Agenda — Indio City Council, May 20, 2026 (part 2 of 7)

CITY OF INDIO
Ra
te Exhibit 1
P
roposed Rates Effective 7/15/26

COMMERCIAL TRASH
Bin Size
Service
2 3
4 6
DiS!;10Sal
2 3
4 6
AB939
2 3
4 6
Total
2 3
4 6
Other Commercial Fees:

Delivery Charge
New Start
Re Start
Pull out 20ft
Locking Container
Replace Locking Bar
Saturday Service/Month
3 Yard Construction Bin/Pull
4 Yard Construction Bin/Pull
2yd Extra Empty
3yd Extra Empty
4yd Extra Empty
6yd Extra Empty
2yd Extra Empty Compactor (3x)
3yd Extra Empty Compactor (3x)
4yd Extra Empty Compactor (3X)
6yd Extra Empty Compactor (3x)
96g Trash Low Volume
96g Recycle Low Volume
2 $ 68.21 $ 121.43
$ 96.90 $ 182.96
$ 136.56 $ 243.92
$ 204.79 $ 363.34
$ 42.34 $ 84.69
$ 63.52 $ 127.03
$ 84.69 $ 169.38
$ 127.03 $ 254.06
$ 2.00 $ 4.00
$ 2.99 $ 6.00
$ 4.00 $ 8.00
$ 5.98 $ 11.99
$ 112.55 $ 210.12
$ 163.41 $ 315.99
$ 225.25 $ 421.30
$ 337.81 $ 629.39
Service Diseosal
$ 32.02 $
$ 18.98 $
$ 18.98 $
$ 52.36 $
$ 86.44 $
$ 57.62 $
$ 52.36 $
$ 113.43 $ 114.28
$ 116.09 $ 138.63
$ 42.12 $ 10.88
$ 63.13 $ 16.24
$ 84.12 $ 21.68
$ 126.33 $ 32.56
$ 126.36 $ 32.58
$ 189.36 $ 48.80
$ 252.37 $ 65.01
$ 378.97 $ 97.65
$ 20.80 $ 11.25
$ 10.64 $ 5.75
Proeosed Rates
Fre uenc
3 4 5 6
$ 174.74 $ 227.49 $ 278.30 $ 335.73
$ 262.62 $ 340.87 $ 417.89 $ 503.54
$ 351.00 $ 454.23 $ 557.53 $ 671.08
$ 525.17 $ 678.58 $ 836.38 $ 1,017.14
$ 127.03 $ 169.38 $ 211.72 $ 254.06
$ 190.55 $ 254.06 $ 317.59 $ 381.10
$ 254.06 $ 338.76 $ 423.45 $ 508.14
$ 381.10 $ 508.14 $ 635.17 $ 762.20
$ 6.00 $ 8.00 $ 9.99 $ 11.99
$ 8.98 $ 12.00 $ 14.99 $ 18.06
$ 11.99 $ 15.99 $ 19.98 $ 23.98
$ 18.00 $ 23.97 $ 29.54 $ 35.97
$ 307.78 $ 404.87 $ 500.01 $ 601.79
$ 462.16 $ 606.93 $ 750.47 $ 902.70
$ 617.05 $ 808.97 $ 1,000.96 $ 1,203.20
$ 924.26 $ 1,210.69 $ 1,501.09 $ 1,815.32
Total
$ 32.02
$ 18.98
$ 18.98
$ 52.36
$ 86.44
$ 57.62
$ 52.36
$ 227.71
$ 254.72
$ 53.00
$ 79.37
$ 105.80
$ 158.89
$ 158.94
$ 238.16
$ 317.38
$ 476.62
$ 32.05
$ 16.40

Page 8 of 15 ends

CITY
O

F INDIO
Rate Exhibit 1
Proposed Rates Effective 7/15/26

COMMERCIAL TRASH
Bin Size
Service
2 3
4 6
Dis�osal
2 3
4 6
AB939
2 3
4 6
Total
2 3
4 6
Commercial Compactor Rates
Proposed Compactor Rates
Frequency
1 2 3 4
$ 204.62 $ 364.29 $ 524.23 $ 682.47 $
$ 290.71 $ 548.87 $ 787.87 $ 1,022.61 • $
$ 409.67 $ 731.76 $ 1,052.99 $ 1,362.68 $
$ 614.38 $ 1,090.01 $ 1,575.50 $ 2,035.74 $
$ 127.02 $ 254.07 $ 381.10 $ 508.15 $
$ 190.56 $ 381.10 $ 571.66 $ 762.19 $
$ 254.07 $ 508.15 $ 762.19 $ 1,016.27 $
$ 381.10 $ 762.19 $ 1,143.29 $
1,524.42. $
$ 6.00 $ 12.00 $ 18.00 $ 24.00 $
$ 8.97 $ 18.00 $ 26.94 $ 36.00 $
$ 12.00 $ 24.00 $ 35.97 $ 47.97 $
$ 17.94 $ 35.97 $ 54.00 $ 71.91 $
$ 337.64 $ 630.37 $ 923.33 $ 1,214.62 $
$ 490.24 $ 947.97 $ 1,386.47 $ 1,820.80 $
$ 675.74 $ 1,263.90 $ 1,851.16 $ 2,426.92 $
$ 1,013.42 $ 1,888.17 $ 2,772.79 $ 3,632.07 $
5 6
834.89 $ 1,007.20
1,253.68 $ 1,510.62
1,672.59 $ 2,013.25
2,509.13 $ 3,051.43
635.17 $ 762.19
952.76 $ 1,143.29
1,270.34 $ 1,524.42
1,905.51 $ 2,286.61

29.97 $ 35.97

44.97 $ 54.18

59.94 $ 71.94

88.62 $ 107.91
1,500.03 $ 1,805.36
2,251.41 $ 2,708.09
3,002.87 $ 3,609.61
4,503.27 $ 5,445.95

Page 9 of 15 ends

CIT

Y OF INDIO
Rate Exhibit 1
Proposed Rates Effective 7/15/26

COMMERCIAL -

TEMPORARY BINS
Service
Bin Size
3 4
Disposal
Bin Size
3 4
Total
Bin Size
3 4
Proposed Rates
Standard Extra Empty
$119.30
$130.93
$118.10
$128.21
$237.40
$259.14
$119.30
$130.93
$118.10
$128.21
$237.40
$259.14
7 day rental and 1 dump included
Other Commercial Temporary Bin Charges:

Extra Trip Charge
Per Diem Over 7 Da:
$52.46
$29.04

Page 10 of 15 ends

ITYOF INDIO
Rate Exhibit 1
Proposed Rates Effective 7/15/26

COMMERCIAL RECYCLE
Service
Bin Size
2 3
4 6
6yd Comp
AB939
2 3
4 6
6yd Comp
S81383 Adjustment
2 3
4 6
Total
2 3
4 6
6yd Comp
Other Commercial Recl,!cle Fees:

Delivery Charge
New Start
Re Start
Pull out 20ft
Locking Container
Replace Locking Bar
Saturday Service/Month
2yd Extra Empty
3yd Extra Empty
4yd Extra Empty
6yd Extra Empty
6yd compactor - extra emply/contamination
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2 32.92 $ 65.84
$

49.38 $ 98.76
$

65.84 $ 131.70
$

98.78 $ 197.54
$
145.46 $ 290.93
$

2.00 $ 4.00 $

2.99 $ 6.00 $

4.00 $ 8.00 $

5.98 $ 11.99
$

8.98 $ 17.96 $

7.56 $ 15.10 $

11.32 $ 22.65
$

15.10 $ 30.20
$

22.65 $ 45.31 $

42.48 $ 84.94
$

63.69 $ 127.41
$

84.94 $ 169.90
$
127.41 $ 254.84
$
154.44 $ 308.89 $
Proeosed Rates
Fre uenc
3 4 5 6

98.76 $ 131.69 $ 164.62 $ 197.54
148.16 $ 197.53 $ 246.94 $ 296.23
197.54 $ 263.38 $ 329.27 $ 395.10
296.29 $ 395.11 $ 494.41 $ 592.64
436.37 $ 581.85 $ 727.30' $ 872.77

6.00 $ 8.00 $ 9.99 $ 11.99

8.98 $ 12.00 $ 14.99 $ 18.06

11.99 $ 15.99 $ 19.98 $ 23.98

18.00 $ 23.97 $ 29.54 $ 35.97

26.94 $ 35.92 $ 44.90 $ 53.88

22.65 $ 30.20 $ 37.75
$ 45.31

33.97 $ 45.31 $ 56.63 $ 67.96

45.31 $ 60.40 $ 75.50 $ 90.60

67.96 $ 90.60 $ 113.27 $ 135.91
127.41 $ 169.89 $ 212.36 $ 254.84
191.11 $ 254.84 $ 318.56 $ 382.25
254.84 $ 339.77 $ 424.75 $ 509.68
382.25 $ 509.68 $ 637.22 $ 764.52
463.31 $ 617.77 $ 772.20' $ 926.65
Proposed
Unit
Rates
$ 28.59
$ 16.96
$ 16.96
$ 46.75
$ 77.17
$ 51.45
$ 46.75
$ 29.60
$ 46.86
$ 59.23
$ 88.84
$ 159.47

Page 11 of 15 ends

CITY OF
I
NDIO
Rate Exhibit 1
Proposed Rates Effective 7115126
Roll Off Trash
20 Yard
30 Yard
40 Yard
7/15/2026
Proposed
Pull
Rate
$ 220.63 $
$ 220.63 $
$ 254.97 $
Monthly
Flat Rate
882.53
882.53
1,019.79
PLUS DUMP FEES AT ACTUAL COST+ 10%
& AB939 SURCHARGE $ 4.60 PER TON and 11.5% Franchise Fee Compactor rates are three times (3X) the above rates
20/30 Yard Compactor
40 Yard Compactor
Other Roll-off Fees:

Delivery Charge
Relocate
Extra Trip
New Start
Re-Start
Pull
Rate
$ 661.93
$ 764.90
$ 32.02
$ 76.43
$ 76.43
$ 18.98
$ 18.98

Page 12 of 15 ends

CITY OF INDIO Rate Exhibit 1
Proposed Rates Effective
7115126
Roll Off
Temporary
Disposal Tip Fee
Disposal Tip Fee/ton
Admin 10%
AB939
Franchise Fee 11.5%
Total Disposal Per Ton
Container Size
20 YARD with 4 tons
30 YARD with 4 tons
40 YARD with 4 tons
Proposed Rates
$ 84.03
$ 8.40
$ 4.60
$ 10.92
$107.95
(4 tons)
Disposal
$431.80 $ 943.99
$431.80 $ 943.99
$431.80 $ 1,082.36
RATE INCLUDES 7 DAY RENTAL AND ONE DUMP OF UP TO 4 TONS.

TONS OVER 4 TONS, DUMP FEES AT ACTUAL+ 10%, plus
AB939 SURCHARGE $4.60 PER TON, and Franchise Fee
OTHER TEMPORARY ROLL-OFF FEES:

PER DIEM OVER 7 DAYS

RELOCATE

EXTRA TRIP

PUMP (CONCRETE WASHOUT)
Disposal Total
$43.53
$75.59
$75.59
$144.58

Page 13 of 15 ends

C
ITY

OF INDIO
RateExhibit 1
Proposed Rates Effe
ctive 7/15/26

ROLL OFF RECYCLING
20 YARD
30YARD
40 YARD
7/15/2026
Proposed
PULL
RATE
$ 226.37
$ 226.37
$ 261.59

PLUS DUMP FEES AT ACTUAL AND FRANCHISE FEES
OTHER ROLL-OFF RECYCLING FEES:

DELIVERY CHARGE

RELOCATE

EXTRA TRIP

NEW START

RE-START
$ 32.85
$ 78.40
$ 78.40
$ 19.49
$ 19.49

Page 14 of 15 ends

CIT

Y OF INDIO
Rate Exhibit 1
Proposed Rates Effective
7/15/26

COMMERCIAL FOOD WASTE
Proposed Rates
1-64 Gallon Cart
Recycling Total
# Pick-Ups Collection Material Franchise AB-939 Monthly Per week Component Processing Fee Fee Rate
1 $41.59 $45.54 $11.32 $2.00 $100.45
2 $83.18 $91.01 $22.64 $4.00 $200.83
3 $124.75 $136.54 $33.95 $6.00 $301.24
4 $166.33 $182.02 $45.27 $8.00 $401.62
5 $207.94 $227.56 $56.59 $10.00 $502.08
2-64 Gallon Cart
1 $68.14 $91.01 $20.68 $4.00 $183.83
2 $136.25 $182.02 $41.36 $8.00 $367.63
3 $204.40 $273.03 $62.04 $12.00 $551.47
4 $272.51 $364.02 $82.71 $16.00 $735.24
5 $340.65 $455.04 $103.39 $20.00 $919.08
3-64 Gallon Cart
1 $90.91 $136.54 $29.56 $6.00 $263.01
2 $193.10 $273.03 $60.57 $12.00 $538.70
3 $272.74 $409.57 $88.66 $18.00 $788.96
4 $363.64 $546.04 $118.21 $24.00 $1,051.89
5 $454.56 $682.59 $147.76 $30.00 $1,314.90
4-64 Gallon Cart
1 $106.18 $182.02 $37.45 $8.00 $333.65
2 $212.35 $364.02 $74.90 $16.00 $667.27
3 $318.52 $546.04 $112.34 $24.00 $1,000.90
4 $424.70 $728.06 $149.79 $32.00 $1,334.55
5 $530.88 $910.09 $187.24 $40.00 $1,668.21
Additional Cart after 4 Carts Per Week
1 $24.83 $45.54 $9.14 $1.85 $81.35
2 $49.61 $91.01 $18.27 $3.70 $162.59
3 $74.52 $136.54 $27.42 $5.55 $244.02
4 $99.33 $182.02 $36.56 $7.40 $325.31
5 $124.18 $227.56 $45.71 $9.25 $406.69
Extra Pickup
1 $13.91 $10.50 $3.17 $0.92 $28.50
2 $25.24 $21.02 $6.01 $1.84 $54.11
3 $32.05 $31.52 $8.26 $2.76 $74.59
4 $42.71 $42.03 $11.01 $3.68 $99.43
5 $53.39 $52.56 $13.77 $4.60 $124.32
2yd Bin
1 $144.20 $86.28 $29.95 $6.00 $266.43
2 $284.63 $172.54 $59.41 $12.00 $528.58
3 $562.89 $269.37 $108.15 $24.00 $964.41
4 $704.32 $345.08 $136.36 $30.00 $1,215.76
5 $846.64 $431.36 $166.07 $36.00 $1,480.07

Page 15 of 15 ends

City of Indio
City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Peña, Director of Water Utility & Maintenance Subject: Adoption of FY 2026–27 SB 1 projects, including Monroe St (Ave 48–52), Fred Waring Dr, and Miles Ave; $3,494,410.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 10561 adopting a list of projects for Fiscal Year 2026-27 to be funded by Senate Bill 1, the Road Repair and Accountability Act of 2017.

SUMMARY:

The Road Repair and Accountability Act of 2017 provides increased funding for local streets and roads through revenues generated by the Highway Users Tax Account, with additional funding allocated from the Road Maintenance and Rehabilitation Account (RMRA). On March 24, 2021, the California Transportation Commission established a requirement that any project seeking RMRA funding must be approved by the City Council through a formal resolution. The next proposed project includes the resurfacing of Fred Waring Drive from Jefferson Street to Monroe Street.

Additionally, staff recommends carrying over remaining SB 1 funds from Fiscal Year 2025–2026 to support the resurfacing of Miles Avenue from Madison Street to Monroe Street.

BACKGROUND INFORMATION:

On April 28, 2017, the Governor signed Senate Bill 1 (SB1), also known as the Road Repair and Accountability Act of 2017. This legislation aimed to address essential road maintenance, rehabilitation, and safety needs for both state highways and local streets. SB1 achieved this by increasing per-gallon fuel excise taxes, raising diesel fuel sales taxes and vehicle registration fees, and allowing for inflationary adjustments to tax rates in the future.

Since November 1, 2017, the State Controller has been allocating portions of this new funding to the newly established Road Maintenance and Rehabilitation Account (RMRA). A portion of the RMRA funding is distributed to eligible cities and counties based on a formula outlined in the Streets and Highways Code (SHC) Section 2032(h). This funding is designated for basic road maintenance, rehabilitation, and critical safety projects on local streets and roads.

Cities and counties that receive RMRA funds must adhere to all applicable federal and state laws, regulations, policies, and procedures. The primary requirements for the program are outlined in SHC Sections 2032.5, 2034, 2036, 2037, and 2038. Some of these requirements include:
 Submitting a list of proposed projects to the California Transportation Commission for funding consideration. All proposed projects must be included in a resolution adopted by the City AGENDA ITEM #10.9
Resolution No. 10561, Adoption of FY 2026–27 SB 1 projects, including Mo... Page 129 of 831 Council, following the updated guidelines issued by the California Transportation Commission on March 24, 2021 (SHC 2034(a)(1)).
 Providing a detailed description, location, proposed completion schedule, and estimated useful life for each project included in the funding proposal (SHC 2034(a)(1)).

In line with these guidelines, staff have updated the Capital Improvement Program to identify eligible projects for RMRA funding. Staff recommends adopting the resolution in Attachment 1, which prioritizes projects under the City’s Pavement Management Plan.

For Fiscal Year 2026-27 staff has identified Monroe Street from Avenue 48 to Avenue 52 for SB1 funding.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$897,902 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$2,596,508 Strategic Objective: Public Infrastructure
Source of funds: SB 1 Fund-Org-Object
Reference:
234
Additional Financial Details:

Based on the latest State Department of Finance projections, RMRA funds for the City of Indio is expected to be $2,596,508 for FY 2026-27 in addition to the $897,902 SB 1 funds from 2025-26. If the proposed resolution is approved, the City would be eligible for SB1 funding. The money is programmed for repair, rehabilitation, and maintenance of existing roadways within the City.

ATTACHMENTS:

Attachment 3 - Fred Waring Drive from Jefferson Street to Monroe Street Attachment 2 - Miles Avenue from Madison Street to Monroe Street Resolution No. 10561 - SB 1_RM_MP_Final
APPROVAL(S):

Miguel Peña, Director of Water Utility & Maintenance Approved - 13 May 2026 Ruby D. Walla, Director of Finance Approved - 13 May 2026 Steven Graham Pacifico, City Attorney Approved - 14 May 2026 Bryan H. Montgomery, City Manager Approved - 14 May 2026

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Resolution No. 10561, Adoption of FY 2026–27 SB 1 projects, including Mo... Page 130 of 831

Page 3 of 7 ends

Resolution No. 10561, Adoption of FY 2026–27 SB 1 projects, including Mo... Page 131 of 831

Page 4 of 7 ends

Resolution No. 10561, Adoption of FY 2026–27 SB 1 projects, including Mo... Page 132 of 831 1 RESOLUTION NO. 10561

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, TO ADOPT A LIST OF PROJECTS FOR FISCAL YEAR 2026- 27 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $2,596,508 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets/roads and add active transportation infrastructure throughout the City this year and hundreds of similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at lower risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and

Page 5 of 7 ends

Resolution No. 10561, Adoption of FY 2026–27 SB 1 projects, including Mo... Page 133 of 831 2 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. All of the recitals above are true and correct and are incorporated herein as if set forth in full.

Section 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account revenues:

Project Title: Fiscal Year 2026-27 Citywide Pavement Rehabilitation Project Description: Pavement resurfacing with grind and overlay Project Location:

1. Fred Waring Drive from Jefferson Street to Monroe Street

2. Miles Avenue from Madison Street to Monroe Street
Estimated Project Schedule: October 1, 2026 – April 30, 2027 Estimated Project Useful Life: 5-10 Years
Section 3. This resolution shall take effect immediately upon its adoption.

Section 4. The City Clerk shall certify the adoption of this resolution.

Page 6 of 7 ends

Resolution No. 10561, Adoption of FY 2026–27 SB 1 projects, including Mo... Page 134 of 831 3 PASSED, APPROVED and ADOPTED this 20th day of May, 2026. ________________________________

ELAINE HOLMES, MAYOR
ATTEST:
_____________________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Page 7 of 7 ends

Resolution No. 10561, Adoption of FY 2026–27 SB 1 projects, including Mo... Page 135 of 831 City of Indio
City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Peña, Director of Water Utility & Maintenance Subject: Approve and authorize the purchase of furniture, fixtures, and equipment (FF&E) for the Corporate Yard with Arnolds Office Furniture in the amount not-to-exceed $194,879.89.

RECOMMENDATION:

Staff recommend that the City Council approve the purchase of furniture, fixtures, and equipment (FF&E) for the Corporate Yard from Arnolds Office Furniture in the amount not-to-exceed $194,879.89, including a 10% contingency in the amount of $17,716.35, and authorize the City Manager to execute any necessary change orders.

SUMMARY:

The Corporate Yard contains aging and inconsistent furniture acquired almost two decades ago from various vendors. To modernize the workspace and improve consistency, staff sought out and obtained two competitive bids, ensuring pricing for new FF&E remained within the approved budget of $200,000.

BACKGROUND INFORMATION:

The Corporate Yard currently has outdated, and inconsistent furniture acquired from multiple vendors over the years, which no longer meets operational needs or the City’s standards for a modern workspace. To address this, staff initiated a modernization effort to improve functionality and ensure long-term consistency across work areas.

Consistent with the approved $200,000 budget for FF&E, staff obtained two competitive bids through a transparent and fiscally responsible process, evaluating pricing, quality, and vendor qualifications. Arnolds submitted the lowest responsive and responsible proposal, meeting the City’s standards for durability, compatibility, and value. A 10% contingency has been included to account for unforeseen costs.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$194,879.89 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: Furniture & Fixtures Fund-Org-Object 8106713-555007 AGENDA ITEM #10.10
Approve and authorize the purchase of furniture, fixtures, and equipment... Page 136 of 831 Reference:

ATTACHMENTS:

Attachment 1 - Arnolds Office Furniture Quote
Attachemnt 2 - GMBI Quote
Attachemnt 3 - Arnolds Office Furniture Options
APPROVAL(S):

Page 2 of 21 ends

Approve and authorize the purchase of furniture, fixtures, and equipment... Page 137 of 831 Office Furniture Proposal
Date 4/22/2026
Proposal # 2026-1601
Bill To
Indio Water Authority
Indio CA
Christian Hernandez
Ship To
Indio Water Authority
Indio, CA
Christian Hernandez
313 W 4th Street
Bridgeport, PA 19405
P.O. No.

FLEXIBLE LOW MONTHLY PAYMENTS AVAILAB...

SALESPERSON
AEE
Signature
610-272-2050
Total
Subtotal
Sales Tax (8.75%)
Terms: All work to be performed on straight time during the day; nights and weekends subject to overtime rates. The space is to be free and clear of furniture and fixtures. We will need exclusive use of the elevator, if applicable. Our quote does not include electrical work of any kind. Power will be connected by our staff "within" the furniture only. An electrician will be required by the buyer to connect the system to the building power. Any changes to the floor plan or furniture due to building conditions or at the request of the buyer are subject to additional charges. Deliveries are subject to normal delays for unforeseen issues which may affect your delivery date. We reserve the right to reschedule your delivery as needed due to these circumstances should they arise. ALL sales are final. No refunds or returns. Exchanges subject to a 50% restocking fee.

ACCEPTED PAYMENT METHODS:

Wire Transfer | CC (+3.5%) | Check (payable to "Arnold's Office Furniture") "INSPIRING
GROWTH"
PAYMENT TERMS:
75% Deposit - lock in pricing | secure furniture | begin project management 25% Balance - due upon completion of project
Monthly Financing
Payment Amount:
* based on 60-mth term &
approved financing
Ask us about other options!
Remittance Address:

PO Box 96628
Charlotte, NC 28296-6628
QTY Description Unit Price Total
Sunline Signature System - 8' x 8' - 65 " High - Straight Run Pricing Light Gray or Charcoal Gray Fabric / Accent Undecided / Clear Glass Top
Anodized Aluminum Frame / Worksurface Finish TBD
(5) and (3)
8 2,905.00 23,240.00T
Sunline Signature System - 8' x 8' - 65 " High/41" High - Straight Run Pricing
Light Gray or Charcoal Gray Fabric / Accent Undecided / Clear Glass Top
Anodized Aluminum Frame / Worksurface Finish TBD
5 2,715.00 13,575.00T
Sunline Signature System - 6'x7'' - 65 " High/41" High - Straight Run Pricing
Light Gray or Charcoal Gray Fabric / Accent Undecided / Clear Glass Top
Anodized Aluminum Frame / Worksurface Finish TBD
5 2,350.00 11,750.00T

Page 1 ends

Page 3 of 21 ends

Approve and authorize the purchase of furniture, fixtures, and equipment... Page 138 of 831 Office Furniture Proposal
Date 4/22/2026
Proposal # 2026-1601
Bill To
Indio Water Authority
Indio CA
Christian Hernandez
Ship To
Indio Water Authority
Indio, CA
Christian Hernandez
313 W 4th Street
Bridgeport, PA 19405
P.O. No.

FLEXIBLE LOW MONTHLY PAYMENTS AVAILAB...

ACCEPTED PAYMENT METHODS:

PO Box 96628
Charlotte, NC 28296-6628
QTY Description Unit Price Total
Sunline Signature System - 6' x 6' - 65 " High - Straight Run Pricing Light Gray or Charcoal Gray Fabric / Accent Undecided / Clear Glass Top
Anodized Aluminum Frame / Worksurface Finish TBD
1 2,290.00 2,290.00T
Sunline Signature System - 4' x 2' - 53" High - Straight Run Pricing Light Gray or Charcoal Gray Fabric / Accent Undecided / Clear Glass Top
Anodized Aluminum Frame / Worksurface Finish TBD
4 829.00 3,316.00T
Sunline Signature System - 5' x 2' - 53" High - Straight Run Pricing Light Gray or Charcoal Gray Fabric / Accent Undecided / Clear Glass Top
Anodized Aluminum Frame / Worksurface Finish TBD
5 995.00 4,975.00T
28 8 wire 4 circuit power with 2 duplex receptacle ea 110.00 3,080.00T 5 base in feed from wall- hardwired 129.00 645.00T

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Approve and authorize the purchase of furniture, fixtures, and equipment... Page 139 of 831 Office Furniture Proposal
Date 4/22/2026
Proposal # 2026-1601
Bill To
Indio Water Authority
Indio CA
Christian Hernandez
Ship To
Indio Water Authority
Indio, CA
Christian Hernandez
313 W 4th Street
Bridgeport, PA 19405
P.O. No.

FLEXIBLE LOW MONTHLY PAYMENTS AVAILAB...

ACCEPTED PAYMENT METHODS:

PO Box 96628
Charlotte, NC 28296-6628
QTY Description Unit Price Total
1 Ceiling feed with pole- hardwired 280.00 280.00T
Sunline Height adjustable base with memory pad- Silver- all cubicles except smaller cubicles
19 495.00 9,405.00T
28 Sunline 3 drawer storage with lock- WHITE 225.00 6,300.00T 19 Sunline overhead bin with lock- WHITE- larger cubicles only 245.00 4,655.00T C- Series 6'x 6'-6" L shaped laminate office with (1) BBF , height adjustable base below 30"x72" surface.

Frosted glass modesty panel
Choice of Laminate color
17 1,929.00 32,793.00T

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Approve and authorize the purchase of furniture, fixtures, and equipment... Page 140 of 831 Office Furniture Proposal
Date 4/22/2026
Proposal # 2026-1601
Bill To
Indio Water Authority
Indio CA
Christian Hernandez
Ship To
Indio Water Authority
Indio, CA
Christian Hernandez
313 W 4th Street
Bridgeport, PA 19405
P.O. No.

FLEXIBLE LOW MONTHLY PAYMENTS AVAILAB...

ACCEPTED PAYMENT METHODS:

PO Box 96628
Charlotte, NC 28296-6628
QTY Description Unit Price Total
C- Series 8'x 6' U shaped laminate office with 72 x 30 shrouded height adjustable desk, 24"x24" bridge, 24"72" credenza, lateral storage, Hutch with glass doors
Choice of laminate color

DIRECTOR
1 4,750.00 4,750.00T
46 Ergo Classic task chair- black 250.00 11,500.00T
36 Ergo Guest chair with four legs- black 195.00 7,020.00T 2 Glass whiteboards 6'x4' 875.00 1,750.00T
1 Delivery via freight to loading dock, normal hours- use of elevator 3,987.00 3,987.00T 1 Installation, normal hours, space to be free and clear, remove debris 17,598.00 17,598.00T

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_____________________________________
$177,163.54
$162,909.00
$14,254.54

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Approve and authorize the purchase of furniture, fixtures, and equipment... Page 141 of 831 Variance
Furniture Tag Item Description Total Units Selected Unit Cost Total Selection Cost Unit Budget Cost Total Budget Cost Budget +/-

OPEN AREA WORKSTATIONS

IF DONE WITH SHARED SPINE AS
SHOWN- IF NEED 2 AISLEWAYS PRICE
INCREASES BY ABOUT $1000 PER

STATION
10 $ 4,998.10 $ 49,981.00 $ - $ - $49,981.00
2 AREAS OUTSIDE THE LIBRARY/PLAN
REVIEW/KITCHENETTE AREA 3 $ 4,998.10 $ 14,994.30 $ - $ - $14,994.30

ENGINEERING WORKSTATIONS- WILL

BE CONFIGURED WITH DROP DOWN AT

WINDOWS
6 $ 4,998.10 $ 29,988.60 $ - $ - $29,988.60
ENGINEERING TOUCHDOWN STATIONS 5 $ 1,236.50 $ 6,182.50 $ - $ - $6,182.50 PRIVATE OFFICES 16 $ 3,451.35 $ 55,221.60 $ - $ - $55,221.60 DIRECTORS OFFICE 1 $ 4,006.80 $ 4,006.80 $ - $ - $4,006.80

PRINTER/STORAGE AREA IN THE
"TRAINING ROOM" WORKSTATION
AREA
1 $ 6,033.91 $ 6,033.91 $ - $ - $6,033.91
"TRAINING ROOM" DESKS-JOSE
REQUESTED 1 OPTION WITH

FREESTANDING DESKS
5 $ 1,217.94 $ 6,089.70 $ - $ - $6,089.70
TASK CHAIRS FOR ALL EMPLOYEES 43 $ 390.00 $ 16,770.00 $ - $ - $16,770.00

GUEST CHAIRS FOR PRIVATE OFFICES
ONLY- 2 PER OFFICE 34 $ 207.00 $ 7,038.00 $ - $ - $7,038.00

OPTIONAL HEIGHT ADJUST BASES FOR
ALL EMPLOYEES- 1 RECTANGULAR

SURFACE EACH
43 $ 620.00 $ 26,660.00 $ - $ - $26,660.00
72x48 WHITE GLASSBOARDS 1) FOR
ENGINEERING AND 1) FOR THE

DIRECTORS OFFICE
2 $ 645.12 $ 1,290.24 $ - $ - $1,290.24
0 $ - $ - $ - $0.00
0 $ - $ - $ - $0.00
Tax Rate Sub Total $ 224,256.65 Sub Total $ - $224,256.65

8.75% Sales Tax $ 19,622.46 Sales Tax $ - $19,622.46
Serv.taxable $ 33,638.50 Serv.Sales Tax $ - $33,638.50Est. Installation Est. Installation $ - $0.00 Est. Freight Est. Freight $ - $0.00
TOTAL $ 277,517.60 TOTAL $ - $277,517.60
Budget TrackerNaming: Indio PD Headquarters
Actual Project Cost Project Budget Placeholder

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WORKSPACES
1 4-22-2026
Signature Option

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Page
2 Floor Plan

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Signature Workstations
Height Adjustable
In-Stock Fabric
In-Stock Worksurfaces and Pedestal Drawers
Images are for reference only.
3-Drawer BBF Pedestal:
5- 8x8 65” high, 5- 8x8 65 high drop to 41 at windows
3- 8x8- 65 High ( outside library)
Overhead Bin:

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Signature Workstations
In-Stock Fabric
In-Stock Worksurfaces and Pedestal Drawers
Images are for reference only.
5- 6x7- 65 High/drop to 41 H at windows, 1- 6x6 65”
high
Height Adjustable
3-Drawer BBF Pedestal: Overhead Bin:

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Page
5 Signature Workstations
In-Stock Fabric
In-Stock Worksurfaces and Pedestal Drawers
Images are for reference only. 5- 4’x2’- 53” high
3-Drawer BBF Pedestal:

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Page
6 Signature Workstations
In-Stock Fabric
In-Stock Worksurfaces and Pedestal Drawers
Images are for reference only.
3-Drawer BBF Pedestal:
5- 5’x2’- 53” high- Training

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Page
7

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Optional Accessories
Page8

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9 L shaped only-
This photo is for reference
30” D x 72” W
24” D x 48” W
Height Adj. base color
Frosted Plexi glass modesty
panel, 15” height
Offices
17-6’x6’-6” Height adjustable desks with (1) BBF and
modesty panel in front

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10 Offices
1- 8x6 height adjustable desk with (1) BBF (1) storage Lateral and (1) Hutch

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• Thick Foam Seat • Adjustable Arms • Tilt-Lock • Pneumatic Lift • Upgraded Mesh • Dual Wheel Casters • Lumbar Support • 12yr Limited Warranty Task chairs

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Guest chairs

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(2) Glass Whiteboards

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Alissa Ettorre
Sales and Design Specialist
856.562.0286
[email protected]
arnoldsofficefurniture.com

CONTACT

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City of Indio
City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Peña, Director of Water Utility & Maintenance Subject: Award Agreement to Precision Concrete Cutting for Sidewalk Repair Services in an Annual Amount Not-to-Exceed $100,000 for a Three-Year Term with Two One-Year Extension Options.

RECOMMENDATION:

Staff recommends that the City Council award a contract to Precision Concrete Cutting for sidewalk repair services in an amount not-to-exceed $100,000 annually for an initial three-year term, with the option to extend the contract for two additional one-year terms. Staff further recommends authorizing the City Manager to execute the agreement and any necessary contract extensions.

SUMMARY:

Staff recommends that the City exercise its authority to piggyback on the California Joint Powers Insurance Authority (CJPIA) Master Services Agreement with Precision Concrete Cutting. This allows the City to utilize competitively obtained pricing, terms, and conditions that meet state and local procurement requirements. Piggybacking provides accelerated procurement, cost-effective pricing, and eliminates the need for duplicative competitive bidding, ensuring timely delivery of essential sidewalk safety improvements. The City of Indio must proactively identify and eliminate sidewalk trip hazards to maintain ADA accessibility, improve public safety, and reduce liability exposure. Precision Concrete Cutting’s specialized approach corrects vertical offsets efficiently while preserving existing concrete. As part of the City’s use of the CJPIA Master Services Agreement, the pricing applied to this contract reflects the annual CPI-based adjustment authorized in the agreement. For 2026, Precision Concrete Cutting implemented a CPI-related increase consistent with the 3.0–3.5% rise in the Consumer Price Index for major California metropolitan regions, including Riverside County. In addition to CPI, the vendor’s 2026 rate adjustment incorporates other measurable cost drivers such as a 5.9% increase in Prevailing Wage rates, a

2.5% increase in statewide fuel costs, higher insurance premiums due to increasing trip-and-fall litigation costs, and increased data-management requirements from member cities. These adjustments are consistent with the CJPIA Master Services Agreement.

BACKGROUND INFORMATION:

During the previous fiscal year, the City eliminated approximately 980 sidewalk trip hazards at a total cost of $75,000 using the same cutting method, averaging about $75 per location. The method has proven cost-effective and minimally disruptive.

The CJPIA contract was competitively procured and contains valid cooperative-use language, making it eligible for piggyback use under City purchasing policy.

AGENDA ITEM #10.11
Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 157 of 831 FINANCIAL SUMMARY:

Current FY Financial
Impact:
$100,000.00 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$100,000.00 Strategic Objective: Public Infrastructure
Source of funds: State Gas Tax Fund-Org-Object
Reference:
210-523035
Additional Financial Details:

The Street Maintenance division will be using State Gas Tax, Fund 210-523035 to fund this contract.

ATTACHMENTS:

Attachment 1 - CJPIA_Master Services Agreement
Attachment 3 - CJPIA_Master Services Agreement_CPI Increase_February 2026 Attachment 2 - Sidewalk Trip Hazard Removal Public Works Agreement_Final APPROVAL(S):

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 158 of 831

MASTER SERVICE AGREEMENT
This Master Services Agreement (AGREEMENT) made as of this date, February, 15, 2023, by and between Precision Concrete Cutting (“CONTRACTOR”) and The California Joint Powers Insurance Authority (“AUTHORITY”).

This AGREEMENT is created for the sole purpose of establishing an agreed-upon set of services and related costs in order to allow California JPIA members (“MEMBER”) access to professional sidewalk inspection and maintenance services.

Further, this AGREEMENT creates no obligation or expectation that any work will result from this agreement. The CONTRACTOR’s specific services are defined below, and are available to members on as as-needed basis; the exact terms and conditions of such services are to be arranged between CONTRACTOR and MEMBER. MEMBERS are responsible for initiating and requesting any work of CONTRACTOR.

Service Option 1

SIDEWALK ASSESSMENT SERVICES
CONTRACTOR will inspect sidewalks and provide a written inspection report in the format approved by the MEMBER (optional curbs and gutters can be included in the scope of work).

The inspection reports shall include the identification, location, and description of each problem and recommended action to be taken. The format and information required may be changed at the request of MEMBER with the agreement of both parties.

Sidewalk Assessment Fee Schedule
Cost Per
Sidewalk Mile
Total Sidewalk
Miles
Estimated Cost
per Day
Estimated
Man Days
Total Estimate
Assessment Cost
$455.00 TBD $1,000 TBD $ TBD
Sample Services and Responsibilities

1. MEMBER shall provide maps of specified areas to CONTRACTOR.

2. CONTRACTOR shall inspect public right-of-ways designated on the maps.

3. CONTRACTOR shall use current ADA standards and Member standards in determining tripping hazards. These hazards shall include, but not be limited to:
a) Differential displacement between sidewalk sections 3/8 inch or greater b) Spall surfaces, holes in surfaces, and cracks above 1 inch wide or greater c) Deteriorated joints that have an eroded condition and are 1/2 inch wide or greater

4. CONTRACTOR shall record location of damaged sections in a GPS device.

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 159 of 831

5. Data entered into the GPS device shall be provided in writing to the MEMBER.

6. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.

7. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.

Service Option 2

SIDEWALK TRIP HAZARD REMOVAL
Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location
Price per Hazard $31.00 $62.00 $125.00 5 lin. feet 25 sq. ft.

CONTRACTOR shall be paid a fee for specialized trip-hazard repair service on lifted sidewalk with a difference in vertical elevation above ¼” to 2 ½”.

The fee paid to CONTRACTOR for trip-hazard removal shall be charged on a cost per hazard category per 5 lineal feet location. A removal of a trip hazard greater than 5 lineal feet shall be charged incremental cost per 5 feet location for the hazard class as follows:

Example: A less severe hazard (3/8” to 1/2” high) that is 7 lineal feet long shall be charged 2 locations (7 lineal feet = 5 feet + 2 feet) = $31 x 2 locations = $62.00 Sample Services and Responsibilities

1. CONTRACTOR shall repair sidewalk trip hazards above ¼” and up to 2 ½” in designated work areas as determined by the MEMBER.

2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other, if applicable, leaving a zero point of differential between slabs.

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 160 of 831 be notified immediately and damages must be repaired at the CONTRACTOR’s expense within 24 hours of the time the damage occurred.

4. CONTRACTOR shall completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately.

5. CONTRACTOR shall repair each sidewalk trip hazard without damage to adjacent slab(s) or curb(s).

6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact.

7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes:
a. The specific hazard height – both high side and low side measurement – in 8ths of an inch
b. The actual length of the repair to the nearest ½ foot c. The total width of actual repair to the nearest ½ foot d. The square feet of the effective panel from joint to nearest joint or score line e. The calculated unit for measurement shall be the square foot of the effected panel f. The physical location (address) of each repair
g. Pictures of each repair as requested
h. Itemized cost of each repaired trip hazard

8. CONTRACTOR shall submit a detailed invoice setting forth the services performed, in accordance with the formula for saw-cutting calculations. All invoices must show the cut depth, size, length, width, square feet, address, the number of locations, and the date repaired for each hazard removal.

The billing unit for invoice calculation shall be the number of locations where one (1) location is up to 5 lineal feet.

9. CONTRACTOR shall guarantee specified repair slope (1:12 or 1:8 based upon requirements outlined by the Americans with Disabilities Act) is achieved. If defined slope is not achieved, CONTRACTOR must repair to specification at no additional charge within 24 hours of discovery.

10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co-efficient of friction of at least 0.6.

11. Method of trip-hazard removal shall entail precise saw-cutting performed with hand-held, electric-powered equipment, using a machined hub and flush-mounted, diamond-tipped blades. Must be capable of cutting at any angle and perform trip-hazard removal in hardto-reach areas, around obstacles, on narrow walkways, and next to fences and retaining walls or buildings.

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 161 of 831

12. CONTRACTOR shall make its best effort to notify residents 3 days in advance of any work and schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times.

Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.

13. CONTRACTOR shall take precautions during saw-cutting operations not to disfigure, scar, or impair the health of any tree on public or private property.

Service Option 3

SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL
Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location
Price per Hazard $37.00 $74.00 $148.00 5 lin. Feet 25 sq. ft.

See sample services and responsibilities under respective sections in Service Option 1 and Service Option 2.

Service Option 4

FIVE-YEAR MAINTENANCE PROGRAM
Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location
Price per Hazard $37.00 $74.00 $148.00 5 lin. Feet 25 sq. ft.

Sample Sidewalk Survey Services and Responsibilities

1. CONTRACTOR shall perform annual, semi-annual, or quarterly sidewalk inspection as determined by the scope of services to be defined by terms mutually set between the MEMBER and CONTRACTOR.

2. CONTRACTOR shall specify problems and recommend action to be taken.

3. CONTRACTOR shall prioritize the areas and problems to be resolved.

4. CONTRACTOR shall identify repairs to be accomplished by saw cutting.

5. CONTRACTOR shall identify spall surfaces, holes in surfaces, and cracks above 1” wide or greater.

6. CONTRACTOR shall recommend areas to be demolished and replaced.

7. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 162 of 831 b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.
h. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.

Sample Sidewalk Trip Hazard Removal Services and Responsibilities

1. CONTRACTOR shall make repairs and recommendations to achieve the lowest overall cost to the MEMBER.

2. CONTRACTOR shall remove the existing trip hazards by saw cutting changes in elevation between adjacent panels from above ¼ inch up to 2 ½ inches in height as specified in the scope of work defined by mutually set terms between the MEMBER and CONTRACTOR.

3. The MEMBER shall set a fixed budget “not to exceed” per month, per quarter, or per year.

4. CONTRACTOR shall provide in-depth report, audit-able for maintenance and risk management
Sample Remove/Replacement Survey Reporting Services and Responsibilities

1. CONTRACTOR shall survey and report all areas not recommended for saw cutting.

2. CONTRACTOR shall identify remove and replacement locations to maximize the repair of locations that truly need to be replaced.

3. CONTRACTOR shall provide a written report that identifies the location, length, width, and square foot measurement of the effected panels to be replaced.

4. CONTRACTOR shall provide GPS locations, maps and photographs of areas recommended for removal and replacement.

5. CONTRACTOR shall provide monthly an in-depth report, audit-able for maintenance and risk management.

Bonding Requirements
Direct cost associated with any specific bonding requirements beyond the required Contractors License Bond including the cost of Performance Bond, Payment Bond, or any other additional bonding requirements are not included in the fee schedule listed above and will be added to the cost of the project.

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 163 of 831 CPI Escalation
The fees charged by Precision Concrete Cutting which are expressed as stated dollar amounts in this schedule shall be increased annually commencing on the one-year anniversary date of the Effective Date. Any increase must include written justification such as CPI figures and is subject to approval if it exceeds the annual 3% allowable increase.

Authorization
CONTRACTOR shall inspect and report only those sidewalk conditions andtriphazards as specified in the performance in this AGREEMENT, and therefore makes no representation that other trip hazards outside the scope of work have been identified. CONTRACTOR shall not be responsible for conditions outsidethecontrol of CONTRACTOR that havechanged after completion ofthe inspections due to tree roots, water, settling, and other causes, and shall not be liable for any claims, losses, or damages arising from known or unknown trip hazards. Additionally, CONTRACTOR shall carry out authorized remediation and repair work asspecified in the performance ofthis AGREEMENT, and based on locations either identified through theirinspection process or identified separately fromthe CONTRACTOR'S inspection process. CONTRACTOR shall be responsible for removal of all trip hazardsthat have been identified and authorized through the performance ofthis AGREEMENT. CONTRACTOR shall not be responsible fortrip hazards that arise after completion of the remediation and repair work asspecified in the performance ofthis AGREEMENT due to conditions outside the control of the CONTRACTOR, such astree roots, water, settling, and other causes.

FOR AUTHORITY: FOR CONTRACTOR:

Jonathan Shull Gary Beneduci

NAME NAME
Chief Executive Officer General Manager

TITLE TITLE
________________________________ ________________________________

SIGNATURE SIGNATURE
_____________ _____________

DATE DATE
February 7, 2023 February 7, 2023

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 164 of 831 Precision Concrete Cutting, Los Angeles-Central CA, Inland Empire Office, 5737 Kanan Road, #718, Agoura Hills, CA 91301
1 Los Angeles/Central California
P: (888) 881-9816 F: (818) 698-8280
www.SafeSidewalks.com
ADA Compliant Safe Sidewalks - Sidewalk Assessment Service – Uneven Sidewalk Repair March 6, 2026
Alex Mellor
Risk Services Director
California JPIA
8081 Moody Street
La Palma, CA 90623
Hello Alex:

For your reference, we will be implementing the annual price adjustment in accordance with the terms outlined in our existing CJPIA Master Services Agreement, effective March 15, 2026. This year’s adjustment reflects current economic and regulatory conditions influencing the overall cost of service delivery.

Key factors influencing this adjustment include:
• A 3.0 – 3.5% increase in the Consumer Price Index (CPI) for Los Angeles, San Francisco, San Diego, and Riverside).
• A 5.9% rise in the Prevailing Wage rates directly affecting labor cost. • A 2.5% increase in Gasoline prices for the state of California • Increase in insurance premiums, driven by the rising cost of defending member cities against trip and fall legal claims.
• Growing demands and related cost associated with data management and reporting as requested by member cities.

These adjustments are necessary to ensure continued service reliability, compliance with state regulations, and alignment with evolving municipal requirements.

We remain committed to delivering the highest quality services and maintaining transparency in our operations. Should you have any questions regarding the adjustment or wish to discuss in further detail, please do not hesitate to contact me directly at 858 699 1089 or [email protected].

We appreciate your continued partnership and look forward to another productive year.

Sincerely;
Gary Beneduci
CEO and Treasurer
Precision Concrete Cutting
Los Angeles, Central Coast, Inland Empire, Orange County.

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 165 of 831 Precision Concrete Cutting, Los Angeles-Central CA, Inland Empire Office, 5737 Kanan Road, #718, Agoura Hills, CA 91301
2 Los Angeles/Central California
P: (888) 881-9816 F: (818) 698-8280
www.SafeSidewalks.com

CJPIA MASTER SERVICES AGREEMENT
Annual Price Adjustment, March 2026
Precision Concrete Cutting will be implementing the annual allowable price increase in the Master Service Agreement to offset the increase in the CPI, Prevailing Wage, fuel, and other cost increases incurred over the past year.

Please see the breakdown below of the changes to our Schedule of Rates over the previous period. As per the agreement, this price increase is in effect for all quotations, contracts, and amendments beyond the one-year anniversary date of February 15, 2026.

Uneven Sidewalk Repair with Sidewalk Assessment
Uneven Sidewalk Repair Only
Sidewalk Assessment Only Per mile
CJPIA MSA 2025 496
CJPIA MSA 2026 496
The current 2023 Master Services Agreement and 2026 Price Adjustment is provided for your reference.

Hazard Class Less Severe
1/4" > to 1/2"
Severe 5/8" -
1"
Most Severe
Above 1"
Lineal Ft.
per LOC
Sq. Ft.
per LOC
CJPIA MSA 2025 $39.25 $78.50 $157.00 5 25 Sq Ft
CJPIA MSA 2026 $40.43 $80.86 $161.70 5 25 Sq Ft
Hazard Class Less Severe
1/4" > to 1/2"
Severe 5/8" -
1"
Most Severe
Above 1"
Lineal Ft.
per LOC
Sq. Ft.
per LOC
CJPIA MSA 2025 $32.89 $65.77 $132.61 5 25 Sq Ft
CJPIA MSA 2026 $33.88 $67.74 $136.59 5 25 Sq Ft

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 166 of 831

PUBLIC WORKS AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION
AND

PRECISION CONCRETE CUTTING,

A CALIFORNIA CORPORATION
Form Approved January 2025

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 167 of 831 PWA Revised 1/2025
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PUBLIC WORKS AGREEMENT

FOR SIDEWALK REPAIR SERVICES
BETWEEN THE CITY OF INDIO AND Precision Concrete Cutting THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this 20TH day of May, 2026 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation organized as a general law city and Precision Concrete Cutting, a California Corporation, partnership or sole proprietor licensed to do business in California( “Contractor”).

For the purposes of this Agreement City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought, through formal bid process conducted by the California Joint Powers Insurance Authority to contract for the performance of Public Works services pertaining to Sidewalk Trip Hazard Removal, defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Pursuant to Indio Municipal Code 33.116 and 33.118, the City is authorized to procure services through contracts that have been competitively bid and awarded by other agencies or cooperative purchasing organizations.

3. The amount of this contract exceeds that allowed under Chapter 33.124 for informal construction contracts.

4. Pursuant to the Chapter 33.115 and following of the Indio Municipal Code, City has authority to enter into this Agreement pursuant to the approval of the City Council.

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

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

SECTION 1. SCOPE OF WORK.

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Award Agreement to Precision Concrete Cutting for Sidewalk Repair Servic... Page 168 of 831 PWA Revised 1/2025
3 | P a g e
This is a public works contract pursuant to the provisions of the California Public Contract Code and other California statutes. Definitions for the terms used are defined in the General Specifications for the Project; all days set out shall be calendar days unless otherwise provided.

A. Contractor shall perform within the time set forth in this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of sidewalk maintenance for the Sidewalk Trip Hazard Removal (“Project”). This agreement is valid for three (3) full Fiscal Years with two (2) optional one (1) year extensions and has an ultimate value of $500,000
B. By entering into this Agreement, Contractor acknowledges there may be other contractors on the site whose work will be coordinated with that of its own. Contractor expressly warrants and agrees it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the Agency, the Construction Manager].

Contractor also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be direct action against the separate contractor. To the extent allowed by law, the Contractor will have no remedy, and hereby expressly waives any remedy against the Agency, Construction Manager on account of delay, hindrance, interference, or other events caused by a separate contractor.

As used herein, “Construction Manager” shall mean Ricardo Mercado.

SECTION 2. SCHEDULE OF PERFORMANCE.

A. COMMENCEMENT AND PROSECUTION OF WORK. CONTRACTOR shall begin work within TEN (10) working days of the date of the Notice to Proceed and shall diligently prosecute the same to completion before the expiration of (753) WORKING DAYS, after the date of Notice to Proceed. The phrase "commence the work" means to engage in a continuous program on-site including, but not limited to, site clearance, grading, dredging, land filling and the fabrication, erection, or installation of the work. Said Notice to Proceed shall be issued following execution of the Agreement and the filing by Contractor of the required bonds and proof of insurance. The continuous prosecution of work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.

B. TIME OF COMPLETION. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding

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individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire "Project" and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 753 consecutive working days ("Contract Time").

C. Extensions of Time. In the event City deems it necessary, in its sole discretion, to extend the time of completion of work to be done under this Contract beyond the required Completion Date herein specified, such extensions shall in no way release any guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. By executing such bonds, the sureties shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any extension of time shall be limited to the period of excusable delay as defined herein giving rise to the same as determined by City Engineer.

D. Excusable Delays. For the purpose of these Contract Documents, the term "Excusable Delays" shall mean, and is limited to, delays caused directly by acts of God, acts of the public enemy, fires, riots, insurrections, epidemics, quarantine restrictions, strikes, lockouts, sit-downs, acts of a governmental agency, priorities or privileges established for the manufacture, assembly, or allotment of materials necessary in the work by order, decree, or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the work ordered by City insofar as they necessarily require additional time in which to complete the work; the prevention by City of Contractor from commencing or prosecuting the work because of the acts of others, excepting Contractor's subcontractors; or the prevention of Contractor from commencing or prosecuting the work because of a Citywide failure of public utility service.

The term "Excusable Delay" shall specifically not include: (1) any delay which could have been avoided by the exercise of case, prudence, foresight, and diligence on the part of Contractor; (2) any delay in the prosecution of parts of the work, which may in itself be unavoidable but which does not necessarily prevent or delay the prosecution of other parts of the work, nor the completion of the whole work within the time specified; (3) any reasonable delay resulting from time required by City for review of plans and submittals required of Contractor and for the making of surveys, measurements and inspections; and (4) any delay arising from an interruption in the prosecution of the work on account of the reasonable

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interference from other Contractors employed by City, which does not necessarily prevent the completion of the work within the time specified.

Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as determined by the City) but shall not under any circumstances increase the sum City is to pay Contractor as provided in these Contract Documents.

E. Contractor to Serve Notice of Delays. Whenever Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which Contractor regards as an excusable delay, he shall notify the City Engineer in writing of the probability of such delay and its cause, in order that the City Engineer may take immediate steps to prevent if possible the occurrence or continuance of the delay, or if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and completion of the work are delayed thereby. Said notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.

After the completion of any part or whole of the work, the City Engineer, in estimating the amount due Contractor, will assume that any and all delays which may have occurred in its prosecution and completion have been avoidable delays, except such delays as shall have been called to the attention of the City Engineer at the time of their occurrence and found by him to have been excusable. Contractor shall make no claim that any delay not called to the attention of the City Engineer at the time of its occurrence has been an excusable delay.

F. Extension Of Time - Excusable Delay.

Should any delays occur which the City Engineer may consider excusable, as herein defined, Contractor shall, pursuant to his application, be allowed an extension of time beyond the time herein set forth proportional to said delay or delays in which to complete this Contract; and, during an extension which may have been granted because of an excusable delay or delays, City shall not charge liquidated damages against Contractor for such delay.

1. Extension Of Time Does Not Waive City's Rights. The granting of any extension of time on account of delays which in the judgment of the City Engineer are excusable delays shall in no way operate as

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a waiver on the part of City of its rights under this Contract excepting only the extension of the Completion Date.

2. No Payment For Delays. No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the work whether such delays qualify for extension of time under this Agreement or not.

G. City's Right to Take Possession of the Work In Whole or in Part.

The City shall have the right at any time to enter upon the work and perform work not covered by this Contract, or to occupy and use a portion of the work, prior to the date of the final acceptance of the work as a whole, without in any way relieving Contractor of any obligations under this Contract.

Such use or occupation of the work shall not be construed as an acceptance of any portion of the work under this Contract, nor shall it affect the dates and times when payments shall become due nor prejudice City's right, guarantees, or sureties.

SECTION 3. CONTRACT DOCUMENTS AND ADDITIONAL SERVICES.

Each of the items hereinafter referred to are incorporated herein by this reference as if set forth in full herein.

Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles, and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.

The Contract Documents, sometimes also referred to as "the Contract," consist of the following documents as those may be modified or supplemented:
-Notice Inviting Bids -Bid Bond
-Scope of Work Summary -Information Required of Bidder
-Information for Bidders -Contract
-Bid Form -Certificate Regarding Workers’
Compensation
-Non-Collusion Affidavit -Drug-free Workplace Certification -Site Visit Certification -Plans and Specifications
-Faithful Performance Bond -Addenda

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-Labor and Materials Payment Bond -Drawings
-Change Orders -Shop Drawing Transmittals
-General Conditions/Standard Specifications -Special Conditions -Supplementary General Conditions -Proposed/Selected Subcontractors -Project Construction Schedule -Non-Asbestos Containing Materials -Contractor’s Certificate Regarding
which include, the current general prevailing wage rate, the labor surcharge and equipment rental rates and the notice to contractors, the Insurance Requirements, and any other such data and all versions thereof prepared by City pursuant to Contract, and any modifications of any of the foregoing in the form of Addenda or executed Change Order or otherwise effected in accordance with the terms of the Contract.

SECTION 4. INCORPORATION AND CONFLICTING TERMS. The following documents are incorporated and made part of this Agreement by this reference:

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1. Insurance requirements (“Addendum 1”)

2. All bid documents

3. All Exhibits and Addendums

4. All amendments

5. Contractor’s proposal, if any

6. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay
Contractor for any portion of work done under Agreement (“Funding Restrictions”)
(a)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
Contractor’s proposal. Where the requirements of one
Document are more stringent then another the more
stringent shall govern.

SECTION 5. COMPENSATION AND METHOD OF PAYMENT.

A. City agrees to pay, and Contractor agrees to accept, in full payment for the above work, a not-to-exceed amount of one hundred thousand dollars and zero cents. ($100,000.00), each fiscal year, which sum is to be paid according to the schedule and in the manner set forth herein and subject to additions, deductions, and withholding as provided in the Contract Documents. When it is provided in the Notice to Bidders, Instructions to Bidders, or Proposal Form that Contractor is to be paid on the basis of the unit prices shown in his bid, instead of a lump sum price, the Contractor agrees to accept, in full payment for the above work, the sum computed in accordance with the actual amount of each item of work performed or material furnished, at the unit price which Contractor bid for each such item in his Proposal Form, said unit price to be determined as provided in the Standard Specifications and Special Provisions.

1. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid the time frames set out below.

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2. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

3. If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.”
B. Progress and Final Payments.

Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR upon submission of satisfactory invoices to CITY. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article.

C. Retention of Sums Charged Against Contractor. City will withhold 5% of amount owed Contractor from Progress Payments.

D. Substitution of Securities. Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.

Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allow the substitution of securities.

Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from CITY, pursuant to the terms of this section.

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Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent (5%) of CONTRACTOR's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.

E. Payments Do Not Imply Acceptance Of Work. The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made.

F. Payment of Undisputed Contract Amounts. Payment of undisputed contract progress payments or amounts is contingent upon Contractor furnishing the City with a release of all claims against the City arising by virtue of the contract related to those amounts. The City shall pay interest at the legal rate to the Contractor for any progress payment request not paid within thirty (30) days of submission when the validity of the request is not disputed and when the request has been properly submitted. Any payment request determined by City not to be a proper request shall be returned to Contractor as soon as practicable, but not later than seven (7) days after receipt. A request returned pursuant to this paragraph shall be accompanied by a writing setting forth the reasons why the payment request is not proper.

G. Acceptance Not Release. Contractor shall correct immediately any defective or imperfect work which may be discovered before final acceptance of the entire work. Any unsatisfactory materials shall be rejected, notwithstanding that they may have been overlooked by the proper inspector. The inspection of the work, or any part thereof, shall not relieve Contractor of any of his obligations to perform satisfactory work as herein prescribed.

Failure or neglect on the part of the City or any of its authorized agents to condemn or reject bad or inferior work or materials shall not be construed to imply an acceptance of such work or materials if such becomes evident at any time prior to final acceptance of the entire work or all materials, nor shall such failure be construed as barring City at any subsequent time from recovering damages or of such a sum of money as may be required to build

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anew all portions of the work in which fraud was practiced or improper materials used whenever City may discover the same.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Scope of Work unless such additional services are authorized in advance and in writing in accordance with the provisions of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Scope of Work.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City.

City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS.

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

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

1. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Contractor hereby assigns to City all of Contractor’s rights, title, and interest in and to the content of all deliverable materials created by Contractor or its employees, agents, or subcontractors, including

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copyrights, in connection with the Services performed under this Agreement. Contractor shall promptly execute and deliver, and shall cause its employees, agents, and subcontractors to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Contractor and shall survive the termination of Contractor’s Services under this Agreement.

SECTION 8. CONTRACTOR’S BOOKS AND RECORDS.

A. Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services.

Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

B. Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon,

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such documents and records shall be made available at Contractor’s address indicated for receipt of notices, “Section 24,” of this Agreement.

C. Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 9. INDEPENDENT CONTRACTOR.

A. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

B. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

C. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

SECTION 10. STANDARD OF PERFORMANCE AND LICENSURE.

A. GUARANTY:

1. General Warranty: Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be

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of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

2. Repair of Defects: Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

B. CONTRACTOR’S LICENSURE AND REGISTRATION REQUIREMENTS:

1. In accordance with Section 3300 of the Public Contract Code, CONTRACTOR has a Class "C-61/D06" license which shall be maintained in good standing for the duration of CONTRACTOR 's work on the Project. Public works projects, as defined by Labor Code, shall be subject to compliance monitoring, reporting, and enforcement by the Department of Industrial Relations.

2. CONTRACTOR shall not enter into any contract without proof of the CONTRACTOR's current registration to perform public work under

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Labor Code section 1725.5. A contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1(§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work unless the Small Project Exemption is applicable.

3. Pursuant to Section 1771.1(a) of the Labor Code:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure
registration with the DIR that is active and in good standing.

Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Nor may any contractor or subcontractor be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations unless an applicable exemption relieves them of that duty.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in

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

SECTION 11. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

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

SECTION 12. PREVAILING WAGE LAWS.

All workers hired by Contractor, and all workers of subcontractors performing work for Contractor, must receive not less than the prevailing rate of per diem wages for work of a similar character in the locality in which City is located and be subject to the California prevailing wage laws, Labor Code Sec. 1720 et seq. The general rate of per diem wages for each craft, classification or type of worker are on file at the City’s offices. Statutory provisions for penalties for failure to pay prevailing wages and/or the State wage and hour laws will be enforced. Contractor shall comply with State requirements regarding the employment of apprentices. Eight hours’ labor constitutes a legal day’s work.

Contractor must secure payment of Workers Compensation Insurance as required by Labor Code Sections 1860 and 3700.

A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant to

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California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for Riverside County. Wage rates shall conform with those posted at 83-101 Avenue 45, Indio, Ca 92201, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

C. RECORD AUDIT Contractor shall comply with State requirements relating to the retention, maintenance and inspection of certified payroll records. In accordance with Government Code, Section 8546. 7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SECTION 13. NONDISCRIMINATION.

Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

SECTION 14. UNAUTHORIZED ALIENS.

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

SECTION 15. CONFLICTS OF INTEREST.

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A. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

B. City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.

Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

C. City understands and acknowledges that Contractor will, perform nonrelated services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

D. Upon request of the City, Contractor shall complete a Levine Act Statement.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

A. All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor.

Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

B. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.

C. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and

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

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

SECTION 17. INDEMNIFICATION.

A. Indemnity, Defense And Hold Harmless. Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is

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permitted by the law of the State of California and will survive termination of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

B. Payment by CITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of CITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for CITY's defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section shall survive completion of CONTRACTOR's services or the termination of this AGREEMENT.

C. Contractor shall assume risks. Until the completion and final acceptance by City of all work under this Contract, the work shall be under Contractor's responsibility, care, and charge, including any period of time work is suspended for any cause whatsoever. Contractor shall rebuild, repair, restore, and make good all injuries, damages, reerections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the work, except as

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otherwise agreed. However, Contractor shall not be responsible for assuming responsibility for repairing or restoring damage caused by an Act of God as defined by Public Contract Code Sec. 7105 in excess of five (5%) percent of the total contract amount. It is specifically contemplated that the City, its officers, employees, and invitees, will occupy and use portions of the work prior to final acceptance. Such occupancy shall not relieve Contractor of responsibility provided herein nor exonerate any surety or insurer of Contractor save and except for items of routine maintenance and repair.

D. General Liability of Contractor. Except as otherwise herein expressly agreed, Contractor shall do all the work and furnish all the labor, materials, tools, power and light, and appliances, necessary or proper for performing and completing the work herein required in the manner within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be for the purpose of explanation.

E. Claims. This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.

SECTION 18. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor shall provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the

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

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

SECTION 20. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors / subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors / subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT.

A. TERMINATION FOR BREACH OF CONTRACT.

In the event that such notice is given, and, in the event such situation is not corrected, or satisfactory arrangement for correction is not made within ten (10) calendar days from the date of such notice, the Contract shall upon expiration of said ten (10) calendar days cease and terminate. In the event of any such termination, City shall immediately serve notice thereof upon the Surety and Contractor; and the Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of notice of termination, City may take over the work and prosecute the same to completion by Contract, or otherwise, for the account and at the expense of Contractor, and his Surety shall be liable to City for any excess cost occasioned City thereby, as hereinafter set forth.

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In the event City completes the work, or causes the work to be completed, as aforesaid, no payment of any sum shall be made to Contractor until the work is complete. The cost of completing the work, including but not limited to, extra contract costs, the costs of City forces, extra costs of administration and management incurred by City, either direct or indirect, shall be deducted from any sum then due, or which becomes due, to Contractor from City. If no sum sufficient to pay the difference between sums due to Contractor and the cost of completing the work, and there is a sum remaining due to Contractor after City deducts the forementioned costs of completing the work, then City shall thereupon pay such sum to Contractor and his Surety.

No act by City before the work is finally accepted, including but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, claims of liquidated damages, occupation or acceptance of any part of the work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach by Contractor shall be construed to be a waiver, or to estop, City from acting pursuant to this paragraph upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of City pursuant to this paragraph are cumulative and in addition to all other rights of City pursuant to this Agreement and at law or in equity.

If Contractor should abandon the work under this Contract, or if the Contract or any portion of the Contract should be sublet or assigned without the consent of the City Council, or if the City Engineer should be of the opinion that the conditions of the Contract in respect to the rate of progress of the work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor should willfully violate or breach, or fail to execute in good faith, any of the terms or conditions of the Contract, or if Contractor should persistently refuse or fail to supply enough properly skilled labor or materials, or fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances, or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the City Council may give Contractor and his Surety written notification to immediately correct the situation or the Contract shall be terminated.

B. Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set

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forth in Section 4 “Compensation and Method of Payment” of this Agreement.

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

D. Termination for Convenience. City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress.

E. In addition to any other rights it may have, City may terminate this Contract at any time after the Completion Date as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to City for liquidated damages for all periods of time beyond such termination date until the work is completed.

F. Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 22. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended or reduced, if

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circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.

If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 23. CLAYTON AND CARTWRIGHT ACTS.

CONTRACTOR and any and all subcontractors offer and agree to assign to the CITY all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profession Code) arising from purchases of goods, services or materials pursuant to the public works contract or any subcontract.

SECTION 24. COOPERATION BY CITY.

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

SECTION 25. NOTICES.

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

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To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Contractor: Precision Concrete Cutting
Attn: Gary Beneduci
5737 Kanan Road, #718
Agoura Hills, CA 91301
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 26. RECORD AUDIT.

In accordance with Government Code section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit by the California State Auditor for a period of three (3) years after final payment.

SECTION 28. FINAL PAYMENT.

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by Agency to Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Payment has been issued by the Contractor.

SECTION 29. CONTRACTOR’S FAILURE TO PROCURE COMPLETION OF PROJECT.

In the event Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof

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contemplated by this Agreement in a diligent and workmanlike manner, and if the Contractor for a period of three (3) calendar days after receipt of written demand from Agency or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute its work and all parts thereof in a diligent and workmanlike manner, then the Agency may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the Agency to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the Agency, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from Agency, or Contractor shall pay Agency the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the Agency.

SECTION 30. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder. Should signatory of this Agreement be unauthorized to bind Contractor, such signor shall be personally liable for the obligations set forth in this Agreement.

SECTION 31. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 32. BINDING EFFECT.

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

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SECTION 33. AMENDMENT.

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

SECTION 34. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 35. LAW TO GOVERN.

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

SECTION 36. LIQUIDATED DAMAGES.

Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in the baseline Project Schedule submitted by Contractor and approved by the Agency, including any subsequently approved revisions thereto (the “Project Schedule”), it is understood, acknowledged, and agreed Agency will suffer damage. It is therefore agreed that Contractor shall pay to Agency the sum of as per Greenbook for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the “Project Schedule”, or beyond the time indicated in the “Project Schedule” for any individual Project activity.

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Contractor expressly understands, acknowledges, and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule, or Project milestones established in or pursuant to the “Project Schedule”. If the Agency accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, the” Project Schedule” or the accrual of liquidated damages.

In the event the same is not paid, Contractor further agrees that Agency may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the Agency’s ability to seek other damages.

Contractor is to refer to “Project Schedule” for duration of individual activities.

Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the “Project Schedule”, unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.

SECTION 37. SUBSURFACE HAZARDOUS MATERIALS.

A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify Agency in writing of any:

1. Material that Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differ from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Agreement.

B. Upon receipt of said notification, Agency will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the Project, the Agency will issue a change order under the procedures described in the City of Indio Standard General Conditions.

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C. In the event a dispute arises between the Agency and the Contractor whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the Contractor's cost of or time required for performance of any part of the Project, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

SECTION 38. BONDS; SECURITY.

Contractor shall furnish security in a form approved by the City Engineer to guarantee faithful performance of the Contract and to secure payment of claims of laborers, mechanics, materialmen and other persons. Such security may be in the form the form set out in the Notice of Bids or other Contract Specification, which bonds are incorporated into this Agreement.

SECTION 39. CORPORATION IN GOOD STANDING.

If Contractor is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Gary Beneduci whose title is Chief Executive Officer, is authorized to act for and bind the corporation.

SECTION 40. CONTRACTOR’S LICENSE.

Contractor must possess at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing. Contractor shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

SECTION 41. COMPLIANCE WITH STATUTES AND REGULATIONS.

Contractor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.

SECTION 42. PROVISIONS REQUIRED BY LAW.

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Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

SECTION 43. TIME OF ESSENCE.

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

SECTION 44. ENTIRE AGREEMENT.

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

SECTION 45. SEVERABILITY.

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

SECTION 46. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Contractor shall comply with the requirements of Addendum “2” “Federal Funds.” [Signature page to follow]

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

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

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

CITY ATTORNEY
By: ___________________________
Steven Graham Pacifico
City Attorney
CONTRACTOR:

By: ________________________
Gary Beneducci
Chief Executive Officer

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EXHIBIT “A”

SCOPE OF SERVICES
CONTRACTOR will provide the necessary professional services:

Sidewalk Inspection and Trip Hazard Removal
CONTRACTOR will inspect sidewalks of the City of Indio, the location of which will be defined by the City, in order to locate sidewalk deviations of 1/2 inch or greater and repair these trip hazards. CONTRACTOR will provide a written inspection report in the format approved by the City of Indio (optional curbs and gutters can be included in the scope of work). The inspection reports shall include the identification, location, and description of each problem and recommended action to be taken. The format and information required may be changed at the request of the City with the agreement of both parties.

Location
CONTRACTOR will conduct inspection and trip hazard removal services for the City of Indio to be determined by the City.

Sidewalk Inspection Services and Responsibilities

1. The City shall provide maps of specified areas to CONTRACTOR.

2. CONTRACTOR shall inspect public right-of-ways designated on the maps.

3. CONTRACTOR shall use current ADA standards in determining tripping hazards. These hazards shall include, but not be limited to:
a) Differential displacement between sidewalk sections 1/2” inch or above b) Spall surfaces, holes in surfaces, and cracks above 1 inch wide or greater c) Deteriorated joints that have an eroded condition and are 1/2” wide or greater

4. CONTRACTOR shall record location of damaged sections in a GPS device.

5. Data entered into the GPS device shall be provided in writing to the City.

6. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition

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b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.

7. CONTRACTOR shall report to the City of Indio the results of the inspection upon completion.

Sidewalk Trip Hazard Removal Services and Responsibilities

1. CONTRACTOR shall repair sidewalk trip hazards 1/2 inch and above, up to 2 1/2”, in designated work areas as determined by the City.

2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other if applicable, leaving a zero point of differential between slabs.

3. CONTRACTOR shall not cause any damage to landscaping, trees, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and/or CONTRACTOR’s equipment does cause damage to above, the City of Indio must be notified immediately and damages must be repaired at the CONTRACTOR’s expense within 24 hours of the time the damage occurred.

5. CONTRACTOR shall repair each sidewalk trip hazard without damage to adjacent slab(s) or curb(s).

6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact.

7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes:
a. The specific hazard height – both high side and low side measurement – in 8ths of an inch

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b. The actual length of the repair to the nearest ½ foot. c. The total width of actual repair to the nearest ½ foot. d. The square feet of the effective panel from joint to nearest joint or score line. e. The calculated unit for measurement shall be the square foot of the effected panel. f. The physical location (address) of each repair
g. Pictures of each repair as requested.
h. Itemized cost of each repaired trip hazard

8. CONTRACTOR shall submit a detailed invoice setting forth the services performed in accordance with the formula for saw cutting calculations. All invoices must show the cut depth, size, length, width, square feet, address, the number of locations, and the date repaired for each hazard removal.

The billing unit for invoice calculation shall be the number of locations where one (1) location is up to 5 lineal feet.

10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co-efficient of friction of at least 0.6.

11. Method of trip hazard removal shall entail precise saw cutting performed with handheld electric powered equipment, using a machined hub and flush mounted diamond tipped blades. Must be capable of cutting at any angle and perform trip hazard removal in hard-to-reach areas, around obstacles, on narrow walkways, next to fences and retaining walls or buildings.

12. Grinding or pulverization of the concrete is NOT acceptable or allowed, causing micro-cracks or weakening the concrete panel. CONTRACTOR’s trip hazard repairs shall not leave ridges or grooves that could hold water and prevent drainage of rainwater or irrigation.

13. CONTRACTOR shall make its best effort to schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times.

Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.

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14. CONTRACTOR shall take precautions during saw cutting operations not to disfigure, scar, or impair the health of any tree on public or private property.

15. CONTRACTOR shall inspect and report only those sidewalk conditions and trip hazards as specified in the performance in this AGREEMENT, and therefore makes no representation that other trip hazards outside the scope of work have been identified. CONTRACTOR shall not be responsible for conditions outside the control of CONTRACTOR that have changed after completion of the inspections due to tree roots, water, settling, and other causes, and shall not be liable for any claims, losses, or damages arising from known or unknown trip hazards. Additionally, CONTRACTOR shall carry out authorized remediation and repair work as specified in the performance of this AGREEMENT, and based on locations either identified through their inspection process or identified separately from the CONTRACTOR’S inspection process. CONTRACTOR shall be responsible for removal of all trip hazards that have been identified and authorized through the performance of this AGREEMENT. CONTRACTOR shall not be responsible for trip hazards that arise after completion of the remediation and repair work as specified in the performance of this AGREEMENT due to conditions outside the control of CONTRACTOR, such as tree roots, water, settling, and other causes.

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Exhibit A – Scope of Services
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EXHIBIT “B”

COMPENSATION
The total compensation shall not exceed $100,000 for a three-year term with two one-year extension options.

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ATTACHMENT C - INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to Agency.

Without limiting Contractor’s indemnification of Agency and/or the Indemnified Parties and prior to commencement of the Project, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.
[Note: Consideration should be given to appropriateness of limits required based on the size of project and risks associated with the constructionrelated activities.] General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG0001, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. 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. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work 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.

Umbrella or excess liability insurance. [If required to meet higher limits].

Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

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• 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, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.

Contractor’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.

Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Builder’s risk (course of construction). Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder’s risk (course of construction) coverage for the entire duration of the Project until only the Agency has an insurable interest. The builder’s risk coverage shall include the following:

The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as

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additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area.

Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

Installation floater. If required by the Agency or not covered by builders’ risk (course of construction) coverage, Contractor shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by Contractor. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must include property of others in the Contractor’s care, custody, or control. In addition to Contractor, the Agency and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.

Other provisions or requirements.

Proof of insurance. Contractor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period

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and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time and Contractor agrees to provide the same.

Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, subcontractors or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. Agency and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Agency 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 Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Agency, its officials, officers, agents, and employees, shall be included as additional insureds under the products and completed operations coverage.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Contractor or Agency will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition

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of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

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

Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the Agency immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any

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limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the Project by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Contractor under this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency in writing, Contractor may still be able to utilize the subcontractor provided Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this Agreement. This provision does not relieve the Contractor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this Agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.

Agency’s right to revise requirements. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency and Contractor may renegotiate Contractor’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

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Timely notice of claims. Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project.

1. MINIMUM LIMITS OF INSURANCE.

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ADDENDUM “1"

FEDERAL FUNDS

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LABOR AND MATERIALS BOND
Whereas, the City Council of the City of Indio, State of California, and Precision Concrete Cutting (hereinafter designated as “the Principal”) have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, which agreement, dated May 20, 2026, is hereby referred to and made a part hereof; and
Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Indio (“City”) to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

Now, therefore, the Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of three hundred thousand dollars ($300,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by county (or city) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on May 20, 2026.
_____________________ ___________________________
Principal Surety

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PERFORMANCE BOND
Whereas, the City Council of the City of Indio, State of California, and Precision Concrete Cutting (hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated May 20, 2026 and identified as Annual Hydraulic Pump and Meter Accuracy Testing is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of such agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the Principal and ______________________, as surety, are held and firmly bound unto the City of Inio hereinafter called (“City”), in the penal sum of ________________________________________dollars
($__________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on ________________ 2025.
__________________ ___________________
Principal Surety

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City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Purchase of Rugged Laptop Computers and Related Equipment from CDWG in the amount of $453,459.29
RECOMMENDATION:

Staff recommends that the City Council approve the City's purchase of eighty (80) Panasonic FZ-56 rugged mobile PCs and related equipment from CDWG in an amount not to exceed $453,459.29.

BACKGROUND INFORMATION:

Staff is requesting authorization to purchase eighty(80) Panasonic FZ-56 rugged mobile PCs, seventy (70) mobile routers, Havis vehicle docks, parsec antennae, and related support, at a total cost of $453,459.29.

The purchase of this equipment will modernize the Indio Police Department's in-vehicle computer systems to allow for better response to incidents, better connectivity throughout the City of Indio, and help the Indio Police Department systems to stay better protected and in compliance with applicable regulations.

The City of Indio I.T. Department works to maintain a five (5) year refresh cycle for PCs. The current rugged mobile PCs deployed to Indio Police Department have aged beyond this cycle and present challenges to officers working in the field to protect and serve the citizens of Indio.

The City of Indio received quotes from CDWG, IT1 Source, and CDCE Incorporated with CDWG coming in as the low bid.

Vendor Price
CDWG $453,459.29
IT1 Source $461,473.44
CDCE $457,030.12
FINANCIAL SUMMARY:

Current FY Financial
Impact:

In current year budget: Yes
Current FY General Budget adjustment: No
AGENDA ITEM #10.12
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Next FY Financial
Impact:

Strategic Objective:

Source of funds: Information Technology - ISF Fund-Org-Object Reference:
602-555011
APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 11 May 2026 Ruby D. Walla, Director of Finance Approved - 12 May 2026 Steven Graham Pacifico, City Attorney Pending
Milja Miric Pending

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City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Approval of a Three-Year Subscription for Patch Management Software in the Amount of $131,994 Utilizing the OMNIA Partners Cooperative Purchasing Agreement through SHI International Corp.

RECOMMENDATION:

The City Council approve the purchase of a three-year subscription for an enterprise patch management software solution through SHI International Corp. (SHI), utilizing the OMNIA Partners cooperative purchasing agreement in the amount of $131,994 BACKGROUND INFORMATION:

Maintaining secure and up-to-date information systems is a critical component of the City’s cybersecurity program. Software vendors routinely release updates, or “patches,” to address security vulnerabilities, improve system performance, and ensure compatibility with evolving technologies.

The City has utilized an enterprise patch management solution for the past several years to centrally manage and deploy these updates across its network environment. This system has become an integral part of the City’s cybersecurity and IT operations, enabling timely remediation of vulnerabilities and supporting compliance with industry best practices. Additionally, the City’s recently acquired vulnerability management platform integrates with the patch management software, further strengthening the City’s ability to identify, prioritize, and remediate security vulnerabilities.

The proposed purchase will be made through Omnia Partners, a national cooperative purchasing program that provides competitively solicited contracts for public agencies. Use of the Omnia Partners cooperative purchasing agreement allows the City to obtain favorable pricing and contract terms while streamlining the procurement process in accordance with cooperative purchasing best practices.

By entering into a three-year agreement, the City will save approximately $10,000 compared to single-year pricing and avoid the annual 3% to 5% increases that are generally associated with software subscription renewals. This multi-year agreement provides cost stability while ensuring continued access to a critical cybersecurity tool used to protect the City’s technology environment.

FINANCIAL SUMMARY:

AGENDA ITEM #10.13
Approval of a Three-Year Subscription for Patch Management Software in t... Page 218 of 831 Current FY Financial
Impact:
$43,998 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$43,998 Strategic Objective: Organizational
Excellence
Source of funds: Information Technology - ISF Fund-Org-Object Reference:
602-521064
APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 11 May 2026 Ruby D. Walla, Director of Finance Approved - 12 May 2026 Steven Graham Pacifico, City Attorney Pending
Milja Miric Pending

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City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Ratify change orders with Matrix Audio Visual, in the amount of $101,200.23 related to the audio visual equipment and related services for the new City Hall from available PEG Funds.

RECOMMENDATION:

Ratify change orders with Matrix Audio Visual, in the amount of $101,200.23 related to the audio visual equipment and services for the new City Hall.

SUMMARY:

On the November 6th, 2024, the City Council Meeting approved an agreement between the City of Indio and Matrix Audio Visual Designs, Inc. for the purchase and installation of audio visual equipment for the new City Hall, including conference rooms and council chambers. The City Council is requested to ratify the change orders used to cover the costs of the additional equipment and installation.

BACKGROUND INFORMATION:

The audio-visual equipment installation began in December 2024 following completion of the City’s request for proposals process and award of the project to the selected vendor. As installation progressed, staff worked closely with the vendor to evaluate the system’s performance, functionality, and operational needs within the new City Hall. During this process, staff identified several areas where modifications would improve the usability, reliability, and overall effectiveness of the audiovisual technology.

Although the project scope had been established through the original RFP, certain needs became more apparent during implementation as equipment was installed, tested, and integrated into the new facility. Based on staff’s operational requirements and the vendor’s recommendations, several change orders were identified to better align the system with the City’s needs. These changes are intended to improve meeting operations, support City Council meetings, public outreach, and other City Hall activities, and ensure the audio-visual system functions effectively and reliably for longterm use.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$101,200.23 In current year budget: Yes
Current FY General $0 Budget adjustment: No
AGENDA ITEM #10.14
Ratify change orders with Matrix Audio Visual, in the amount of $101,200... Page 220 of 831 Fund Impact:

Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: Public Education & Government
Funds
Fund-Org-Object
Reference:
206-553005
ATTACHMENTS:

CO_Summary
APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 12 May 2026 Ruby D. Walla, Director of Finance Approved - 12 May 2026 Steven Graham Pacifico, City Attorney Pending
Milja Miric Pending

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Ratify change orders with Matrix Audio Visual, in the amount of $101,200... Page 221 of 831 Change Order # Reason Cost
CO-003 Conference Processor $1,091.12
CO-004 Additional Speakers CC $2,275.95
CO-005 Microphone Change ($1,510.81)
CO-006 Digital Nameplate $14,778.91
CO-008 Chamber Lobby Display ($11,961.60)
CO-010 HDMI to USB Converter for CRs $2,404.07
CO-011 Request to Speak and Timer $5,441.51
CO-012 Press Feed $613.38
CO-013 Additional Network A/V Switches $15,005.91
CO-014 Voting Module $19,942.77
CO-015 SDI Router $6,854.97
CO-016 Remove Break Out Room ($11,236.87)
CO-019 Replace Disc. Part $304.68
CO-020 Replace CR Microphones $6,567.17
CO-021 Replace Disc. Part $644.97
CO-022 Additional Outdoor Speakers $706.27
CO-023 Additional Encoders $3,373.65
CO-024 Display Changes ($11,650.79)
CO-025 Hallway Display Changes $38,159.98
CO-026 Lobby Display ($15,721.70)
CO-027 Broadcast System Update $7,718.25
CO-028 CR Speakers Change $1,072.40
CO-032 Speaker Changes $1,665.43
CO-033 Replace Speakers $702.55
CO-038 Dias and Clerk Screens $29,588.82
CO-039 Council Chamber Displays $12,375.40
CO-040 Rerouting Staff Cables $16,850.44
CO-041 Patio Display $4,177.34
CO-042 Camera Moves $10,832.93
CO-043 Install Display $693.50
CO-047 Display Move $6,397.75
CO-048 Lectern Display $5,638.48
CO-050 CR Schedule Displays $3,665.81
CO-052 Signage Pro $3,712.25
CO-054 Confidence Monitor $6,804.09
CO-056 New Display $2,848.32
Change Order Summary

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Ratify change orders with Matrix Audio Visual, in the amount of $101,200... Page 222 of 831 City of Indio
City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Approval of a 3rd Amendment to the Golf Course Management Agreement with Landmark Golf Limited Partnership for golf course management and related services at The Lights at Indio Golf Course through June 30, 2028.

RECOMMENDATION:

Staff recommends that the City Council approve the 3rd Amendment to the Golf Course Management Agreement with Landmark Golf Limited Partnership for golf course management and related services at The Lights at Indio Golf Course, extending the agreement through June 30, 2028, and authorize the City Manager to execute all necessary documents.

SUMMARY:

The current agreement is set to expire on June 30, 2026. The proposed 3rd Amendment would extend the term of the agreement through June 30, 2028. This extension will allow Landmark Golf to continue managing the day-to-day operations of The Lights while the City evaluates the golf course’s revenue and expense performance following the opening of the new clubhouse. With the new clubhouse nearing completion and expected to significantly enhance the overall golf course experience, the City would benefit from additional time to assess operations, food and beverage activity, revenue trends, expenses, and overall performance before negotiating a new long-term golf course management agreement.

BACKGROUND INFORMATION:

In 2013, the City issued a request for qualifications for golf course management services seeking an operator for the City’s municipal golf course.

On June 18, 2014, the City entered into the first golf course management agreement with Landmark Golf.

On September 18, 2019, the City entered into the second golf course management agreement with Landmark Golf for management of The Lights at Indio Golf Course. This agreement expired on June 30, 2024.

On August 21, 2024, the City entered into the First Amendment to the second golf course management agreement with Landmark Golf, extending the term of the agreement to December 31, 2025.

AGENDA ITEM #10.15
Approval of a 3rd Amendment to the Golf Course Management Agreement with... Page 223 of 831 On February 4, 2026, the City entered into the Second Amendment to the golf course management agreement with Landmark Golf, extending the term of the agreement to June 30, 2026.

The proposed 3rd Amendment would further extend the term of the agreement from June 30, 2026 to June 30, 2028.

Landmark Golf’s services include all aspects of golf course operations, including management of the day-to-day golf operations, the course, pro shop, food and beverage operations, marketing, promotional activities, on-site staffing, and management of the postal center.

The City just completed the new clubhouse project at The Lights. Once open, the new clubhouse is expected to improve the customer experience, support expanded food and beverage opportunities, and enhance the long-term operations of the golf course. Extending the current agreement through June 30, 2028 will allow the City to evaluate the golf course’s performance over a longer period after the clubhouse becomes operational before considering a new long-term management agreement.

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:
170,000 Strategic Objective: Community Well-being
Source of funds: Golf Fund-Org-Object
Reference:
520-521036
ATTACHMENTS:

Attachment 1 - Third Amendment to Golf Course Agreement APPROVAL(S):

Ruby D. Walla, Director of Finance Approved - 12 May 2026 Steven Graham Pacifico, City Attorney Approved - 14 May 2026 Bryan H. Montgomery, City Manager Approved - 14 May 2026

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Approval of a 3rd Amendment to the Golf Course Management Agreement with... Page 224 of 831 1 THIRD AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT

ENTERED INTO WITH LANDMARK GOLF LIMITED PARTNERSHIP AND THE

CITY OF INDIO
This Third Amendment to the Golf Course Management Agreement is made and entered into as of this __ day of __, 2026, by and between the City of Indio (“City”), a California municipal corporation and Landmark Golf Limited Partnership, an Arizona limited partnership (“Manager”). City and Manager are referred to collectively as “Parties.”

RECITALS
A. City and Manager entered into that certain Golf Course Management Agreement dated September 11, 2019 (“Underlying Agreement”) for the operation and management of Indio Municipal Golf Course.

B. On August 21, 2024, the Parties entered into a First Amendment to the Underlying Agreement, which extended the term of the Agreement to December 31, 2025.

C. On February 4, 2026, the Parties entered into a Second Amendment to the Underlying Agreement, which extended the term of the Agreement to June 30, 2026.

D. Due to the City’s desire to gather accurate revenue and expense data for the 2026/2027 fiscal year budgeting process, the Parties now desire to further amend the Agreement to extend the term as set forth in this Third Amendment. Such amendment is for the benefit of the public health, safety, and welfare of City residents.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Underlying Agreement as follows:

1. AMENDMENTS
A. Section 2.1, “Term of Agreement” (as previous amended by the First and Second Amendments) is hereby further amended to extend the Term of the Agreement from June 30, 2026 to June 30, 2028.

B. For the duration of this extension, the City shall continue to pay the Manager for its services in accordance with the Fixed Management Fee and Percentage Management Fee structures established in the Underlying Agreement, First Amendment, and Second Amendment.

2. REMAINDER UNCHANGED. Except as specifically modified and amended in this Third Amendment, all other terms and conditions of the Underlying Agreement, the First Amendment, and the Second Amendment remain in full force and effect and binding upon the Parties.

3. INTEGRATION. This Third Amendment consists of the entire understanding and agreement of the Parties regarding this extension and supersedes all prior negotiations or previous

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Approval of a 3rd Amendment to the Golf Course Management Agreement with... Page 225 of 831 2 agreements, including written or verbal communications between the Parties with respect to this specific transaction.

4. SEVERABILITY. If any portion of this Third Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

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

7. REFERENCES. All references to the Underlying Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Underlying Agreement, unless expressly stated to the contrary in this Third Amendment.
[SIGNATURE PAGE TO FOLLOW]

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Approval of a 3rd Amendment to the Golf Course Management Agreement with... Page 226 of 831 3 THIRD AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT

ENTERED INTO WITH LANDMARK GOLF LIMITED PARTNERSHIP AND THE

CITY OF INDIO SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment to the Underlying Agreement on the date and year first written above.

CITY OF INDIO MANAGER
Landmark Golf Limited Partnership
_____________________________ _____________________________ Bryan H. Montgomery, City Manager Joe Gill, President and CEO ATTEST:

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

CITY ATTORNEY
By: ___________________________
Steven Graham Pacifico
City Attorney

Page 5 of 5 ends

Approval of a 3rd Amendment to the Golf Course Management Agreement with... Page 227 of 831 City of Indio
City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Authorization of transfer of $736,225 from the Indio Water Enterprise Fund to the General Fund for a 7.68 acre parcel identified as APN 606-130-065, located on Avenue 43 east of Burr Street in Indio.

RECOMMENDATION:

It is respectfully recommended that the City Council: (1) Authorize the use of Water Enterprise Fund monies in an amount not to exceed $736,225, or such other amount as may be confirmed by the Finance Director and City Attorney as the fair market value and allocable acquisition cost of the portion of APN 606-130-065 to be used for water utility purposes, to reimburse the General Fund for the acquisition of the water-facility property interest; and (2) Authorize the Finance Director to process the necessary budget adjustment and accounting entries to reimburse the General Fund from the Water Enterprise Fund, provided that the reimbursement is recorded as a capital acquisition cost of the Indio Water Authority and not as a discretionary General Fund transfer.

SUMMARY:

On February 4, 2026, the City Council approved the purchase of property from Indio Northgate, LLC, located on Avenue 43 east of Burr Street and identified as APN 606-130-065. The total purchase amount was $736,225. As part of the overall transaction, a portion of the property was made available for electrical substation purposes, and the remaining portion is planned for future Indio Water Authority facilities, including a well/booster facility and reservoir/tank. The purpose of this item is to authorize the Water Enterprise Fund to reimburse the General Fund for the portion of the acquisition that is properly allocable to the water utility’s use of the property. The appraised value of the remnant property intended for Indio Water Authority use is approximately $735,000.

Because the Water Enterprise Fund may only be used for water utility purposes and costs reasonably related to providing water service, the recommended action is limited to reimbursement for the water utility property interest and related water-system acquisition costs.

BACKGROUND INFORMATION:

The City acquired the property from Indio Northgate, LLC in connection with ongoing infrastructure planning in the Avenue 43 / Burr Street area. The property is strategically located for public infrastructure needs. The attached conceptual site plan shows the proposed layout, including a future Indio Water Authority reservoir/tank and booster area, a proposed electrical substation site, and related access and storage areas.

The Indio Water Authority has identified the remnant property as a suitable location for future water infrastructure. The planned use includes a well/booster facility, reservoir/tank, access, storage, and AGENDA ITEM #10.16
Authorization of transfer of $736,225 from the Indio Water Enterprise Fu... Page 228 of 831 related improvements needed to support the City’s water system. Acquiring and preserving the site now will allow the Indio Water Authority to plan for long-term system reliability, redundancy, storage, pressure, and operational needs.

The prior acquisition was initially funded by the General Fund. Because the property will be used for water utility facilities, staff recommends that the Water Enterprise Fund reimburse the General Fund for the fair value and allocable acquisition cost of the water-facility portion of the property. The reimbursement should be documented in the City’s accounting records as a capital acquisition by the Water Enterprise Fund.

Water Enterprise Fund revenues are restricted funds. They may be used for costs of providing water service, including operations, maintenance, administration, reserves, capital facilities, land acquisition, and related expenses reasonably necessary to provide water service. They should not be used to subsidize general governmental functions or unrelated improvements. Here, the recommended reimbursement is legally supportable because it is tied to acquisition of a real property interest needed for future water utility facilities. The Water Enterprise Fund is paying for a water utility capital asset at fair market value.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$736,225 In current year budget: Yes
Current FY General
Fund Impact:

Budget adjustment: No
Next FY Financial
Impact:

Strategic Objective: Public Infrastructure
Source of funds: Water Enterprise Fund Fund-Org-Object
Reference:

ALTERNATIVES:

Not approve the transfer of Enterprise Funds
ATTACHMENTS:

Northgate Property - Water
APPROVAL(S):

Ruby D. Walla, Director of Finance Approved - 14 May 2026 Steven Graham Pacifico, City Attorney Approved - 14 May 2026 Bryan H. Montgomery, City Manager Approved - 15 May 2026

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Authorization of transfer of $736,225 from the Indio Water Enterprise Fu... Page 229 of 831

Page 3 of 3 ends

Authorization of transfer of $736,225 from the Indio Water Enterprise Fu... Page 230 of 831 City of Indio
City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Introduction of Ordinance No. 1833 - Amendment to Indio Municipal Code, Title 5 (Public Works), Chapter 54 (Water), Division 4 (Water Conservation) to Implement State Water Conservation Requirements and Establish a CrossConnection Control Program RECOMMENDATION:

Staff recommend that the City Council introduce for first reading by title only Ordinance No. 1833, amending the Indio Municipal Code to: 1. Implement the potable water irrigation restrictions for nonfunctional turf required under California Assembly Bill 1572; 2. Replace the Water Superintendent title wtih the City Manager or its designee; and 3. Establish and codify a Cross-Connection Control Program consistent with regulations adopted by the California State Water Resources Control Board.

SUMMARY:

The proposed ordinance updates Chapter 54 (Water) of the Indio Municipal Code to ensure compliance with two State regulatory requirements affecting public water systems. First, the ordinance incorporates provisions required by Assembly Bill 1572, which prohibits the use of potable water to irrigate non-functional turf on certain properties. The ordinance integrates this prohibition into the City’s existing water conservation regulations to allow enforcement under current water waste provisions. Second, the ordinance updates the Municipal Code to establish a CrossConnection Control Program (CCCP) in accordance with regulations adopted by the California State Water Resources Control Board, which became effective July 1, 2025. These regulations require public water systems to conduct hazard assessments, require backflow prevention assemblies where necessary, maintain testing records, and administer a formal cross-connection control program. Adoption of this ordinance ensures that the City of Indio remains compliant with State law, strengthens protections for the public drinking water system, and promotes responsible water use.

BACKGROUND INFORMATION:

The City of Indio public water system is subject to numerous State regulations governing drinking water protection and water conservation.

Assembly Bill 1572 requires urban water suppliers to prohibit the use of potable water to irrigate non-functional turf, defined as ornamental turf not used for civic, recreational, ecological, or other functional purposes.

AGENDA ITEM #11.1
Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 231 of 831 This prohibition applies primarily to commercial, industrial, and institutional landscapes and is intended to reduce unnecessary potable water use. Residential landscapes and functional turf areas such as parks, athletic fields, and school grounds remain exempt under State law.

The proposed ordinance integrates this prohibition into Section 54.064.1 of the Municipal Code, which regulates ongoing landscape irrigation and water conservation practices for existing properties. Incorporating the requirement into this section ensures that the prohibition can be enforced using the City’s existing water conservation authority.

The California State Water Resources Control Board adopted new Cross-Connection Control Program regulations requiring public water systems to establish and implement comprehensive programs to prevent contamination of drinking water systems caused by backflow through crossconnections.

These regulations require water suppliers to:
• Conduct hazard assessments of service connections
• Require installation of backflow prevention assemblies where hazards exist • Ensure annual testing and maintenance of backflow prevention devices • Maintain program records and documentation
• Provide public education regarding cross-connection prevention While the City of Indio currently administers a backflow prevention program, updates to Chapter 54, Subchapter 10 of the Municipal Code are necessary to align local regulations with the new State requirements and formally codify the program structure and enforcement authority.

Updates to the Water Superintendent title to the City Manager or its designee add further clarification for coordination and approvals with local, state and federal regulatory agencies.

FINANCIAL SUMMARY:

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

N/A
Additional Financial Details:

There is no direct fiscal impact associated with the adoption of this ordinance. Implementation of the cross-connection control program and water conservation provisions will continue to be administered through existing City of Indio water programs and resources.

ALTERNATIVES:

Take no action. Failure to adopt the ordinance would leave the Municipal Code inconsistent with State requirements related to potable water conservation and cross-connection control. This could expose the City of Indio to regulatory compliance risks and limit its ability to enforce necessary protections for the public water system.

Page 2 of 16 ends

Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 232 of 831 ATTACHMENTS:

Attachment 1 - CONSOLIDATED ORDINANCE FINAL (AB1572 GM CCCP)_5-6-2026 APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 11 May 2026 Ruby D. Walla, Director of Finance Approved - 12 May 2026 Steven Graham Pacifico, City Attorney Approved - 14 May 2026 Bryan H. Montgomery, City Manager Approved - 14 May 2026

Page 3 of 16 ends

Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 233 of 831 ORDINANCE NO. 1833

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF INDIO, CALIFORNIA, AMENDING CHAPTER 54 OF

TITLE V OF THE INDIO MUNICIPAL CODE TO

IMPLEMENT STATE REQUIREMENTS FOR
NONFUNCTIONAL TURF IRRIGATION AND CROSSCONNECTION CONTROL WHEREAS, the City of Indio operates the Indio Water Authority and provides potable water service within the City’s water service area; and
WHEREAS, the City Council has adopted water conservation regulations in Chapter 54 of Title V of the Indio Municipal Code to conserve potable water supplies, prevent water waste, and protect the public health, safety, and welfare; and
WHEREAS, California Water Code section 375 authorizes public entities that supply water to adopt and enforce water conservation programs to reduce water use for the purpose of conserving water supplies; and
WHEREAS, Assembly Bill 1572, codified in part at California Water Code sections 10608.12 and 10608.14, prohibits the use of potable water to irrigate nonfunctional turf on certain commercial, industrial, institutional, public agency, homeowners’ association, common interest development, and similar properties on phased compliance dates established by state law; and WHEREAS, California Water Code section 10608.14 requires public water systems, by no later than January 1, 2027, to revise their regulations, ordinances, or policies governing water service to include the statutory nonfunctional turf irrigation requirements and to communicate those requirements to customers; and
WHEREAS, the State Water Resources Control Board has adopted the Cross-Connection Control Policy Handbook pursuant to the California Safe Drinking Water Act to establish enforceable requirements for public water systems to protect drinking water distribution systems from cross-connections and backflow; and
WHEREAS, Chapter 54, Subchapter 10 of the Indio Municipal Code currently contains crossconnection and backflow prevention requirements that should be updated to reflect current state requirements, terminology, program administration, hazard assessment obligations, backflow prevention assembly standards, testing, maintenance, recordkeeping, access, enforcement, and service discontinuance procedures; and
WHEREAS, this Ordinance is necessary to protect the City’s potable water system from actual and potential contamination, conserve potable water supplies, prevent water waste, and ensure consistency with applicable state law.

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 234 of 831

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

SECTION 1. Recitals.

The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as findings of the City Council. The recitals are not intended to be codified.

SECTION 2. Global Terminology Amendment to Chapter 54.

Chapter 54 of Title V of the Indio Municipal Code is hereby amended to replace each reference to “Water Superintendent” with “City Manager or designee,” and each such reference shall be construed to include the City Manager, the Director of Water Utility and any other officer, employee, agent, contractor, or representative designated by the City Manager or Director of Water Utility to administer or enforce Chapter 54.

SECTION 3. Amendment to Section 54.064.1, Landscape and Water Conservation.

Section 54.064.1 of Chapter 54 of Title V of the Indio Municipal Code is hereby amended to add a new subsection (H) to read as follows:
(H) Prohibition on potable water irrigation of nonfunctional turf. (1) Purpose. This subsection implements California Water Code sections 10608.12 and 10608.14, as may be amended, and any implementing regulations, orders, forms, or guidance issued by the State Water Resources Control Board.
(2) Definitions. For purposes of this subsection, the following definitions shall apply:
(a) “Commercial property,” “industrial property,” “institutional property,” “homeowners’ association,” “common interest development,” “community service organization or similar entity,” “disadvantaged community,” “functional turf,” “nonfunctional turf,” “potable water,” and “public water system” shall have the meanings set forth in California Water Code sections 10608.12 and 10608.14, as may be amended. (b) “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf. (c) “Nonfunctional turf” means turf that is not functional turf, and includes turf located within street rights-of-way and parking lots.
(d) “Turf” means a ground cover surface of mowed grass, unless a different definition is established by applicable state law.

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 235 of 831 (3) Prohibition. No person shall use or permit the use of potable water to irrigate nonfunctional turf on properties subject to California Water Code section 10608.14, except to the extent expressly allowed by state law.
(4) Compliance dates. The prohibition in subsection (H)(3) shall apply on and after the following dates, or such later date as may be authorized by the State Water Resources Control Board pursuant to state law:
(a) January 1, 2027, for all properties owned by local governments, local or regional public agencies, and public water systems, except as provided in subsection (H)(4)(e);
(b) January 1, 2028, for all other institutional properties and all commercial and industrial properties, other than cemeteries;
(c) January 1, 2029, for all common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities; and
(d) January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf to climate-appropriate landscapes, whichever is later, for properties owned by local governments, local public agencies, and public water systems in a disadvantaged community.
(5) Exceptions. The prohibition in this subsection shall not apply:
(a) To the use of non-potable water, including recycled or reclaimed water, where lawfully available and used in accordance with applicable requirements; (b) To the extent necessary to ensure the health of trees and other perennial nonturf plantings; (c) To the extent necessary to address an immediate health and safety need; (d) To cemeteries, to the extent exempted by California Water Code section 10608.14; or
(e) To any use expressly exempted or deferred by the State Water Resources Control Board or other applicable state law.
(6) Customer communication and implementation. The City Manager or designee shall communicate the requirements of this subsection to water customers on or before January 1, 2027, and may prepare forms, notices, guidance, procedures, or administrative rules to implement this subsection.

Page 6 of 16 ends

Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 236 of 831 (7) Certification and documentation. Any person subject to state certification, reporting, or compliance documentation requirements under California Water Code section 10608.14 or implementing state regulations shall timely submit required certifications to the State Water Resources Control Board and, upon request, provide copies or evidence of compliance to the City Manager or designee.
(8) Enforcement. A violation of this subsection may be enforced pursuant to this chapter, Chapter 12 of this code, any applicable water service rules or regulations, and any other remedy available at law or in equity. Each day that a violation exists or continues may be treated as a separate violation.
(9) No limitation on more restrictive measures. Nothing in this subsection limits the City’s authority to impose more restrictive water conservation measures during a declared water shortage, water shortage emergency, or other lawful conservation program.

SECTION 4. Amendment to Chapter 54, Subchapter 10, Cross-Connection and Backflow Prevention.

Chapter 54, Subchapter 10, Sections 54.175 through 54.181 of Title V of the Indio Municipal Code are hereby amended in their entirety to read as follows:

Subchapter 10. Cross-Connection Control and Backflow Prevention § 54.175 Purpose; authority; applicability.
(A) The purpose of this subchapter is to protect the public potable water supply and the City’s public water system from actual or potential contamination or pollution caused by crossconnections, backflow, or other hazards. (B) This subchapter is adopted pursuant to the City’s police powers, the California Safe Drinking Water Act, the Cross-Connection Control Policy Handbook adopted by the State Water Resources Control Board, California Water Code sections 375 et seq., and all other applicable laws and regulations.
(C) This subchapter applies to all water users, customers, premises, service connections, facilities, and water uses served by, connected to, or capable of being served by the public water system.
(D) The City Manager or designee is authorized to administer and enforce this subchapter and to implement the City’s Cross-Connection Control Program and Cross-Connection Control Plan.

The City Manager or designee may adopt administrative procedures, standards, forms, notices, specifications, and guidelines consistent with this subchapter and applicable state law. (E) The requirements of this subchapter are conditions of receiving and continuing to receive water service from the City.

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 237 of 831 § 54.176 Definitions.

For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates otherwise. Terms not defined in this section shall have the meanings set forth in the Cross-Connection Control Policy Handbook, the California Safe Drinking Water Act, Title 22 of the California Code of Regulations, the California Plumbing Code, or other applicable law. “Air gap” or “AG” means a physical vertical separation between the free-flowing discharge end of a potable water supply pipeline and the flood level of an open or nonpressurized receiving vessel, meeting the requirements of the Cross-Connection Control Policy Handbook and applicable plumbing standards.
“Approved” means accepted by the City Manager or designee as meeting applicable City standards, State Water Resources Control Board requirements, the Cross-Connection Control Policy Handbook, and any other applicable law or standard. “Approved backflow prevention assembly” or “approved BPA” means a backflow prevention assembly that is approved for its intended use by the City Manager or designee and that meets applicable standards required by the Cross-Connection Control Policy Handbook. “Auxiliary water supply” means a source of water, other than an approved water supply, that is used, equipped, or capable of being used as a water supply and is located on or available to a user premises, including but not limited to private wells, recycled water, canal water, ponds, surface water, rainwater systems, graywater systems, or other nonpotable sources. “Backflow” means an undesired or unintended reversal of flow of water, liquids, gases, or other substances into the public water system distribution system or approved water supply. “Backflow incident” means an occurrence or suspected occurrence of backflow into the public water system or an approved water supply.
“Backflow prevention assembly” or “BPA” means a mechanical assembly designed and constructed to prevent backflow, including but not limited to a reduced pressure principle backflow prevention assembly, reduced pressure principle detector assembly, double check valve assembly, double check detector assembly, pressure vacuum breaker, spill-resistant pressure vacuum breaker, air gap, or other assembly approved by the City Manager or designee and permitted by applicable law.
“Backflow prevention assembly tester” or “tester” means a person certified to field test backflow prevention assemblies in accordance with the Cross-Connection Control Policy Handbook and any additional requirements established by the City Manager or designee. “City” means the City of Indio, including the Indio Water Department.

Page 8 of 16 ends

Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 238 of 831 “City Manager or designee” means the City Manager, the Director of Water Utility, or any officer, employee, agent, contractor, cross-connection control specialist, inspector, tester, or representative designated to administer or enforce this subchapter. “Cross-connection” means any actual or potential connection or structural arrangement between the public water system, including a piping system connected to the public water system and located on or available to a user premises, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. “Cross-Connection Control Plan” or “CCC Plan” means the written plan required by the CrossConnection Control Policy Handbook describing how the City will implement and maintain its Cross-Connection Control Program.
“Cross-Connection Control Policy Handbook” or “CCCPH” means the Cross-Connection Control Policy Handbook adopted by the State Water Resources Control Board, as may be amended or superseded.
“Cross-Connection Control Program” means the City’s program for protecting the public water system from cross-connections and backflow, including operating rules, hazard assessments, required backflow protection, testing, inspections, recordkeeping, incident response, public outreach, and enforcement.
“Cross-connection control specialist” means a person certified as a cross-connection control specialist in accordance with the Cross-Connection Control Policy Handbook. “Hazard assessment” means an evaluation of a user premises to evaluate the types and degrees of hazard at the user premises, determine whether actual or potential cross-connections exist, and determine the backflow protection required.
“High hazard cross-connection” means a cross-connection that poses a threat to the potability or safety of the public water supply and through which contaminants or health hazards could enter the public water system.
“Low hazard cross-connection” means a cross-connection that has been found not to pose a threat to the potability or safety of the public water supply but that may adversely affect the aesthetic quality of the potable water supply.
“Premises containment” means protection of the public water system distribution system from backflow from a user premises through installation of one or more air gaps or backflow prevention assemblies installed as close as practical to the user’s service connection in a manner that isolates the user’s water system from the public water system. “Public water system” means the City’s public water system, operated through the Indio Water Department.

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 239 of 831 “Service connection” means the point where a water user’s piping is connected to the public water system or the point where the approved water supply can be protected from backflow using an air gap or backflow prevention assembly.
“User premises” means property under the ownership or control of a water user that is served, or readily capable of being served, with water through a service connection to the public water system.
“Water user” or “customer” means any person or entity receiving, using, or authorized to receive or use water from the public water system.
“User supervisor” means a person designated by a water user to oversee water use at a user premises and to be responsible for avoiding cross-connections at that premises. § 54.177 Cross-Connection Control Program; hazard assessments; access. (A) The City Manager or designee shall implement and enforce a Cross-Connection Control Program consistent with the Cross-Connection Control Policy Handbook and this subchapter. (B) The City Manager or designee may conduct or require hazard assessments of user premises to determine whether actual or potential cross-connections exist, the degree of hazard, the adequacy of existing backflow protection, and the type and location of backflow protection required.
(C) Hazard assessments may be conducted or required, without limitation, when:
(1) A user premises is newly connected or reconnected to the public water system; (2) A user premises changes account holder, except as otherwise provided by applicable state law;
(3) There is evidence of a change in use, operation, activities, materials, plumbing, equipment, auxiliary water supply, pressure system, fire protection system, recycled water system, or other condition that could affect the degree of hazard;
(4) A backflow incident occurs or is suspected;
(5) Required periodically by the City’s Cross-Connection Control Plan; (6) Requested or directed by the State Water Resources Control Board; or (7) The City Manager or designee determines that an existing hazard assessment may no longer accurately represent the degree of hazard.

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 240 of 831 (D) Each water user shall provide safe and reasonable access to the user premises at reasonable times for hazard assessments, inspections, testing, investigation of suspected or actual backflow incidents, verification of compliance, and other activities necessary to implement this subchapter. (E) Refusal or failure to provide access as required by this section constitutes a violation of this subchapter and may result in enforcement, including discontinuance of water service where necessary to protect the public water system.
(F) The City Manager or designee may require a water user to provide information, plans, plumbing diagrams, fixture inventories, process descriptions, material safety information, irrigation plans, fire protection system information, auxiliary water supply information, or other documentation reasonably necessary to evaluate hazards and determine required protection. (G) Where a user premises has a multi-piping system, frequent piping changes, auxiliary water supplies, recycled water systems, industrial or process water systems, or other complex water use conditions, the City Manager or designee may require the water user to designate a user supervisor. The user supervisor shall be trained and responsible for avoiding cross-connections, informing the City of relevant changes, and maintaining current contact information with the City.
§ 54.178 Backflow protection required; type, installation, testing, and records. (A) The public water system shall be protected from backflow from identified hazards through the installation, operation, inspection, testing, and maintenance of approved backflow protection commensurate with the degree of hazard.
(B) The type, location, and manner of backflow protection required shall be determined by the City Manager or designee based on the hazard assessment, the Cross-Connection Control Policy Handbook, the California Plumbing Code, City standards, and other applicable law. (C) Unless otherwise approved by the State Water Resources Control Board and the City Manager or designee, high hazard cross-connections shall be protected by premises containment through an approved air gap or approved reduced pressure principle backflow prevention assembly.
(D) Low hazard cross-connections shall be protected by backflow protection approved by the City Manager or designee and no less protective than required by the Cross-Connection Control Policy Handbook.
(E) Fire protection systems, recycled water systems, auxiliary water supplies, irrigation systems, industrial systems, medical facilities, laboratories, food service facilities, sewage facilities, wastewater facilities, chemical handling facilities, and all other facilities or conditions presenting an actual or potential hazard shall be protected as required by the City Manager or designee and applicable law.

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 241 of 831 (F) A required backflow prevention assembly shall be installed at the water user’s sole expense, at a location approved by the City Manager or designee, and in accordance with City standards, manufacturer requirements, the Cross-Connection Control Policy Handbook, the California Plumbing Code, and all other applicable requirements.
(G) No person shall install, relocate, remove, bypass, alter, modify, obstruct, conceal, submerge, or impair a required backflow prevention assembly without prior written approval from the City Manager or designee.
(H) Each required backflow prevention assembly shall be readily accessible for inspection, field testing, maintenance, repair, and replacement. The water user shall maintain required clearances, drainage, security, and protection from damage, freezing, flooding, burial, submersion, vandalism, or other impairment.
(I) Each required backflow prevention assembly shall be field tested by a certified backflow prevention assembly tester upon installation, after repair, after relocation, after any condition that may affect assembly performance, and at least annually thereafter, or more frequently if required by the City Manager or designee based on degree of hazard, assembly performance history, manufacturer recommendations, state requirements, or the City’s Cross-Connection Control Plan.
(J) Each required air gap shall be inspected upon installation and at least annually thereafter, or more frequently if required by the City Manager or designee. (K) Testers shall hold certifications recognized or required by the State Water Resources Control Board and shall satisfy any additional City requirements. Testers shall use field test kits or gauge equipment with current accuracy verification as required by the Cross-Connection Control Policy Handbook and City standards.
(L) Water users shall submit complete test, inspection, maintenance, repair, and replacement reports to the City Manager or designee on forms or in a manner approved by the City Manager or designee. Reports shall be submitted within the timeframe specified by the City Manager or designee.
(M) Failure to timely test, inspect, maintain, repair, replace, or report on any required backflow prevention assembly or air gap constitutes a violation of this subchapter. If a required report is not submitted when due, the service connection may be deemed unprotected. (N) If a backflow prevention assembly fails a field test or inspection, the water user shall cause the assembly to be repaired or replaced and retested within the timeframe specified by the City Manager or designee. Where the City Manager or designee determines that the failed assembly presents an actual or potential threat to the public water system, the City may discontinue service or take other immediate protective action.
(O) The City may maintain records of hazard assessments, required protection, assembly locations, assembly types, degree of hazard, test results, inspections, repairs, enforcement

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 242 of 831 actions, backflow incidents, user supervisors, and other information required by the CrossConnection Control Policy Handbook. (P) Fees for administration, inspections, testing, retesting, enforcement, service discontinuance, restoration, and any other costs incurred by the City may be established by resolution of the City Council or other lawful fee schedule and may be charged to the water user. § 54.179 Water user responsibility; City corrective action. (A) Each water user is responsible, at the water user’s sole expense, for complying with this subchapter and for the installation, operation, testing, inspection, maintenance, repair, replacement, and reporting of all required backflow protection serving the user premises. (B) Each water user shall prevent unprotected cross-connections on the user premises and shall immediately notify the City Manager or designee of any actual or suspected cross-connection, backflow incident, auxiliary water supply connection, change in use, change in plumbing, or other condition that may affect the public water system. (C) Each water user shall comply with all notices, orders, corrective action requirements, schedules, and conditions issued by the City Manager or designee under this subchapter. (D) If a water user fails to install, inspect, field test, maintain, repair, replace, or report on required backflow protection, or otherwise fails to comply with this subchapter, the City Manager or designee may take corrective action authorized by law, including but not limited to:
(1) Denying, suspending, discontinuing, or limiting water service; (2) Installing, inspecting, field testing, maintaining, repairing, or replacing a backflow prevention assembly or other required protection at the water user’s expense; (3) Requiring a compliance schedule;
(4) Issuing notices of violation, administrative citations, compliance orders, or cease and desist orders;
(5) Recovering City costs, fees, penalties, and charges; (6) Referring the matter for civil, criminal, administrative, or nuisance enforcement; and (7) Taking any other action necessary to protect the public water system and public health.
(E) Corrective action by the City shall not relieve the water user of responsibility for compliance or liability for violations.

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 243 of 831 § 54.180 Discontinuance, denial, limitation, or restoration of water service. (A) The City Manager or designee may deny, discontinue, suspend, or limit water service to any premises if necessary or appropriate to protect the public water system, an approved water supply, or public health, safety, or welfare.
(B) Grounds for denial, discontinuance, suspension, or limitation of service include, but are not limited to:
(1) The existence of an actual or potential unprotected cross-connection; (2) Failure to install required backflow protection;
(3) Failure to test, inspect, maintain, repair, replace, or report on required backflow protection;
(4) Removal, bypass, alteration, concealment, obstruction, impairment, or submersion of required backflow protection;
(5) Failure or refusal to provide access for hazard assessment, inspection, testing, or incident investigation;
(6) Failure to comply with a notice, order, compliance schedule, or other requirement issued under this subchapter;
(7) An actual or suspected backflow incident;
(8) Use of an auxiliary water supply, recycled water system, fire protection system, irrigation system, or other system in a manner that may endanger the public water system; or (9) Any condition that the City Manager or designee determines presents an actual or potential threat to the public water system.
(C) Except in cases requiring immediate action, the City shall provide notice and a reasonable opportunity to correct before discontinuing service under this section. (D) Water service may be discontinued immediately and without prior notice if, in the judgment of the City Manager or designee, immediate action is necessary to protect the public water system, an approved water supply, or public health, safety, or welfare. (E) Water service shall not be restored until the City Manager or designee determines that the condition requiring discontinuance has been corrected, required backflow protection has been installed, tested, and approved, applicable reports have been submitted, and all applicable charges, fees, penalties, and costs have been paid or otherwise resolved.

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 244 of 831 (F) Discontinuance, denial, suspension, limitation, or restoration of service under this section is in addition to, and does not limit, any other remedy available to the City. § 54.181 Right of entry; inspections; credentials.
(A) As a condition of water service, the City Manager or designee may enter any user premises served by, connected to, or capable of being served by the public water system at reasonable times to conduct hazard assessments, inspections, testing, investigations, compliance verification, and other activities necessary to administer and enforce this subchapter. (B) A City representative seeking entry shall present proper credentials upon request. (C) If entry is refused or cannot be obtained, the City may pursue any remedy available by law, including obtaining an inspection warrant, discontinuing or limiting water service where necessary to protect the public water system, and enforcing this subchapter. (D) Nothing in this section limits the City’s authority to take immediate action to protect the public water system or public health where an actual or potential hazard exists.

SECTION 5. Environmental Determination.

The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the Ordinance will not have a significant effect on the environment. The Ordinance is also exempt pursuant to State CEQA Guidelines sections 15307 and 15308 because it consists of regulatory requirements and procedures to assure the maintenance, restoration, enhancement, and protection of natural resources and the environment, including conservation of potable water supplies and protection of drinking water quality. The City Clerk is directed to file a notice of exemption if required or deemed appropriate.

SECTION 6. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or its application to any person or circumstance, is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.

SECTION 7. No Conflict With State or Federal Law.

This Ordinance is intended to supplement and implement applicable state and federal law. In the event of a conflict between this Ordinance and any mandatory requirement of state or federal law, the mandatory state or federal requirement shall control. References to state statutes,

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 245 of 831 regulations, handbooks, standards, or policies include any amendments, replacements, or successor provisions.

SECTION 8. Codification.

The City Clerk is authorized and directed to cause Sections 2, 3, and 4 of this Ordinance to be codified in the Indio Municipal Code. The City Clerk may make non-substantive corrections to numbering, formatting, capitalization, punctuation, and internal cross-references as necessary to accomplish codification, provided such corrections do not alter the substantive meaning of this Ordinance.

SECTION 9. Publication.

The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

SECTION 10. Effective Date.

This Ordinance shall take effect thirty (30) days after its adoption.

PASSED, APPROVED AND ADOPTED this ___ day of __________, 2026. _____________________________________

ELAINE HOLMES, MAYOR
ATTEST:
_________________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

CERTIFICATION
I, SABDI SANCHEZ, MMC, Director of City Clerk Services of the City of Indio, California, do hereby certify that Ordinance No. XXXX was introduced at a regular meeting of the City Council held on the ___ day of __________, 2026, and was duly adopted at a regular meeting of the City Council held on the ___ day of __________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Introduction of Ordinance No. 1833, Amendment to Indio Municipal Code, T... Page 246 of 831 City of Indio
City Council
May 20, 2026

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham Pacifico, City Attorney
Subject: Resolution No. 10562, approving a City Council Travel and Expense Reimbursement Policy and Establishing a Monthly Automobile Allowance for Local Travel
RECOMMENDATION:

It is respectfully recommended that the City Council adopt by Resolution No. 10562, a City Council Travel and Expense Reimbursement Policy, Establishing a Monthly Automobile Allowance for City Council Members in Lieu of Local Travel Mileage Reimbursement, and Making Related Findings SUMMARY:

The City Council is asked to consider adoption of a written Travel and Expense Reimbursement Policy for City Council Members. The proposed policy establishes comprehensive standards governing reimbursement of travel, meals, lodging, transportation, registration, and other actual and necessary expenses incurred by Council Members while performing official duties on behalf of the City. The policy is intended to promote transparency, accountability, fiscal prudence, and consistent administration of Council-related expenses. It identifies the types of events and activities that may qualify for reimbursement, requires documentation and expense reports, establishes limitations on reimbursable expenses, prohibits reimbursement for personal or non-City expenses, and confirms that reimbursement records are public records subject to disclosure under applicable law. The resolution would also establish a monthly automobile allowance for City Council Members for local travel within 50 miles of Indio City Hall. The allowance would be in the same amount authorized for City management employees under the City’s current At-Will Resolution, currently $500 per month, and would be provided in lieu of separate mileage reimbursement for local travel. The allowance would not apply to out-of-town travel, for which mileage reimbursement would remain available under the policy when permitted.

BACKGROUND INFORMATION:

City Council Members regularly incur expenses in connection with their official duties. These may include attendance at regional agency meetings, intergovernmental meetings, conferences, trainings, legislative advocacy meetings, ceremonial events, community events, site visits, and other activities that further the City’s business. California law permits city council members to be reimbursed for actual and necessary expenses incurred in the performance of official duties.

Government Code section 36514.5 provides that city council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties, subject to the reimbursement requirements in Government Code sections 53232.2 and 53232.3.

AGENDA ITEM #11.2
Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 247 of 831 Government Code section 53232.2 requires a local agency that reimburses members of a legislative body to adopt a written policy specifying the types of occurrences that qualify a member to receive reimbursement for expenses relating to travel, meals, lodging, and other actual and necessary expenses. If a local agency’s policy does not specify reimbursement rates, the statute directs use of Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses. Government Code section 53232.3 further requires expense report forms, documentation that expenses comply with the adopted policy, receipts documenting each expense, and brief reports to the legislative body at the next regular meeting after attending a reimbursed meeting or event.

The proposed policy has been prepared to comply with these statutory requirements and to provide clearer guidance for Council Members and City staff regarding eligible expenses, documentation, public reporting, and administrative review.

The proposed resolution also addresses a monthly automobile allowance. In California Attorney General Opinion No. 08-405, the Attorney General concluded that a city may provide a vehicle allowance to city council members in lieu of reimbursing actual vehicle expenses after they are incurred, provided that the allowance is otherwise authorized by law, adopted by ordinance or resolution, and reasonably related to what is required for the performance of the officers’ public duties. The proposed resolution includes findings intended to satisfy that legal framework, including findings that Council Members routinely use personal vehicles for local travel in the performance of official duties and that the allowance is reasonably related to those local vehicle expenses.

The proposed policy is designed to create a clear, uniform, and legally defensible framework for Council expense reimbursement. At its core, the policy provides that public funds may be used only for actual and necessary expenses that serve a legitimate City purpose, are reasonable in amount, are properly documented, and comply with applicable law.

The policy applies only to members of the City Council. It does not govern City employees, contractors, or consultants, who remain subject to other City policies and procedures. The policy authorizes reimbursement for official travel and related expenses when incurred in connection with official City duties. Examples include conferences, trainings, seminars, regional meetings, hearings, site visits, ceremonial functions, intergovernmental meetings, and other activities that further a legitimate City purpose.

The policy establishes several important safeguards:

First, reimbursement is limited to actual and necessary expenses. Personal expenses, family or guest expenses, political or campaign expenses, alcoholic beverages, entertainment, fines, penalties, duplicate reimbursements, and expenses lacking a public purpose are not reimbursable.

Second, the policy requires documentation. Reimbursement requests must be supported by an expense report and receipts, except for the monthly automobile allowance for local travel. Expense reports must identify the public purpose of the expense and must be submitted within the timelines established by the policy.

Third, the policy incorporates public reporting requirements. Each Council Member who attends a meeting, conference, training, seminar, or other qualifying occurrence at City expense must provide a brief report to the City Council at the next regular meeting. The report may be oral or written and may be joint if multiple Council Members attended the same event.

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 248 of 831 Fourth, the policy confirms that records relating to reimbursable expenditures are public records, subject to disclosure under applicable law, with appropriate redaction of confidential personal information where legally permitted.

The policy proposes the adoption of an automobile allowance for City Councilmembers for local travel. The proposed policy defines “Local Travel” as official City business travel within a 50-mile radius of Indio City Hall. The monthly automobile allowance would be paid in lieu of separate mileage reimbursement for local travel. No separate mileage reimbursement would be paid for local travel while the allowance remains in effect.

The proposed resolution sets the allowance in the same amount authorized for City management employees under the City’s current At-Will Resolution, currently $500 per month. This amount is consistent with other Coachella Valley and Riverside County cities that have established automobile allowances for City Council, including the cities of Rancho Mirage and Desert Hot Springs. The resolution provides that the allowance would commence July 1, 2026.

The purpose of the allowance is to defray the actual and necessary costs associated with using a personal vehicle for local official duties, including ordinary fuel, maintenance, insurance, depreciation, and similar vehicle ownership and operating costs. Council Members frequently use personal vehicles to attend City-related meetings, regional agency meetings, ceremonial events, community events, site visits, and other local activities. A fixed allowance may reduce administrative burden by avoiding the need for separate local mileage logs and repeated local mileage reimbursement claims.

The automobile allowance is authorized by state law under Government Code section 36514.5 and Attorney General Opinion No. 08-405, so long as the allowance is adopted by formal Council action and is reasonably related to the expenses required for the performance of official duties. The proposed resolution contains an express reasonableness finding and states that the allowance is intended to defray actual and necessary vehicle expenses associated with official local travel.

ATTACHMENTS:

Resolution No. 10562 - Councilmember Travel and Expense Reimbursement Indio - Councilmember Travel and Expense Reimbursement Policy 20260506 SP APPROVAL(S):

Sabdi Sanchez, Director of City Clerk Services Approved - 15 May 2026 Bryan H. Montgomery, City Manager Approved - 15 May 2026

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RESOLUTION NO. 10562

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

CALIFORNIA, ADOPTING THE CITY COUNCIL TRAVEL AND EXPENSE

REIMBURSEMENT POLICY, ESTABLISHING A MONTHLY AUTOMOBILE

ALLOWANCE FOR CITY COUNCIL MEMBERS IN LIEU OF LOCAL TRAVEL

MILEAGE REIMBURSEMENT, AND MAKING RELATED FINDINGS
WHEREAS, Government Code section 36514.5 provides that city council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties, subject to Government Code sections 53232.2 and 53232.3; and
WHEREAS, Government Code sections 53232.2 and 53232.3 require that, if a local agency reimburses members of its legislative body for actual and necessary expenses incurred in the performance of official duties, the governing body shall adopt a written policy specifying the types of occurrences that qualify for reimbursement and shall require expense reports and receipts as provided by law; and
WHEREAS, in California Attorney General Opinion No. 08-405, the Attorney General concluded that a city may provide a vehicle allowance to its city council members in lieu of reimbursing actual vehicle expenses after such expenses are incurred, provided that the allowance is otherwise authorized by law, is adopted by ordinance or resolution, and is reasonably related to what is required for the performance of the officer’s public duties; and
WHEREAS, the City Council desires to adopt a Travel and Expense Reimbursement Policy for City Council Members that reflects the standards the City Council adopts for itself regarding travel, meals, lodging, and related expenses incurred in the performance of official duties; and
WHEREAS, the City Council further desires to establish a fixed monthly automobile allowance for City Council Members for use of personal vehicles in connection with Local Travel undertaken in the performance of official duties, in lieu of separate mileage reimbursement for such Local Travel; and WHEREAS, the City Council finds that Council Members routinely use personal vehicles for Local Travel in the performance of official duties, including attendance at meetings, intergovernmental events, ceremonial functions, site visits, and other City-related activities; and
WHEREAS, the City Council further finds that the provision of an automobile allowance to members of the City Council is consistent with the City’s existing practice of providing an automobile allowance to management employees as established in the current “At-Will Resolution” of the City of Indio.

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

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Adoption of Policy. The City Council hereby adopts the Travel and Expense Reimbursement Policy for City Council Members, attached hereto as Exhibit A and incorporated herein by this reference.

Section 3. Adoption of Monthly Automobile Allowance. Members of the City Council shall be provided with a Monthly Automobile Allowance in the same amount as provided for management employees of the City of Indio under the current AtWill Resolution, as that resolution may be amended from time to time.

Section 4. Purpose and Scope of Allowance. The Monthly Automobile Allowance is intended to defray the actual and necessary costs associated with a Council Member’s use of a personal vehicle for Local Travel undertaken in the performance of Official Duties, including ordinary fuel, maintenance, insurance, depreciation, and similar ownership and operating costs associated with such Local Travel.

Section 5. In Lieu of Local Mileage Reimbursement. The Monthly Automobile Allowance established by this Resolution shall be in lieu of separate mileage reimbursement for Local Travel, and no separate mileage reimbursement shall be paid to any Council Member for Local Travel while this allowance remains in effect.

Section 6. Out-of-Town Travel Unaffected. Nothing in this Resolution shall eliminate or restrict reimbursement otherwise authorized under the Policy for Outof-Town Travel, including mileage reimbursement for use of a privately owned vehicle for Out-of-Town Travel when permitted by the Policy.

Section 7. No Additional Entitlement. The Monthly Automobile Allowance does not authorize reimbursement for any other expense not otherwise permitted by the Policy or applicable law, and does not expand the categories of reimbursable expenses established by the Policy.

Section 8. Reasonableness Finding. The City Council hereby finds and determines that the Monthly Automobile Allowance established by this Resolution is reasonably related to the actual and necessary vehicle expenses incurred by Council Members in the performance of official duties, including Local Travel within the meaning of the Policy, and is adopted in furtherance of the efficient administration of City business.

Section 9. Administration. The Monthly Automobile Allowance shall be administered in accordance with the Policy, this Resolution, and applicable law. The allowance shall be paid monthly in the same manner as other authorized City payments to Council Members, subject to any applicable payroll, reporting, or taxadministration requirements.

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Section 10. Supersession of Inconsistent Local Mileage Reimbursement Provisions. Any prior policy provision, administrative practice, or interpretation authorizing separate mileage reimbursement for Local Travel by City Council Members is hereby superseded to the extent inconsistent with this Resolution and Exhibit A.

Section 11. Effective Date. This Resolution shall take effect immediately upon adoption, and the Monthly Automobile Allowance established herein shall commence on July 1, 2026.

Section 12. Severability. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have adopted this Resolution and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more portions may be declared invalid or unenforceable.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indio, California, at a regular meeting held on May 20, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MAYOR
________________________________
Elaine Holmes, MAYOR
ATTEST:

CITY CLERK
___________________________________
Sabdi Sanchez, Director of City Clerk Services

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TRAVEL AND EXPENSE REIMBURSEMENT POLICY

FOR CITY COUNCIL MEMBERS
PURPOSE:

The purpose of this Travel and Expense Reimbursement Policy is to establish the standards and procedures adopted by the City Council to govern reimbursement of actual and necessary travel, meal, lodging, and related expenses incurred by its Members in the performance of official duties on behalf of the City of Indio. By adopting this Policy, the City Council affirms its commitment to accountability, transparency, fiscal prudence, and careful stewardship of public resources.

This Policy is adopted by the City Council, in a public meeting, pursuant to California Government Code sections 53232.2 through 53232.4, as may be amended, and is intended to provide clear guidance for Council Members regarding the types of occurrences for which reimbursement may be claimed, the standards applicable to such reimbursement, and the documentation and reporting required by law. This Policy applies only to City Council Members. City employees, contractors, and consultants are not covered by this Policy and remain subject to such other City policies and procedures as may apply.

POLICY:

It is the policy of the City Council that reimbursement to its Members for expenses incurred in the performance of official duties constitutes an expenditure of public funds and shall be limited to actual and necessary expenses that serve a legitimate public purpose, are reasonable in amount, are properly documented, and comply with this Policy and applicable law.

By adopting this Policy for itself, the City Council reaffirms that its Members are expected to exercise sound judgment and fiscal restraint in the expenditure of public funds and to ensure that reimbursement is sought only for those expenses that are directly related to the conduct of official City business.

Council Members may be reimbursed for authorized expenses relating to travel, meals,

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 254 of 831 lodging, and other actual and necessary expenses incurred in connection with official duties and qualifying occurrences identified in this Policy, subject to the standards, limits, documentation, and reporting requirements set forth herein. Where this Policy does not expressly address a particular circumstance, the matter shall be evaluated in a manner consistent with the principles of public accountability, fiscal prudence, and compliance with applicable law, and shall be presented for City Council consideration in a public meeting where approval is required by law or by this Policy.

The City Council intends that reimbursements and advances under this Policy be handled, to the extent applicable, in a manner consistent with the requirements of an accountable plan under Internal Revenue Service rules, including requirements relating to business purpose, adequate substantiation, timely submission of expense reports, and return of any excess advances or reimbursements.

All claims for reimbursement under this Policy shall be supported by an Expense Report and receipts as required by law and this Policy, except for the Monthly Automobile Allowance for Local Travel established under Section 2.c.i. Council Members shall also provide the reports required by Government Code section 53232.3, and all records relating to reimbursable expenditures shall be public records subject to disclosure in accordance with applicable law.

A. DEFINITIONS

1. Actual and Necessary Expenses means expenses that are reasonably required for the performance of official duties on behalf of the City and that are otherwise permitted by this Policy and applicable law.

2. Allowable expense means a reimbursable expense authorized by this Policy that is not included within any applicable meal or incidental expense limitation and that is properly documented and incurred for an official City purpose.

3. City Council means the City Council of the City of Indio, which is the governing body of the City and the legislative body for purposes of Government Code section 53232 et seq.

4. Council Member means a duly elected member of the City Council of the City of Indio.

5. Expense Report means the reimbursement form designated by the City for the reporting and documentation of reimbursable expenses under this Policy, including any required receipts and supporting information.

6. Incidental Expense means a travel-related fee or gratuity of the type customarily treated as incidental under applicable federal travel guidance,

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 255 of 831 including reasonable fees and tips for porters, baggage carriers, bellhops, and similar service providers, but excluding personal or entertainment expenses.

7. Local Travel means travel on official City business within a radius of fifty (50) miles of Indio City Hall.

8. Monthly Automobile Allowance means the fixed monthly vehicle allowance established by the City Council by resolution to defray the actual and necessary costs associated with use of a personal vehicle for Local Travel in the performance of Official Duties.

9. Mileage Reimbursement Rate means the standard mileage rate established by the Internal Revenue Service for business use of a personal vehicle, as may be amended from time to time, and shall apply only where this Policy expressly authorizes mileage reimbursement.

10.Official Duties means duties undertaken by a Council Member in his or her official capacity on behalf of the City, including attendance at meetings, conferences, trainings, hearings, ceremonial functions, intergovernmental meetings, site visits, and other activities that further a legitimate City purpose and are authorized by this Policy or by action of the City Council.

12.Official Travel means authorized travel by a Council Member in the performance of official duties on behalf of the City, including Local Travel and Out-of-Town Travel. Official Travel may include attendance at conferences, trainings, seminars, meetings, hearings, site visits, and other qualifying occurrences related to official duties.

13.Official Travel Period means the period of time reasonably necessary to travel to, attend, and return from an authorized event or activity using a reasonably direct route and a reasonable mode of transportation consistent with this Policy.

14.Out-of-Town Travel means authorized travel on official City business more than fifty (50) miles from Indio City Hall.

15.Qualifying Occurrence means an activity, event, meeting, conference, training, or other occasion for which reimbursement may be claimed under this Policy because it constitutes the performance of official duties on behalf of the City.

B. PROVISIONS

1. Approvals
a. In General. This Policy constitutes the standards adopted by the City

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 256 of 831 Council to govern reimbursement of its Members for Official Travel and related Actual and Necessary Expenses. Except as otherwise expressly provided in this Policy or required by law, a Council Member may attend a Qualifying Occurrence and seek reimbursement under this Policy without separate case-by-case approval, provided that the travel or expense: (i) serves a legitimate City purpose, (ii) is within an appropriation adopted by the City Council, and (iii) otherwise complies with this Policy. The Monthly Automobile Allowance established for Local Travel under Section 2.c.i is deemed part of the standards adopted by the City Council for reimbursement of actual and necessary local vehicle expenses and does not require separate case-by-case approval.
b. Circumstances Requiring Prior City Council Approval. Prior approval by the City Council in a public meeting shall be required before an expense is incurred if any of the following applies: (i) the travel or related expense is not within an appropriation adopted by the City Council; (ii) the expense exceeds a rate, limit, or standard established by this Policy; (iii) the expense does not otherwise fall within this Policy or within applicable reimbursement rates incorporated by this Policy; or (iv) prior approval is otherwise required by law or by another provision of this Policy.
c. Effect of Prior City Council Action. If the City Council has, in a public meeting, approved attendance at a particular event, approved participation in a category of events, approved the related appropriation, or otherwise authorized the expense, no further City Council approval shall be required for reimbursement of expenses that otherwise comply with this Policy.
d. Attendance by Multiple Council Members. More than one Council Member may attend the same conference, meeting, training, or other Qualifying Occurrence when such attendance serves a legitimate City purpose and the related expenses are within funds appropriated by the City Council.
e. Ministerial Administrative Processing. Administrative processing by City staff of registrations, reservations, direct payments, advances, or reimbursement requests is ministerial.

2. Transportation
a. In General. Transportation for Official Travel shall be by the mode that is reasonable, appropriate, and cost-effective in light of the total cost to

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 257 of 831 the City, travel time, itinerary, and the needs of the Council Member’s Official Duties. Council Members shall use a reasonably direct route.

Additional costs resulting from personal deviations, personal stopovers, or extensions of travel for non-City purposes are not reimbursable.
b. Air and Rail Travel. Reimbursement for air or rail travel shall be based on the actual cost of coach, economy, or other comparably priced standard fare. Council Members shall use available government, conference, or group rates when reasonably available. Business-class or first-class airfare or rail travel is not reimbursable unless: (1) the Council Member pays the difference in cost, or (2) the expense is incurred because no reasonable lower-cost option is available. c. Use of Privately Owned Vehicle. A Council Member may use a privately owned vehicle for Official Travel, provided the driver possesses a valid driver’s license and maintains automobile insurance as required by law, subject to the following:
i. Local Travel Automobile Allowance. In lieu of separate mileage reimbursement for Local Travel, each Council Member shall receive a Monthly Automobile Allowance in the same amount authorized for management employees of the City under the current “At-Will Resolution” and as that resolution may be amended in the future, currently set at five hundred dollars ($500) per month. The Monthly Automobile Allowance is intended to defray the actual and necessary costs associated with use of a personal vehicle for Local Travel in the performance of Official Duties, including ordinary fuel, maintenance, insurance, depreciation, and similar ownership and operating costs. No separate mileage reimbursement shall be paid for Local Travel.
ii. Out-of-Town Travel Mileage Reimbursement. For Out-of-Town Travel using a privately owned vehicle, mileage reimbursement shall be paid at the Mileage Reimbursement Rate. Unless otherwise expressly authorized by the City Council, reimbursable mileage shall be calculated from Indio City Hall.
iii. Reimbursement for use of a privately owned vehicle shall be based on the vehicle and not on the number of occupants.
iv. Damage to, loss of use of, maintenance of, or repairs to a privately

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 258 of 831 owned vehicle are personal expenses and are not separately reimbursable by the City. The City assumes no liability for such costs.
v. Mileage reimbursement claims for Out-of-Town Travel or other mileage expressly reimbursable under this Policy shall be submitted on an Expense Report in accordance with Section 13. No Expense Report or mileage log shall be required for payment of the Monthly Automobile Allowance.
d. Rental Vehicles; Taxis; Rideshare; Shuttles; and Public Transit.

Reasonable actual costs of taxis, rideshare services, shuttle services, public transit, and similar ground transportation used for Official Travel are reimbursable, including reasonable gratuities. Rental vehicles may be used when use of a rental vehicle is more economical or more practical in light of the Official Travel involved. When a rental vehicle is used, reimbursement shall be limited to the cost of a standard or other reasonable vehicle and only for the Official Travel Period. Fuel, parking, and tolls associated with authorized rental vehicle use are reimbursable. Any optional rental vehicle insurance or related add-on charge shall be reimbursable.
e. Transportation-Related Allowable Expenses. Reasonable transportation-related Allowable Expenses incurred during the Official Travel Period, including tolls, parking, and checked baggage fees when reasonably necessary for Official Travel, are reimbursable upon submission of appropriate documentation. Valet parking is reimbursable when self-parking is unavailable, impracticable, or more costly.
f. Fines, Penalties, and Avoidable Charges. Fines, penalties, and avoidable charges are not reimbursable. This includes, without limitation, parking citations, moving violations, toll violations, towing or impound fees, missed transportation due to unreasonable personal delay, change fees caused by unreasonable personal scheduling changes, and similar charges resulting from unreasonable personal negligence or noncompliance.
g. Personal Loyalty or Reward Program Benefits. Council Members may accrue personal loyalty or reward program points, miles, or similar benefits in connection with Official Travel, provided there is no additional cost to the City. Council Members may also use personally

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 259 of 831 accrued loyalty or reward program benefits toward travel expenses, however, the City will not reimburse the cash value of any such benefits.

3. Lodging
a. In General. The City Council authorizes reimbursement to its Members for lodging expenses that are Actual and Necessary Expenses incurred in connection with Official Travel. Lodging shall be reasonable in cost and appropriate to the business purpose, location, and duration of the Qualifying Occurrence. Council Members may select clean, safe, and reasonably priced accommodations consistent with the principles of fiscal prudence and stewardship of public resources.
b. Applicable Rules. When lodging is required for Official Travel, reimbursement should generally be limited to the lowest of the following rates that is reasonably available at the time of booking: (i) the standard room rate; (ii) the government rate; or (iii) the conference or event group rate. Council Members should use available government and group rates when reasonably available. If lodging is in connection with a conference or organized educational activity, reimbursable lodging should not exceed the maximum group rate published by the conference or activity sponsor, provided that the group rate is available at the time of booking. If the group rate is not available at the time of booking, reimbursement may be made for comparable lodging otherwise consistent with this Policy. c. Duration of Lodging. Reimbursement for lodging should be limited to the number of nights reasonably necessary for the Official Travel Period, subject to the following: (i) reimbursement may include the night before a meeting, conference, or other Qualifying Occurrence when the timing of travel, distance, start time of the event, or other practical considerations make same-day arrival unreasonable; (ii) reimbursement may include the final night of an event when the event ends late in the day, return travel that day would be unreasonable, or no practical return transportation is reasonably available; (iii) additional nights attributable to personal travel, personal convenience, vacation, or other non-City purposes are not reimbursable.
d. Standard Occupancy; Upgrades. Reimbursement shall be limited to the cost of a standard single-occupancy room, together with applicable taxes and other reimbursable charges authorized by this Policy. Room upgrades, premium rooms, suites, concierge-level accommodations, resort packages, and similar enhanced lodging arrangements are not

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 260 of 831 reimbursable unless: (i) the Council Member pays the difference in cost; or (ii) no reasonable lower-cost option is available and the highercost lodging is approved by the City Council in a public meeting before the expense is incurred.
e. Lodging Cost Cap. Except as otherwise provided in subsection (b), if the nightly room rate exceeds three hundred dollars ($300), exclusive of taxes and mandatory fees, the lodging expense shall require prior City Council approval in a public meeting before the expense is incurred. This subsection does not apply to a conference or event group rate that exceeds that amount, provided the group rate was available at the time of booking and otherwise complies with this Policy.
f. Shared Lodging and Accompanying Persons. If a Council Member shares lodging with a spouse, partner, family member, guest, or any other person not traveling on Official City business, the City shall reimburse only the single-occupancy rate or other amount that would have been incurred absent the accompanying person. Any incremental cost attributable to the accompanying person shall be the personal responsibility of the Council Member.
g. Staying with Friends or Relatives. A Council Member may stay with a friend or relative while on Official Travel; however, the City shall not reimburse any payment, gift, meal, transportation, or other compensation provided to the friend or relative in lieu of lodging expenses.
h. Cancellation of Reservations. Lodging reservations that will not be used should be cancelled as soon as reasonably practicable. Charges for unused reservations, late cancellations, or no-show fees are reimbursable when the charge resulted from circumstances beyond the Council Member’s reasonable control.
i. Loyalty or Reward Program Benefits. Council Members may accrue personal loyalty or reward program benefits, including hotel points, in connection with Official Travel, provided there is no additional cost to the City. Council Members may also use personally accrued loyalty or reward benefits toward lodging expenses; however, the City will not reimburse the cash value of any such benefits.

4. Meals, Incidental and Allowable Expenses
a. In General. In adopting this Policy for itself, the City Council authorizes reimbursement to its Members for Actual and Necessary Expenses for

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 261 of 831 meals and incidental expenses incurred during Official Travel requiring an overnight stay, provided such expenses are directly related to Official Travel, are properly documented, and otherwise comply with this Policy.
b. Actual Cost Reimbursement; No Per Diem Payment.

Reimbursement under this section shall be based on actual cost and shall include non-alcoholic beverages, applicable taxes, and reasonable gratuities. Council Members shall not receive a flat per diem allowance for meals or incidental expenses. Instead, reimbursement shall be made for actual meal and incidental expenses incurred, up to the maximum daily meals and incidental expenses rate established by the U.S. General Services Administration for the location of the Qualifying Occurrence.
c. Daily Maximum; First and Last Day of Travel. The maximum reimbursable amount for meals and incidental expenses shall be determined on a daily basis, not by individual meal category. On the first and last day of Official Travel, the maximum reimbursable amount shall be seventy-five percent (75%) of the applicable GSA meals and incidental expenses rate for the travel destination.
d. Meals Furnished or Included in Registration. If a meal is provided as part of a conference, meeting, training, registration fee, or similar Qualifying Occurrence, the Council Member shall not seek separate reimbursement for that meal. The applicable daily reimbursement cap shall be reduced using the GSA meal breakdown for the travel location. Consistent with the City Council’s interpretation of this Policy, a complimentary continental breakfast provided by a hotel or similar lodging provider shall not be treated as a furnished meal for purposes of reducing the daily cap.
e. Non-Reimbursable Meal Costs. Meals for spouses, family members, guests, or other persons not traveling on Official City business are not reimbursable. Alcoholic beverages are not reimbursable. Any portion of a meal expense attributable to personal, social, or non-City purposes is not reimbursable.
f. Documentation. Requests for reimbursement under this section shall be supported by appropriate documentation sufficient to substantiate the amount, time, place, and business purpose of the expense. For meal reimbursement based on actual cost, itemized receipts are required. Credit card slips or other proof of payment that do not reasonably identify the items purchased are not sufficient by

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 262 of 831 themselves. The related Expense Report shall identify the Council Member incurring the expense and the business purpose of the meal or travel.
g. Incidental Expenses. Incidental expenses reimbursable under this section are limited to those incidental expenses reasonably incurred during the Official Travel Period and customarily treated as incidental under applicable federal travel guidance. Such expenses shall be reimbursed only to the extent actually incurred, properly documented where documentation is reasonably available, and included within the applicable daily reimbursement limitation unless otherwise expressly addressed in another section of this Policy.
h. Other Allowable Expenses. Travel-related Allowable Expenses that are not part of the meals and incidental expenses cap, including transportation-related expenses addressed elsewhere in this Policy, shall be governed by the applicable sections of this Policy and shall not be reimbursed under this subsection unless expressly authorized herein.

5. Same-Day Travel and Meal Reimbursement
a. In General. For Official Travel not requiring an overnight stay, the City Council authorizes reimbursement to its Members for Actual and Necessary meal expenses incurred during the Official Travel Period when the purchase of a meal is reasonably necessary for the conduct of Official Duties.
b. Actual Cost Reimbursement; No Per Diem Payment.

Reimbursement under this section shall be based on actual cost only and shall include non-alcoholic beverages, applicable taxes, and reasonable gratuities. Council Members shall not receive a flat per diem allowance for same-day travel meals.
c. Circumstances in Which Same-Day Meals Are Reimbursable. A same-day meal expense may be reimbursed under this section only if:
(i) the Qualifying Occurrence is outside the City limits; (ii) the meal is reasonably necessary because of the time, duration, or schedule of the Official Travel; and (iii) the meal is not otherwise provided or reimbursed from another source. Meals incurred for meetings, events, or conferences occurring within the City limits are not reimbursable under this section, unless reimbursement is otherwise authorized under another provision of this Policy, including Section 8 relating to City-hosted meals.

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 263 of 831 d. Maximum Reimbursement. Reimbursement for same-day meals shall not exceed the applicable meal component of the U.S. General Services Administration meals and incidental expenses rate for the location of the Qualifying Occurrence. If more than one same-day meal is claimed, reimbursement shall not exceed the combined applicable meal components for the meals reasonably required by the schedule of Official Travel. For example, if a Council Member attends a one-day seminar and only lunch is reasonably necessary and not otherwise provided, reimbursement shall not exceed the applicable GSA lunch amount for that location.
e. Meals Provided as Part of the Event. A Council Member shall not seek separate reimbursement for any meal included in a conference registration fee, meeting fee, seminar fee, or otherwise furnished as part of the Qualifying Occurrence.
f. Documentation. Requests for reimbursement under this section shall be supported by an itemized receipt and by an Expense Report identifying the Council Member, the date and location of the meal, and the business purpose giving rise to the meal expense. Credit card slips or other proof of payment that do not reasonably identify the items purchased are not sufficient by themselves. All reimbursement requests shall otherwise comply with the documentation and receipt requirements of this Policy and applicable law.
g. Tax Treatment. Because same-day travel ordinarily does not constitute travel “away from home” for federal tax purposes, reimbursement of same-day meal expenses may be treated as taxable compensation to the extent required by applicable Internal Revenue Service rules. Reimbursement under this section shall therefore be administered in a manner consistent with applicable tax reporting requirements.

6. Cash Advances
a. In General. The City Council authorizes the use of cash advances for its Members when reasonably necessary to facilitate Official Travel and related Actual and Necessary Expenses under this Policy. Cash advances are intended to assist with anticipated out-of-pocket expenses associated with Official Travel and are not intended to expand or alter the categories of reimbursable expenses otherwise allowed by this Policy.
b. Amount of Advance. A cash advance may be issued to a Council

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 264 of 831 Member in a minimum amount of one hundred dollars ($100) and a maximum amount of one thousand five hundred dollars ($1,500), unless a different amount is approved by the City Council in a public meeting.
c. Eligible Uses. Unless otherwise approved by the City Council, cash advances shall be limited to anticipated out-of-pocket meal, incidental, local transportation, and similar travel-related expenses reasonably expected to be incurred during the Official Travel Period. Expenses that are paid directly by the City to a vendor, or that are otherwise governed by another provision of this Policy, shall not be duplicated through a cash advance.
d. Administrative Processing. Requests for cash advances shall be submitted sufficiently in advance of travel to allow for ordinary administrative processing. Administrative processing of a cash advance request by City staff is ministerial only and does not constitute separate substantive approval of the travel or of any expense beyond the standards established by this Policy.
e. Effect of Advance. Receipt of a cash advance does not constitute approval of the expenditure of the full amount advanced. All expenditures remain subject to the requirements of this Policy, including the requirements that expenses be Actual and Necessary Expenses, serve a legitimate City purpose, and be properly documented.
f. Reconciliation and Expense Report. A Council Member who receives a cash advance shall account for the advance through the Expense Report required by this Policy and shall submit that Expense Report, together with required receipts and supporting documentation, within ten (10) calendar days after returning from the conference, meeting, or other Qualifying Occurrence.
g. Additional Reimbursement or Return of Excess Advance. If actual reimbursable expenses properly documented under this Policy exceed the amount of the advance, the Council Member may be reimbursed for the additional amount. If the advance exceeds the amount of actual reimbursable expenses, the Council Member shall return the unused portion to the City within ten (10) calendar days after submission of the Expense Report.
h. Recovery of Unreturned Advances. Any portion of a cash advance not timely substantiated or returned may be recovered by the City

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 265 of 831 through any lawful means, including, if authorized by law and applicable procedure, offset against amounts otherwise payable by the City.

7. Reservations and Advance Payment of Travel-Related Expenses a. In General. The City Council authorizes advance payment by the City of registration fees, lodging deposits, and similar travel-related expenses for Official Travel when such advance payment is reasonably necessary or administratively efficient and the expense is otherwise authorized by this Policy.
b. Submission Timing. Requests for advance payment of conference, meeting, lodging, registration, or similar travel-related expenses should be submitted sufficiently in advance to allow for ordinary administrative processing before the departure date.
c. Direct Payment to Vendor. When advance payment is requested and processed, the City may pay the approved expense directly to the vendor.
d. Administrative Processing. Administrative processing of reservations or advance payments by City staff is ministerial only and shall not be construed to create, deny, expand, or limit reimbursement eligibility beyond the terms of this Policy and any applicable action of the City Council.
e. Effect of Advance Payment. Advance payment by the City of a registration fee, lodging charge, or other travel-related expense does not authorize reimbursement of any additional expense not otherwise permitted by this Policy. All travel-related expenses remain subject to the standards, limits, and documentation requirements set forth in this Policy.

8. City Hosted Meals and Official Business Meals
a. In General. The City Council authorizes reimbursement to its Members for Actual and Necessary Expenses incurred for official business meals, whether within or outside the City limits, when the meal is reasonably related to the performance of Official Duties, serves a public purpose, and is otherwise permitted by this Policy and applicable law.
b. Public Purpose Requirement. A reimbursable official business meal under this section must directly further a legitimate City purpose, including, by way of example, intergovernmental relations, economic

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 266 of 831 development, legislative advocacy, regional coordination, or meetings with representatives of business, civic, governmental, or community organizations concerning matters of importance to the City. c. Costs Eligible for Reimbursement. Reimbursement under this section shall be limited to the actual and reasonable cost of the meal, including non-alcoholic beverages, applicable taxes, and reasonable gratuities. Reimbursement shall not be made on a flat per diem basis.

Unless otherwise approved by the City Council in a public meeting, reimbursement shall not exceed a reasonable amount under the circumstances and shall remain subject to the general standards of fiscal prudence and stewardship of public resources set forth in this Policy.
d. Meals Within City Limits. The fact that an official business meal occurs within the City limits does not, by itself, make the expense nonreimbursable. A meal within the City may be reimbursed under this section when the meal is reasonably related to the performance of Official Duties and serves a public purpose.
e. Documentation. A request for reimbursement under this section shall be supported by an itemized receipt and an Expense Report that identifies, at a minimum: (i) the date and location of the meal; (ii) the names, titles, and organizational affiliations of the attendees, to the extent reasonably applicable; and (iii) the public purpose served by the meal.
f. Non-Reimbursable Meals. The following are not reimbursable under this section: (i) meals that are primarily personal, social, ceremonial, political, or recreational in nature; (ii) meals involving spouses, family members, personal friends, or other guests whose attendance does not directly serve a public purpose; (iii) meals for which there is insufficient documentation of the public purpose or official business conducted; (iv) alcoholic beverages; and (v) any meal expense otherwise prohibited by this Policy or applicable law.
g. Meals Involving Non-City Attendees. Reimbursement under this section shall be limited to the Council Member’s own meal expense, except to the extent reimbursement for meals of non-City attendees is expressly authorized by applicable law and separately approved by the City Council in a public meeting before the expense is incurred.

9. Non-Reimbursable Expenses
a. In General. In adopting this Policy for itself, the City Council

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 267 of 831 determines that the following expenses are not reimbursable to its Members because they do not ordinarily constitute Actual and Necessary Expenses incurred in the performance of Official Duties, are personal in nature, or are otherwise inconsistent with the principles of public accountability, fiscal prudence, and stewardship of public resources reflected in this Policy. The examples set forth below are illustrative and not exhaustive.
b. Non-Reimbursable Expenses. The following expenses are not eligible for reimbursement under this Policy:
i. Purchases from Certain Affiliated Businesses. Except to the extent expressly permitted by applicable law, goods or services purchased from a business owned, in whole or in part, by a Member of the City Council or any authority for which the City is a partner agency.
ii. Personal Portions of Travel. Any personal or non-City portion of an otherwise reimbursable trip, including additional lodging nights, personal stopovers, vacation extensions, leisure activities, or other expenses not directly related to the performance of Official Duties. If a trip includes both official and personal components, only the City-related portion that is separately identifiable and properly documented may be reimbursed.
iii. Political, Charitable, and Fundraising Expenses.

Contributions, donations, sponsorships, tickets, or similar expenses relating to political organizations, charitable causes, fundraising activities, campaign events, or other non-City causes are not reimbursable under this Policy. This restriction does not apply to reasonable expenses associated with attendance at, or participation in, the activities or events of a nonprofit, charitable, civic, or professional organization of which the City is a member, partner, or affiliate, provided the expense serves a public purpose and is reasonably related to the performance of Official Duties. iv. Family Member and Guest Expenses. Expenses of spouses, partners, children, pets, family members, personal friends, or other guests accompanying a Council Member, including meals, lodging, transportation, registration fees, or any increased cost attributable to their participation, presence, or occupancy. Any such additional cost is the personal responsibility of the Council Member.

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 268 of 831 v. Entertainment and Recreational Expenses. Expenses that are primarily recreational, social, or entertainment-related and not directly tied to a public purpose, including movie rentals or tickets, sporting events, concerts, golf, spa or massage services, gym fees, sightseeing, or similar personal entertainment.
vi. Personal Vehicle Ownership and Maintenance Costs.

Personal vehicle expenses, including repairs, maintenance, insurance premiums, fuel, cleaning, depreciation, or any other personal ownership or operating cost of a privately owned vehicle, except to the extent such costs are intended to be covered by the Monthly Automobile Allowance for Local Travel or are otherwise reflected in the applicable Mileage Reimbursement Rate for reimbursable mileage under this Policy.
vii. Alcoholic Beverages and Bar Charges. Alcoholic beverages, bar tabs, corkage fees, minibar charges, or similar alcohol-related expenses, even if incurred in connection with an otherwise reimbursable meal.
viii. Fines, Penalties, and Personal Violations. Traffic citations, parking citations, toll violations, towing or impound fees, late fees, missed reservation charges caused by personal delay or
negligence, and similar fines, penalties, or avoidable charges. ix. Personal Losses and Personal Property Claims. Losses relating to personal property or personal circumstances, including theft, damage, loss, or replacement of personal items, luggage, electronics, clothing, or other personal effects.
x. Duplicate Reimbursement. Any expense for which the Council Member has received, or is entitled to receive, reimbursement, payment, or credit from another source, including another public agency, conference sponsor, vendor, insurer, or third party. xi. Other Personal or Non-City Expenses. Any expense that is primarily personal in nature, lacks a public purpose, is not reasonably related to Official Duties, or is otherwise prohibited by this Policy or applicable law.

10. Other Travel-Related Provisions
a. Internet Access. The City Council authorizes reimbursement to its Members for reasonable internet service charges incurred during the Official Travel Period when internet access is reasonably necessary to

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 269 of 831 the performance of Official Duties. Reimbursement shall be limited to the normal charge for such service during the Official Travel Period and shall be supported by documentation that separately identifies the internet-related charge.
b. Baggage Handling Fees and Related Gratuities. The City Council authorizes reimbursement to its Members for reasonable baggage handling fees and related gratuities incurred in connection with Official Travel, provided such expenses are Actual and Necessary Expenses and are otherwise documented in accordance with this Policy.

Gratuities under this subsection should be reasonable under the circumstances.

11. Miscellaneous Expenses
a. In General. The City Council authorizes reimbursement to its Members for miscellaneous Actual and Necessary Expenses reasonably incurred in the performance of Official Duties and reasonably related to a public purpose, provided such expenses are not otherwise addressed by a more specific provision of this Policy and are otherwise permitted by applicable law.
b. Limitation. This section is intended to address occasional reimbursable expenses not expressly covered elsewhere in this Policy and shall not be construed to expand the categories of reimbursable expenses beyond those consistent with the principles of public accountability, fiscal prudence, and stewardship of public resources adopted by the City Council in this Policy.
c. Expenses Outside the Policy. Any miscellaneous expense that does not clearly fall within this Policy or applicable reimbursement standards shall require approval by the City Council in a public meeting.

12. Use of City-Issued Credit Cards
a. General Standard. If a Council Member uses a City-issued credit card for an expense incurred in connection with Official Duties, the same standards, limits, documentation, and approval requirements set forth in this Policy shall apply as if the Council Member had paid the expense personally and later sought reimbursement.
b. No Expansion of Reimbursable Expenses. Use of a City-issued credit card does not create or expand reimbursement eligibility and does not authorize any expense that would not otherwise be permitted under this Policy.

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Resolution No. 10562 , approving a City Council Travel and Expense Reimb... Page 270 of 831 c. Personal Expenses Prohibited. The City Council adopts as a standard for its Members that a City-issued credit card shall not be used for personal expenses at any time, even if the Council Member intends to reimburse the City afterward.
d. Documentation and Reconciliation. Expenses charged to a Cityissued credit card shall be documented and reconciled in the same manner required for other expenses under this Policy, including submission of an Expense Report and supporting receipts where required.

13. Expense Reports and Submission Deadline
a. In General. The City Council adopts the following standards for the submission, content, review, and retention of Expense Reports relating to reimbursement sought by its Members under this Policy. Expense Reports are intended to document that the expenses for which reimbursement is sought constitute Actual and Necessary Expenses incurred in the performance of Official Duties and comply with this Policy and applicable law. This section does not require submission of mileage logs or receipts for the Monthly Automobile Allowance established under Section 2.c.i.
b. Public Records. All documents relating to reimbursable expenditures under this Policy, including Expense Reports and supporting receipts, are public records subject to disclosure in accordance with applicable law. Personal information contained in such records, including credit card numbers and similar confidential information, may be redacted to the extent permitted by law before public release.
c. Review and Verification. The City Council adopts as a standard for its Members that all reimbursement requests shall be subject to review and verification for compliance with this Policy and applicable law.

Administrative review by City staff of Expense Reports, receipts, and related materials is ministerial and is intended to confirm compliance with the standards adopted by the City Council in this Policy. d. Required Content of Expense Report. Each Expense Report shall itemize all expenses associated with the event, meeting, conference, travel, or other Qualifying Occurrence for which reimbursement is sought, including any expense paid through use of a City-issued credit card or reconciled through a cash advance.
e. Council Member Certification and Supporting Information. The Council Member submitting the Expense Report shall certify that the

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Indio City CouncilMay 20, 2026

Indio City Council
May 20, 2026