Agenda — Indio City Council, July 15, 2026 (part 3 of 10)

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 330 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 5 Well Sites
Covered Equipment: (21 Locations)
WELL 1C (1) :Swamp Cooler
WELL 1E (1) AHU Qty 1 Condenser - 20X22X1 (1) Wall filter WELL 13 (1) AC Unit
PLANT 1 (1) Package Unit
WELL BB (3) AHU’s & (3) Condensers- (1) 20x22x1 Wall Filter TERRA LAGO (1) Mini Split System
SHADOW LAKES (1) Swamp Cooler (4) 24X24X1 Wall Filters
WELL 13A (1) AHU & (1) Condenser (1) 20x22x1 Wall Filter WELL AA (1) AHU & (1) Condenser (1) 20x22x1 Wall Filter PLANT 2 (1) Swamp Coolers
PLANT 4A (1) Swamp Cooler
PLANT 4B (1) Swamp Cooler
PLANT 4C (1) Swamp Cooler
PLANT 4 RESERVIOR (1) Swamp Cooler, (1) AHU & (1) Condenser Roof mounted PLANT 4 CHLORINE (1) Swamp Cooler
WELL Z (1) AHU & (1) Condenser
Well V (1) Package unit- floor mounted- (1) 20x30x1 Wall Filter Well S (1) Package unit- floor mounted- (1) 20x24x1 Wall Filter Well W (1) Package unit- floor mounted- (1) 20x24x1 Wall Filter Well T (1) Package unit- floor mounted-(1) 20x30x1 Wall Filter Plant 3 (2) Package units- floor mounted.

PLANT 3 RESERVIOR (2) Package Units
PLANT 3A (1) Swamp Cooler
PLANT 3B (1) Swamp Cooler
Well U (1) AHU & (1) Condenser – (1) 22x22x1 Wall Filter Quarterly Maintenance: Price Per Quarter- $5,500.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Verify operations of evaporative coolers- report any issues found. • Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control.

Page 28 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 331 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 6 Annual Maintenance: Price Per Annual- $13,750.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Replace evaporative cooler media, add cleaning tablets 2x a year. • Flush the drain lines.

Page 29 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 332 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 7 Teen Center
Covered Equipment: (1 Building)
RTU1
RTU2
RTU3
RTU4
RTU5
Split System 1
Split System 2
Exhaust Fan 1
Quarterly Maintenance: Price Per Quarter- $1,725.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Verify operations of evaporative coolers- report any issues found. • Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $2,800.00
Everything in a quarterly maintenance plus the following:
• Wash the condenser coils.
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.

Page 30 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 333 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 8 Senior Center
Covered Equipment: (1 Building)
AC1 Split System 1
AC2 Split System 2
AC3 Exhaust Fan 1
AC4
AC5
Quarterly Maintenance: Price Per Quarter- $1,550.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $2,900.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.

Page 31 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 334 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 9 Coachella Valley History Museum
Covered Equipment: (1 Site with Multiple Buildings)
(2) Mini Split Systems
(5) Split Systems
(1) Package Unit
Quarterly Maintenance: Price Per Quarter- $2,950.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control.

Annual Maintenance: Price Per Annual- $3,650.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.

Page 32 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 335 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 10 Indio Performing Arts Center
Covered Equipment: (1 Building)
(20) Package Units
(6) EX Fan
(2) Swamp Coolers
Quarterly Maintenance: Price Per Quarter- $5,300.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $6,455.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Replace evaporative cooler pads (12’’ Thick) and belts • Clean evaporative cooler pads 1x a year
• Flush the drain lines.

Page 33 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 336 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 11 Public Safety Building
Covered Equipment:
(2) Rooftop packaged air conditioning units
(2) Mini Spit units
(3) VRF Condensers
(39) VRF Fan Coils
(8) Exhaust Fans
(1) Walk in cooler
Quarterly Maintenance: Price Per Quarter- $4,350.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control. • Walk in Cooler- Check operations, verify door seals, verify fan operation, verify light operation, verify temperature settings, verify temp probe operation, clean condenser coil, check condenser fan.

Annual Maintenance: Price Per Annual- $4,676.00
• Everything in a quarterly maintenance plus the following:
o Wash the condenser coils.
o Flush the drain lines.
o Verify operation of exhaust fans.
o Walk in Cooler- Clean condenser coil, check refrigerant charge, take amp draw readings from all major components.

Clarifications:
• We understand we require a chaperon to be with us the whole time we are on site at this property.
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 337 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 12 Call Center
Covered Equipment:
(8) Rooftop packaged air conditioning units
(4) Leibert Condensers.
(4) Leibert Fan Coils
(3) LG VRF Condensers.
(3) VRF Fan coils.
(2) Upblast Exhaust Fans.

Quarterly Maintenance: Price Per Quarter- $2,987.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control. • Ice Makers- Flush, Clean and sanitize. Empty ice bin. Descale- Ice cube depth probe, if applicable. Run multiple complete ice building cycles. Replace filter 2x per year.

Annual Maintenance: Price Per Annual- $2,987.00
• Everything in a quarterly maintenance plus the following:
o Wash the condenser coils.
o Flush the drain lines.
o Verify operation of exhaust fans.
o Ice Maker- check refrigerant charge, take amp draw readings Clarifications:
• We understand we require a chaperon to be with us the whole time we are on site at this property.
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages

Page 35 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 338 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 13 Police Station
Covered Equipment:
(1) Air Handling Unit
(1) Cooling Tower
(2) Split Systems
(1) Package Unit
Quarterly Maintenance: Price Per Quarter- $3,300.00
• Replace the filters for the rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control. • Verify operations of air handler
• Verify operations of cooling tower.
• Clean cooling tower media and sump.
• Shut down tower to clean the sump, spray nozzles, fill media, and sump strainer. • Grease the fan motor bearings.
• Unclog any spray nozzles that have restricted flow.
• Fill the sump up to the proper operating level.

Annual Maintenance: Price Per Annual- $3,400.00
• Everything in a quarterly maintenance plus the following:
o Wash the condenser coils.
o Flush the drain lines.
o Verify operation of all covered equipment.

Page 36 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 339 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 14 Fire Station 1
Covered Equipment: (1 Building)
(3) Rooftop packaged air conditioning units
(1) VRF Condensing unit
(12) VRF Fan Coils
(2) Mini split condensers
(2) Exhaust Fans
(2) Ice Maker
(2) Commercial Refrigerators
Quarterly Maintenance: Price Per Quarter- $4,275.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Wash the condenser coils.
• Check for abnormal operation of covered equipment.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control. • Ice Makers- Flush, Clean and sanitize. Empty ice bin. Descale- Ice cube depth probe, if applicable. Run multiple complete ice building cycles. Replace filter 2x per year.

Annual Maintenance: Price Per Annual- $4,558.00
• Everything in a quarterly maintenance plus the following:
o Wash the condenser coils.
o Flush the drain lines.
o Verify operation of exhaust fans.
o Ice Maker- check refrigerant charge, take amp draw readings Clarifications:
• We understand we require a chaperon to be with us the whole time we are on site at this property.
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages

Page 37 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 340 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 15 Fire Station 3
Covered Equipment: ( 1 Building)
CU1
AHU1
CU2
AHU2

ICEMACHINE
Swamp Cooler 1
Quarterly Maintenance: Price Per Quarter- $1,750.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Verify operation of ice machine, drain and clean ice builder. • Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $4,850.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.
• Replace ice machine water filter 2x per year along with deep clean • Replace the swamp cooler pads
Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages

Page 38 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 341 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 16 Fire Station 4
Covered Equipment: ( 1 Building)
SC 1 EVAP COOLER
MS1 SPLIT SYSTEM
CU1

ICE MACHINE

HUNG FAN COIL
RTU-1 LOBBY CAPTAINS QUARTERS
RTU-2 SLEEPING QUARTERS
RU-3 LIVING AREAS
Quarterly Maintenance: Price Per Quarter- $2,400.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Verify operation of ice machine, drain and clean ice builder. • Wash split system filters.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $4,950.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Replace evaporative cooler pads (12’’ Thick) and belts • Clean evaporative cooler pads 1x a year
• Flush the drain lines.
• Replace ice machine water filter 2x per year along with deep clean Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages

Page 39 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 342 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 17 Fire Station 5
Covered Equipment: ( 1 Building)
RTU-1 OFFICE
RTU 2 BEDROOMS
RTU3 LIVING-TV-KITCHEN
RTU 4 GYM
CU1
CU2
Ice Machine
SPLIT SYSTEM 1
EF1
EF2
Swamp Cooler 1
Swamp Cooler 2
Quarterly Maintenance: Price Per Quarter- $2,000.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Verify operation of ice machine, drain and clean ice builder. • Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $5,800.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.
• Replace the evaporative pads for the swamp coolers
• Replace ice machine water filter 2x per year along with deep clean Clarifications:
• Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages

Page 40 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 343 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 18 Corporate Yard
Covered Equipment: ( 3 Buildings)
Middle Roof Upper Roof
EF3 CU-4
EF4 CU-5
EF5 EC-15
EF6 EC-16
EC8
EC9
EC10
EC11
EC12
EC13
EC14
AC-10
Quarterly Maintenance: Price Per Quarter- $4,000.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Wash the evaporative cooler media.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Main Roof
EC-1
EC-2
EC-3
EC-4
EC-5
EC-6
EC-7
MA-1
CU-1
CU-2
CU-3
EF-1
EF-2
A1 R2
A2 R3
A3 R4
A4 R5
A5 R6
A6 R7
A7 R8
AC9
AC 8RTU10

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 344 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 19 Annual Maintenance: Price Per Annual- $19,650.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Replace evaporative cooler pads(12’’ Thick), belts, add cleaning tabs • Clean evaporative cooler pads 1x a year
• Flush the drain lines.

Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages
Exclusions:
• Permits, Bonds, & Fees
• Structural modifications
• Repair any existing deficiencies
• Filters for ice maker, commercial refrigerator and walk in cooler • Repair any existing refrigerant leaks
- End of Corporate Yard -

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 345 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 20 Council Chambers
Covered Equipment: (1 Building)
(1) AC1
(1) Mini Split
Quarterly Maintenance: Price Per Quarter- $875.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $2,000.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.
• Clean the condenser coils and evaporator coils
Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 346 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 21 Pricing

LABOR RATES
Labor Type Regular Time Over Time Double Time
HVAC General Service $165 $247.5 $330
HVAC Central Plant Service $185 $277.5 $370
HVAC Controls $190 $285 $380
Trip Charge: $100 per visit.

Definition of labor types and hours classifications:

HVAC General Service: Package units, exhaust fans, air handlers, VFD’s for (package units, air handlers, exhaust fans), process piping, humidifiers, condensate drains, CAV/VAV, and ductwork.

HVAC Central Plant Service: Chillers, cooling towers, boilers, feed tanks, heat exchangers, VFD’s for (pumps, cooling towers, chillers, boilers), and pumps.

HVAC Controls: Any type or work involving a building automation system (DDC) programming, graphics, trouble shooting, wire tracing, sensor calibration, sensor replacement, controller repairs, controller replacement, low voltage wiring for such systems, remote support, and onsite visits. Variable Refrigerant Flow Systems
Regular Time: Monday through Friday 6AM to 3PM.

Over Time: Monday through Friday Before 6AM or after 3PM, or any time worked after the 8th consecutive hour, or any time on the weekends.

Double Time: Any time after the 12th consecutive hour worked or major holidays.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 347 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 22 City Hall:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $16,645.00
Total: (yearly investment) $49,935.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $17,625.00

COMBINED TOTAL YEARLY INVESTMENT: $67,560.00
Library:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $8,445.00
Total: (yearly investment) $24,335.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $9,510.00
COMBINED TOTAL YEARLY INVESTMENT: $34,845.00
EOC Building:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $2,030.00
Total: (yearly investment) $6,090.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $3,300.00
COMBINED TOTAL YEARLY INVESTMENT: $9,390.00
Well Sites:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $5,500.00
Total: (yearly investment) $16,500.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $13,750.00
COMBINED TOTAL YEARLY INVESTMENT: $30,250.00

Page 45 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 348 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 23 Teen Center:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $1,725.00
Total: (yearly investment) $5,175.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $2,800.00
COMBINED TOTAL YEARLY INVESTMENT: $7,975.00
Senior Center:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $1,550.00
Total: (yearly investment) $4,650.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $2,900.00
COMBINED TOTAL YEARLY INVESTMENT: $7,550.00
Coachella Valley History Museum:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $2,950.00
Total: (yearly investment) $8,850.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $3,650.00
COMBINED TOTAL YEARLY INVESTMENT: $12,500.00
Indio Performing Arts Center:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $5,300.00
Total: (yearly investment) $15,900.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $6,455.00

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 349 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 24 COMBINED TOTAL YEARLY INVESTMENT: $22,355.00
Public Safety Building:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $4,350.00
Total: (yearly investment) $13,050.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $4,676.00
COMBINED TOTAL YEARLY INVESTMENT: $17,726.00
Call Center:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $2,987.00
Total: (yearly investment) $8,961.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $2,287.00
COMBINED TOTAL YEARLY INVESTMENT: $11,948.00
Police Station:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $3,300.00
Total: (yearly investment) $9,900.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $3,400.00
COMBINED TOTAL YEARLY INVESTMENT: $13,300.00
First Station 1:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $4,275.00
Total: (yearly investment) $12,825.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $4,558.00

Page 47 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 350 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 25 COMBINED TOTAL YEARLY INVESTMENT: $17,383.00
Fire Station 3:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $1,750.00
Total: (yearly investment) $5,250.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $4,850.00
COMBINED TOTAL YEARLY INVESTMENT: $10,100.00
Fire Station 4:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $2,400.00
Total: (yearly investment) $7,200.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $4,950.00
COMBINED TOTAL YEARLY INVESTMENT: $12,150.00
Fire Station 5:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $2,000.00
Total: (yearly investment) $6,000.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $5,800.00
COMBINED TOTAL YEARLY INVESTMENT: $11,800.00
Corporate Yard:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $4,000.00
Total: (yearly investment) $12,000.00

Page 48 of 281 ends

Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 351 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 26 Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $19,650.00
COMBINED TOTAL YEARLY INVESTMENT: $31,650.00
Council Chambers:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $875.00
Total: (yearly investment) $2,625.00
Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $2,000.00
COMBINED TOTAL YEARLY INVESTMENT: $4,625.00
Totals for all sites above
All Quarterly Maintenances: $209,246.00
All Annual Maintenances: $112,161.00
Total Combined Yearly Investment: $321,407.00
(Prices valid for 30 days)
Proposal Submitted:

By: Brad Kincaid
Title: President
Date: 4/29/2026
Proposal Acceptance:

By:_________________________
Title:_______________________
Date:_______________________

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INSURANCE
(A)INSURANCE REQUIREMENTS. Contractor shall provide and maintain insurance, acceptable to City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees.

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:

VII. Contractor shall provide the following scope and limits of insurance:

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

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

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

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

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

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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;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

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

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

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

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before City’s own

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insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow 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 City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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EXHIBIT “E”

REQUEST FOR PROPOSALS

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 356 of 1638 ADDENDUM NO. 2
March 31, 2026
City of Indio Heating, Ventilating, and Air Conditioning (HVAC) Repair and Replacement Services
To All RFP holders:

Notice is hereby given that the following clarifications, amendments, additions, deletions, revisions and/or modifications from part of the Contract Documents, has changed original or previously issued documents only in the manner and to the extent stated. The proposal shall reflect all addendum changes and shall make reference in his/her proposal documents to all addenda issued on the project.

1. Replace RFP Document with Attachment No.1 Titled: RFP Heating, Ventilating, and Air Conditioning (HVAC) Repair and Replacement Services Proposals shall acknowledge receipt of Addendum No.2 by completing and signing the attached Addendum Acknowledgement form as part of the proposal documents.

END OF ADDENDUM

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REQUEST FOR PROPOSAL
to provide
Heating, Ventilating, and Air Conditioning (HVAC)
Repair and Replacement Services
Date of Issuance: Monday March 9, 2026

RESPONSES MUST BE RECEIVED NO LATER THAN
3:00 pm, Wednesday 22, 2026
ELECTRONIC SUBMITTAL TO:
https://pbsystem.planetbids.com/portal/32404/portal-home

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 358 of 1638 Table of Contents
I. PURPOSE ......................................................................................................... 3 II. BACKGROUND ................................................................................................. 3 III. SCOPE OF SERVICES ........................................................................................ 3 IV. SCHEDULE........................................................................................................ 4 V. LIST OF INTERESTED PROPOSERS................................................................... 5 VI. QUESTIONS ..................................................................................................... 5 VII. NO CONTACT CLAUSE ...................................................................................... 7 VIII & IX. SUBMITTAL FORMAT............................................................................... 7 X. MAINTENANCE SERVICES AGREEMENT...........................................................10 XI. GENERAL ADMINISTRATIVE INFORMATION..................................................10 XII. SUBMITTAL DUE DATE...................................................................................10 XIII. SELECTION PROCESS.....................................................................................11 XIV. ACCEPTANCE/REJECTION/MODIFICATION ....................................................11 XV. AUTHORITY TO WITHDRAW ..........................................................................11 XVI. AWARD OF CONTRACT ...................................................................................12 XVII. ATTACHMENTS...............................................................................................12 P ag e | ii

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I. PURPOSE
The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified service providers for Heating, Ventilating, and Air Conditioning (HVAC) repair and replacement services for all City of Indio Facilities . The City of Indio is seeking qualified (“Contractor(s)”) for the On-Call Repair and Replacement Services for all City of Indio Facilities. City Of Indio intends to enter into agreements with the highest qualified contractor(s) after all submittals are evaluated and negotiations completed. The selected contractor(s) must have adequate knowledge of requirements of state and federally funded projects; state and federal drinking water standards; and American Water Works Association standards. Experience working in the water industry within the Coachella Valley is preferred.

II. BACKGROUND
The City of Indio is the largest and fastest growing city in the Coachella Valley, with a population of more than 95,000 residents. Incorporated on May 16, 1930, Indio is located in Riverside County between the San Bernardino and Santa Rosa Mountains and serves as a key gateway to the Coachella Valley, providing convenient access to regional transportation corridors, including Interstate 10 (I10).

Known as the “City of Festivals,” Indio has earned an international reputation as a premier destination for large-scale cultural, music, sports, entertainment, and culinary events. With nearly 1.5 million visitors each year, the City supports a dynamic visitor economy and welcomes attendees from across the region, state, and world.

Indio is also a growing and forward-looking community with continued investment in public infrastructure, economic development, and quality-of-life improvements.

The City provides a full range of municipal services and is committed to effective governance, innovation, and partnerships that strengthen neighborhoods, enhance public safety, and support sustainable growth for residents, businesses, and visitors alike. For more information about the City of Indio, visit:
www.indio.org.

III. SCOPE OF SERVICES
Interested contractors shall address in their statement of qualifications with the contractor’s ability to provide the following services if selected by the City of Indio.

The City of Indio intends to enter into agreements with the highest qualified contractor(s) after all submittals are evaluated and negotiations completed.

Provide full-service HVAC maintenance and repair services to Water Utility and Maintenance facilities as outlined in this document (Attachments No.3 and No. 4).

Contractor(s) shall retain professional personnel who have successfully and competently provided municipal facility HVAC maintenance and repair services on projects of similar scope and complexity. It shall be the contractor’s responsibility to develop and implement a routine maintenance program to effectively maintain, to the satisfaction of

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the City of Indio, all aspects of HVAC systems within Water Utilities and Maintenance.

For the purpose of this contract, routine preventative HVAC maintenance shall be defined as scheduled routine inspection and proactive servicing of HVAC systems to facilitate heating/cooling with a minimal downtime. The routine maintenance and all repairs shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, meet warranties and be in conformance with all applicable laws, codes and regulations. The successful contractor’s maintenance program and repairs shall, at a minimum, include but not limited to the specifications outlined herein.

Interested contractors shall address in their submittals the contractor’s ability to provide all the following services if selected by City of Indio:
1) Provide the following for all sites described in Attachment No. 3:
i. Quarterly HVAC Preventative Maintenance
ii. Annual Exhaust Fan Preventative Maintenance (PM)
iii. Annual Furnace Preventative Maintenance (PM)
iv. General and Emergency Repairs
2) See attachment No. 4 for Air Conditioning Specifications. 3) On Call as Needed Mechanical Engineer available to provide i. Stamped mechanical engineering drawings
ii. Address Request for Information or Clarification
iii. Provide site visits, inspections and recommendations It is the contractor(s) responsibility to provide an appropriate level of staffing and provide appropriate tools and vehicles necessary to support all facility HVAC maintenance functions during hours of maintenance and for response after normal working hours. Contractor shall maintain the appropriate license and will comply with all other license, insurance and permit requirements of the City of Indio, State and Federal government, as well as all other requirements of the law.

IV. SCHEDULE
Proposals will be reviewed in a timely manner by a selection committee composed of the City of Indio’s personnel. The review of submittals will be based on, but not limited to, the following minimum criteria:
i. Each statement of qualification will be reviewed for completeness, responsiveness and adequacy of documentation
ii. The contractors understanding of the scope of services and approach to providing service.
iii. The qualifications and relevant experience of the contractor.

The City of Indio will be the sole and exclusive judge of quality and compliance with specifications in any of the matters pertaining to this RFP. The City of Indio reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City of Indio and make the selection based on its sole discretion, including negotiating with one or more of the contractors for the same

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services.

DEADLINES:

Release of RFP March 9, 2026
Mandatory Site Visit Reference Planet Bids for time and location
Submittal of Questions Deadline April 10, 2026, by 3:00PM The City of Indio Response to Questions
by
April 15, 2026, by 3:00PM
Proposal Due Date April 22, 2026, by 3:00PM
Proposal Review/Evaluation Week of April 27, 2026
Interview Finalists (if needed) Week of May 4 2026
Negotiation of Contract (if needed) Week of May 11, 2026 Award of contract May 20, 2026
V. LIST OF INTERESTED PROPOSERS
The full content of the RFP, and any addendums, will be available through the City of Indio PlanetBids portal. All contractors interested in proposing on this contract are encouraged to sign-up as a prospective bidder for the RFP. This list will be used to email any project updates, addendums, changes or responses to written inquires and will be distributed to all interested companies.

VI. QUESTIONS
All questions regarding this RFP shall be submitted in writing through the PlanetBids portal https://pbsystem.planetbids.com/portal/32404/portal-home. using the Q&A tab. The date and time when questions must be submitted are shown in “Section IV – Schedule” of this RFP. Questions with their answers will be posted in the PlanetBids portal so that everyone gets them at the same time.

Please check posted responses to questions prior to asking your questions, as it may have already been asked by another bidder and answered by the City of Indio.

Provide answers to the following questions:
a. Describe your company’s training requirements and continuing education programs for technicians and field personnel. Include the following:
i. Safety certifications (e.g., OSHA 10/30, confined space entry) ii. Technical certifications (e.g., NATE, EPA 608, HVAC Excellence)

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iii. Onboarding procedures and timelines
iv. Frequency of refresher or recertification courses
v. Customer service and communication training (if applicable) b. Describe your company’s emergency response protocol and staffing availability.

Please confirm:
i. Availability of in-house staff during standard business hours (Monday– Friday, 8:00 AM to 5:00 PM)
ii. Whether your staff can be on-site within two (2) hours of an emergency notification
iii. After-hours and weekend emergency response procedures (e.g., on-call rotations, third-party dispatch services)
iv. Whether emergency responses incur additional costs and how those are calculated
c. Outline your approach to preventive maintenance. Please provide:
i. A sample checklist or description of services included ii. Frequency of inspections or service intervals
iii. Method used to schedule and track preventive work
iv. Reporting tools or deliverables provided to the client d. What digital platforms or technologies does your company use to manage HVAC service operations? Please include information on:
i. Work order tracking systems
ii. Client communication and reporting portals
iii. Preventive maintenance scheduling software
iv. Real-time service updates or technician tracking (if available e. Describe your company’s approach to environmentally responsible service delivery.

Include practices or products related to:
i. Refrigerant recovery and recycling
ii. Use of environmentally friendly cleaning products
iii. Recommendations for energy-efficient equipment or systems iv. Participation in sustainability or green certification programs (e.g., LEED support)

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VII. NO CONTACT CLAUSE
Between the date that The City of Indio releases the RFP and the time the City Council Board awards the contract, all communication between the City of Indio and proposers regarding this RFP, should be put in the PlanetBids portal. Because the City of Indio elected City Councilmembers/Board members will make the final decision and in fairness to all respondents, any ex parte contact between proposers and any individual City Councilmembers/Board members or other City Staff during the above stated period, is strongly discouraged and may subject the proposer to disqualification.

VIII. SUBMITTAL PROCEDURES (PLANETBIDS)
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal at the City of Indio’s sole discretion. The submittal shall contain the name of this RFP and respondents shall provide one (1) electronic copy of the Work Proposal and one (1) electronic copy of the Cost Proposal (in a separate uploaded pdf). All responses are to be uploaded into separate files in the City of Indio’s PlanetBids portal.
https://pbsystem.planetbids.com/portal/32404/portal-home.

Hard copies, faxed, or emailed submittals will not be accepted. All proposals shall be uploaded no later than date and time shown in “Section IV – Schedule” of this RFP. Please allow sufficient time for the uploading of documents into the portal.

IX. SUBMITTAL FORMAT
All respondents must submit qualifications according to the specifications set forth below. Submittals must be relevant to the specific work required and should not exceed 30 pages of information, single sided, 8.5” x 11” sized paper, with a minimum 11-point font. The page limit does not include the appendices for full resumes, front and back covers, tabs to separate sections, the table of contents, or cost proposal.

A. Work Proposal

1. Cover Letter
a. Include a brief description of the contractors.

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b. Provide the name and contact information for the Project Manager of the contractor, who will be the City of Indio’s main point of contact for the services provided.
c. The Cover Letter shall address any exceptions to the Maintenance Serveries Agreement (Attachment No. 2) the proposer would like the City to consider for the proposed agreement.
d. This letter must also identify the name and contact information for the person(s) having proper authority to sign contracts for the contractor.

2. Statement of Qualifications
a. A listing of the contractor’s project personnel including relevant experience, or area(s) of expertise they bring to the team. Identify their role(s) in providing the scope of services and why they are selected to be a part of this RFP.

Resumes are not required, but if included, they should be in the appendix for your proposal.
b. Organization must have been doing business as a contractor for a minimum of five (5) years.
c. There shall be one person from your contractor identified in your proposal who will be the Project Manager for City of Indio. This person will be responsible for the work output of the contractor; including but not limited to, approving and signing task orders assigned by the City of Indio, correspondence with the City of Indio personnel, residents, developers, etc., and for attending meetings and addressing engineering-related issues at these meetings, as needed. This person’s contact information shall be included in the proposal. d. Identify ability of the Project Manager to manage the proposed contract and availability of personnel.
e. The contractor is required to include a "Conflict-of-Interest" statement, ensuring there's no potential conflict between the contractor and the City of Indio. However, it's recognized that certain working relationships may appear as conflicts due to the availability of contractors in the area. i. Potential conflicts of interest may arise if the contractor is simultaneously working on a project for another company or agency that the City needs to review while representing the City of Indio’s interests. For example, your contractor may provide similar services to a City or utility company that is adjacent or within the City of Indio’s limits.
ii. The contractor should acknowledge any potential conflicts of interest and outline their plans to address them.
a. This may involve disclosing any existing relationships that could be perceived as conflicts and detailing how you intend to manage these situations transparently and ethically; and/or
b. The contractor should have a method to assure that the proposed team can prioritize the City of Indio’s interests on the City of Indio assigned tasks, above any conflicting obligations, and adhere to

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all relevant ethical guidelines and regulations.
f. Provide up to three (3) public agency references, if any, where you provide similar on-call services. While many contractors can provide a long list of agencies where they provide similar on-call services (which can be included in other parts of the RFP), the City of Indiowould like you to select up to three (3) examples that are the most similar to the size and scope of services you envision to provide to the City of Indio.
i. Provide the name of agency, dates (month/year), and length of the contract.
ii. Provide a brief summary of the scope of work you provide for them. iii. Highlight specific similarities to the Scope of Services included in this RFP.
iv. Provide names and current contact information (if available) for someone who can verify your contractors work on that on-call contract.
g. Any anticipated subcontractor(s) shall be identified. Describe your contractor’s working relationship with the subcontractor and the tasks they will provide.

3. Scope of Work
a. Provide a description of the work objectives (tasks, sub-tasks, and deliverables) that are anticipated to be provided. The scope shall include but not be limited to the items listed in “Section III - Scope of Services”. b. Please address what you believe to be the most important items, as well as items that you believe are the most important for engineering services for the City of Indio. Provide a brief synopsis of the proposal summarizing the contractor’s unique qualities and the overall benefit of the proposal for the City of Indio and your understanding of the scope of services.
c. Note: The description of your approach to providing scope of work should demonstrate to the evaluator that you have good understanding of what it takes to provide each task shown in “Section III – Scope of Services” of this RFP.

B. Cost Proposal (separate file/Attachment No. 5)
a. The contractor is to submit a detailed cost proposal for all services and materials anticipated in completing the scope of services. b. Cost proposals shall include hourly billing rates per classification of all personnel each task and/or sub-task defined.
c. Any proposed direct costs, travel and/or mark-ups of outside services and subcontractor work shall be described in the cost proposal. City of Indio is limiting mark-up of outside direct costs/services and subcontractor work on this on-call agreement to a maximum of 10%. d. Any proposed rate increases over time will need to be clearly described.

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If there will be revised rate sheets for the year, the specific calendar date by when they will be provided (i.e. by January 10th each year) needs to be identified. Note: The selected on-call contractor(s) will only bill for task orders authorized, and it may or may not total up to the full amount awarded in any given fiscal year.

X. MAINTENANCE SERVICES AGREEMENT
For Maintenance Service Agreement (Attachment No. 2) is included for review and comment. The contractor’s submission of a proposal indicated affirmative compliance of such terms, unless the proposal indicates that compliance is not possible. Proposed revisions should be addressed in the cover letter. The City of Indio reserves the right to make any revisions to the proposed Maintenance Services Agreement.

XI. GENERAL ADMINISTRATIVE INFORMATION
Each respondent understands and agrees that the City of Indio, its departments, their officers, employees or agents are not responsible for:
a. Any costs incurred by a respondent in the preparation, delivery or presentation of a proposal.
b. Any costs incurred by a respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with City of Indio’s Water Utility and Maintenance.
c. Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City of Indio. The use of such information or data provided by the City of Indio, its officers, employees or agents is intended to be used at the sole discretion and risk of the contractor in the preparation of a proposal pursuant to this Request for Proposal only. d. The selected contractor shall comply with any and all applicable Federal and State laws pertaining to employment.

All proposals submitted to City of Indio in response to this RFP shall become the property of City of Indio’s Water Utility and Maintenance and will not be returned; and such proposals, after the contract is awarded, are subject to the California Public Records Act.

XII. SUBMITTAL DUE DATE
The submittal package must be received on/or prior to the submittal date and time specified in "Section IV - Schedule" of this RFP. Contractors mailing a proposal must allow sufficient delivery time to ensure timely receipt of the proposal by the

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date and time specified. Submittals arriving after the deadline will not be considered.

XIII. SELECTION PROCESS
After the receiving deadline, each proposal will be reviewed in a timely manner by The city of Indio staff and selection committee. The committee will rank the contractors for contract negotiations based upon the materials submitted within the Work Proposal. A copy of the Evaluation Criteria is provided in Attachment No. 1.

Notwithstanding, City of Indio will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City of Indio reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City of Indio and make the selection based on its sole discretion, including negotiating with one or more of the proposers for the same service.

The City of Indio will open contract negotiations with the top-ranked contractors.

The successful contractor will be expected to enter into the Agreement for Maintenance Services Agreement with City of Indio.

Should negotiations with the top-ranked contractors dissolve, the City of Indio will open the cost proposal and begin contract negotiations with the next ranked contractor, and so forth until an agreement is reached.

The City of Indio reserves the right to contract with multiple contractors or reject all proposals at its sole discretion. Contractors are encouraged to keep their proposals brief and relevant to the specific work requirements.

XIV. ACCEPTANCE/REJECTION/MODIFICATION
The city of Indio reserves the right to accept, reject, modify or cancel in whole or in part, this Request for Proposal. The City of Indio reserves the right to accept or reject any and all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer and to waive minor irregularities and technical defects in this proposal process. The City of Indio reserves the right to seek new proposals when it determines that it is in the best interest of the City of Indio to do so.

XV. AUTHORITY TO WITHDRAW
The City of Indio reserves the right to withdraw this Request for Proposal (RFP) without prior notice. The City of Indio makes no representation that any agreement will be awarded to any contractor as a result of having responded to this request.

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Based on the outcome of the Selection Committee’s evaluation of proposals, a recommendation will be submitted to the City Council Board for consideration of award. An award of a contract occurs when the contract is approved by the Indio City Council. Selection of a proposer with whom The City of Indio enters into contract negotiations with or a recommendation of an award by the Selection Committee or any other party does not constitute an award of a contract.

It is the intent of the City to award a contract to contractors for three (3) years plus two optional one-year renewals for a possible length of up to five years. The contract shall be performed on a work assignment (task order) basis as needed by the City of Indio. The contract will be based upon the specific rates of compensation negotiated. The City of Indio does not guarantee that there will always be sufficient work assignments to reach the maximum contract amount each fiscal year.

XVII. ATTACHMENTS
Attachment No. 1: Evaluation Matrix
Attachment No. 2: Maintenance Services Agreement
Attachment No. 3: City of Indio HVAC Items
Attachment No. 4: Air Conditioning Specs Details
Attachment No. 5: Cost Proposal

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No. 1

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Project Name:

Firm Name:

Proposal Evaluation Committee Member:

Date of Review:

Major Strengths:

Major Deficiency:

Project Manager’s Experience and Strengths:

Scoring Guidelines
Adjectival
Rating
Numerical Rating
(Raw Score)
Description
Excellent 10 The proposal significantly exceeds, in all aspects, the standard for evaluation.

Very Good 8 – 9 The proposal exceeds, to varying degrees, one or more of the requirements identified in the standard for
evaluation.

Good 5 – 7 The proposal meets all aspects of the standard for evaluation.

Fair 3 – 4 The proposal is slightly below the standard for evaluation but for the most part, complies with that
standard.

Poor 1 – 2 The proposal has major shortcomings when measured against the standard for evaluation
Unacceptable 0 One or more elements of the respondent’s proposal does not meet the minimum requirement of the
solicitation.

Note: The numerical rating (raw score) is multiplied by the factor’s weight to arrive at the weighted score. Please score the proposal according to the following criteria. Maximum points for each criterion are indicated in parentheses. Also please provide comments for each criterion.

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Project Name:

Date:

Criteria
No.

Evaluation Criteria Raw Score
(0-10)
Multiplier
(Factor Weight)
Weighted Score
1 Proposal responsiveness to the
complete Scope of Services, questions,
proposal format, and required
attachments.
(Maximum Points 25)
Review’s Comments:

2.5 0
2 The experience of the Proposer in similar
services, including the type, size, and
scope of those services.

Review’s Comments:

2.5 0
3 Quality of references from current or
former clients where the Proposer
provides services of a similar type, size
and scope.
(Maximum Points 25)
Review’s Comments:

2.5 0
4 The total net proposal price for the
complete Scope of Services is described
in the RFP.
(Maximum Points 25)
Review’s Comments:

2.5 0
Total Score 0

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No. 2

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MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN

INDIO WATER AUTHORITY,

A JOINT POWERS AUTHORITY
AND
[***NAME***]
[***INSERT ENTITY TYPE AND STATE OF
INCORPORATION***]
FORM APPROVED FEBRUARY 2026

MAINTENANCE SERVICES AGREEMENT
FOR [Insert description of services, e.g. routine, recurring maintenance]

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BETWEEN THE INDIO WATER AUTHORITY AND [Insert Contractor’s Name] THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this [____] day of [________], 20[__] (“Effective Date”), by and between the Indio Water Authority (“IWA”), a Joint Powers Authority and [Insert Contractor’s Name], [Insert entity, state of corporation and type of entity, e.g. a California corporation, a limited partnership, a limited liability company] (“Contractor”). For the purposes of this Agreement IWA and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. IWA has sought by [Insert method of solicitation, e.g. issuance of request for proposals, direct contract] the performance of the [Insert same brief description of services as above] defined and described particularly in Section 2, “Scope of Services” of this Agreement.

2. Contractor was selected by IWA to render such services for the [Insert project name] project (“Project”) as set forth in this Agreement.

3. Contractor desires to perform and assume responsibility for those services required by IWA on the terms and conditions set forth in this Agreement.

4. Contractor represents that it has the required competence and qualifications necessary for the satisfactory performance of [Insert same brief description of services as above].

5. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 “Scope of Services” 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. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 “Termination of Agreement,” of this Agreement, the Term of this Agreement commences on Effective Date and is through [Insert Date, recommend using end of current fiscal year], unless otherwise extended by written agreement of the Parties.
(b) The IWA Executive Director or designee may, in his or her sole discretion, unilaterally exercise an option to extend the term of the Agreement for an additional one or two years.

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SECTION 2. SCOPE OF SERVICES
Contractor promises and agrees to furnish to IWA all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [Insert type of service] maintenance services necessary for the Project as set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

SECTION 3. ADDITIONAL SERVICES
At any time during the Term of this Agreement, IWA Executive Director or designee may request that Contractor perform “Additional Work.” As used herein, “Additional Work” means any work which is determined by IWA Executive Director or designee to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or included in the Services set forth in Exhibit “A”. Contractor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with the applicable sections of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, IWA agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed [Insert Contract Amount], unless additional compensation is approved in writing in accordance with applicable sections of this Agreement. (b) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
(c) If this Agreement is extended pursuant to the applicable sections of this Agreement,” IWA shall pay the same rates specified in Exhibit “B” “Compensation.” (d) If Additional Work is authorized, Contractor will be compensated at the same rates and manner as set forth in this Agreement.

SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with IWA’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to IWA at the address set forth in this Agreement. (b) Each month Contractor shall furnish to IWA an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the

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following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. IWA Executive Director or designee shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by IWA, the original invoice shall be returned by IWA to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by IWA, IWA will use its best efforts to cause Contractor to be paid within fortyfive (45) days of receipt of Contractor’s correct and undisputed invoice. (d) Contractor shall notify IWA in writing no later than five (5) business days after invoicing for the Services that have reached eighty percent (80%) of the total contract price. This notification shall include a detailed breakdown of the total amount invoiced to date and the remaining balance of the contract price.

SECTION 6. ACCOUNTING RECORDS
Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of IWA during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.

Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

SECTION 7. SCHEDULE OF PERFORMANCE
Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Performance set forth in Exhibit “C” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule of Performance, IWA Staff shall respond to Contractor’s submittals in a timely manner. Upon request of IWA, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.

Extension of time for unforeseen circumstances. In the event that the Contractor is unable to meet the completion date or schedule of services, if any, due to circumstances beyond Contractor’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or

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stoppage, except strikes, lockouts, or work slowdown or stoppage of Contractor’s employees or subcontractors, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts, Contractor shall submit a written request for the additional time required to perform the work to the IWA Executive Director or Designee in accordance with Section 26 and 27 of this Agreement.

SECTION 8. CONTINUITY OF PERSONNEL
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify IWA of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

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 IWA. Contractor shall have no authority to bind IWA in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against IWA, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by IWA. (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 IWA, nor any elected or appointed boards, officers, officials, employees or agents of IWA, 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 IWA. (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 IWA’s employees. Contractor expressly waives any claim Contractor may have to any such rights. (d) The payment made to Contractor pursuant to this contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of IWA. IWA will not make any federal or state tax withholdings on behalf of Contractor. IWA shall not be required to pay any workers' compensation insurance on behalf of Contractor. (e) Indemnification for Employee Payments. Contractor agrees to defend and indemnify the IWA for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which the IWA may be required to make on behalf of Contractor or any employee of Contractor, or

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any employee of Contractor construed to be an employee of the IWA, for work done under this contract. This is a continuing obligation that survives the termination of this contract.

SECTION 10. STANDARD OF PERFORMANCE
(a) Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.
(b) Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including an Indio Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from IWA, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.
(c) Any employee of the Contractor or its subcontractors who is determined by IWA to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to IWA, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

SECTION 11. PERIOD OF PERFORMANCE [Insert as applicable: AND LIQUIDATED DAMAGES]
(a) Contractor shall perform and complete all Services under this Agreement pursuant to Section 1 “Term of Agreement,” (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion pursuant to the Schedule of Performance set forth in Exhibit “C.” Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to the Schedule of Performance, it is understood, acknowledged and agreed that IWA will suffer damage. (b) [Include the following IF IWA is including liquidated damages, delete otherwise] Pursuant to Government Code Section 53069.85, Contractor shall pay to IWA as fixed and liquidated damages, and not as a penalty, the sum of [Insert amount] dollars per day for each and every calendar day of delay beyond the Performance Time or beyond any completion of the Schedule of Performance.

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SECTION 12. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform while said dispute is decided by IWA. If Contractor disputes IWA’s decision, Contractor shall have such remedies as may be provided by law. IWA reserves the right to employ other Contractors in connection with the performance of the Services under this Agreement.

SECTION 13. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) 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 be liable for all violations of such laws and regulations in connection with 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 IWA. Neither IWA, nor any elected or appointed boards, officers, officials, employees or agents of IWA, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section. (b) Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment,” which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify IWA against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
(c) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Colorado River Basin Regional Water Board; Indio’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne

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Water Quality Control Act, to any ground or surface water in the State. i. Failure to comply with the laws, regulations and policies described in this section is a violation of law that may subject Contractor or IWA to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold IWA, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of IWA, its officials, officers, agents, employees or authorized volunteers. ii. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by IWA, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided under this Agreement. Upon request, IWA will provide Contractor with a list of training programs that meet the requirements of this paragraph. (d) To the extent applicable, Contractor, its employees, agents, or subcontractors use, generate, handle, transport, store, or dispose of any hazardous materials, hazardous substances, hazardous waste, petroleum products, or toxic substances in connection with the performance of the Services, Contractor shall be solely responsible for complying with all applicable federal, state, and local laws, regulations, and ordinances governing such materials, including, but not limited to, requirements relating to labeling, handling, storage, transportation, disposal, reporting, and employee training. Contractor shall be solely responsible for the proper handling and lawful disposal of any hazardous waste generated in connection with the Services and shall not dispose of any hazardous materials on IWA property or into any storm drain, sanitary sewer, or watercourse except in strict compliance with applicable law and with prior written approval from IWA. Contractor shall be responsible for any release, spill, discharge, or contamination caused by Contractor or its subcontractors and shall immediately notify IWA of any such release. Contractor shall indemnify, defend, and hold harmless IWA from and against any claims, damages, fines, penalties, cleanup costs, or liabilities arising out of or related to Contractor’s use, handling, storage, transport, or disposal of hazardous materials or hazardous waste in connection with the Services.

SECTION 14. PREVAILING WAGE LAWS
(a) Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,

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(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. [***Insert “If” OR “Since” as appropriate***] the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and [***Insert “If” OR “Since” as appropriate***] the total compensation is onethousand dollars ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. IWA shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold IWA, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1810, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
(b) [***Insert “If” OR “Since” as appropriate***] the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

SECTION 15. NONDISCRIMINATION
Contractor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

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SECTION 16. SAFETY
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and life saving equipment and procedures; ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and iii. Adequate facilities for the proper inspection and maintenance of all safety measures. iv. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the IWA any accident or other occurrence causing injury to persons or property during the performance of this Agreement. If required by the IWA Executive Director or designee, the report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.

SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with legal counsel reasonably acceptable to IWA) and hold harmless IWA and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Contractor or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the performance of Services by Contractor, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control.

Contractor’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event

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Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of IWA to monitor compliance with these requirements imposes no additional obligations on IWA and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend IWA as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement and this section. (c) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract related to insurance.

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 “D” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by IWA as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the IWA Executive Director or designee. Contractor agrees to provide IWA with copies of required policies upon request.

SECTION 19. BONDS
(a) PERFORMANCE BOND. If required by law or otherwise specifically requested by IWA in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to IWA concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by IWA. If such bond is required, no payment will be made to Contractor until it has been received and approved by IWA. (b) PAYMENT BOND. If required by law or otherwise specifically requested by IWA in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to IWA concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by IWA. If such bond is required, no payment will be made to Contractor until it has been received and approved by IWA.
(c) BOND PROVISIONS. Should, in IWA’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from IWA. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to IWA, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by IWA. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of IWA, cause the

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amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to IWA. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, IWA may terminate this Agreement for cause.
(d) SURETY QUALIFICATIONS. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to IWA. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to IWA.

SECTION 20. TERMINATION OF AGREEMENT
(a) IWA 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.
(b) Contractor may terminate this Agreement at any time with cause. Contractor must send IWA written notice of termination and specifically state the cause for termination. If Contractor and IWA cannot agree on a cure, this Agreement will be terminated and Contractor shall cease work progress thirty (30) days after IWA’s receipt of the written notice or earlier if written consent is provided by the IWA Executive Director or designee. (c) Upon termination of this Agreement by either Contractor or IWA, all property belonging exclusively to IWA which is in Contractor’s possession shall be returned to IWA.

Contractor shall furnish to IWA a final invoice for work performed and expenses incurred by Contractor prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 Method of Payment and Invoicing” of this Agreement. (d) Upon written notice, IWA 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. IWA will pay to Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. IWA 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.

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SECTION 21. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or postage prepaid and addressed as follows:

To IWA: Indio Water Authority
Attn: [Name], Executive Director
100 Civic Center Mall
Indio, California 92201
To Contractor: [Contractor]
Attn: [Name], [Title]
[Address]
[Address]
SECTION 22. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 23. ASSIGNMENT
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of IWA. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

SECTION 24. 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 IWA of any Services shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 25. 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.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by IWA Executive Director or designee or his or her designated representative. IWA Executive Director or designee shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that

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commit additional funds, consistent with Section 27 “Amendment” and IWA Executive Director’s contracting authority under the Indio Municipal Code.

SECTION 27. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by IWA. IWA Executive Director or designee shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed IWA Executive Director’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by IWA Governing Board. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. CONFLICTS OF INTEREST
(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 IWA or which would in any way hinder Contractor’s ability to perform 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 IWA’s Executive Director or designee. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of IWA in the performance of this Agreement. (b) IWA understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in performing services to other governmental agencies and private parties. Contractor is unaware of any stated position of IWA relative to such projects. Any future position of IWA on such projects shall not be considered a conflict of interest for purposes of this section.
(c) IWA understands and acknowledges that Contractor will, provide non-related services for other governmental agencies and private parties following the completion of providing the Services under this Agreement. Any such future services shall not be considered a conflict of interest for purposes of this section.

SECTION 29. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.

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SECTION 31. 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 IWA 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 32. 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 33. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement.

SECTION 34. FEDERAL PROVISIONS
[***Include this section only if applicable; delete otherwise. If applicable, you may also need to include some information in the RFP.***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “E” (“Federal Requirements”) attached hereto and incorporated by reference. With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURE PAGE FOLLOWS]

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MAINTENANCE SERVICES AGREEMENT
FOR [Insert description of services, e.g. routine, recurring maintenance] BETWEEN THE INDIO WATER AUTHORITY AND [Insert Contractor’s Name] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

Indio Water Authority Contractor
Date Date
Bryan H. Montgomery
Executive Director
Contractor

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EXHIBIT “A”

SCOPE OF SERVICES

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EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed [insert amount]. [Insert IWA’s requirements for performance/payment bonds, if applicable; if not required, state that they are not required.]

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SCHEDULE OF PERFORMANCE

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Exhibit “D”

INSURANCE
(A)INSURANCE REQUIREMENTS. Contractor shall provide and maintain insurance, acceptable to IWA, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees.

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Contractor shall provide the following scope and limits of insurance:

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

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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;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to IWA. (C) OTHER REQUIREMENTS. Contractor agrees to deposit with IWA, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy IWA that the insurance provisions of this contract have been complied with. The IWA Attorney may require that Contractor furnish IWA with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. IWA reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from IWA, Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

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

4. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by IWA 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.

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insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against IWA, 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 IWA, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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EXHIBIT “E”

FEDERAL PROVISIONS

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 396 of 1638 Attachment
No. 3

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 397 of 1638 Locations Items # of items
Fire Station 1 AC Units 7 # of items
AC Units 2 204
Swamp Cooler 1
AC Units 5 AC Units
Swamp Cooler 1 136
AC Units 7
Swamp Cooler 2 Swamp Coolers
Coachella Valley History
Museum AC Units 15 44
IPAC AC Units 20
Indio Police AC Units 14 WIC
Indio City Hall AC Units 3 1
AC Units 7
WIC 1 AC Split Units
Teen Center AC Units 6 4
AC Units 11
Swamp Cooler 16 AC
AC Units 24 2
Swamp Cooler 10
EOC Building AC Split Unit 4 AC Unit Split
Council Chambers AC Packet Unit 1 5
AC Units 6
Swamp Cooler 2 AC Unit Package
Exhaust 1 6
AC Units 5
Swamp Cooler 1 Exhaust
Plant 1 AC Units 1 3
Well 1C Swamp Cooler 1
Well 1E AC Units 1 AC Packet Unit
Well Terra Lago AC 1 3
Well Shadow Lake Swamp Cooler 1
Well 13 AC 1
Well 13A Sun City AC Units 1
Well AA AC Units 1
Swamp Cooler 2
Exhaust 2
Well 4A Swamp Cooler 1
Well 4C Swamp Cooler 1
Chlorine Room Swamp Cooler 1
Pump Room AC Units Split 1
Reservior 4 AC Units Split 1
Well 4B Swamp Cooler 1
Well S AC Packet Unit 1
Well V AC Packet Unit 1
Attachment No. 3 - City of Indio HVAC Items
Fire Station 5
Plant 2
Fire Station 4
Senior Center
Corrportate Yard
Indio Water Authority
Fire Station 3
Fire Station 4
Fire Station 5

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 398 of 1638 Well U AC Unit Package 1
Well Z AC Unit Package 1
Well T AC Unit Package 1
Well W AC Unit Package 1
Plant 3 Reservior AC Unit Package 2
Plant 3 Swamp Cooler 1
Plant 3A Swamp Cooler 1
Well 3B Swamp Cooler 1
Plant BB AC Units Split 3
Total 204

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 399 of 1638 Attachment
No. 4

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 400 of 1638 Attachment No. 4: Air Conditioning Specs Details 3/9/2026 Location # of Units Brand Model Serial Filter Size # of filters Notes Booster 1 1 RUUD RGEG2T300ADG40BBA F232400988 20*24*2 8 Well 1C 1 N/A 110507-2 N/A N/A N/A Swamp cooler, no identification Well 1B 1 Dayton N/A N/A N/A N/A Exhaust Fan.

Well 1E 1 RUUD RA1460CC1NB W022179556 20*22*1 N/A
Booster 2 2 Frigiking FS450A 2817437 2' x 2' x 3" N/A Swamp cooler Well 2C 1 Frigiking FS450A 2817436 2' x 2' x 3" N/A Swamp cooler Well 2D 1 Dayton 9FZK5 N/A N/A N/A Shutter mounted exhaust fan Booster 3 2 Trane Voyager TSC120F4E0A03000000000000 130213740L 20*25*2 8 Well 3C 1 Frigiking FS450A 2817439 26*29 3 Swamp Cooler Well 3B 1 Frigiking FS450A 2817440 26*29 3 Swamp Cooler Well 3A 1 Frigiking FS450A 2817441 26*29 3 Swamp Cooler Booster 4 1 Goodman company ARUF60D14AB 1304093510 20*25*1 1 Well 4A 1 Frigiking FS450A 2817441 26*29 3 Swamp Cooler Well 4B 1 MASTER COOL ASA5112 KD1270094 N/A 4 Swamp cooler Well 4C 1 MASTER COOL ASA5113 KD1270095 N/A N/A
Well S 1 American Standard YCY060G1M0AD 6214MX58H 20*24*1 1 Terra Lago 1 FUJITSU Halcyon DC INVERTER A0U24CL1 GDN 007236 N/A N/A Mini Split Well U 1 DAIKIN ARUF486016AA 611631164 22*22*1 1
Well V 1 Internal comfort products PHD 460000L000K1 N/A 20x30x1 1 Package unit Well Z 1 Trane Outdoor unit - allied commercial Trane -4teh3f60b 1000AB. Allied commercial- 4scu13LC160f-1 N/A 20*20*1 N/A Well AA 1 Indoor- Trane. Outdoor- Lennox - Indoor- Trane 4teh3f60b 1000AB Outdoor- Lennox - ML14xc1-060-463A01 N/A 20*20*1 N/A Well 13A 2 indoor - Trane Outdoor- Ruud Trane- 4teh3F60b 1000AB Rudd- RA1460AD1NB N/A 20*20*1 N/A Well T 1 DAIKIN DSH0604D000001SAA 2505305545 14*20*2 N/A Well BB 3 Rudd Indoor- RH1t4821STANJA, Outdoor Fan - ra1448jina. Indoor pump- Rhgl-090zk Outdoor pump - Raml- 090caz N/A 20*20*1 / 16*25*1 9 Well W 1 Heating and Cooling PRPHP1460EP-3A 1623K21499 20*24*1 1 age 98 o
8 AGENDA ITEM #9.13
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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 438 of 1638 Attachment
No. 5

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 439 of 1638 Attachment No.5: Cost Proposal 3/27/26
Quarterly HVAC PM-Fire Stations
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-IPAC
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-Indio Police
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-City Hall
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
%
%
Quarterly HVAC Preventative Maintenance (PM)
%
%
%
Quarterly HVAC PM-Coachella Valley History Museum

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Quarterly HVAC PM-Senior Center
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-EOC Building
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-Council Cambers
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-Corrportate Yard
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up %
%
Quarterly HVAC Preventative Maintenance (PM)
%
%
%
Quarterly HVAC PM-Teen Center

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Quarterly HVAC PM-Indio Water Authority
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-Reservoirs
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM- Wells
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
%
%
Quarterly HVAC Preventative Maintenance (PM)
%
Quarterly HVAC PM-Plants
%

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Annual Exhaust Fan PM-Fire Stations
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-IPAC
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-Indio Police
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-City Hall
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan Preventative Maintenance (PM)
%
%
%
%
%
Annual Exhaust Fan PM-Coachella Valley History Museum

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Annual Exhaust Fan PM-Senior Center
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-EOC Building
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-Council Cambers
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-Corrportate Yard
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
%
%
%
%
Annual Exhaust Fan Preventative Maintenance (PM)
Annual Exhaust Fan PM-Teen Center
%

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 444 of 1638 Attachment No.5: Cost Proposal 3/27/26
Annual Exhaust Fan PM-Indio Water Authority
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-Reservoirs
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM- Wells
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up %
Annual Exhaust Fan Preventative Maintenance (PM)
%
Annual Exhaust Fan PM-Plants
%
%

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 445 of 1638 Attachment No.5: Cost Proposal 3/27/26
T&M Rate - General & Emergency Repairs
Classification
(e.g., Journeyman)
Hours Per Quarter
$
$
$
Material Mark Up %
T&M Rate - Overtime General & Emergency Repairs
Classification
(e.g., Journeyman)
Hours Per Quarter
$
$
$
Material Mark Up %
T&M Rate - After Hours General & Emergency Repairs
Classification
(e.g., Journeyman)
Hours Per Quarter
$
$
$
Material Mark Up %
T&M Rate - Holiday General & Emergency Repairs
Classification
(e.g., Journeyman)
Hours Per Quarter
$
$
$
Material Mark Up %
Time and Materials Rates (T&M)

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 446 of 1638 ADDENDUM NO. 3
April 3, 2026
City of Indio Heating, Ventilating, and Air Conditioning (HVAC) Repair and Replacement Services
To All RFP holders:

A. Request for Proposal – Section IV. Revised Schedule
a. Mandatory Site Visit updated
i. Wednesday, April 15, 2026, at 9:00 A.M.
b. Submittal of Questions Deadline
i. Tuesday April 17, 2026, by 3:00 P.M.
c. The City of Indio Response to Questions
i. Tuesday April 21, 2026, by 3:00 P.M.
d. Proposal Due Date
i. Friday, April 29, 2026.
e. Proposal Review/Evaluation
i. Week of May 4,2026
f. Interview Finalists (if needed)
i. Week of May 11, 2026
g. Negotiation of Contract (if needed)
i. Week of May 20, 2026
h. Award of Contract
i. May 27, 2026
B. Revised Attachments No. 3, 4 and 5 as follows:
i. Attachment No. 3: Addition of Ice Maker Machines and Commercial Refrigerators.
ii. Attachment No. 4 – Air Conditioning Specs Details – Air Conditioning Specification Details addition of Ice Maker Machines and Commercial Refrigerators.
iii. Attachment No. 5 – Cost Proposal- Additions of Quarterly Maintenance for Ice Maker Machines and Commercial
Refrigerators.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 447 of 1638 Proposals shall acknowledge receipt of Addendum No.3 by completing and signing the attached Addendum Acknowledgement form as part of the proposal documents.

END OF ADDENDUM

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 448 of 1638 Attachment
No. 3
Revised

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 449 of 1638 Locations Items # of items
Fire Station 1 AC Units 7 # of items
AC Units 2 206
Swamp Cooler 1
AC Units 5 AC Units
Swamp Cooler 1 136
AC Units 7
Swamp Cooler 2 Swamp Coolers
Coachella Valley History
Museum AC Units 15 44
IPAC AC Units 20
Indio Police AC Units 14 WIC
Indio City Hall AC Units 3 1
AC Units 7
WIC 1 AC Split Units
Teen Center AC Units 6 4
AC Units 11
Swamp Cooler 16 AC
AC Units 24 2
Swamp Cooler 10
EOC Building AC Split Unit 4 AC Unit Split
Council Chambers AC Packet Unit 1 5
AC Units 6
Swamp Cooler 2 AC Unit Package
Exhaust 1 6
AC Units 5
Swamp Cooler 1 Exhaust
Plant 1 AC Units 1 3
Well 1C Swamp Cooler 1
Well 1E AC Units 1 AC Packet Unit
Well Terra Lago AC 1 3
Well Shadow Lake Swamp Cooler 1
Well 13 AC 1 Commercial Refrigerator
Well 13A Sun City AC Units 1 TBD
Well AA AC Units 1
Swamp Cooler 2 AC Marker
Exhaust 2 TBD
Well 4A Swamp Cooler 1
Well 4C Swamp Cooler 1
Chlorine Room Swamp Cooler 1
Pump Room AC Units Split 1
Reservior 4 AC Units Split 1
Well 4B Swamp Cooler 1
Well S AC Packet Unit 1
Well V AC Packet Unit 1
Attachment No. 3 - City of Indio HVAC Items
Fire Station 5
Plant 2
Fire Station 4
Senior Center
Corrportate Yard
Indio Water Authority
Fire Station 3
Fire Station 4
Fire Station 5

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 450 of 1638 Well U AC Unit Package 1
Well Z AC Unit Package 1
Well T AC Unit Package 1
Well W AC Unit Package 1
Plant 3 Reservior AC Unit Package 2
Plant 3 Swamp Cooler 1
Plant 3A Swamp Cooler 1
Well 3B Swamp Cooler 1
Plant BB AC Units Split 3
Commerical Refrigerator N/A TBD
Ice Maker N/A TBD
Total 206

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 451 of 1638 Attachment
No. 4
Revised

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 452 of 1638 Attachment No. 4: Air Conditioning Specs Details 3/9/2026 Location # of Units Brand Model Serial Filter Size # of filters Notes Booster 1 1 RUUD RGEG2T300ADG40BBA F232400988 20*24*2 8 Well 1C 1 N/A 110507-2 N/A N/A N/A Swamp cooler, no identification Well 1B 1 Dayton N/A N/A N/A N/A Exhaust Fan.

Well 1E 1 RUUD RA1460CC1NB W022179556 20*22*1 N/A
Booster 2 2 Frigiking FS450A 2817437 2' x 2' x 3" N/A Swamp cooler Well 2C 1 Frigiking FS450A 2817436 2' x 2' x 3" N/A Swamp cooler Well 2D 1 Dayton 9FZK5 N/A N/A N/A Shutter mounted exhaust fan Booster 3 2 Trane Voyager TSC120F4E0A03000000000000 130213740L 20*25*2 8 Well 3C 1 Frigiking FS450A 2817439 26*29 3 Swamp Cooler Well 3B 1 Frigiking FS450A 2817440 26*29 3 Swamp Cooler Well 3A 1 Frigiking FS450A 2817441 26*29 3 Swamp Cooler Booster 4 1 Goodman company ARUF60D14AB 1304093510 20*25*1 1 Well 4A 1 Frigiking FS450A 2817441 26*29 3 Swamp Cooler Well 4B 1 MASTER COOL ASA5112 KD1270094 N/A 4 Swamp cooler Well 4C 1 MASTER COOL ASA5113 KD1270095 N/A N/A
Well S 1 American Standard YCY060G1M0AD 6214MX58H 20*24*1 1 Terra Lago 1 FUJITSU Halcyon DC INVERTER A0U24CL1 GDN 007236 N/A N/A Mini Split Well U 1 DAIKIN ARUF486016AA 611631164 22*22*1 1
Well V 1 Internal comfort products PHD 460000L000K1 N/A 20x30x1 1 Package unit Well Z 1 Trane Outdoor unit - allied commercial Trane -4teh3f60b 1000AB. Allied commercial- 4scu13LC160f-1 N/A 20*20*1 N/A Well AA 1 Indoor- Trane. Outdoor- Lennox - Indoor- Trane 4teh3f60b 1000AB Outdoor- Lennox - ML14xc1-060-463A01 N/A 20*20*1 N/A Well 13A 2 indoor - Trane Outdoor- Ruud Trane- 4teh3F60b 1000AB Rudd- RA1460AD1NB N/A 20*20*1 N/A Well T 1 DAIKIN DSH0604D000001SAA 2505305545 14*20*2 N/A Well BB 3 Rudd Indoor- RH1t4821STANJA, Outdoor Fan - ra1448jina. Indoor pump- Rhgl-090zk Outdoor pump - Raml- 090caz N/A 20*20*1 / 16*25*1 9 Well W 1 Heating and Cooling PRPHP1460EP-3A 1623K21499 20*24*1 1 age
50 o
8 AGENDA ITEM #9.13
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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 539 of 1638 Attachment
No. 5
Revised

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 540 of 1638 Attachment No.5: Cost Proposal 3/27/26
Quarterly HVAC PM-Fire Stations
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-IPAC
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-Indio Police
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-City Hall
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC Preventative Maintenance (PM)
%
%
%
Quarterly HVAC PM-Coachella Valley History Museum
%
%

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 541 of 1638 Attachment No.5: Cost Proposal 3/27/26
Quarterly HVAC PM-Senior Center
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-EOC Building
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-Council Cambers
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-Corrportate Yard
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC Preventative Maintenance (PM)
%
%
%
Quarterly HVAC PM-Teen Center
%
%

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 542 of 1638 Attachment No.5: Cost Proposal 3/27/26
Quarterly HVAC PM-Indio Water Authority
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM-Reservoirs
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly HVAC PM- Wells
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up %
Quarterly HVAC Preventative Maintenance (PM)
%
Quarterly HVAC PM-Plants
%
%

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 543 of 1638 Attachment No.5: Cost Proposal 3/27/26
Annual Exhaust Fan PM-Fire Stations
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-IPAC
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-Indio Police
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-City Hall
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
%
%
%
Annual Exhaust Fan PM-Coachella Valley History Museum
Annual Exhaust Fan Preventative Maintenance (PM)
%
%

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 544 of 1638 Attachment No.5: Cost Proposal 3/27/26
Annual Exhaust Fan PM-Senior Center
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-EOC Building
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-Council Cambers
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-Corrportate Yard
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-Teen Center
%
Annual Exhaust Fan Preventative Maintenance (PM)
%
%
%
%

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 545 of 1638 Attachment No.5: Cost Proposal 3/27/26
Annual Exhaust Fan PM-Indio Water Authority
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM-Reservoirs
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Exhaust Fan PM- Wells
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Annual Furnace Preventative Maintenance (PM)
Annual Furnace PM- As Needed
%
Annual Exhaust Fan Preventative Maintenance (PM)
%
Annual Exhaust Fan PM-Plants
%
%
%

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 546 of 1638 Attachment No.5: Cost Proposal - Addendum No. 3 4/03/26 Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Classification
(e.g., Journeyman)
Hourly Rate Hours Per Quarter
$
$
$
Material Mark Up
Quarterly Ice Maker Machine Preventative Maintenance (PM) Quarterly Refrigeration PM- As Needed
%
Quarterly Refrigeration Preventative Maintenance (PM)
Quaterly Refrigeration PM- As Needed
%

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 547 of 1638 Attachment No.5: Cost Proposal 3/27/26
T&M Rate - General & Emergency Repairs
Classification
(e.g., Journeyman)
Hours Per Quarter
$
$
$
Material Mark Up %
T&M Rate - Overtime General & Emergency Repairs
Classification
(e.g., Journeyman)
Hours Per Quarter
$
$
$
Material Mark Up %
T&M Rate - After Hours General & Emergency Repairs
Classification
(e.g., Journeyman)
Hours Per Quarter
$
$
$
Material Mark Up %
T&M Rate - Holiday General & Emergency Repairs
Classification
(e.g., Journeyman)
Hours Per Quarter
$
$
$
Material Mark Up %
Time and Materials Rates (T&M)

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 548 of 1638 Page | 4
EXHIBIT “F”

CONTRACTORS PROPOSAL

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 549 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 1 Cover Letter

1. Active Air Control is a commercial and industrial HVAC contractor that has been in business since 2011. We proudly offer the following services to our customers:
a. Customized maintenance programs suited to our customers needs b. HVAC installation (new construction & retrofit)
c. HVAC service and repair (all makes and models)
d. HVAC design and engineering (M1 Engineering)
e. Controls installation (Carrier controls)
f. Controls design (Carrier controls)
g. Controls service (Carrier controls)

2. Statement of qualifications:
a. We currently employ all personnel necessary to provide maintenance and service to fulfill above and beyond all requirements for this scope of work. We currently employ the following positions at our company:
i. Service Technician
ii. Service Foreman
iii. Installation Technician
iv. Installation Foreman
v. Controls Installation
vi. Controls Service
vii. Project managers
viii. Office personnel
b. Our company has proudly been in business since 2011 performing commercial and industrial HVAC work as mentioned above.
c. Project manager contacts information:

Brad Kincaid 714-457-1914
[email protected]
d. Fully capable project manager to manage this contract and its complexities. He is also able to sign any contracts or answer any questions. e. Conflict of interests’ statement
i. We currently have no conflicts of interests with the City of Indio. ii. We only perform work at JFK hospital that is within the City of Indio’s limits.

And have no conflicts with the city at this facility.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 550 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 2 f. References for similar scopes of work:

I. Ashleys Furniture
a. Contract term 1-1-2026 through 1-1-2027
b. Contract value approximately $170,000.00
c. We perform HVAC maintenance and service for package units, exhaust fans, and split systems for 20 locations around southern California.
d. This is the same exact scope of work and equipment compared to the City of Indio.
e. George Wilks
II. Placentia Linda Hospital
a. Contract term 1-1-2026 through 1-1-2027
b. Contract value approximately $70,000.00
c. We perform HVAC maintenance and service for package units, split systems, chillers, boilers, cooling towers, pumps, controls, air handlers, steam.
d. This customer has similar and more complex systems than compared to the City of Indio.
e. Katy Perkins
III. Fender Guitar
a. Contract term 1-1-2026 through 1-1-2027
b. Contract value approximately $75,000.00
c. We perform HVAC maintenance and service for chillers, boilers, pumps, cooling towers, air handlers, DOAS systems, controls, and piping.
d. This customer has similar and more complex systems than compared to the City of Indio.
e. Frank Robles
IV. Carl Zeiss
a. Contract term 5-1-2026 through 5-1-2027
b. Contract value approximately $55,000.00
c. We perform HVAC maintenance and service for package units, exhaust fans, and split systems.
d. This is the same exact scope of work and equipment compared to the City of Indio.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 551 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 3 e. Dan Hutton
g. We currently do not have any plans of utilizing subcontractors to complete the work within this maintenance scope of work

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 552 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 4 Questions About Our Company
A. Training Requirements & Continuing Education
Active Air Control, Inc. maintains a structured onboarding and ongoing training program to ensure all technicians and field personnel are properly trained in safety, compliance, and jobsite best practices.

1. Safety Certifications
We provide internal, OSHA-aligned safety training to all field personnel as part of onboarding and ongoing operations. Employees are trained on core safety practices through a combination of video-based instruction, hands-on guidance, and documented sign-offs. Training topics include general jobsite safety, fall protection, ladder safety, lockout/tagout procedures, heat illness prevention, equipment safety (including forklifts and cranes), and jobsite-specific safety requirements. Employees are required to acknowledge completion of these trainings to ensure understanding and compliance.

2. Technical Certifications
We employ experienced HVAC technicians who are trained in the practical application, installation, maintenance, and repair of commercial HVAC systems. While specific certifications may vary by individual, our team is selected based on demonstrated field experience and technical competency. We support continued professional development and encourage technicians to pursue industry-recognized certifications as applicable to their role and project requirements. When required by a specific project or jurisdiction, we ensure that appropriately qualified personnel are assigned.

3. Onboarding Procedures & Timelines
We follow a structured onboarding process to ensure new technicians are properly trained in both safety and company operations. On the first day, new hires complete all required onboarding paperwork and are introduced to company policies and expectations. They receive training on internal systems, including time tracking and field service software used for job tracking, accessing work orders, uploading photos, and documenting service notes. All employees are required to complete and sign off on safety training topics as part of onboarding to ensure understanding and compliance.

New technicians are paired with experienced team members for hands-on training in the field. This shadowing process allows them to learn company procedures, workflows, and expectations in addition to technical skills. Employees are also issued necessary safety

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 553 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 5 equipment, uniforms, and, where applicable, a company vehicle to perform their duties.

The initial onboarding process is typically completed within the first 1–2 weeks, with continued guidance and oversight provided as employees become fully integrated into daily operations.

4. Frequency of Refresher or Recertification Courses
We provide training updates to ensure employees remain aligned with current safety practices, company procedures, and project requirements. Training is conducted in response to new processes, specific jobsite or customer requirements, and evolving field conditions that warrant reinforcement of safety protocols. This approach ensures that training remains relevant and directly tied to the work being performed. Employees are required to review and acknowledge applicable training materials to ensure continued awareness and compliance.

5. Customer Service and Communication Training
We emphasize professional communication and customer service as part of its onboarding and ongoing performance expectations. Employees are provided with clear guidance on communication standards, jobsite professionalism, and appropriate client interaction. Technicians are expected to accurately document work performed, communicate effectively with internal team members, and follow established communication processes to ensure clear and consistent coordination. In addition, technicians are trained on proper documentation practices, including entering detailed service notes, uploading photos, and maintaining accurate job records through the company’s field service platform. These expectations are reinforced through daily operations, management oversight, and ongoing coaching as needed.

B. Emergency Response Protocol & Staffing Availability
Active Air Control, Inc. understands the importance of timely response to HVAC service needs and maintains procedures to address emergency situations as efficiently as possible.

1. Availability of In-House Staff During Standard Business Hours We maintain office support during standard business hours, Monday through Friday from 8:00 AM to 5:00 PM. Field technicians are scheduled based on project and customer needs, and their start and end times may vary accordingly. This approach allows for flexibility in meeting jobsite requirements while maintaining coordination and support through the office during standard business hours.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 554 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 6

2. Two-Hour Emergency Response
We make every effort to respond promptly to emergency service requests. Response times are dependent on technician availability, current scheduling, and jobsite location.

While a two (2) hour on-site response cannot be guaranteed in all situations, we make every effort to accommodate emergency requests. Response is coordinated based on technician availability and current workload at the time of the request.

3. After-Hours and Weekend Emergency Response
We provide after-hours and weekend emergency support through direct coordination with internal team members. Emergency requests are handled by designated personnel, allowing for timely communication and response without reliance on third-party dispatch services. Depending on the client relationship and project structure, customers may contact their assigned project manager or designated company contact to initiate emergency service. Requests are then coordinated internally to identify and dispatch an available technician as quickly as possible.

4. Emergency Response Costs
Emergency service outside of standard business hours may be subject to additional costs and is dependent on technician availability. As after-hours and weekend service is not guaranteed, response is coordinated based on available personnel at the time of the request. When emergency service is performed, applicable charges may include overtime labor rates in accordance with standard company billing practices. Final costs are determined based on the scope of work performed.

C. Preventive Maintenance Approach
Active Air Control, Inc. emphasizes proactive maintenance to support system performance, reliability, and longevity.

1. Sample Checklist / Services Included
We perform comprehensive preventive maintenance services tailored to the specific equipment, usage, and client requirements.

Typical maintenance visits may include:
• Filter inspection and replacement
• General system inspection and condition assessment

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 555 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 7 • Electrical component inspection (connections, voltage, controls) • Inspection of belts, motors, and moving parts
• Coil inspection and cleaning (as needed)
• Verification of refrigerant levels and system pressures • Operational testing to ensure proper heating and cooling performance • Identification of deficiencies and recommended repairs • Detailed documentation, including service notes and photo attachments The exact scope of services may vary depending on the client’s specific requirements, equipment type, and the frequency of the maintenance schedule. Maintenance programs are customized to ensure optimal system performance and longevity.

2. Frequency of Inspections or Service Intervals
Preventive maintenance frequency is customized based on the client’s needs, equipment type, and operational demands. Service intervals may vary across systems within the same facility, with some equipment serviced on a quarterly basis and others on a semiannual or annual schedule. Active Air Control, Inc. works with each client to establish a maintenance plan that aligns with manufacturer recommendations, system usage, and performance goals.

3. Method Used to Schedule and Track Preventive Work
We utilize a proactive approach to scheduling and tracking preventive maintenance services. Maintenance visits are tracked based on the completion date of the previous service, with a target date calculated for the next scheduled visit. Our team works to schedule service as close to the target date as possible to maintain consistency and system reliability. We use a combination of our field service management system and internal maintenance tracking tools to monitor upcoming and completed services. This dual-tracking approach helps ensure that preventive maintenance is performed on schedule and that no service intervals are missed.

4. Reporting Tools or Deliverables Provided to the Client We generate a detailed job report for each preventive maintenance visit, documenting services performed, system observations, and any identified deficiencies or recommendations. All documentation is reviewed for accuracy prior to submission.

Client-facing deliverables are typically provided upon completion, with reporting and invoicing presented in a clear and consistent format. The level of detail reflects the

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 556 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 8 nature and scope of the work performed. This approach ensures that clients receive accurate, relevant, and well-organized information to support their operational needs.

D. Digital Platforms & Technology
Active Air Control, Inc. utilizes digital tools and a software platform called BuildOps to support efficient service operations, communication, and documentation.

1. Work Order Tracking Systems
We have a field service management system to create, assign, and track all work orders.

Field technicians update work orders directly from the field, including entering service notes, uploading photos, and updating job status. This information is reviewed by the office to support accurate recordkeeping, assess job progress, and determine if additional visits or follow-up work is required.

2. Client Communication and Reporting Portals
We communicate with clients primarily through direct email correspondence. Invoices and supporting documentation are provided with a level of detail tailored to each client’s preferences and requirements. This approach allows for clear, consistent communication while maintaining flexibility in how information is presented and delivered.

3. Preventive Maintenance Scheduling Software
We use a combination of it field service management system and internal tracking tools to manage preventive maintenance scheduling. Maintenance activities are tracked based on prior service completion dates, with target dates established for upcoming visits. This allows our team to proactively schedule services and maintain consistent service intervals in alignment with client needs and equipment requirements.

4. Real-Time Service Updates or Technician Tracking
We maintain internal communication between field technicians and project managers to support coordination and response during service operations.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 557 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 9 E. Environmentally Responsible Service Delivery
Active Air Control, Inc. is committed to responsible service practices and environmental awareness.

1. Refrigerant Recovery and Recycling
We follow industry-standard practices for the proper handling, recovery, and disposal of refrigerants. All work is performed in accordance with applicable environmental regulations and guidelines to prevent the release of refrigerants into the atmosphere.

Our technicians are trained to handle refrigerants responsibly and to support environmentally compliant service practices.

2. Use of Environmentally Friendly Cleaning Products
We use standard industry cleaning products and methods while remaining mindful of environmental impact. Where practical and appropriate, we consider the use of environmentally responsible products that effectively support system performance while minimizing environmental impact.

3. Recommendations for Energy-Efficient Equipment or Systems We provide recommendations for repairs, replacements, and system improvements as part of its service approach. When applicable, this includes identifying opportunities for energy-efficient upgrades that can improve system performance and reduce operating costs. We present clients with available options and provide informed recommendations based on system condition, performance, and long-term value—not solely on initial cost.

This approach allows clients to make well-informed decisions that balance efficiency, reliability, and budget considerations.

4. Participation in Sustainability or Green Certification Programs We are mindful of environmentally responsible practices in its operations. While we do not maintain formal sustainability or green certification program affiliations, we remain adaptable to project-specific requirements as needed.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 558 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 1 Quotation
Project: Service and Maintenance Agreement
To: City of Indio Properties: City of Indio Public Buildings and well sites
Active Air Control is pleased to provide the following quotation for service and maintenance with the following scope of work.

City Hall
Covered Equipment: (1 Building)
DOAS1 CU-A1
RTU-A1 CU-A2.1
CU-A5 CU-A2.2
VCU-A1.2 CU-A3
VCU-A2.1 CU-A4
VCU-A1.1 CU-A6
VCU-A2.2 Split System
VCU-A3.1 VFC’s qty 52
Quarterly Maintenance: Price Per Quarter- $16,645.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Wash the condenser coils.
• Change filters for all fan coils during off hours only. • Wash split system filters
• Check for abnormal operation of covered equipment.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control.

Annual Maintenance: Price Per Annual - $17,625.00
• Everything in a quarterly maintenance plus the following:
o Replace Belts 2x a year
o Flush the drain lines.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 559 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 2 Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • AAC to provide a lift to access all fan coils- interior work to be performed on a Saturday. • Labor will be paid prevailing wages
-End City Hall Section -

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 560 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 3 Library
Covered Equipment: (1 Building)
(7) VFC’s
(3) FC’s
(3) RTU’s
(1) VCU’s
(2) CU’s
(1) Split System
Quarterly Maintenance: Price Per Quarter- $8,445.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control.

Annual Maintenance: Price Per Annual- $9,510.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.

Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • AAC to provide a lift to access all interior fan coil units. • Maintenance to be done off normal working hours for all interior work. • Labor will be paid prevailing wages

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 561 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 4 EOC Building
Covered Equipment: (1 Building)
AH1 CU1
AH3 CU2
AH4 CU3
AH5 CU4
AH6 RTU1
Quarterly Maintenance: Price Per Quarter- $2,030.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control.

Annual Maintenance: Price Per Annual- $3,300.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for HVAC package units 2x a year
• Flush the drain lines.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 562 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 5 Well Sites
Covered Equipment: (21 Locations)
WELL 1C (1) :Swamp Cooler
WELL 1E (1) AHU Qty 1 Condenser - 20X22X1 (1) Wall filter WELL 13 (1) AC Unit
PLANT 1 (1) Package Unit
WELL BB (3) AHU’s & (3) Condensers- (1) 20x22x1 Wall Filter TERRA LAGO (1) Mini Split System
SHADOW LAKES (1) Swamp Cooler (4) 24X24X1 Wall Filters
WELL 13A (1) AHU & (1) Condenser (1) 20x22x1 Wall Filter WELL AA (1) AHU & (1) Condenser (1) 20x22x1 Wall Filter PLANT 2 (1) Swamp Coolers
PLANT 4A (1) Swamp Cooler
PLANT 4B (1) Swamp Cooler
PLANT 4C (1) Swamp Cooler
PLANT 4 RESERVIOR (1) Swamp Cooler, (1) AHU & (1) Condenser Roof mounted PLANT 4 CHLORINE (1) Swamp Cooler
WELL Z (1) AHU & (1) Condenser
Well V (1) Package unit- floor mounted- (1) 20x30x1 Wall Filter Well S (1) Package unit- floor mounted- (1) 20x24x1 Wall Filter Well W (1) Package unit- floor mounted- (1) 20x24x1 Wall Filter Well T (1) Package unit- floor mounted-(1) 20x30x1 Wall Filter Plant 3 (2) Package units- floor mounted.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 563 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 6 Annual Maintenance: Price Per Annual- $13,750.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Replace evaporative cooler media, add cleaning tablets 2x a year. • Flush the drain lines.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 564 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 7 Teen Center
Covered Equipment: (1 Building)
RTU1
RTU2
RTU3
RTU4
RTU5
Split System 1
Split System 2
Exhaust Fan 1
Quarterly Maintenance: Price Per Quarter- $1,725.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Verify operations of evaporative coolers- report any issues found. • Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $2,800.00
Everything in a quarterly maintenance plus the following:
• Wash the condenser coils.
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 565 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 8 Senior Center
Covered Equipment: (1 Building)
AC1 Split System 1
AC2 Split System 2
AC3 Exhaust Fan 1
AC4
AC5
Quarterly Maintenance: Price Per Quarter- $1,550.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $2,900.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 566 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 9 Coachella Valley History Museum
Covered Equipment: (1 Site with Multiple Buildings)
(2) Mini Split Systems
(5) Split Systems
(1) Package Unit
Quarterly Maintenance: Price Per Quarter- $2,950.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control.

Annual Maintenance: Price Per Annual- $3,650.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 567 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 10 Indio Performing Arts Center
Covered Equipment: (1 Building)
(20) Package Units
(6) EX Fan
(2) Swamp Coolers
Quarterly Maintenance: Price Per Quarter- $5,300.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $6,455.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Replace evaporative cooler pads (12’’ Thick) and belts • Clean evaporative cooler pads 1x a year
• Flush the drain lines.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 568 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 11 Public Safety Building
Covered Equipment:
(2) Rooftop packaged air conditioning units
(2) Mini Spit units
(3) VRF Condensers
(39) VRF Fan Coils
(8) Exhaust Fans
(1) Walk in cooler
Quarterly Maintenance: Price Per Quarter- $4,350.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control. • Walk in Cooler- Check operations, verify door seals, verify fan operation, verify light operation, verify temperature settings, verify temp probe operation, clean condenser coil, check condenser fan.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 569 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 12 Call Center
Covered Equipment:
(8) Rooftop packaged air conditioning units
(4) Leibert Condensers.
(4) Leibert Fan Coils
(3) LG VRF Condensers.
(3) VRF Fan coils.
(2) Upblast Exhaust Fans.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 570 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 13 Police Station
Covered Equipment:
(1) Air Handling Unit
(1) Cooling Tower
(2) Split Systems
(1) Package Unit
Quarterly Maintenance: Price Per Quarter- $3,300.00
• Replace the filters for the rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control. • Verify operations of air handler
• Verify operations of cooling tower.
• Clean cooling tower media and sump.
• Shut down tower to clean the sump, spray nozzles, fill media, and sump strainer. • Grease the fan motor bearings.
• Unclog any spray nozzles that have restricted flow.
• Fill the sump up to the proper operating level.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 571 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 14 Fire Station 1
Covered Equipment: (1 Building)
(3) Rooftop packaged air conditioning units
(1) VRF Condensing unit
(12) VRF Fan Coils
(2) Mini split condensers
(2) Exhaust Fans
(2) Ice Maker
(2) Commercial Refrigerators
Quarterly Maintenance: Price Per Quarter- $4,275.00
• Replace the filters for each rooftop HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Wash the condenser coils.
• Check for abnormal operation of covered equipment.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control. • Ice Makers- Flush, Clean and sanitize. Empty ice bin. Descale- Ice cube depth probe, if applicable. Run multiple complete ice building cycles. Replace filter 2x per year.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 572 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 15 Fire Station 3
Covered Equipment: ( 1 Building)
CU1
AHU1
CU2
AHU2

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 573 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 16 Fire Station 4
Covered Equipment: ( 1 Building)
SC 1 EVAP COOLER
MS1 SPLIT SYSTEM
CU1

ICE MACHINE

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 574 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 17 Fire Station 5
Covered Equipment: ( 1 Building)
RTU-1 OFFICE
RTU 2 BEDROOMS
RTU3 LIVING-TV-KITCHEN
RTU 4 GYM
CU1
CU2
Ice Machine
SPLIT SYSTEM 1
EF1
EF2
Swamp Cooler 1
Swamp Cooler 2
Quarterly Maintenance: Price Per Quarter- $2,000.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Verify operation of ice machine, drain and clean ice builder. • Wash split system filters.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $5,800.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.
• Replace the evaporative pads for the swamp coolers
• Replace ice machine water filter 2x per year along with deep clean Clarifications:
• Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 575 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 18 Corporate Yard
Covered Equipment: ( 3 Buildings)
Middle Roof Upper Roof
EF3 CU-4
EF4 CU-5
EF5 EC-15
EF6 EC-16
EC8
EC9
EC10
EC11
EC12
EC13
EC14
AC-10
Quarterly Maintenance: Price Per Quarter- $4,000.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Wash the condenser coils.
• Wash split system filters.
• Wash the evaporative cooler media.
• Replace exhaust fan belts
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Main Roof
EC-1
EC-2
EC-3
EC-4
EC-5
EC-6
EC-7
MA-1
CU-1
CU-2
CU-3
EF-1
EF-2
A1 R2
A2 R3
A3 R4
A4 R5
A5 R6
A6 R7
A7 R8
AC9
AC 8RTU10

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 576 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 19 Annual Maintenance: Price Per Annual- $19,650.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Replace evaporative cooler pads(12’’ Thick), belts, add cleaning tabs • Clean evaporative cooler pads 1x a year
• Flush the drain lines.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 577 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 20 Council Chambers
Covered Equipment: (1 Building)
(1) AC1
(1) Mini Split
Quarterly Maintenance: Price Per Quarter- $875.00
• Replace the filters for each HVAC unit.
o Air Filters MERV 10
• Check for visible traces of refrigerant leaks.
• Check for abnormal operation of covered equipment.
• Verify operation of exhaust fans.
• Visibly check the condition of the covered equipment. • Clean up the area and any debris created from work done by Active Air Control Annual Maintenance: Price Per Annual- $2,000.00
Everything in a quarterly maintenance plus the following:
• Replace Belts for roof top HVAC units 2x a year
• Flush the drain lines.
• Clean the condenser coils and evaporator coils
Clarifications:
• Active Air Control shall properly dispose of all waste and job-related debris. • Active Air Control shall submit any additional repairs found during the maintenance process to the property manager before any repair work shall be performed. • Maintenance to be done during normal working hours.
• Labor will be paid prevailing wages

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 578 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 21 Pricing

LABOR RATES
Labor Type Regular Time Over Time Double Time
HVAC General Service $165 $247.5 $330
HVAC Central Plant Service $185 $277.5 $370
HVAC Controls $190 $285 $380
Trip Charge: $100 per visit.

Definition of labor types and hours classifications:

HVAC General Service: Package units, exhaust fans, air handlers, VFD’s for (package units, air handlers, exhaust fans), process piping, humidifiers, condensate drains, CAV/VAV, and ductwork.

HVAC Central Plant Service: Chillers, cooling towers, boilers, feed tanks, heat exchangers, VFD’s for (pumps, cooling towers, chillers, boilers), and pumps.

Over Time: Monday through Friday Before 6AM or after 3PM, or any time worked after the 8th consecutive hour, or any time on the weekends.

Double Time: Any time after the 12th consecutive hour worked or major holidays.

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 579 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 22 City Hall:

COMBINED TOTAL YEARLY INVESTMENT: $67,560.00
Library:

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 580 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 23 Teen Center:

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 581 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 24 COMBINED TOTAL YEARLY INVESTMENT: $22,355.00
Public Safety Building:

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 582 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 25 COMBINED TOTAL YEARLY INVESTMENT: $17,383.00
Fire Station 3:

Quarterly Maintenance Pricing: (performed 3X per year)
Quarterly: (quarterly investment) $4,000.00
Total: (yearly investment) $12,000.00

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 583 of 1638 431 Le Roy Dr., Corona, CA, 92879 Office: 951-987-0416 Lic #966739 26 Annual Maintenance Pricing: (performed 1X per year)
Total: (yearly investment) $19,650.00
COMBINED TOTAL YEARLY INVESTMENT: $31,650.00
Council Chambers:

By: Brad Kincaid
Title: President
Date: 4/29/2026
Proposal Acceptance:

By:_________________________
Title:_______________________
Date:_______________________

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Approve a Maintenance Services Agreement with Active Air Control, Inc. f... Page 584 of 1638 City of Indio
City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Miguel Peña, Director of Water Utility & Maintenance Subject: Approve a $1,000,000 fuel purchase from SC Commercial LLC for the City's bulk fuel needs for Fiscal Year 2026/27.

RECOMMENDATION:

Staff recommends that the City Council approve the fuel purchase in the amount of $1,000,000 for bulk fuel purchases from SC Commercial LLC for the Fiscal Year 2026/27.

SUMMARY:

The City procures bulk fuel for its fleet vehicles and equipment through an active cooperative purchasing agreement with SC Commercial LLC, established under the County of Riverside's competitively bid contract. Previously approved funding by City Council has been exhausted due to significant global fuel price increases. Additional funds are required for Fiscal Year 2026/27 to maintain uninterrupted fuel supply through the end of the cooperative purchasing agreement in March 2027.

BACKGROUND INFORMATION:

Global Fuel Price Context
Since early 2026, global fuel markets have experienced pronounced volatility driven by escalating geopolitical instability. The commencement of U.S. Israel military operations against Iran in late February 2026, followed by a partial blockade of the Strait of Hormuz a critical chokepoint through which approximately 20% of the world's seaborne oil supply transits triggered sustained upward pressure on crude oil and refined fuel prices worldwide. Industry data indicates the average U.S. diesel pump price rose from approximately $3.71 per gallon in mid-February 2026 to approximately $5.40 per gallon by late April 2026, representing an increase of roughly 46% in under two months.

For municipal fleet operations, where fuel expenditures typically represent 30–40% of total operating costs, this rapid escalation has had a direct and material impact on the City's annual fuel budget.

Cooperative Purchasing Contract
The County of Riverside holds an active contract with SC Commercial LLC for the purchase and delivery of bulk fuel, valid through March 2027, procured through a competitive public bidding process. Pursuant to City of Indio Municipal Code Section 33.116, the City is authorized to utilize cooperative purchasing contracts established by other public agencies without conducting separate competitive solicitation. City staff have reviewed the County's contract and confirmed that its terms satisfy the City's standards for cost-effectiveness, quality, and operational reliability. The agreement AGENDA ITEM #9.14
Approve a $1,000,000 fuel purchase from SC Commercial LLC for the City's... Page 585 of 1638 further includes access to a secondary vendor, providing an additional layer of continuity in the event of supply disruption.

Funding History
 August 21, 2024: City Council approved an initial allocation of $500,000 for bulk fuel purchases under this cooperative contract to support fleet operations for Fiscal Year 2024/25.  May 2025: The full $500,000 appropriation was exhausted prior to fiscal year-end. An additional $71,840.61 was required to settle outstanding invoices through June 30, 2025.  July 16, 2025: City Council approved an allocation of $600,000 for bulk fuel purchases for Fiscal Year 2025/26, reflecting anticipated consumption and market conditions.  June 17, 2026: City Council approved a $150,000 budget adjustment to sustain uninterrupted fuel operations through June 30, 2026, due to accelerated fuel cost growth driven by global market conditions which resulted in a substantial expenditure of $750,000 for FY 2025/26 appropriation ahead of fiscal year-end.

Looking ahead, due to rising fuel costs, staff recommends approving $1,000,000 for fuel purchases from Fiscal Year 2026/27 to ensure the City maintains a consistent and reliable fuel supply.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,000,000 In current year budget: Yes
Current FY General
Fund Impact:
$1,000,000 Budget adjustment: No
Next FY Financial
Impact:

N/A Strategic Objective: Organizational
Excellence
Source of funds: Fleet – Motor Fuel and Oil
Services and Vehicle Supplies.

Fund-Org-Object
Reference:
605-531030
Additional Financial Details:

For Fiscal Year 2026/27, a total of $1,000,000 has been budgeted to support citywide fueling needs.

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

ATTACHMENTS:

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

Miguel Peña, Director of Water Utility & Maintenance Approved - 01 Jul 2026 Ruby D. Walla, Director of Finance Approved - 01 Jul 2026 Steven Graham Pacifico, City Attorney Approved - 02 Jul 2026 Jonathan Nicks, City Manager Approved - 07 Jul 2026

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RIVERSIDE COUNTY'S

FUEL DELIVERY SERVICE CONTRACT

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City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Miguel Peña, Director of Water Utility & Maintenance Subject: Approve Amendment No. 1 to the Landscape and Maintenance Services Agreement with Mariposa Landscapes, Inc. for Indio Water Authority Facilities, Exercising the First Optional One-Year Extension for Fiscal Year 2026/27, Authorizing a CPI Adjustment and Contingency, and Authorizing Future Optional Extensions Subject to Budget and Contract Requirements RECOMMENDATION:

Staff recommends that the City Council: (1) approvine Amendment No. 1 to the Public Works Agreement for Landscape and Maintenance Services with Mariposa Landscapes, Inc., in substantially the form attached to the staff report and subject to final approval as to form by the City Attorney; (2) exercise the first optional one-year extension for Fiscal Year 2026/27; (3) approve a

3.2% Consumer Price Index adjustment in the amount of $2,039.42, resulting in a revised base annual contract amount of $65,771.42 for the first extension term; (4) authorize a 10% contingency in the amount of $6,577.14 for authorized work within the approved scope, resulting in a total not-toexceed amount of $72,348.56 for the first extension term; (5) authorize the City Manager to execute Amendment No. 1 and any non-substantive or implementing documents necessary to carry out the amendment; and (6) authorize the City Manager, or designee, to exercise future optional one-year extensions and approve applicable CPI adjustments not to exceed 3.5% per extension term, provided that funding is appropriated.

SUMMARY:

City of Indio completed the bid process for the landscape and maintenance services at all city water facilities including well sites, reservoir sites and other facilities. On May 6, 2025, staff sent the Notice Inviting bids in accordance with the formal bidding procedures of the California Uniform Public Construction Cost Accounting Act. Bids were opened May 27, 2025, and Mariposa Landscapes, Inc. submitted the lowest responsive bid in the amount of $63,732. On July 1, 2025, the City Manager approved an agreement with Mariposa Landscapes, Inc. for a one-year term in the amount of $63,732 and authorized a ten percent (10%) contingency of $6,373, for a total amount not-to-exceed $70,105, for Landscape and Maintenance Services, Project No. WT WALM25, for Fiscal Year 2025 2026. To ensure continuation of essential services, staff recommends four (4) optional one-year extensions. All services performed under these extensions will continue to be governed by the requirements outlined in Section 6.10 of the Contract Bid Documents, which establishes the contract term, allowable extensions, and conditions under which the Contractor may commence work. For Extension 1 (FY 2026 27), the Contractor qualifies for a 3.2% CPI adjustment, increasing the contract amount by $2,039.42, resulting in a revised not-to-exceed amount of $65,771.42. Future CPI adjustments may be applied to Extensions 2–4. These adjustments will use the applicable Consumer Price Index available at the time each extension is exercised; not-to-exceed 3.5%. The AGENDA ITEM #9.15
Approve Amendment No. 1 to the Landscape and Maintenance Services Agreem... Page 621 of 1638 CPI percentages for these future extensions are subject to city approval. A ten percent (10%) contingency of $6,577.14 is recommended to address unforeseen conditions during the upcoming extension period, resulting in a total not-to-exceed amount of $72,348.56.

BACKGROUND INFORMATION:

The landscape and maintenance scope of work includes twice-monthly landscape services at all City water facilities, including well sites, reservoir sites, and related locations. This work generally consists of maintenance inspections, weed abatement, irrigation system upkeep, and pruning of trees and shrubs. The scope also includes routine maintenance of the manual and automated gate systems at each facility.

In accordance with Section 6.10 of the Contract Bid Documents, the contract provides for an initial one-year term with up to four (4) optional one-year extensions at the city’s discretion and subject to funding. The contract may be extended as required to continue services.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$65,771.42 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:

N/A Strategic Objective: Public Safety
Source of funds: 5506712-523015 Fund-Org-Object
Reference:

Production - Operations -
Misc. Repair &
Maintenance Services
Additional Financial Details:

Funds for this project are budgeted in the city’s FY 2026-27 Production Operating Budget 5506712-523015 – Misc. Repair & Maintenance Services.

ALTERNATIVES:

1. Approve Amendment No. 1 as recommended.

2. Modify the amendment and direct staff to return with revisions.

3. Reject Amendment No. 1. This may result in interrupted maintenance at City water facilities and could impact facility operations.

ATTACHMENTS:

Attachment 2 - Amendment 1 to Landscape & Maintenance Services PW Agreement Attachment 3 - Landscape & Maintenance PW Agreement WT-WALM25 Attachment 4 - Contract Bid Documents
APPROVAL(S):

Miguel Peña, Director of Water Utility & Maintenance Approved - 02 Jul 2026 Ruby D. Walla, Director of Finance Approved - 02 Jul 2026 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2026 Jonathan Nicks, City Manager Approved - 08 Jul 2026

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FIRST AMENDMENT TO
PUBLIC WORKS AGREEMENTFOR LANDSCAPE & MAINTENANCE SERVICES

BY AND BETWEEN

THE CITY OF INDIO

A CALIFORNIA MUNICIPAL CORPORATION
AND
MARIPOSA LANDSCAPES, INC.

A CALIFORNIA CORPORATION
DATED: JULY 15, 2026

Form dated 3.2025
Docusign Envelope ID: 31531035-9403-8293-838E-3DE3484A0502 Docusign Envelope ID: 31531035-9403-8293-838E-3DE3484A0502

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FIRST AMENDMENT TO AGREEMENT
This Amendment to the Public Works Agreement named above is made and entered into as of this day of July 15, 2026, by and between the parties to the Agreement, City of Indio (“City”), a California municipal corporation and Mariposa Landscapes, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Contractor entered into an agreement entitled “LANDSCAPE & MAINTENANCE SERVICES dated July 1, 2025 (“Agreement”) for the purpose of retaining services of Contractor to provide landscape and maintenance services.

B. Pursuant to Section 2 of the Agreement, the Parties desire to amend the Agreement to add four (4) optional 12-month extensions.

C. Pursuant to Section 21. of the Agreement the Parties desire to amend the Agreement to increase the not-to-exceed compensation amount to include a

3.2% Consumer Price Index (CPI) increase for the optional Extension 1 for fiscal year 2026-2027.

D. Section 5 of the Agreement provides that the Compensation shall not exceed $63,732.00.

E. This Amendment amends Section 5 to increase the Compensation by an additional $2,039.42 and provide the Compensation shall not exceed $65,771.42.

F. The Parties desire to clarify that the CPI adjustment identified in Recital C applies to the optional extension periods added pursuant to this Amendment, subject to the terms and limitations of the Agreement.

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

1. TERM. Section 2, “Schedule of Performance” hereby is amended to read as follows: The term of this Agreement shall be extended to add four (4) optional twelve (12)-month extensions, to be exercised at the sole discretion of the City, subject to the terms and conditions of the Agreement.

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2. COMPENSATION. Section 5 of the Agreement hereby is amended to increase the not-to-exceed compensation amount by $2,039.42, reflecting a 3.2% Consumer Price Index (CPI) increase authorized pursuant to Section 21 of the Agreement. The total not-to-exceed compensation under the Agreement shall now be $65,771.42.

3. FUTURE CPI ADJUSTMENT. The Parties agree that future CPI adjustments may be applied at the commencement of each optional extension term in accordance with Section 21 of the Agreement. The amount of each CPI adjustment shall be based on the applicable Consumer Price Index in effect at the time of the extension. All CPI adjustments are subject to prior written approval by the City. No specific percentage increase is established by this Amendment.

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

5. INTEGRATION. This Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

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

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

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

9. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 31531035-9403-8293-838E-3DE3484A0502 Docusign Envelope ID: 31531035-9403-8293-838E-3DE3484A0502

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

CITY OF INDIO
___________________________
Jonathan Nicks
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
MARIPOSA LANDSCAPES, INC.

By: ___________________________
Terry Noriega
President
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MEMORANDUM
TO: Bryan H. Montgomery, City Manager/IWA Executive Director FROM: Reymundo Trejo, P.E., IWA General Manager

DATE: July 1, 2025
SUBJECT: Approval of a purchase order and the contract documents in the amount of $63,732 to Mariposa Landscapes, Inc. and authorize an additional 10 percent as a contingency in the amount of $6,373 for unforeseen conditions, for a total amount of $70,105 for Landscape and Maintenance Services, Project No. WT-WALM25, for Fiscal Year 2025-2026.

IWA respectfully request your approval of purchase requisition with Mariposa Landscapes, Inc. for landscape and maintenance services at all IWA facilities as described in Attachments 1-4.

Background:

Indio Water Authority requested bids from qualified landscape and maintenance firms to provide twiceper-month landscape maintenance and other related work at all IWA facilities including well sites, reservoir sites and other facilities. In general, the scope of work consists of maintenance inspection, weed abatement, maintenance of irrigation systems, pruning of trees, shrubs, and other related activities. In addition, the work involves routine maintenance of the manual or automated gate systems for each facility.

This Landscape & Maintenance project is scheduled to begin July 1, 2025, and will end June 30, 2026.

IWA recently completed the bid process for the landscape and maintenance services all IWA facilities including well sites, reservoir sites and other facilities. On May 6, 2025, staff sent the Notice Inviting Bids in accordance with the formal bidding procedures of the California Uniform Public Construction Cost Accounting Act. Bids were opened on May 27, 2025, and Mariposa Landscapes, Inc. submitted the lowest responsible bid in the amount of $63,732.

The total cost of services is a not-to-exceed amount of $70,015 for FY25/26. Funds are available in the IWA FY25/26 Production Budget Fund: 8106712-523015 - Misc. Repair & Maintenance Services.

If you should have any questions regarding this purchase requisition request, please contact me.

Approved By:

Bryan H. Montgomery
City Manager/Executive Director
Attachments:
1 – Description of Maintenance Items
2 – Location of Existing Facilities
3 – Maintenance Description
4 – Existing IWA Well Lots for Future Wells
Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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INDIO WATER AUTHORITY

PUBLIC WORKS AGREEMENT

BY AND BETWEEN

THE INDIO WATER AUTHORITY,

A JOINT POWERS AUTHORITY
AND
MARIPOSA LANDSCAPES, INC.

A CALIFORNIA CORPORATION
Form Approved January 2025
Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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INDIO WATER AUTHORITY PUBLIC WORKS AGREEMENT

FOR LANDSCAPE & MAINTENANCE SERVICES TO
BETWEEN THE INDIO WATER AUTHORITY AND MARIPOSA LANDSCAPES, INC.

THIS INDIO WATER AUTHORITY PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this 1st day of July, 2025 (“Effective Date”), by and between the INDIO WATER AUTHORITY (“Authority”), a joint powers authority and Mariposa Landscapes, Inc., a California Corporation, ( “Contractor”). For the purposes of this Agreement Authority and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. Authority has sought by formal bid process to contract for the performance of Landscape & Maintenance services pertaining to LANDSCAPE & MAINTENANCE SERVICES , defined and described particularly in Section 1 “Scope of Work” and Section 2 “Schedule of Performance” of this Agreement.

2. Contractor was selected by Authority to perform those services as the lowest responsive and responsible bidder.

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, Authority has authority to enter into this Agreement pursuant to the approval of the Authority’s Governing Board (“Board”).

5. The Parties desire to formalize the selection of Contractor for performance of those services defined and described with particularity in Section 1 “Scope of Work” and Section 2 “Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SCOPE OF WORK.

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 Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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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 of scope of work for the Landscape & Maintenance Services (“Project”).

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, the Construction Manager on account of delay, hindrance, interference, or other events caused by a separate contractor.

As used herein, “Construction Manager” shall mean Roman Gonzalez.

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 TWELVE (12) months, 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 individual activity durations. The aggregate sum total work of all individual Prime Contractors to AUTHORITY comprises the entire "Project" and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within Twelve (12) months ("Contract Time").

Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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C. EXTENSIONS OF TIME. In the event Authority 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 Authority 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 Authority insofar as they necessarily require additional time in which to complete the work; the prevention by Authority 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 City-wide 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 Authority 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 interference from other Contractors employed by Authority, 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 Authority) but shall not under any Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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circumstances increase the sum Authority 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 Authority Engineer in writing of the probability of such delay and its cause, in order that the Authority 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 Authority 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 Authority 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 Authority Engineer at the time of its occurrence has been an excusable delay.

F. Extension Of Time - Excusable Delay.

Should any delays occur which the Authority 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, Authority shall not charge liquidated damages against Contractor for such delay.

1. Extension Of Time Does Not Waive Authority's Rights. The granting of any extension of time on account of delays which in the judgment of the Authority Engineer are excusable delays shall in no way operate as a waiver on the part of Authority 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 Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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progress of the work whether such delays qualify for extension of time under this Agreement or not.

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

The Authority 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 Authority'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
-Labor and Materials Payment Bond -Drawings
-Change Orders -Shop Drawing Transmittals
-General Conditions/Standard Specifications -Special Conditions Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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-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 Authority 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:

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 Authority 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. Authority agrees to pay, and Contractor agrees to accept, in full payment for the above work, the sum of Sixty-Three Thousand Seven Hundred and Thirty-Two DOLLARS AND Zero CENTS ($63,732.00), which sum is to be Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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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 Authority, Authority will use its best efforts to cause Contractor to be paid the time frames set out below.

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 “Schedule of Performance,” the Authority shall pay the same rates specified in Exhibit “B” “Compensation.”
B. Progress and Final Payments.

Based upon Applications for Payment submitted to the Indio Water Authority’s General Manager/Authority’s Engineer by CONTRACTOR and Certificates for Payment issued by the Authority General Manager/Authority Engineer, AUTHORITY shall make progress payments on account of the Contract Sum to CONTRACTOR upon submission of satisfactory invoices to AUTHORITY. 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. Substitution of Securities. Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by AUTHORITY 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 Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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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 AUTHORITY 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 AUTHORITY, pursuant to the terms of this section.

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 AUTHORITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by AUTHORITY, 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.

D. 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.

E. PAYMENT OF UNDISPUTED CONTRACT AMOUNTS. Payment of undisputed contract progress payments or amounts is contingent upon Contractor furnishing the Authority with a release of all claims against the Authority arising by virtue of the contract related to those amounts. The Authority 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 Authority 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.

F. ACCEPTANCE NOT RELEASE. Contractor shall correct immediately any defective or imperfect work which may be discovered before final acceptance of the entire Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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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 Authority 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 Authority at any subsequent time from recovering damages or of such a sum of money as may be required to build anew all portions of the work in which fraud was practiced or improper materials used whenever Authority 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.

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

Authority shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. Authority’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 Authority 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 Authority and may be used, reused or otherwise disposed of by Authority without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to Authority 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 Authority 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 Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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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 Authority 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 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 Authority 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 Authority, 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 Authority 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 Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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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 Authority or its designated representative. Copies of such documents or records shall be provided directly to the Authority for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices, “Section 25,” of this Agreement.

C. Where Authority 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, Authority may, by written request, require that custody of such documents or records be given to the Authority. Access to such documents and records shall be granted to Authority, 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 Authority. Contractor shall have no authority to bind Authority in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Authority, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Authority.

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 Authority, nor any elected or appointed boards, officers, officials, employees or agents of Authority, 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 Authority.

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 Authority’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

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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 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 Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of Authority.

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 Authority 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 Authority 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 Authority, then Authority 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 Authority 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-27" Landscape Contractors license which Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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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 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.

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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 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 Authority. Neither Authority, nor any elected or appointed boards, officers, officials, employees or agents of Authority, 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 Authority 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 Authority’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 Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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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 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 83101 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 AUTHORITY 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 Authority for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse Authority for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Authority.

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SECTION 15. CONFLICTS OF INTEREST.

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 Authority 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 Executive Director. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Authority in the performance of this Agreement.

B. Authority 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 Authority relative to such projects. Any future position of Authority on such projects shall not be considered a conflict of interest for purposes of this section.

C. Authority 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 Authority, 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 Authority without prior written authorization from the Executive Director, except as may be required by law.

B. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Executive Director or unless requested by the General Counsel of Authority, 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 Authority notice of such court order or subpoena.

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

Authority 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 Authority and to provide Authority 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 Authority 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 Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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provisions are intended to be as broad and inclusive as is 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 AUTHORITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and AUTHORITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of AUTHORITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for AUTHORITY's defense until such time as a final judgment has been entered adjudicating AUTHORITY 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 Authority 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, re-erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the work, except as otherwise agreed.

Docusign Envelope ID: B401CC83-81E4-4E11-9F40-057E56876FD0 Docusign Envelope ID: 43068E6F-6B3D-433D-9C4B-9375CE33F438

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Indio City CouncilJuly 15, 2026

Indio City Council
July 15, 2026