Indio City Council
September 16, 2026

Purchase Agreement with Dekra-Lite for the purchase of holiday decoratio... Page 684 of 2236 3 Sub Total 65,017.44
Tax (8.75%) 3,296.39
Service (0%) 0.00
Total $68,313.83
# Item & Description Qty Rate Amount
15 14FT Wreath Walkthrough Arch
SKU 14-WTWA-GR. St. Nick's exclusive 14 ft lighted wreath walkthrough arch.

Location: Civic Campus, final placement to be confirmed at site walk.
1 pcs
14,835.00 14,835.00
16 Installation Labor & Equipment
Field installation of all decor listed above, quoted as a lump sum covering all locations. Includes crew, lift equipment, mounting hardware, and connection to existing City power.

Assumes daytime access, City-provided power within reach of each display, and no street or lane closure permits. Final scope confirmed at site walk.
1 11,850.00 11,850.00
17 End-of-Season Removal Labor & Equipment
Removal of all installed decor at the close of the holiday season, quoted as a lump sum covering all locations. Includes crew, lift equipment, hardware retrieval, and transport to storage.

Site left clean and returned to pre-installation condition. 1 6,200.00 6,200.00
18 Off-Season Storage - Annual
Annual storage fee for all City-owned decor held at our facility between seasons, including inventory count and condition inspection prior to the following season.
1 4,897.49 4,897.49
Notes
Prepared for Gloria Jauregui, City of Indio. Pricing reflects current catalog pricing for the items selected.

GARLAND QUANTITIES: The 9'x14" pre-decorated garland ships in 9-foot strands, so footage has been rounded up to the next whole strand at each location.

CUSTOM COLORS: The garland and tree are re-decorated in the City of Indio palette - blood orange, red, blue, green and orange - to match the City sign. This is priced per unit on a separate line directly beneath the item it applies to, covering ornament and ribbon materials plus shop re-decoration labor; field installation is quoted separately below. Final color match to be confirmed against a City-supplied sign sample or color reference before production begins. Standard red/green/gold and silver/gold are available at catalog pricing if the City prefers to skip customization; simply remove those lines. Custom colorways carry an extended lead time, so please confirm early enough for production to be scheduled.

INSTALLATION & REMOVAL: Installation and end-of-season removal are each quoted as a lump sum covering all locations. Both assume daytime access, City-provided power within reach of each display, and no street or lane closure permits. Final scope confirmed following a site walk.

STORAGE: Quoted as an annual fee for City-owned decor held at our facility between seasons, including inventory count and condition inspection ahead of the following season.

For any questions, please call the St. Nick's office at (562) 438-0017.

Purchase Agreement with Dekra-Lite for the purchase of holiday decoratio... Page 685 of 2236 4 Terms & Conditions
All estimates are valid for 30 days.

A 50% deposit is required to schedule installation services. Please ensure the deposit is paid promptly to secure your booking.

Sales tax applies to materials only.

Purchase Agreement with Dekra-Lite for the purchase of holiday decoratio... Page 686 of 2236 1 Quote Date : 04 Sep 2026
Reference# :
2026 Holiday Decor -
Custom Tree Base,
Existing Inventory
Storage & Transfer
St. Nick's Christmas Lighting & Decor
6861 Walker Street
La Palma California 90623
U.S.A
QUOTE
# EST-001425
Bill To
City of Indio
100 Civic Center Drive
Indio
92201 CA
United States
# Item & Description Qty Rate Amount
1 Custom Printed Tree Base Surround - 28FT Sequoia Tree with 6FT Riser
Custom-fabricated panelized tree base surround enclosing the riser and stand of the City's existing 28FT Sequoia tree. Approximately 11 ft across and 6 ft tall, 8 printed panels. Powder-coated steel frame with printed composite panels, finished in the City of Indio colorway to match the garland and trees on EST-001422. Includes a design render for City approval before production.

One-time purchase, City-owned. Final panel count confirmed against the riser footprint. Artwork to be supplied or approved by the City.

PRODUCTION: design render 5 business days from order;
fabrication 5 weeks after the City approves the render; freight and QC 1 week. Total 7-8 weeks from approved artwork.
1 13,850.00 13,850.00
2 Off-Season Storage - 28FT Sequoia Tree & 6FT Riser (Annual) Annual storage of the City's existing 28FT Sequoia tree and 6FT riser at our facility between seasons, including inventory count and condition inspection prior to the following season.
1 3,650.00 3,650.00
3 Off-Season Storage - Custom Tree Base Surround (Annual) Annual storage of the custom tree base surround. Panels and frame crated flat and held at our facility between seasons, with condition inspection ahead of the following season.
1 1,250.00 1,250.00
4 Off-Season Storage - Silhouette Wreaths (Annual)
Annual storage of the City's existing silhouette wreaths at our facility between seasons, including inventory count and condition inspection prior to the following season. Priced per piece. 18 75.00 1,350.00
5 Off-Season Storage - Double Bow Accents (Annual)
Annual storage of the City's existing double bow accents at our facility between seasons, including inventory count and condition inspection prior to the following season. Priced per piece. 15 75.00 1,125.00

Purchase Agreement with Dekra-Lite for the purchase of holiday decoratio... Page 687 of 2236 2 Sub Total 57,690.00
Tax (8.75%) 1,211.88
Service (0%) 0.00
Total $58,901.88
# Item & Description Qty Rate Amount
6 Off-Season Storage - Denton Illuminated Large Candy Canes (Annual)
Annual storage of the City's existing Denton illuminated large candy canes at our facility between seasons, including inventory count and condition inspection prior to the following season. Priced per piece.
2 500.00 1,000.00
7 Off-Season Storage - Selfie Walk-Through Station (Annual) Annual storage of the City's existing selfie walk-through station at our facility between seasons, including inventory count and condition inspection prior to the following season.
1 1,200.00 1,200.00
8 One-Time Inventory Transfer from Current Storage Facility One-time pickup and transport of the City's existing holiday inventory from its current storage facility to ours. Includes crew, truck and equipment, plus a written condition report on every piece at intake.

The City authorizes release of the inventory; St. Nick's coordinates scheduling and handles the move.
1 3,850.00 3,850.00
9 Installation & Removal - 28FT Sequoia Tree & 6FT Riser (Annual) Seasonal installation and end-of-season removal of the City's existing 28FT Sequoia tree and riser. Includes assembly, leveling and anchoring of the 6FT riser platform; crane or large boom lift; rigging, tree assembly and anchoring; and end-of-season disassembly and crating.

Optional. Equipment and site access confirmed at site walk before the scope is final.
1 17,200.00 17,200.00
10 Installation & Removal - Custom Tree Base Surround (Annual) Seasonal panel assembly around the riser once the tree is set, leveling and wind anchoring, and end-of-season breakdown and crating.

Optional.
1 2,300.00 2,300.00
11 Installation & Removal - Additional City-Owned Decor (Annual) Seasonal installation and end-of-season removal of the City's existing silhouette wreaths and double bow accents at $255 each, the 2 illuminated candy canes at $525 each, and the selfie walkthrough station at $1,450. Includes crew, lift equipment and mounting hardware.

Optional. Assumes serviceable existing mounting hardware on the poles; new brackets, if required, quoted separately following the site walk.
1 10,915.00 10,915.00

Purchase Agreement with Dekra-Lite for the purchase of holiday decoratio... Page 688 of 2236 3 Notes
Prepared for Gloria Jauregui, City of Indio, in response to the follow-up questions of September 3, 2026. This estimate is an add-on to EST001422 and covers the custom tree base, storage of the City's existing holiday inventory, and the one-time move of that inventory into our facility.

WHAT IS ONE-TIME AND WHAT RECURS: The custom tree base ($13,850) and the inventory transfer ($3,850) are one-time. Every other line is annual. Year 1 totals $58,901.88; each year after is $39,990.00 at the same scope.

CUSTOM TREE BASE: Built to order rather than pulled from catalog - a panelized surround on a powder-coated steel frame with printed composite panels, finished in the City of Indio colorway. Production runs 7-8 weeks from approved artwork. For the base to be installed before Thanksgiving, artwork and purchase order need to be confirmed by September 18, 2026; September 25 is the latest date that still allows production to be scheduled ahead of the season.

STORAGE: An annual fee covering City-owned decor held at our facility between seasons, including inventory count and condition inspection ahead of the following season. This is in addition to the storage line already quoted on EST-001422; taken together, all Cityowned decor is held in one place under one inventory and comes out together each November.

INVENTORY TRANSFER: One-time cost to move the existing inventory out of its current storage facility and into ours, with a written condition report on every piece at intake.

INSTALLATION: Installation and removal of the existing City-owned pieces is optional and quoted separately from EST-001422. The 28FT Sequoia requires a crane or large boom lift; final scope and equipment confirmed following a site walk. If the City can provide a 60FT or larger bucket truck and traffic control on installation days, the installation figure is reduced accordingly.

TO BE CONFIRMED BY THE CITY: (1) riser footprint dimensions for the 28FT tree base; (2) whether City artwork is printed on the base panels or the panels are solid color; (3) which scope option the City would like written up; (4) mounting condition of the poles carrying the wreaths and bow accents; (5) whether Public Works can provide a bucket truck and traffic control; (6) a date for the site walk.

For any questions, please call the St. Nick's office at (562) 438-0017.

Terms & Conditions
All estimates are valid for 30 days.

A 50% deposit is required to schedule installation services. Please ensure the deposit is paid promptly to secure your booking.

Sales tax applies to materials only.

Custom fabrication is non-cancellable once production begins.

Purchase Agreement with Dekra-Lite for the purchase of holiday decoratio... Page 689 of 2236 City of Indio
City Council
September 16, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: A three-year software as a service agreement between the City of Indio and Trimble for Trimble Unity Maintain and API in the amount of $214,610.25 RECOMMENDATION:

Approve the annual software-as-a-service subscription agreement between the City of Indio in the amount of $214,610.25 for the term of three years.

SUMMARY:

The Software-as-a-Service (SaaS) agreement between the Indio Water Utility Maintenance (WUM) and Trimble, Inc. will allow WUM access to its asset management system (AMS) in its cloud environment.

BACKGROUND INFORMATION:

The City of Indio's Water Utility and Maintenance (WUM) Department has been using Unity, previously known as Cityworks, since 2010 as the foundation of its asset management system. Over the past 16 years, the platform has become deeply integrated into WUM’s operational workflows, enabling efficient management of infrastructure assets and alignment with our enterprise GIS. This long-term investment has allowed WUM to optimize processes, improve service delivery, and support data-driven decision-making.

Currently, WUM uses a version of the Cityworks platform running on premises at the Corporate Yard. However, there are critical benefits to moving to the cloud-based Unity platform. Unity operates in a segregated environment isolated from the Corporate Yard network, thereby adding an extra layer of cybersecurity. Moreover, Trimble will manage the software operating in this environment to ensure it is maintained and up to date, without the need for additional work from WUM staff. This platform also uses the most advanced features available for the platform, including faster deployment and an enhanced user interface HTML 5 for field staff using mobile devices. The renewal of this agreement is vital to WUM’s ongoing commitment to provide efficient and accurate service response, monitoring water system statuses effectively, and supporting the delivery of highquality utility services.

Trimble, Inc. is the sole provider of the Unity platform, which has been fully integrated into WUM’s processes and workflows through years of implementation and optimization. While Trimble remains the only vendor for the Unity platform, they work closely with a network of certified implementation partners to support system upgrades and enhancements. The total cost of the Unity SaaS agreement is $214,610.25 over three years as listed below:

AGENDA ITEM #10.14
A three-year software as a service agreement between the City of Indio a... Page 690 of 2236 Total Annual Software Subscription – Year 1 $65,506.75
Total Annual Software Subscription – Year 2 $72,742.75
Total Annual Software Subscription – Year 3 $76,360.75
FINANCIAL SUMMARY:

Current FY Financial
Impact:
$65,506.75 In current year budget: Yes
Current FY General
Fund Impact:
0 Budget adjustment: No
Next FY Financial
Impact:
$72,742.75 Strategic Objective: Public Infrastructure
Source of funds: Information Technology - ISF Fund-Org-Object Reference:
602-521064
ATTACHMENTS:
2026-08-11_Indio Water_ CA Maintain Pro Order Form and Terms APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 03 Sep 2026 Ruby D. Walla, Director of Finance Approved - 07 Sep 2026 Steven Graham Pacifico, City Attorney Pending
Milja Miric, Assistant City Attorney Pending

A three-year software as a service agreement between the City of Indio a... Page 691 of 2236

ORDER FORM
Order Date: Date of the last signature below
Trimble Entity Name (“Trimble”)
and Address:

Trimble Inc.
10368 Westmoor Drive
Westminster, CO 80021 US
Customer Entity Name
(“Customer”) and Address:

City of Indio
100 Civic Center Drive
Indio, CA 92201
Billing Contact Name and E-Mail
Address:

Miguel Pena
[email protected]
Is Customer Tax Exempt?
Is Customer a Public Entity?
Yes or No
Yes or No
Initial Term: 07/01/2026 - 04/02/2029
Validity: This Order Form shall expire on 5/5/2026 (the “Validity Date”). If this Order Form is not executed by the Customer by the Validity Date, Trimble reserves the right to not offer the pricing found in the Order Form.

Miscellaneous: * If Purchase orders issued by Customer, they are issued for administrative purposes only; terms and conditions contained in any such purchase order shall be null and void.

Background. On April 13, 2015, Azteca Systems, LLC (a wholly owned subsidiary of Trimble, Inc.) and Customer executed an agreement pertaining to Customer’s current Cityworks subscription (the “Cityworks Agreement”).

Purpose. The Purpose of this Order Form is to upgrade and migrate the Customer’s current Annual Software Subscription:

From: Cityworks AMS Standard ELA with Unlimited Logins.

To: Trimble Unity Maintain Professional with 70 Users.

Migration Process. Trimble will provision Customer’s Trimble Unity Maintain instance upon the later of a) execution of this Order Form or b) 90 days prior to the Initial Term (the “Provision Date”). Customer and its authorized Service Provider will then complete the software implementation and migration of Customer Data to the Trimble Unity Maintain environment. Upon completion of the implementation and migration, Customer will promptly notify Trimble of the anticipated Trimble Unity Maintain go-live date, which shall be no later than 1 year from the Provision Date. Upon go-live of Customer's Trimble Unity Maintain instance, Customer’s Cityworks subscription will automatically terminate, the Cityworks Agreement will automatically terminate, and Customer will cease any and all use of the Cityworks software and delete all copies thereof; provided, however, that Customer shall have a ninety (90) day transition period following go-live during which Customer may continue to access the Cityworks software in read-only mode for data verification purposes.

Support Terms & Service Level Agreement. The Support Terms and service levels applicable to Trimble Unity Maintain are provided in Addendums 4 and 8 below. Any support or service level obligations applicable to Cityworks will continue to be governed by Customer’s agreement with Azteca Systems, LLC.

Customer’s Service Provider. Customer has elected a third party, Timmons, to perform the implementation and migration described above. Trimble is not responsible for and disclaims all liability associated with the implementation and migration services performed by any third party.

A three-year software as a service agreement between the City of Indio a... Page 692 of 2236 Annual Software Subscription:

Software-as-a-Services
Product Name
Identifier Quantity Description Annual Amount
Trimble Unity Maintain Professional
Package
70 - Authorized
Users
See Addendum 1 for Additional Details $72,360.75
Work Order API Basic Add on to
Trimble
Unity
Maintain
1 Subscription associated with the Trimble Unity
Maintain Work Order API (Basic)
$4,000.00
Discount ($10,854.00)
Total Annual Software Subscription – Year 1 $65,506.75* Total Annual Software Subscription – Year 2 $72,742.75
Total Annual Software Subscription – Year 3 $76,360.75
*Fee for Year 1 is the annual amount. Please consult Section 3 of the Terms and Conditions for the prorated payment, if applicable.

Addendums:

1. Annual Software Subscription Details

2. Trimble General Transaction Terms (the “General Terms”)

3. Supplemental Terms for Software and Subscriptions (the “Software Terms”)

4. Supplemental Terms for Support and Maintenance (the “Support Terms”)

5. Supplemental Terms for Services (the “Services Terms”)

6. Supplemental Terms for Hardware (the “Hardware Terms”)

7. Supplemental Terms for U.S. Public Entities

8. Availability Service Level Agreement; Data Security and Restoration

TERMS AND CONDITIONS

1. Terms and Conditions. All offerings are made available by Trimble subject to the terms and conditions set forth in this Order and the above referenced Addendums.

2. AUTOMATIC RENEWALS. This Order will automatically renew for subsequent 12-month term(s) at then-current pricing, unless either party provides the other with notice of cancellation at least 30 days prior to the expiration of the then-current term.

3. Payment Terms. All fees are due Net 30 from the date of the Trimble invoice. ● Annual Software Subscription: Trimble will invoice:
○ Prorated Year 1 in the amount of $18,529.24 upon execution of this Order Form. Fee for Year 1 reflects the full year amount of $65,506.75 pro-rated for a period of 07/01/2026 - 04/02/2027 and taking into account the amount previously paid for Cityworks during the Prorated Term, in the annual amount of $41,002.50. o Year 2 in the amount of $72,742.75 upon 03/03/2027; and o Year 3 in the amount of $76,360.75 upon 03/03/2028.

4. Annual Price Increase. At each renewal following Year 3, Trimble has a right to increase the annual fees by the greater of (a) CPI plus two percent (2%) or (b) eight percent (8%). "CPI" shall mean for all Urban Consumers, the U.S. City Average, for all items, 1982-84=100 (the “CPI-U”), as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall be for the prior twelve months as of the date the calculation is made.

5. Electronic Invoices. Customer hereby consents to the receipt of invoices electronically at the indicated e-mail address(es) and accepts such invoices as if received by mail. Customer's e-mail address may be changed by written notice given by Customer to Trimble at: [email protected].

Customer is responsible for maintaining a current e-mail address and shall under no circumstances be excused from payment of applicable charges by its failure to access its; designated e-mail address.

6. Due Authority. By signing below, the signatory represents that he/she (i) is an authorized representative of Customer and (ii) has the authority to legally and functionally commit the Customer.

A three-year software as a service agreement between the City of Indio a... Page 693 of 2236 [Signature Page to Follow]

A three-year software as a service agreement between the City of Indio a... Page 694 of 2236

ACCEPTANCE
Accepted and agreed:

CUSTOMER: TRIMBLE:

Signature: Signature:

Print Name: Print Name: Carlos Abaunza_________________________ Title: Title: Sr. Director, Legal____________________________ Date: Date:

A three-year software as a service agreement between the City of Indio a... Page 695 of 2236 Addendum #1
Annual Software Subscription Details
Trimble Unity Maintain Professional
Authorized Users delineated on the Order Form get access to Trimble Unity Maintain’s:
● Admin
● Respond
● Style
● Storeroom Capability
● Workload Capability
● Equipment Checkout Capability
● OpX Projects Capability
● eURL Capability
● Web Hooks Capability
● Web Services Access¹
● Analytics for Trimble Unity Maintain Capability
● Trimble Unity Field’s Maintain Functionality
¹Use of Trimble Unity Maintain Application Programming Interface (APIs) with commercially available Trimble Unity Maintain-centric applications that are licensed and maintained by authorized Trimble Unity Maintain partners. Please contact Trimble for a list of commercially available partner applications that qualify for use with the Trimble Unity Maintain-centric APIs available in the Professional License Package. If the partner app is not listed, then the Trimble Unity Maintain Advanced API's in the Elite License Package are required for 3rd party integrations.

A three-year software as a service agreement between the City of Indio a... Page 696 of 2236 Addendum #2
Trimble General Transaction Terms
Version 1.2 (Last updated: May 1, 2024)
Trimble's provision of Offerings is governed exclusively by these Trimble General Transaction Terms (the “General Terms”). The Order, the SOW, these General Terms, any applicable Supplemental Terms, and all other terms referenced or incorporated therein, collectively constitute the “Agreement”. Any conflict or inconsistency in the Agreement will be resolved in the following order of precedence: (1) the Order, (2) any applicable Supplemental Terms, (3) these General Terms, (4) the SOW, and (5) the Documentation.

1. Definitions. Capitalized terms have the meaning associated with them in this Section 1 (Definitions) or with the definition provided elsewhere in the Agreement.

1.1. “Affiliate” means an entity that, directly or indirectly, owns or controls, is owned or controlled by or is under common ownership or control with a party, where “ownership” means the direct or indirect ownership of more than fifty percent (50%) of an entity’s outstanding voting rights or other equivalent voting interests.

1.2. “Customer” is the entity or person identified in the Order or SOW.

1.3. “Dispute(s)” means any dispute, claim, or controversy arising from or related to the Agreement.

1.4. “Documentation” means Trimble’s then-current usage guidelines, standard technical documentation, acceptable use policies, support policies, service level commitments, or other policies referenced in the Agreement.

1.5. ”Hardware" means hardware products specified in the Order.

1.6. “High Risk Activities” means any mission critical, hazardous, strict liability, or other activity(ies) where use or failure of the Offerings could lead to death, personal injury, or physical or environmental damage. Examples of High Risk Activities include, but are not limited to: aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, autonomous vehicles, air traffic control, emergency services, or weaponry systems. High Risk Activities do not include utilization of Offerings for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.

1.7. “Intellectual Property Rights” means any and all right, title and interest in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, trade names, rights in trade dress and packaging, moral rights, rights of privacy, publicity, database rights and similar rights of any type, including any applications, continuations or other registrations with respect to any of the foregoing, under the laws or regulations of any foreign or domestic governmental, regulatory or judicial authority, and the right to sue for, settle and release past, present and future infringement of any of the foregoing.

1.8. “Law(s)” means all applicable local, state/provincial, federal and international laws, rules, regulations, directives, ordinances and conventions, including, but not limited to, those related to data privacy and data transfer, international communications and export of technical or personal data.

1.9. “Licensed Software” means the object code form of Trimble’s proprietary installed software product for deployment on premises or on a device, as well as any Documentation, maintenance releases, and features and functionality enhancements, and application programming interfaces (APIs), in each case as may be made available pursuant to the Order. For clarity, Licensed Software excludes firmware.

1.10. “Offerings” means Trimble’s Hardware, Software, Services, Support, and other Trimble goods or services specified on an Order or SOW.

1.11. “Order” means the quotation, proposal, sales agreement or similar documents provided by Trimble and accepted by Customer.

1.12. “Services” means any services described in the Order or a Statement of Work, including, without limitation, training, enablement, implementation, configuration, hosting, or content provision.

1.13. "Software" means the Licensed Software and/or Software-as-a-Service specified on an Order.

1.14. “Software-as-a-Service” or “SaaS” means a Trimble proprietary cloud service, as well as any Documentation, features and functionality enhancements, and application programming interfaces, in each case as may be made available pursuant to the Order.

1.15. “Statement of Work” or “SOW” means a statement of work or similar agreement governing the provision of Services.

1.16. “Supplemental Terms” are any additional Trimble terms and conditions referenced in the Order as “Supplemental Terms."

1.17. “Support” means support and/or maintenance for Software, and as may be further described in the applicable Supplemental Terms, Documentation, or otherwise as specified by Trimble in writing.

1.18. “Trimble” means Trimble Inc. or its Affiliate identified on the Order or SOW, or if none is specified, as set forth in Exhibit A (Trimble Entities; Governing Law; Exclusive Venue/Jurisdiction) based on the applicable Customer location.

1.19. “Trimble IP” means the Offerings, Documentation, and any written and electronic materials, proprietary information, documentation, code, technology, systems, infrastructure, equipment, and trade secrets developed, provided or used by Trimble or its subcontractors to produce and provide the Offerings together with all Intellectual Property Rights therein, together with all modifications, improvements, changes thereto or derivative works thereof, including without limitation:
(a) proprietary electronic architecture and other non-literal elements of the Offerings developed by Trimble, (b) functional and technical specifications and other technical, training, reference or service information, documentation and manuals and updates thereto,
(c) APIs, customized applications and computer programs,

A three-year software as a service agreement between the City of Indio a... Page 697 of 2236 (d) processes, methods, algorithms, ideas, and other “know how,” (e) data and information provided or sourced by Trimble, (f) Offerings which Customer has the right to use via a subscription, and (g) network equipment and architecture.

2.Orders; Validity. An Order is valid for acceptance by Customer within the period indicated in the Order and if no such period is provided, for thirty (30) calendar days from the issue date. The Agreement is formed by Customer’s execution of the Order. Changes to an Order or belated acceptance by Customer are not valid unless Trimble accepts them in writing, and Trimble’s partial or complete delivery against an Order modified by Customer, or acceptance of payment, shall not be deemed to be an acceptance of the modification. Orders that Customer has accepted cannot be canceled for any reason without Trimble’s prior written consent. Notwithstanding anything to the contrary, while Customer may issue a purchase order or similar document for administrative purposes, no provisions of Customer’s purchase orders, invoices, associated purchase documentation, or other business forms will apply to, modify, supersede or otherwise alter the terms of this Agreement or Customer’s payment obligations thereunder, and any such provisions will be of no force or effect.

3. Payment Terms; Invoicing

3.1. Fees are as set forth in the Order or SOW. Fees do not include applicable sales taxes, value added taxes, goods and services taxes, export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes, surcharges and fees, or similar charges, all of which are Customer’s responsibility to pay. Unless Customer provides Trimble with direct payment authority or a valid exemption certificate for the appropriate jurisdiction, Customer will pay Trimble all such taxes, charges, and fees invoiced by Trimble in connection with the Offerings. Customer will pay any foreign exchange transaction fees and any foreign exchange profits or losses incurred on such transactions.

3.2. Trimble will issue invoices in accordance with the billing frequency stated in the Order or SOW. Customer consents to the receipt of invoices electronically at the email address(es) it provided to Trimble for billing purposes, and accepts such invoices as if received by mail. Customer is responsible for maintaining current email address(es) with Trimble. Trimble’s transmission of an invoice to the provided billing email address(es) (regardless of whether actually received by Customer), , shall be considered delivery of that invoice by Trimble. Trimble’s failure to issue an invoice in accordance with this Section 3 (Payment Terms; Invoicing) shall not be deemed to be a waiver by Trimble of its right to receive payment pursuant to the Agreement, but Customer shall not be obligated to make such payment until an invoice for such payment is issued by Trimble to Customer.

3.3. Unless otherwise set forth in the Order or SOW, payments are due net 30 days from the date of invoice. Customer will make payment in the currency indicated on the Order or SOW. Trimble is entitled to offset payments against prior debt balances in Customer's account. Subject to any Laws to the contrary or as otherwise expressly stated in the Agreement, payments are not refundable. No credit, carryover, or refund will be given for any unused Offerings (e.g., services hours, data usage) allocated or available for use during an indicated period of time.

3.4. Delinquent payments not subject to a bona fide dispute will bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable Law. If Customer does not object in writing to an invoiced amount by within thirty (30) days of Customer’s receipt of the invoice, Customer will be deemed to have acknowledged the correctness of that invoice and to have waived its right to dispute that invoice. A dispute as to a portion of any invoice or amount owed will give Customer the right to withhold or delay payment of the disputed portion only. Customer will be liable for all reasonable costs of collection of past due amounts (including attorneys’ fees).

3.5. Trimble may suspend Customer’s access to or Trimble’s provision of Offerings, as applicable, on five (5) business days prior notice if Customer fails to timely pay any invoice not subject to a bona fide payment dispute or fails to use diligent good faith efforts to resolve a bona fide payment dispute (unless cured during the notice period).

3.6. Reserved.

3.7. Reserved.

3.8. Offerings purchased or licensed under Trimble’s United States General Services Administration ("GSA") Schedules are subject to all of the pricing and other terms and conditions described in the applicable GSA Schedule.

4. Term and Termination

4.1. Term. The term and any renewals thereof applicable for an Offering (collectively, the “Term(s)”) shall be as set forth in the Order, SOW, or Supplemental Terms. Different Offerings may have different Terms.

4.2. Termination. Either party may terminate the Agreement if the other party (a) fails to cure a material breach of the Agreement (including a failure to pay fees), or fails to provide a written plan of cure reasonably acceptable to the nonbreaching party, within thirty (30) days after the non-breaching party’s receipt of written notice specifying such breach or failure, (b) becomes designated by an applicable governmental entity as a business with which a party is prohibited from doing business with (e.g., via governmental sanctions program), or (c) seeks protection under insolvency or comparable proceeding, or if such proceedings are instituted against that party and not dismissed within sixty (60) days.

4.3. Survival. These Sections survive expiration or termination of the Agreement: 1 (Definitions), 3 (Payment Terms; Invoicing),

4.3 (Survival), 6 (Warranty Disclaimers), 7 (Limitations of Liability), 8 (Indemnification), 9 (Confidentiality), 11 (Personal Information; Data Protection), 12 (Miscellaneous), any other provisions identified in any applicable Supplemental Terms referencing this provision, and any other term or provision in the Agreement that applies to events occurring following termination or expiration. Except where an exclusive remedy is provided, exercising a remedy under the Agreement, including termination, does not limit other remedies a party may have.

5. Customer Obligations

5.1. High Risk Activities. Customer will not use the Offerings for High Risk Activities. Customer acknowledges that the Offerings are not intended to meet any legal obligations for High Risk Activities. Trimble and its suppliers specifically disclaim any responsibility for, and will not be liable in any manner arising from, any use of the Offerings in connection with High Risk Activities.

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5.2. Compliance with Laws. Customer shall comply with all Laws in connection with its use or receipt of the Offerings.

5.3. Dependencies and Compatibilities.
(a) Offerings may (i) require certain dependencies, including, without limitation, internet connection, electronic communications, hardware, data connections, operating systems, third-party products and services, other Trimble products and services, satellite signals, etc. (collectively, “Dependencies”), and (ii) allow compatibility and/or interoperability with other products or services made available by Trimble, Customer, or a third party (collectively, “Compatibilities”). (b) Dependencies and Compatibilities may require payment of a separate fee and are governed by their respective terms of service, end user license agreement, or other agreement, and not by the Agreement. Unless otherwise expressly agreed upon by the parties in writing, Customer is responsible for all Dependencies and Compatibilities. Trimble may modify the Offerings from time to time, and Trimble does not guarantee that the Offerings will continue to operate or be compatible with any Dependencies or Compatibilities. Trimble makes no warranty or guarantee, and will have no liability or obligations under the Agreement, with respect to any Dependencies, Compatibilities, or other factors outside of Trimble’s control. (c) Customer represents and warrants that it shall, and shall use commercially reasonable efforts to require any provider of any Dependencies and Compatibilities to: (i) establish and maintain industry standard technical, organizational, physical, and administrative safeguards designed to ensure the security and integrity of the Offerings; and (ii) comply with the security controls, configuration requirements, and access limitations imposed by Trimble, as may be modified by Trimble from time to time.

6. WARRANTY DISCLAIMERS.THE LIMITED WARRANTY TERMS, IF ANY, EXPRESSLY SET FORTH IN ANY APPLICABLE SUPPLEMENTAL TERMS ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON TRIMBLE’S PART ARISING OUT OF, OR IN CONNECTION WITH, THE OFFERINGS, AT ANY TIME EITHER DURING OR AFTER EXPIRATION OF THE APPLICABLE WARRANTY, AND STATE TRIMBLE’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDIES RELATING TO THEM. EXCEPT FOR ANY LIMITED WARRANTY TERMS EXPRESSLY PROVIDED IN ANY APPLICABLE SUPPLEMENTAL TERMS, THE OFFERINGS ARE PROVIDED "AS-IS'' AND WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY

KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT. SUPPLEMENTAL TERMS MAY HAVE ADDITIONAL DISCLAIMERS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION(S) MAY NOT APPLY OR FULLY APPLY TO CUSTOMER.

7. Limitations of Liability.

7.1. Waiver; Liability Cap.
(a) EXCEPT FOR EXCLUDED CLAIMS, (i) NEITHER PARTY (OR ITS SUPPLIERS) SHALL BE LIABLE FOR DAMAGES FOR LOSS OF

PROFIT OR REVENUE, DATA THAT IS LOST OR CORRUPTED, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF

BUSINESS, LOSS OF GOODWILL, OR ANY SPECIAL, INCIDENTAL, RELIANCE, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; AND (ii) EACH PARTY’S (AND EACH OF ITS SUPPLIER’S) ENTIRE LIABILITY FOR ANY AND ALL

DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED IN AGGREGATE THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO TRIMBLE DURING THE PRIOR 12 MONTHS UNDER THE AGREEMENT FOR THE APPLICABLE OFFERING(S) GIVING RISE TO THE LIABILITY.
(b) “EXCLUDED CLAIMS” MEANS (i) CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE AGREEMENT, (ii) DAMAGES PAYABLE TO A THIRD PARTY (I.E., NOT AN INDEMNIFIED PARTY) EITHER AWARDED BY A COURT OF COMPETENT JURISDICTION OR

INCLUDED IN A SETTLEMENT AGREED TO BY THE INDEMNIFYING PARTY, WHICH DAMAGES ARE SUBJECT TO A PARTY'S INDEMNIFICATION OBLIGATIONS IN SECTION 8 (INDEMNIFICATION), AND (iii) ANY ADDITIONAL “EXCLUDED CLAIMS” EXPRESSLY IDENTIFIED IN ANY APPLICABLE SUPPLEMENTAL TERMS. (c) THE ABOVE LIMITATIONS OF LIABILITY WILL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF

SUCH DAMAGES COULD HAVE BEEN FORESEEN OR IF A PARTY HAS BEEN APPRAISED OF THE POSSIBILITY OF SUCH

DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ARISING IN BREACH OF ANY ONE OR MORE

WARRANTIES, NON-CONFORMITY, IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE.
(d) SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT

MISREPRESENTATIONS, CERTAIN INTENTIONAL OR NEGLIGENT ACTS, VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH AN EVENT, THE FOREGOING LIMITATION(S) WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

7.2. Nature of Claims and Failure of Essential Purpose. The waivers and limitations in this Section 7 (Limitations of Liability) are agreed-upon allocations of risk constituting in part the consideration for Trimble’s performance under the Agreement, and will survive and apply even if any limited remedy in the Agreement fails of its essential purpose.

8. Reserved.

9. Confidentiality.

9.1. Definition. “Confidential Information” means information disclosed to the receiving party under the Agreement that is designated by the disclosing party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. Trimble’s Confidential Information includes, without limitation, the terms and conditions of the Agreement, and any technical or performance information about the Offerings, including the Documentation.

9.2. Obligations. As a receiving party, each party (a) will protect the confidentiality of the disclosing party’s Confidential Information using the same degree of care it uses for its own information of like importance (but not less than reasonable care), (b) will not share the disclosing party’s Confidential Information with third parties except as permitted in the Agreement or with the disclosing party’s prior written or electronic consent, and (c) will only use Confidential Information to fulfill its obligations and exercise its rights in the Agreement. The receiving party may disclose Confidential Information to its employees, agents, Affiliates, contractors, and other representatives (collectively, “Representatives”) having a legitimate

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9.3. Exclusions. These confidentiality obligations do not apply to information that the receiving party can document (a) is or becomes public knowledge through no fault of the receiving party or its Representatives, (b) it rightfully knew or possessed on a non-confidential basis prior to receipt under the Agreement, (c) it rightfully received from a third party without obligation of confidentiality, or (d) it independently developed without using the disclosing party’s Confidential Information. (e) Supplemental Terms may have additional exclusions.

9.4. Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which remedies at law (e.g., monetary damages) alone are an insufficient remedy. In the event of such actual or threatened breach by a party, the other party may seek injunctive relief, in addition to other available rights and remedies, for breach or threatened breach of this Section 9 (Confidentiality), without proof of actual damages or the requirement of posting a bond or other security.

9.5. Required Disclosures. Nothing in the Agreement prohibits either party from making disclosures if required by Law or government or court order, provided (if permitted by Law) it notifies the other party in advance and reasonably cooperates in any effort by the other party to obtain confidential treatment.

10. Intellectual Property Rights.

10.1. Trimble IP. As between the parties, except for any limited usage rights set forth in any Supplemental Terms, Trimble and its suppliers have and will retain all Intellectual Property Rights in and to Trimble IP and all copies, modifications, and derivative works thereof. No Intellectual Property Rights are granted by Trimble to Customer except as expressly provided under the Agreement.

10.2. Feedback. Customer may from time to time provide suggestions, comments, or other feedback (collective, “Feedback”) to Trimble with respect to the Offerings. Both parties agree that all Feedback is and will be given entirely voluntarily, and shall not be considered Confidential Information of Customer. Customer shall not provide any Feedback that is subject to license terms that seek to require any of Customer’s products, technology, service, or documentation incorporating or derived from such Feedback, or any of Customer’s intellectual property to be licensed or otherwise shared with any third party. Customer hereby grants to Trimble and its Affiliates a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and otherwise exploit the Feedback.

11. Personal Information; Data Protection.

11.1. This Section 11 (Personal Information; Data Protection) applies if Customer is a legal person (i.e., a business or legal entity).

All Laws relating to the protection of privacy and data protection are referred to as “Data Protection Legislation”. “Personal Information” is defined as in the Applicable Data Protection Legislation, or if no definition is provided, any personally identifiable information which is either (a) provided by Customer or on its behalf, or (b) automatically collected through the Offering on Customer’s behalf. “Applicable”, in this context, means the Data Protection Legislation applicable to Customer at Customer’s principal place of business or to Trimble at Trimble’s principal place of business, and such Laws that the parties mutually agree apply.

11.2. Each party will comply with all Applicable requirements of the Data Protection Legislation. This Section 11 (Personal Information; Data Protection) is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the applicable Data Protection Legislation.

11.3. The parties acknowledge that: (a) when performing its obligations under the Agreement, Trimble processes Personal Information on Customer's behalf, except for user registration and software licensing and usage data, for which Trimble acts as responsible party, and (b) the Personal Information may be transferred or stored, and/or accessed from outside of the country where Customer’s principal place of business is located in order to provide the Software and Trimble's other obligations under the Agreement.

11.4. Customer will ensure that it has all necessary appropriate consents and notices in place to enable (a) lawful transfer of the Personal Information to Trimble for the duration and purposes of the Agreement and (b) Trimble to lawfully use, process and transfer the Personal Information in accordance with the Agreement, including on Customer's behalf.

11.5. If the processing of Personal Information by Trimble is subject to the General Data Protection Regulation ((EU) 2016/679) or the Data Protection Act 2018 of the United Kingdom, then, in addition, at the written request of Customer, the parties will execute an applicable data processing addendum, available at https://www.trimble.com/privacy/DPA-TI-EuroSubs (or any successor url). Transfers of Personal Information from Trimble entities located in Europe, acting as data exporter, to Trimble entities in the USA, acting as data importer, are governed, for the benefit of Customer, by the Standard Contractual Clauses available at the same url or upon written request to Trimble.

11.6. If the processing of Personal Information by Trimble is subject to US data protection laws, rules or regulations, then the US Data Processing Addendum for Customer Personal Information (available at https://dl.trimble.com/www/us_dpa_customer.pdf or any successor url) is herein incorporated by reference.

12. Miscellaneous.

12.1. Assignment. Trimble may assign the Agreement upon notice to Customer, provided the assignee is capable of performing Trimble's obligations hereunder. Customer may not assign or transfer the Agreement (by operation of law or otherwise) without the prior written consent of Trimble, not to be unreasonably withheld. Any non-permitted assignment is void. The Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

12.2. Amendments. No amendment to the Agreement shall be effective unless mutually agreed upon by both parties in writing.

Notwithstanding the foregoing, Trimble may modify Documentation upon written notice to Customer to reflect new features or changing practices, provided that the modifications will not materially decrease Trimble's overall obligations with respect to such Offering(s).

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12.3. Waiver and Severability. No waiver of any provision or breach of the Agreement (a) will be effective unless made in writing, or (b) will operate as or be construed to be a continuing waiver of such provision or breach. In the event any portion of the Agreement is held to be invalid or unenforceable, such portion will be construed as nearly as possible to reflect the original intent of the parties, or if such construction cannot be made, such provision or portion thereof will be severable from the Agreement, provided that the invalidity, illegality, or unenforceability in whole or in part of any provision does not affect the validity of other provisions.

12.4. Force Majeure. Neither party will be liable for any default, delay, or non-performance of its obligations under the Agreement (except for payment obligations) due to causes beyond its reasonable control, including, without limitation, strikes, blockades, war, terrorism, riot, internet or utility failures, governmental orders or actions, national or regional emergency, pandemics, or natural disasters, provided that such party promptly notifies the other in writing of such occurrence and uses commercially reasonable efforts to resume performance of its affected obligations as soon as feasible. Delays or failures that are excused as provided in this Section 12.4 (Force Majeure) will result in automatic extensions of dates for performance for a period of time equal to the duration of the events excusing such delay or failure.

12.5. Notices. Any notice or other communication given by either party to the other regarding the Agreement will be deemed given and served when personally delivered or delivered by reputable international courier requiring signature for receipt addressed to the party at its notice address. Notice will be deemed effective upon delivery or refused delivery attempt.

Either party may change its notice address by written notice to the other. Customer's notice address will be the address appearing on the Order or SOW. Trimble's notice address will be the applicable address on Exhibit A (Trimble Entities; Governing Law; Exclusive Venue/Jurisdiction), or if the Trimble entity is not listed there, then on the Order. In addition, any valid notice to Trimble shall include a required copy to: Trimble Inc., Attn: General Counsel - Important Legal Notice, 510 De Guigne Drive, Sunnyvale, CA 94085, USA. Trimble may send operational notices to Customer by email or through the Offering, including, without limitation, modifications of the Agreement or Documentation, suspension, collection, and termination notices related to overdue fees.

12.6. Export Control. Customer acknowledges that the Offerings are subject to export restrictions by the United States government and import restrictions by certain foreign governments. Customer will not, and will not allow any third party to, remove or export from the United States or allow the export or re-export of any part of the Offerings or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S.

Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, Laws of any United States or foreign agency or authority. Customer warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Offerings are further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government. Customer will defend, indemnify, and hold Trimble harmless against any liability (including attorneys’ fees) arising out of Customer’s failure to comply with the terms of this Section.

Customer’s obligations under this Section 12.6 (Export Control) will survive the termination of the Agreement for any reason whatsoever.

12.7. Anti-Corruption Compliance. Each party, and any third party acting on its behalf, will comply with all applicable United States and international anti-corruption and anti-bribery laws and regulations, including, without limitation, the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and others (collectively, “Anti- Corruption Laws”). Each party, and any third party acting on its behalf, will not directly or indirectly offer, promise, or give any payment or anything of value to a government official, or any other individual or entity, where the intent is to improperly influence any act or decision of the government official, or other individual or entity, to obtain or retain business or some other benefit or commercial advantage for either party. Each party, and any third party acting on its behalf, also will not solicit or accept any sort of payment or anything of value from anyone, where the intent is to improperly influence any acts of a party or any third party acting on its behalf.

12.8. GSA. Offerings purchased or licensed under Trimble’s United States General Services Administration ("GSA") Schedules are subject to all of the pricing and other terms and conditions described in the applicable GSA Schedule.

12.9. Governing Law and Venue. The sole and exclusive governing Law, jurisdiction, and venue for the Agreement and all Disputes shall be: (1) as set forth in the Order, if any, or (2) otherwise, as set forth on Exhibit A (Trimble Entities; Governing Law; Exclusive Venue/Jurisdiction), in each case to the exclusion of all others; provided that Trimble may elect to bring action in courts with jurisdiction for Customer’s location. The United Nations Convention on Contracts for the International Sale of Goods and any conflicts of laws provisions giving rise to a different result do not apply. Each party hereby waives, to the maximum extent permitted by law, any objection, including any objection based on forum non conveniens, to the bringing of any such proceeding in such jurisdiction.

12.10. Reserved.

12.11. Region-Specific Terms. Additional terms and conditions for specified regions are as set forth in Exhibit B (Region-Specific Terms).

12.12. Publicity. Customer agrees that (a) Trimble may issue a press release in the form approved by the parties regarding the parties' entry into the Agreement, and (b) Trimble may identify Customer (including through use of its name and logo) as Trimble’s customer, including on Trimble’s website, and may include Customer in its customer list and marketing materials, but will cease this use upon Customer’s written request.

12.13. Headings; Language. The headings in the Agreement have been inserted for convenience only and shall have no substantive effect. The language of all parts of the Agreement shall in all cases be considered as a whole, according to its fair meaning, and not strictly for or against any of the parties. The parties hereby acknowledge and agree that the language of the

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12.14. Subcontractors. Trimble may use subcontractors in the performance of its obligations under the Agreement, and will be responsible for the acts and omissions of its subcontractors in their performance of Trimble’s obligations in the Agreement.

12.15. No Third-Party Beneficiaries. Except as may be expressly stated in any Supplemental Terms, there are no third-party beneficiaries under the Agreement.

12.16. Independent Contractors. Each party is an independent contractor of, and is not an employee, agent, fiduciary, or authorized representative of, the other party.

12.17. Entire Agreement. The Agreement sets forth the entire understanding between the parties in connection with its subject matter, and supersedes all prior or contemporaneous proposals, communications, agreements, negotiations, and representations, whether written or oral, regarding the subject matter thereof. Any additional, contrary, and/or pre-printed terms or conditions appearing on Customer’s acceptance, orders, or associated purchase documentation are hereby rejected and will be of no effect.

12.18. Counterparts. The Agreement, or portions thereof, may be executed in several counterparts and, if applicable, by each party on a separate counterpart, each of which, when so executed and delivered will be an original, but all of which together will constitute but one and the same instrument. A signature, digital signature, or electronic signature delivered through other means (e.g., email) shall have the same force and effect as an original ink signature.

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Trimble Entities; Governing Law; Exclusive Venue/Jurisdiction Customer Location* Trimble Entity and Notice
Address**
Governing Law Exclusive
Venue/Jurisdiction
United States
Trimble Inc.
10368 Westmoor Drive
Westminster, CO 80021 USA
State of California State and Federal
Courts located in or
having jurisdiction
over Riverside,
California, USA
Australia Trimble Australia Pty.

Ltd. Deutsche Bank Place
Level 5 126-130 Philip St.

Sydney, NSW 2000, Australia
New South Wales Courts in Sydney,
NSW, Australia
Belgium Trimble Belgium BV,
Geldenaaksebaan 329 3001
Leuven, Belgium
Belgium Courts in Brussels,
Belgium
Canada Trimble Canada
Corporation 600-1741
Lower Water Street
Halifax, Nova Scotia B3J
0J2, Canada
Province of Ontario, and the
federal laws of Canada
applicable therein
Provincial and federal
courts located in
Toronto, Ontario
Finland Trimble Finland Oy,
Hatsinanpuisto 8,
02600 Espoo, Finland
Finland Courts in Helsinki,
Finland
France Trimble France
S.A.S. 1 quai
Gabriel Péri
94340 Joinville-lePont, France
France Courts in Paris, France
Germany Trimble Germany
GmbH, Am Prime
Parc 11, 65479
Raunheim Germany
Germany Courts in
Frankfurt/Main,
Germany
United Kingdom Trimble UK
Limited 1 Bath
Street, Ipswich,
Suffolk IP2 8SD
England and Wales Courts of England and
Wales
Any other country
or geography not
specified above
Trimble Europe
B.V.

Industrieweg
187a, 5683 CC
Best,
The Netherlands
The Netherlands Courts of Amsterdam,
the Netherlands
* Customer location is Customer’s billing address specified on the Order, or if none, then the address provided by Customer to Trimble when registering its online account.
** Addresses for Trimble entities not listed shall be as set forth on the Order or SOW. See additional required notice address for Trimble in Section 12.5 (Notices).

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Region-Specific Terms
Table of Contents
●Australia
●France
●The Netherlands
●Germany
Australia
For Customer who purchase Offerings in Australia, the following provisions apply:
(a) For the purposes of this section, “Australian Consumer Law” means the Australian Consumer Law set out at Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time, and “Non-excludable Condition” means the consumer guarantees, warranties, rights, or remedies under the Australian Consumer Law that cannot be limited, excluded, restricted, or modified, and to which Customer may be entitled. (b) To the extent permitted by Law, Trimble’s liability in relation to breach of any such Non-excludable Condition shall be limited, at its option, as follows: (i) in the case of the goods, to repairing or replacing the goods, supplying equivalent goods, or paying the costs of repairing or replacing the goods or acquiring equivalent goods; and (ii) in the case of the services, to re-supplying the services or paying the cost of re-supplying the services. (c) Nothing in the Agreement excludes, restricts or modifies any Non-excludable Condition. (d) Nothing in the Agreement is intended to derogate from Trimble’s obligations under the Privacy Act 1988 (Cth) as amended from time to time.
(e) Where Order(s) are a “Small Business Contract” within the meaning of the Australian Consumer Law:
• Trimble shall not accelerate Customer’s unbilled future fees under any Order(s); • Customer’s indemnification obligations under the Agreement are reduced to the extent Trimble’s acts or omissions contributed to or caused the claims, costs, damages, losses, liabilities, and expenses suffered by Customer;
• Trimble’s liability in relation to breach of any Non-excludable Condition will be an Excluded Claim; and • No dispute or legal action arising under the Agreement may be brought by either party more than three years after such cause of action accrued.

France
Section 3.4 is hereby amended and restated to read as follows:

Section 3.4 Late payments will bear interest at the rate of 1.5% per month or the minimum rate allowed by Law (currently three (3) times the legal interest rate), whichever is higher, measured from the date on which the sums concerned became due until the date on which full payment is received. Collection fees of a minimum amount of 40 € will be added in accordance with Article L. 441-10.II of the Commercial Code. Customer will be liable for all other costs of collection of past due amounts (including court costs and attorney's fees incurred by Trimble). If the Customer does not dispute an invoice amount in writing by the due date of the invoice, the Customer shall be deemed to have acknowledged the accuracy of such invoice and waived its right to dispute it.

A dispute over part of an invoice or amount due shall entitle the Customer to withhold or delay payment of the disputed part only.

The following is hereby added as Section 7.1 (e ):
(e) EACH PARTY HEREBY HAS AN OBLIGATION TO LIMIT THE DAMAGES IT MAY SUFFER IN THE EVENT OF A BREACH OF ITS OBLIGATIONS BY THE OTHER PARTY.

The Netherlands
The provisions of Section 4.2 (Termination) are the sole grounds for the termination of the Agreement, and to the extent permitted by Law, the right of Customer to rescind the Agreement and claim damages on the basis of statutory Law (including but not limited to sec. 6:265 Dutch Civil Code) is excluded.

THE LIMITATION OF LIABILITY IN SECTION 7 FOR A PERIOD OF 12 MONTHS EXPRESSLY INCLUDES ANY OBLIGATION TO PAY

COMPENSATION UNDER A WARRANTY MENTIONED IN THESE TERMS OR RELATED CONTRACTS OR DOCUMENTS AND THE RESTITUTION OBLIGATIONS (ONDEDAANMAKINGSVERPLICHTINGEN) AND INDEMNIFY FOR DAMAGES. LIABILITY FOR DEATH

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The applicability of section 6:227b subsection 1 and section 6:227c subsection 1 of the Dutch Civil Code are excluded in any Agreement between Trimble and any person who is not a consumer.

Germany
If German law applies to this Agreement, the following terms are incorporated into the General Terms:

1. With regards to section 3.4, it is recorded that, according to applicable law and provided that no consumer is the counterparty of the Agreement, the enforceable maximum interest rate is nine (9) percent above the base interest rate. The maximum interest rate applies if the statutory requirements for default (Verzug) are fulfilled.

2. With regards to section Ziffer 4.2 it is clarified that the statutorily available rights to terminate extraordinarily or without notice period remain unaffected.

3. The following applies regarding section 6: Section 6 will not apply. With regards to warranty (Gewährleistung) the relevant provisions of Trimble’s Supplemental Terms apply. In addition, unless this is explicitly agreed in writing, it is not intended that Trimble provides a guarantee that exceeds complements the statutory provisions (gesetzliche Gewährleistung).

4. With regard to paragraph 7 :instead of Section 7 (limitation of liability) only the following provisions apply:
• Trimble is liable for damages of the Customer that were caused intentionally or through gross negligence, that is the result of failure to deliver on an explicit, written guarantee, that is based on a culpable breach of essential contractual obligations (so-called cardinal obligations), that is the result of a culpable injury to health, body or life or for which liability is provided for under the Product Liability Act or another mandatory legal regulation, in accordance with the statutory provisions.
• Cardinal obligations are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely, and whose violation, on the other hand, endangers the achievement of the purpose of the contract. • In the event of a breach of a cardinal obligation, liability - to the extent that the damage is based solely on slight or normal negligence and does not affect life, limb or health - is limited to damage that typically arises in the context of the delivery of such software as purchased by the customer and must be expected foreseeably. • Any further liability – regardless of the legal basis – of both Trimble and Trimble’s vicarious agents and vicarious agents is excluded.
• If damage to the customer results from the loss of data, Trimble is only liable if the damage could not have been avoided if the customer had normally backed up the data in question.

5. Regarding Section 11 Deviating from Section 11.4, it is agreed that the parties also conclude the DPA linked under https://www.trimble.com/privacy or a successor URL when concluding this Agreement. Upon request, the Customer can request that a signed copy be sent. The transfer of personal data from Trimble facilities in Europe, acting as data exporter, to Trimble facilities in the United States, acting as data importer, is governed by Standard Contractual Clauses, which are available at the same URL or upon written request to Trimble.

6. With regard to clause 12.1 In addition to Section 12. 1, it is stipulated that in the event of a change, the customer is granted an immediate and unconditional right of termination.

7. With regard to clause 12.9.
• The following section applies instead of section 12.9. • Governing Law and Venue; Waiver of Jury Trial. The Agreement and any dispute, claim or controversy arising therefrom shall be governed exclusively by the laws of the jurisdiction applicable to Customer's location as set forth in Appendix A (Trimble Entities; Governing Law; Exclusive Jurisdiction/Venue) under "Governing Law", without Consideration or application of conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. All claims, matters and disputes arising from the agreement are subject to the customer if the customer is a merchant, a legal entity under public law or a special fund under public law or he does not have a general place of jurisdiction in the Federal Republic of Germany the sole and exclusive jurisdiction and venue set out in Appendix A (Trimble Entities; Governing Law; Exclusive Jurisdiction/Venue) under “Exclusive Jurisdiction/Venue”.
• Regarding paragraph 12.15.Clause 12.15 does not apply.

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Supplemental Terms for Software and Subscriptions
Version 1.2 (Last Updated: May 1, 2024)

1. Definitions. Capitalized terms not defined herein have the meanings given in the General Terms.

1.1. “Active Project” means any Project on which the Software may be used by Customer during any Annual Subscription Term.

1.2. “Annual Subscription Term” means each 12-month period of a Subscription Term.

1.3. “Anonymized Data” means any data collected in connection with the Offerings (including Customer Data) that has been aggregated and/or de- identified in such a manner that neither Customer nor any of its Authorized Users or any other individual can be identified from the data when it is shared outside of Trimble or its Affiliates.

1.4. “Authorized User” means any employee of Customer and, unless prohibited by Trimble in the Order, Documentation, or any Supplemental Terms, individuals who are contractors or consultants of Customer or employees, contractors, or consultants of Customer’s Affiliates authorized by Customer to access and use the Offerings on Customer’s behalf in accordance with the Agreement, including, without limitation, Section 6.6 (Third- Party Access) and Section 9 (Confidentiality).

1.5. “Correction Services” means subscription-based services that provide GNSS position correction data.

1.6. “Concurrent User” means any type of User authorized by Customer to access and use the Offerings on Customer’s behalf simultaneously at a given point in time.

1.7. “Customer Data” means any information, documents, materials, or other data of any type that is input by or on behalf of Customer into the Offerings or that is created or generated by Customer through Customer’s use of the Offerings, including without limitation information or data that is submitted manually by Authorized Users or through a Third-Party Platform. For clarity, Customer Data expressly excludes Usage Data.

1.8. “Customer Group” means Customer’s business units, Affiliates, or Joint Ventures, if any, listed in the Order that may authorize Authorized Users to use the Offerings on behalf of those business units, Affiliates, or Joint Ventures.

1.9. “Gross Annual Revenue” or “GAR” means Customer's (and Customer Group's, if applicable) income and revenue from all sources, before expenses or taxes, calculated on an annual basis according to generally accepted accounting principles and as reported in company financial statements. The various equivalent definitions may be used interchangeably.

1.10. “Joint Venture” means a business arrangement in which Customer and one or more other third parties agree to pool their resources to accomplish a Project or other commercial enterprise.

1.11. “License Keys” means electronic passwords, authorization codes, or other enabling mechanisms provided for use with the Offerings.

1.12. “Named User” means any type of Authorized User designated by Customer by name or other identifier to access and use the Offerings on Customer’s behalf.

1.13. “Prohibited Data” means any (a) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”); (b) credit, debit, or other payment card data subject to the Payment Card Industry Data Security Standards (PCI DSS); (c) information subject to regulation or protection under the Children’s Online Privacy Protection Act or GrammLeach Bliley Act, or (d) any other information which is regulated under Laws and is not required for use of the Software for its intended purpose.

1.14. “Project” means the initiation, delivery, operations, and maintenance of a construction project.

1.15. “Provision Date” means the date on which Trimble first provides access to the Offerings. For an Offering bundle comprised of multiple Software, the Provision Date will be the date on which the entire Offering bundle becomes fully provisioned.

1.16. “Subscription” means access to any Software, Support, Correction Services, content, data, or other information, in each case made available for the applicable Subscription Term(s).

1.17. “Support Terms” means the then-current Supplemental Terms for Support and Maintenance available at https://www.trimble.com/en/legal/customer-terms or any successor url.

1.18. “Third-Party Materials” means any third-party data, content, or proprietary software. Third-Party Materials is not part of Software.

1.19. “Project Budget” means the total projected cost allocated to carry out, manage, and complete one or more Active Project(s) over the entire Subscription Term. The various defined terms are equivalent and may be used interchangeably, including in other defined terms.

1.20. “Total Project Value” or “Project Value” means Project Budget divided by the number of Annual Subscription Terms in the Subscription Term (and not any renewal). The various defined terms are equivalent and may be used interchangeably, including in other defined terms.

1.21. “Usage Limitations” means Customer’s authorized scope of use for the Offerings as specified in the applicable Order, Supplemental Terms, or Documentation, which may include any user (e.g., Named User, Concurrent User, etc.), seat, copy, instance, data storage, CPU, computer, field of use, location, project, or other restrictions.

1.22. “Usage Data” means Trimble’s technical logs, data, and learnings about Customer’s use of the Offerings, excluding Customer Data.

2. Generally

2.1 Offerings.
(a) Subscriptions (other than Licensed Software). Customer may access and use the Subscriptions during the Subscription Term only for its internal business purposes in accordance with the Documentation, Usage Limitations, and the Agreement. Unless otherwise specified by Trimble, any Licensed Software provided with a Subscription is subject to the terms applicable to Licensed Software under the Agreement. (b) Licensed Software. Trimble hereby grants Customer a non-transferable, non-sublicensable, non-exclusive license, during Term, to install, copy, and use the Licensed Software on systems or devices under Customer’s control only for its internal business purposes in accordance with the Documentation, Usage Limitations, and the Agreement. Licensed Software is licensed, not sold. Any Licensed Software deployed through hosting services delivered by Trimble are subject to the terms and conditions applicable to Licensed Software.

2.2 Authorized Users. Only Authorized Users may access or use the Offerings. User IDs are granted to individual, named persons, and each Authorized User will keep login credentials confidential and not share them with anyone else. Customer is responsible for its Authorized Users’ compliance with the Agreement and actions taken through their accounts. In the event an Authorized User is no longer authorized to use an Offering on Customer’s behalf, Customer will promptly de-activate such Authorized User’s access. Unless expressly permitted in the Order,

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2.3. Restrictions. Customer will not (and will not permit, encourage, or assist anyone else to) do any of the following: (a) provide access to, distribute, sell, or sublicense the Offerings to a third party; (b) use the Offerings on behalf of, or to provide any product or service outside of Customer’s regular course of business, to, third parties; (c) use the Offerings to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to any element of the Offerings, except to the extent expressly permitted by Law (and then only after providing prior written notice to Trimble); (e) modify or create derivative works of the Offerings or copy any element of the Offerings (other than in connection with making copies of Licensed Software authorized under the Agreement); (f) remove or obscure any proprietary notices in the Offerings; (g) publish benchmarks or performance information about the Offerings, except to the extent expressly permitted by Law; (h) interfere with the Offerings’ operation or its use by others, circumvent its access restrictions or, without the prior written permission of Trimble, conduct any security or vulnerability test of the Offerings; (i) transmit any viruses or other harmful materials to the Offerings; (j) submit to the Offerings any information that is inappropriate, defamatory, obscene, salacious, or unlawful, or use the Offerings to defame, harass, stalk, threaten, or otherwise violate the rights of others; (k) use the Offerings to advertise, offer to sell or buy goods, or otherwise for business promotional purposes; (l) for Licensed Software, unless expressly permitted in the Order, Supplemental Terms, or the Documentation, use or host any Licensed Software in a virtual server environment, or (m) for Corrections Services, re-broadcast the Corrections Services without the prior written consent of Trimble.

2.4 Free Versions; Trials and Betas. “Free Versions” means any Offerings made available to Customer for use without a fee. “Trials and Betas” means any Offerings or any features thereof made available on an evaluation or trial basis or as an alpha, beta, Labs or other early access offering, in any case free or otherwise. Unless otherwise set forth in the Documentation or the Agreement, Customer may only use Free Versions in a nonproduction environment and for non-commercial purposes, and Trials and Betas may only be used solely for Customer’s internal evaluation to determine whether to purchase a license or subscription to the Offerings. The evaluation term for Trials and Betas shall be 30 days unless otherwise designated by Trimble in writing. Free Versions and Trials and Betas are optional, and Trimble may cease making available such Offerings at any time for any reason. Trials and Betas may be inoperable, incomplete, or include features that Trimble may never release, and their features and performance information are Trimble’s Confidential Information. In the event Customer has purchased Services related to any Free Version or Trial and Beta, any unused Services upon any termination or expiration of the applicable term for the Free Version or Trial and Beta shall be forfeit.

Notwithstanding anything else in the Agreement: (a) Trimble has no obligation to retain Customer Data used with Free Versions and Trials and Betas; (b) Trimble provides the Free Versions and Trial and Betas “AS-IS” with no warranty, indemnity, service levels, or support; (c) Trimble’s liability for Free Versions and Trials and Betas will not exceed US$50, and (d) either party may terminate access to a Free Version or Trial and Beta, for any reason or no reason, immediately upon written notice to the other party.

2.5 Educational Versions. For any version of the Offerings designated as “educational,” or a similar term, Customer may use the Offerings solely for educational purposes - e.g., by an instructor or a student at an educational institution and while engaged in educational work. Such educational versions may not be used (a) by any other person; (b) by any educational institution for any non-educational purposes; or (c) for any for-profit purpose, including professional work or training offered for a fee, or by commercial entities.

2.6 Delivery. Offerings and License Keys, if any, will be delivered by electronic means unless otherwise specified on the applicable Order. Delivery is deemed to occur on the date on which the Offering and License Key, if any, are first made available to Customer.

2.7 Software Activation and Metering; Audits.
(a) Offerings may gather and transmit to Trimble license usage, compliance, and activation data. Customer will not disable, modify, or interfere with the operation of any such functionality of the Offerings. Trimble may use the foregoing information to validate the authenticity of Authorized Users, to confirm Customer’s compliance with the Agreement, to register the Offerings, to monitor and validate compliance with Usage Limitations, for license metering, and to protect Trimble against unlicensed or illegal use of the Offerings. (b) Upon Trimble’s written request, Customer shall certify in writing that its use of the Offerings is in full compliance with the Agreement (including any Usage Limitations). In addition to the other license compliance monitoring rights in the Agreement, Trimble, or its authorized representative, may, upon prior reasonable notice of at least ten (10) days, inspect and audit Customer’s records and use of the Offerings to confirm Customer’s compliance with the Agreement. All such inspections and audits will be conducted during regular business hours and in a manner that does not unreasonably interfere with Customer’s business activities. Customer is responsible for such audit costs only in the event the audit reveals that the use is not in accordance with the Usage Limitations or other licensed scope of use and for unpaid fees. Customer shall promptly pay all unpaid fees.

3. Data Usage and Ownership.

3.1 Ownership. Except for Trimble’s limited rights set forth in the Agreement, as between the parties, Customer retains all Intellectual Property Rights in Customer Data. Trimble owns all Intellectual Property Rights in Anonymized Data and Usage Data.

3.2. Limited Usage Rights. Customer hereby grants to Trimble and its Affiliates the non-exclusive, worldwide, royalty-free right: (i) to use Customer Data during the Term to provide the Offerings, Support, and Services to Customer; (ii) to create Anonymized Data; (iii) to use and disclose Customer Data as otherwise permitted pursuant to the Agreement or any written consent or instructions of Customer; and, (iv) subject to Trimble’s confidentiality obligations in Section 9 (Confidentiality) of the General Terms and all applicable Data Protection Legislation, to use Customer Data during the Term to develop, maintain, and improve the products, software, and services of Trimble or its Affiliates. For clarity, Trimble may not use Customer Data to develop, maintain, improve, or otherwise train artificial intelligence models.

3.3 Access. Customer will not have access to Customer Data after termination or expiration of the Term, unless otherwise indicated in the Order, Supplemental Terms, or the Documentation, or the parties agree otherwise in writing.

3.4 Confidentiality. In the event of any conflict between the terms of Section 9 (Confidentiality) of the General Terms and this Section 3 (Data Usage and Ownership), the terms of this Section 3 (Data Usage and Ownership) will control.

4. Customer Obligations.

4.1 Dependencies and Compatibilities. If Customer enables Dependencies or Compatibilities with an Offering, Trimble may access and exchange

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4.2 No Prohibited Data. Customer will not use the Offerings with Prohibited Data. Customer acknowledges that the Offerings are not intended to meet any legal obligations for these uses, including HIPAA requirements, and that Trimble is not a Business Associate as defined under HIPAA.

4.3 Customer Data. Customer is responsible for its Customer Data, including its content, accuracy, and compliance with Laws. Customer represents and warrants that it has made all disclosures and has all rights, consents, and permissions necessary to use its Customer Data with the Offerings and grant Trimble the rights in Section 3 (Data Use and Ownership), all without violating or infringing Laws, third-party rights (including intellectual property, publicity, or privacy rights), or any terms or privacy policies that apply to its Customer Data. If Customer utilizes data fields available in the Offerings to store data not required for the normal use and operation of the Offerings for their intended purpose, Customer agrees that Trimble is not responsible for, and will not be liable in any manner for such data, and Customer assumes all risks associated with, and agrees to hold Trimble harmless from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) related to or arising from, Customer’s use of data fields to store such data.

4.4 Excluded Claims. In addition to the Excluded Claims stated Section 7 (Limitation of Liability) in the General Terms, the following shall also be Excluded Claims for purposes of the Agreement: Section 10 (Indemnification) of these Software Terms and any breaches of Sections 2.3 (Restrictions) or Section 4 (Customer Obligations) of these Software Terms.

4.5 License Compliance. Customer shall promptly notify Trimble if Customer become aware of (i) any breach of confidentiality obligations regarding the Offerings, or (ii) any infringement (whether actual or alleged) of Trimble's intellectual property rights in the Offerings, or (iii) any unauthorized use of the Offerings by any person, and provide reasonable assistance to Trimble in connection with any suit or proceeding relating to such events.

4.6. Usage Limitations. Customer will comply with all Usage Limitations. If Customer exceeds the Usage Limitations during the Term, Trimble may invoice Customer for the use that exceeded the applicable Usage Limitations at Trimble’s then-current list price, and Customer shall pay in accordance with the Agreement. The parties may also agree on a Usage Limitation adjustment, in which case Customer must sign a new Order and pay the applicable fees.

4.7 Fee Criteria. If the Order states Software is made available based on GAR, Project Budget, Total Project Value, population, specific-department usage, Affiliate-limitations, or similar criteria (any such criteria, the “Fee Criteria”), the fees for that Software are calculated based on that Fee Criteria as of the date of Order issuance by Trimble. Unless otherwise provided the Order, if the Fee Criteria increases by more than 10% during the Subscription Term, (i) Customer shall promptly notify Trimble in writing, (ii) Trimble has the right to adjust such fees based on changes in the Fee Criteria and its then-current list price for that Software (including on a prorated basis for the current term), and (iii) Customer shall pay any applicable additional fees upon receipt of the invoice in accordance with the Agreement. At the request of Trimble, Customer will promptly provide documentation satisfactory to Trimble evidencing Customer’s then-applicable Fee Criteria.

5. Suspension of Access. Trimble may suspend Customer’s access to an Offering, without liability, and in whole or in part, if (a) Customer breaches any Usage Limitations, Sections 2.2 (Authorized Users), 2.3 (Restrictions), 4 (Customer Obligations) or 6.2 (Offering Content); (b) Customer’s account is five (5) business days or more overdue; or (c) immediately if Customer or any of its Authorized Users’ acts or omissions threaten the integrity, availability, or security of the Offerings or Trimble’s systems, products, or infrastructure (provided Trimble will use commercially reasonable efforts to provide Customer with advance notice of such suspension where Trimble determines exigent circumstances do not exist).

Trimble will lift such suspension once the related issue or failure is cured to Trimble’s reasonable satisfaction. If a suspension arises under this Section, Fees will continue to apply during the suspension period. Customer may be prohibited from entering new Customer Data or processing or accessing existing Customer Data and data reports during the suspension period. If Customer attempts to access or manipulate Customer Data utilizing third-party software during suspension, Trimble disclaims and Customer holds Trimble harmless from any responsibility or liability relating to lost or altered Customer Data or related damages.

6. Certain Features. The following provisions apply to the extent applicable to the Offerings.

6.1 Third-Party Materials. The Offerings may provide Customer with access to Third-Party Materials. Third-Party Materials are not part of the Offerings. To the extent specified by Trimble (including in any Supplemental Terms or Documentation), use of the Third-Party Materials may be subject to additional terms or restrictions (“Third-Party Terms”). Customer is solely responsible for its compliance with any Third-Party Terms, and failure to comply with such terms may result in termination of Customer’s right to access any features of the Offerings that utilize such ThirdParty Materials. If no Third-Party Terms are specified, Customer may use Third-Party Materials solely in support of Customer’s authorized use of the Offerings in accordance with the Agreement.

6.2 Offering Content. “Offering Content” shall be any Trimble IP or Third-Party Materials made available as data or information through the Offering, whether included as part of the Offering or as a separate subscription. Any Offering Content that is Trimble IP will be deemed part of the Offering. Any Offering Content that is Third-Party Materials shall be subject to any applicable Third-Party Terms. If no Third-Party Terms apply, then unless otherwise authorized by Trimble in writing or the applicable Documentation, such Third-Party Materials, and any derivative thereof, may only be used or accessed by an Authorized User. Third-Party Materials will be used solely for Customer’s internal purposes during the Term and must be accessed pursuant to a manual Authorized User request. Customer will not: (i) access, extract, or download any Third-Party Materials, or portions thereof, in batch or en masse by any means; (ii) use any device, software, or routine to bypass any hardware or software that prohibits volume requests for information; (iii) sell, offer to sell, rent, sublicense, or transfer any copies of theThird-Party Materials, or portions thereof, to a third party or allow a third party to use the Third-Party Materials; (iv) use the Third-Party Materials to develop services or products for sale or include any portion of the Third-Party Materials in any product or service; (v) use any portion of the Third-Party Materials to create a competitive service, product, or technology; (vi) recreate the Third-Party Materials or create otherwise a separate database or other repository of Third-Party Materials; (vii) use Third-Party Materials to train, augment, or correct another database or information repository; (viii) unless other specified in the Documentation, permit any individual other than an Authorized User to access or use the Offering Content and any derivative thereof, or (ix)

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6.3 Open Source. The Offerings may incorporate third-party open source software (“Open Source”), as listed in the Documentation or otherwise made available by Trimble. To the extent the terms of the Open Source license prohibit the terms of the Agreement from applying to the Open Source, the terms of the Open Source license will apply to the Open Source on a stand-alone basis instead of the Agreement.

6.4 Third-Party Application Stores.
(a) Purchase from Application Store. If Customer obtains the Offering (or portions thereof) through a third-party application store, marketplace, or other site or service (each, an “Application Store”), such Application Store is considered a reseller. All fees are non-refundable once paid.

Customer’s download of the Offering may be subject to other terms as specified by the operator of the Application Store from which Customer downloaded the Offering.
(b) Apple-Specific Terms. If Customer downloaded the Offering from Apple Inc.’s (“Apple”) Application Store, the following terms are part of the Agreement. The Agreement is between Customer and Trimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third-party beneficiaries of the Agreement and will have the right (and will be deemed to have accepted the right) to enforce the Agreement against Customer as a third-party beneficiary. To the maximum extent permitted by Law, Apple will have no warranty obligation with respect to the Offering, and, as between Apple and Trimble, any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty will be Trimble’s responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Offering. As between Trimble and Apple, Trimble is solely responsible for the Offering and for addressing any claims Customer or any third parties have about the Offering or Customer’s possession or use of the Offering, including without limitation (i) product liability claims; (ii) any claim that the Offering fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Offering or Customer’s possession or use of the Offering infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of such claim.

6.5 Security for SaaS or Hosting Services for Licensed Software. This Section 6.5 (Security for SaaS or Hosting Services for Licensed Software) applies to Offerings that are SaaS or hosting services for Licensed Software. During the Term, Trimble or its third party hosting provider(s) will use commercially reasonable efforts to establish and maintain reasonable administrative, physical, and technical safeguards designed to protect (a) the security, confidentiality, and integrity of Customer Data; (b) against anticipated threats or hazards to the security, confidentiality, and integrity of Customer Data; (c) against unauthorized access to or use of Customer Data; and (d) against unlawful processing, accidental destruction, or loss of Customer Data. In the event Trimble is not in breach of the foregoing obligations and an unauthorized third party nonetheless gains access to the Customer Data, such disclosure of Customer Data in such circumstances shall not be a breach of Section 9 (Confidentiality) of the General Terms. In the event of any conflict between the terms of Section 9 (Confidentiality) of the General Terms and this Section 6.5 (Security for SaaS or Hosting Services for Licensed Software), the terms of this Section 6.5 (Security for SaaS or Hosting Services for Licensed Software) will control.

6.6 Third-Party Access.
(a) Generally. Customer authorizes Trimble to grant access to its instances of the Offerings and share Customer Data with any third-party Authorized Users or as otherwise instructed by Customer. Customer is solely responsible for such third-parties’ compliance with the Agreement and for any and all acts or omissions of any such third parties. Such third parties are considered Representatives, as that term is defined and used in Section 9 (Confidentiality) of the General Transaction Terms. Such third parties are not intended third-party beneficiaries under the Agreement.

Trimble shall have no liability for any act or omission of any such third party, including by way of access or use of the Offerings or Customer Data.

Such third-party access or use of the Offerings must be solely and exclusively for the benefit of Customer (or its Affiliates, if applicable), and any other purpose is prohibited. For clarity, as between Customer and any such third parties, any data or other information uploaded by such third party to the Offerings on Customer’s behalf will be deemed Customer Data of Customer. (b) Customer as a Third-Party. In the event that Customer is invited to access an Offering as a third party, any data or other information uploaded by Customer on behalf of such third party shall be deemed “Customer Data” of such third party.

7. Support. If Customer is eligible for Support and pays any applicable fees, Trimble will make such Support available in accordance with the Support Terms or as Trimble may otherwise expressly provide in writing. Unless otherwise set forth in writing by Trimble, Support is not available for Free Versions or Trials and Betas.

8. Term and Termination.

8.1 Perpetual License. If Customer purchases a perpetual license to Licensed Software, Customer’s license to the Licensed Software will continue in perpetuity subject to the terms and conditions of the Agreement. Support for Licensed Software is purchased separately unless otherwise indicated by Trimble in writing or on an Order.

8.2 Subscriptions.
(a) Subscription Term. If Customer purchases access to a SaaS or a license to Licensed Software for a limited period of time, the duration of the initial term and any renewals are as set forth in the Order (collectively, the “Subscription Term(s)”). Notwithstanding anything to the contrary in the Order, the start date for each Subscription Term for each Offering will begin on the Provision Date for that Offering. For clarity, each Offering may have a different Provision Date.
(b) Additional Subscriptions. If Customer previously purchased one or more Subscriptions for a particular Offering (“Existing Subscription(s)”) and subsequently purchases one or more additional Subscriptions (for any Offering) while the Existing Subscription(s) is in effect (the “Additional Subscription(s)”), the duration of the Subscription Term for the Additional Subscription will be as set forth in the Order. Unless otherwise set forth by Trimble in writing, all Customer’s Subscriptions shall have the same end date and Trimble may invoice all fees for all such Subscriptions on a single invoice.

8.3 Effect of Termination. Upon expiration or termination of the Agreement or the Order, Customer’s right to use the Offerings will cease and Customer will immediately cease any and all use of and access to the Offerings and will delete (or, upon request, return) all copies of any Offerings.

At the disclosing party’s request upon expiration or termination of the Agreement, the receiving party will delete all of the disclosing party’s Confidential Information (excluding Customer Data, which is addressed in Section 3 (Data Usage and Ownership)). Customer Data and other

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8.4 Survival. In reference to Section 4.3 of the General Terms (Survival), the following Sections of these Software Terms survive any expiration or termination of the Agreement: 1 (Definitions), 2.3 (Restrictions), 3.1 (Data Usage and Ownership), 4 (Customer Obligations), 8.3 (Effect of Termination), 8.4 (Survival), 9.3 (Additional Disclaimers), and 10 (Indemnification). Except where an exclusive remedy is provided, exercising a remedy under the Agreement, including termination, does not limit other remedies a party may have.

9. Warranties and Additional Disclaimers.

9.1 Limited Warranty. Subject to the Agreement and any mandatory Laws to the contrary, Trimble warrants to Customer that during the Warranty Period, the Offerings will perform materially as described in the Documentation. The “Warranty Period” is (a) 90 days for Licensed Software licensed on a perpetual basis, and (b) for the duration of the applicable Subscription Term, for any Subscriptions. Notwithstanding the foregoing, Trimble makes no warranties with respect to Correction Services, which are provided as-is and as-available.

9.2 Warranty Remedy.
(a) If the Offering fails to conform to Section 9.1 (Limited Warranty) during the Warranty Period, Customer may make a reasonably detailed warranty claim within 30 days of discovering the issue. For any such claims reported by Customer within such period that Trimble determines are valid, Trimble will correct such non-conformity by issuing corrected instructions, a restriction, or a bypass, or by replacing the Offerings, at Trimble’s option. Subject to any mandatory Laws to the contrary, these procedures are Customer’s exclusive remedy, and Trimble’s entire liability, for the failure of the Offerings to conform to the warranty in Section 9.1 (Limited Warranty). (b) The foregoing limited warranty only applies if and to the extent that (i) any Offering associated with the warranty is properly and correctly installed, configured, interfaced, maintained, stored, and operated in accordance with the Documentation, and (ii) any Offerings associated with the warranty is not modified or misused. The foregoing limited warranty does not apply to (1) issues caused by unauthorized use or modifications; (2) unsupported or unauthorized versions of any Offerings; (3) operating the Offerings under any specification other than, or in addition to, the Documentation; (4) issues in or resulting from Dependencies, Compatibilities, or thirdparty systems, products, or services; or (5) Free Versions, Trials and Betas or other similar versions.

9.3 Additional Disclaimers. Trimble makes the following disclaimers in addition to Section 6 (Warranty Disclaimer) in the General Terms. (a) General. TRIMBLE MAKES NO EXPRESS WARRANTY THAT CUSTOMER’S USE OF THE OFFERINGS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER MALWARE OR PROGRAM LIMITATIONS; THAT TRIMBLE WILL REVIEW CUSTOMER DATA FOR ACCURACY; OR THAT TRIMBLE WILL MAINTAIN CUSTOMER DATA OR OTHER DATA WITHOUT LOSS. TRIMBLE IS NOT LIABLE FOR DELAYS, FAILURES, OR PROBLEMS INHERENT IN USE OF THE INTERNET, SATELLITES, ELECTRONIC COMMUNICATIONS, OR OTHER SYSTEMS OUTSIDE TRIMBLE’S CONTROL.

TRIMBLE WILL NOT BE LIABLE IN ANY MANNER FOR THE OUTPUT OBTAINED THROUGH USE OF THE OFFERINGS OR CUSTOMER’S RELIANCE ON SUCH OUTPUT. CUSTOMER IS RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF CUSTOMER’S USE OF THE OFFERINGS.

THIS RESPONSIBILITY INCLUDES THE DETERMINATION OF APPROPRIATE USES FOR THE OFFERINGS AND THE SELECTION OF THE OFFERINGS TO ACHIEVE INTENDED RESULTS. ANY FORMS, POLICIES, OR OTHER MATERIALS PROVIDED BY TRIMBLE THROUGH THE OFFERINGS OR DOCUMENTATION ARE NOT INTENDED AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE OR LEGAL OPINION. CUSTOMER SHOULD CONSULT ITS OWN LEGAL COUNSEL REGARDING THE USE OF ANY SUCH MATERIALS. CUSTOMER IS ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY OUTPUT OF THE OFFERINGS. CUSTOMER

MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD.
(b) Correction Services Disclaimers. Customer acknowledges that the Correction Services and related network access are subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, and interference by users of the same or adjacent radio channels may limit or interfere with Correction Services. Trimble is not responsible for the operation or failure of operation of GNSS satellites or the availability of GNSS satellite signals. (c) Third-Party Materials. Third-Party Materials are provided “AS IS” and Customer assumes all risk and liability regarding any use of (or results obtained through) Third-Party Materials. Trimble and its suppliers make no warranty or guarantee with respect to any Third-Party Materials, including regarding their accuracy or continued availability or compatibility. (d) Dependencies and Compatibilities. Trimble makes no warranty or guarantee with respect to any Dependencies, Compatibilities, or other factors outside of Trimble’s control, including their continued availability or compatibility. (e) Prohibited Data. Trimble and its suppliers specifically disclaim any responsibility for, and will not be liable in any manner arising from, any use of the Offerings in connection with Prohibited Data.

10. Reserved.

11. Government End-Users. Elements of the Offerings are commercial computer software. If the user or licensee of the Offerings is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Offerings or any related documentation of any kind, including technical data and manuals, is restricted by the terms of the Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Offerings were developed fully at private expense. All other use is prohibited.

12. Region-Specific Terms - France. Solely for purposes of Customers who’s billing address is in France, the following shall apply: Prohibited Data included any patient, medical or other protected health information regulated by the French Public Health Code and the GDPR; and Customer’s grant of rights in Section 3.1 (Generally) shall be for so long as the Customer Data is protected by intellectual property law.

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Supplemental Terms for Support and Maintenance
Version 1.0 (Last Updated: April 3, 2023)
Capitalized terms not defined herein have the meanings given in the General Terms and the Software Terms.

1. Scope. Provided that Customer has paid the applicable fees, Trimble shall provide the Support described in these Support Terms during the Maintenance Term (as defined below). The “Maintenance Term” shall be: (a) for Support for SaaS or Licensed Software licensed for a limited term, the applicable Subscription Term, and (b) for Support for Licensed Software licensed on a perpetual basis, the term specified in the Order, or if not specified, for a period of one (1) year.

2. Support.

2.1 During the applicable Maintenance Term, Trimble shall use reasonable efforts to correct or provide a workaround for any reproducible programming error in the Software attributable to Trimble with a level of effort commensurate with the severity of the error, as reasonably determined by Trimble. Upon identification of any programming error, Customer shall promptly notify Trimble of such error and shall provide Trimble with enough information to reproduce the error, including a listing of output and any other data that Trimble may reasonably request in order to reproduce the error and operating conditions under which the error occurred or was discovered. Trimble shall not be responsible for correcting any errors not attributable to Trimble.

2.2 For certain Software, Trimble may provide additional or different support services or procedures as set forth in the applicable Documentation, support handbook, or other written documentation provided by Trimble, if any (collectively, the “Additional Support Documentation”). If there is any conflict between these Support Terms and such Additional Support Documentation with respect to the description of support services, requirements or procedures, the provisions of such Additional Support Documentation will prevail. Customer agrees and acknowledges that Trimble may use third parties to provide Support on its behalf. Customer expressly consents to Trimble permitting such third parties to access Customer’s information and data to perform the Support for Customer.

3. Licensed Software Updates and Upgrades. During the applicable Maintenance Term, Customer shall be entitled to receive all upgrades and updates to the Software that are publicly released by Trimble. The contents and timing of all upgrades and updates will be decided by Trimble in its sole discretion. Any such updates and upgrades will be deemed to be “Software” and licensed under the terms and conditions of the Agreement, including any applicable software end user terms or license agreement. Updates and upgrades exclude (a) new versions of the Software (e.g., a change to the left of the decimal in the version number [e.g., 1.x to 2.x] or otherwise designated by Trimble), and (b) any separate modules and other functionality for which Trimble charges a separate fee.

4. Limitations and Exceptions. The following matters are not covered (and Trimble will not have any obligations with respect to such matters) pursuant to these Support Terms:

4.1. Any Software for which applicable fees have not been paid;

4.2. Any problem resulting from the misuse, improper use, alteration, or damage of the Software;

4.3. Any problem resulting from improper or inadequate installation, maintenance, or storage of the Software;

4.4. Any problem caused by modifications of the Software not made or authorized by Trimble;

4.5. Any problem resulting from any hardware or software in either case not developed or supported by Trimble, including, without limitation: any computers, tablets, disk drives, operating systems, network hardware or software, database, or any other hardware or third-party software;

4.6. Any problem resulting from the combination of the Software with other programming or equipment to the extent that such combination has not been approved by Trimble; and

4.7. Errors in any version of the Software other than the most recent release, provided that Trimble will continue to provide Support for superseded releases for a reasonable period (not to exceed ninety (90) days).

Support excludes on-site visits, installation and training, file conversion, optional products and services, directories, consulting services, shipping charges, or any recommended hardware.

5. Termination or Expiration. Support will automatically terminate with respect to any Software that is no longer licensed for use as a result of expiration or termination of the Agreement, or replacement of the applicable Software with new releases.

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Version 1.1

1. Generally.

1.1. Trimble shall use the applicable level of effort to correct or provide a workaround for any reproducible error in the Offering attributable to Trimble commensurate with the severity of the error, as reasonably determined by Trimble in accordance with Section 3 (Severity Priority Levels) below.

1.2. For certain Offerings as set forth in Section 2 below, Trimble may provide a customer support portal (the “Support Portal”), which may allow Customer to submit support requests, report issues, view case histories, search the general knowledge database, and other features, as applicable. In the event of any conflicts between the terms set forth herein and any set forth in the applicable Support Portal, the terms herein shall govern.

1.3. For certain Offerings as set forth in Section 2 below, Trimble will provide support to Customer only by communication with the contacts designated by Customer in the Support Portal or otherwise as instructed by Trimble (each, a "Authorized Support Contact"). Customer may update Authorized Support Contact(s) from time to time as instructed by Trimble. Trimble may require the Authorized Support Contact(s) to have the relevant technical knowledge regarding the Offerings necessary to assist Trimble as needed.

1.4. Upon identification of any error that cannot be resolved by Customer as first line of support (e.g., via the Support Portal, its internal staff, etc.), then Customer (through its Authorized Support Contact(s)) shall promptly notify Trimble of such error and shall provide Trimble with enough information, assistance, and cooperation to reproduce the error, including a listing of output and any other data that Trimble may reasonably request in order to reproduce the error and operating conditions under which the error occurred or was discovered. Trimble shall not be responsible for correcting any errors not attributable to Trimble.

2. Support Portals. Support portals with information about reporting and general availability are described below.

Offering Support Portal* Authorized Support Contacts Only?** Trimble Unity https://assetlifecycle.trimble.com/en/learn/support Yes * Additional phone numbers and hours of availability for contacting Trimble with support requests may be listed in the Support Portal.
** For any Products that do not require an Authorized Support Contact, any Authorized User of Customer may contact support.

3. Severity Priority Levels. As soon as reasonably practicable after Customer submits the relevant case information, Trimble will collect additional information and categorize the issue into one of four classifications as set forth below in good faith. Upon Customer submission of the case information, Trimble will use commercially reasonable efforts to issue a Response (as defined below) by the indicated target response goal set forth below. Once the priority level is determined, Trimble will use the level of effort for resolution described below.

Priority Level* Priority Criteria Target Response
Goal**
Level of Effort for Resolution
P1 most urgent and impactful ½ hour Trimble and Customer will prioritize any reasonably available resources to resolve
the situation or identify a work around.

P2 urgent and impactful, but usually has
an acceptable temporary
workaround
½ hour Trimble and Customer will prioritize any
reasonably available resources during
standard business hours to resolve the
situation or identify a work around.

P3 important, but not urgent and
impactful
4 hrs Trimble and Customer will use generally
available resources during standard
business hours to resolve the situation or
identify a work around.

P4 a low priority, informational, or an
enhancement request
24 hrs Trimble and Customer are willing to use
generally available resources during
standard business hours to provide
information or assistance.
* See Priority Matrix and definitions below. The main factors in determining priority level are urgency and impact. Trimble will also consider in good faith any additional relevant facts and circumstances in consultation with Customer that may result in a mutually agreed upon change in priority level.

A three-year software as a service agreement between the City of Indio a... Page 712 of 2236 ** The use of the term “hour(s)” refers to business hours based on Trimble’s regular business schedule, and excludes nights, weekends and locallyobserved holidays (e.g., 24 hrs equals 3 business days at 8 hrs a day). “Response” means acknowledgment of the issue via the creation of a case number. Determination of priority level will occur as soon as practicable thereafter.

Priority matrix
Impact
Widespread Large Localized Individualized
Urgency Critical P1 P1 P2 P2
High P1 P2 P2 P3
Medium P2 P3 P3 P3
Low P4 P4 P4 P4
Definitions
Impact
Impact is a measure of the number of users,
sites, or devices affected.

Widespread. More than three quarters of users or devices are affected.

Large. (1) Multiple sites are affected or (2) between one-half and three-quarters of users or devices are affected.

Localized. (1) A single site is affected or (2) less than one half of users or devices are affected.

Individualized. A single or a small number of users or devices are affected.

Urgency Urgency is a measure of the severity of the issue on the Customer’s operations.

Critical. Use of Offering as a whole or core functionality is stopped with no work around and with severe immediate impact to the Customer’s operations (e.g., outage).

High. Use of Offering as a whole or core functionality is severely degraded or a work around is available, and with immediate impact to the Customer’s operations.

Medium. Use of Offering or any functionality is not working as expected, and can be addressed through education, training, work around, work order, or a future enhancement.

Low. All other requests that are not the above.

4. Additional Limitations and Conditions.
(a) Unless otherwise expressly provided by Trimble in writing, Trimble does not support: (i) use of the Offering in a manner other than as authorized in the Agreement; (ii) conversions of Customer’s databases to accommodate new hardware or software, (iii) Customer Data debugging or manipulation, (iv) recurring support issues where Customer failed to initiate corrective actions previously recommended by Trimble or to provide information requested by Trimble, (v) implementation, report creation, onsite support, customizations (e.g., scripting

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(b) Customer must (i) require its personnel to obtain adequate training to operate the Offering, (ii) if required by Trimble for the particular Offering, designate Authorized Support Contacts who will submit all support cases to Trimble, (iii) provide internet and/or network access for Trimble when requesting support; and (iv) provide all information and assistance reasonably requested by Trimble related to the support request.
(c) For Licensed Software not hosted by Trimble, Customer is responsible for (i) securing the server environment, local network, and system security and protocols, including having staff qualified to assume responsibility for management administration and support for Customer’s hardware, database, and any Third-Party Materials, Dependencies, or Compatibilities, (ii) maintaining regular and frequent data backups, and recovering such data if necessary from backups maintained by Customer, (iii) establishing a secure method of access to Customer’s network as well as maintaining security protocols for Customer’s network; and (iv) incorporating Releases and any associated data migration.
(d) If any Customer support request is subject to any of the foregoing, then Trimble reserves the right to impose support fees at its then standard commercial time and materials rates for all such services, including pre-approved travel and per diem expenses to be reimbursed consistent with Customer’s policies. Trimble will notify Customer in advance of incurring any such fees.

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Supplemental Terms for Services
(Training, e-learning content, implementation, configuration, and other services) Version 1.0 (Last Updated: April 3, 2023)
Capitalized terms not defined herein have the meanings given in the General Terms.

1. Generally. Trimble or its authorized service providers will use commercially reasonable efforts to provide Services to Customer as described in an Order or SOW. Any changes in scope must be made in writing and approved by authorized representatives of Customer and Trimble.

2. Training and E-Learning. For any Services consisting of delivery of training or e-learning (e.g., videos, manuals, etc.), any content made available by Trimble shall not be deemed a Deliverable (as defined below), notwithstanding anything in an Order or SOW to the contrary, and no Intellectual Property Rights therein are assigned or transferred to the Customer. Unless an Order or Documentation states otherwise, prepaid training and e-learning content will expire if not completed within six months from the effective date of the Order or SOW. Trimble reserves the right to reschedule training if it determines in good faith that attendance is not sufficient or the originally scheduled time or location are no longer feasible. If the Order states a date that Services must be completed by, such date is presented for illustrative purposes. The actual completion date for such Services will be provided on the invoice.

3. Customer Materials. Customer shall provide Trimble with reasonable access to Customer’s technical data, computer programs, files, documentation, and/or other materials (collectively, “Customer Materials”) and to Customer’s resources, personnel, equipment, and facilities to the extent necessary for the performance of Services. Client will be responsible for, and assumes the risk of any problems resulting from the content, accuracy, completeness, competence, or consistency of Customer Materials or its personnel. To the extent that Customer does not timely provide the foregoing access required for Trimble to perform the Services, Trimble shall be excused from performance until such items or access are provided. Customer hereby grants Trimble a limited and revocable right to use the Customer Materials for the purpose of performing the Services. Customer owns and will retain ownership (including all intellectual property rights) in the Customer Materials.

4. Customer Premises. Customer shall provide Trimble with safe access to Customer’s premises as reasonably required for Trimble to perform the Services, if onsite performance of Services is needed and agreed to by Customer. Trimble personnel shall comply with the reasonable written rules and regulations of Customer related to use of its premises, provided that such written rules and regulations are provided to Trimble prior to commencement of the Services.

5. Customer Dependencies. Customer is responsible for taking all actions identified or described in the Agreement which are a condition for Trimble to provide Services. Should Customer’s failure to take such actions result in a delay of Trimble against a delivery schedule, or result in additional provable costs incurred by Trimble, Trimble shall not be considered to be delayed in its obligations, and Trimble shall be entitled to payment of such additional costs.

6. Deliverables. “Deliverable(s)” shall mean any Trimble deliverables as expressly set forth on a SOW or Order. Trimble hereby grants Customer a worldwide, royalty-free, non-exclusive license to use the Deliverables for its internal business purposes in connection with the Offerings associated with such Deliverables and only for the period of time that Customer has ownership or authorized use of such Offerings. Unless expressly stated otherwise in the applicable Order or SOW, Trimble owns and will retain ownership (including all intellectual property rights) in and to the Deliverables (excluding any Customer Materials) and any modifications, improvements, and derivative works thereof (including to the extent incorporating any Feedback). If the parties have agreed that Trimble will assign ownership of Deliverables to Customer, the relevant SOW must set forth the terms and conditions regarding such assignment.

7. Limited Warranty. Trimble will perform Services in a professional and workmanlike manner. If notified of a nonconformity within ten (10) days of delivery of the applicable Services, and if Customer provides a sufficiently detailed justification to Trimble to allow Trimble to identify the non-conforming Services, Trimble will, as its sole liability and obligation for failure to provide Services meeting this warranty, either (a) re-perform the non-conforming Services at no additional cost to Customer, or (b) issue a credit for any Services which Trimble identifies as non-conforming.

8. Travel Expenses. Trimble will invoice Customer for reasonable and pre-approved out-of-pocket travel expenses incurred in connection with performing Services. Expenses may be invoiced separately from fees and may include, but are not limited to, airfare and other transportation, lodging, and incidentals. Expenses may also include meals reimbursable per a flat per diem rate, available upon request.

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9. Other Offerings. These Services Terms only apply to Services, and not to any other Offerings, even if such other Offerings are referenced in an Order or SOW. For clarity, all such other Offerings shall not be considered a Deliverable hereunder, and the provision thereof shall be governed by one or more separate agreements between Trimble and Customer.

10. Non-Solicitation. During the Term and for a period of 12 months thereafter, Customer, shall not, directly or indirectly, solicit, hire, engage, or attempt to do any of the foregoing, any person who was an employee or independent contractor of Trimble who provided Services to Customer, without Trimble’s express prior written consent.

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Supplemental Terms for Hardware
Version 1.0 (Last Updated: April 3, 2023)
Capitalized terms not defined herein have the meanings given in the General Terms.

1. Delivery. Delivery times for Hardware are established when an Order is received and accepted by Trimble. Trimble will use commercially reasonable efforts to meet Customer’s requested delivery dates, unless Customer is in default under the Agreement or Trimble’s performance is otherwise excused (e.g., force majeure, etc.). Late delivery is not a basis for Customer’s cancellation of any Order.

Title and risk of loss or damage to the Hardware will pass to Customer upon delivery to Trimble’s shipping carrier.. Trimble will deliver any shipment FCA (Incoterms 2020) from its warehouse. Customer will pay or reimburse Trimble for all costs of carriage, freight, insurance (if applicable), taxes, duty and other related shipping charges. Trimble may fulfill its delivery obligations for Hardware through an Affiliate and/or authorized reseller. Trimble reserves the right to make partial deliveries.

2. Acceptance, Inspection, Notice of Nonconformance. All Hardware will be deemed accepted by Customer upon delivery to Trimble’s shipping carrier, subject to Customer’s right to inspect and reject damaged Hardware or Hardware that do not conform to the Order within 10 days of delivery. It is Customer’s responsibility to give Trimble prompt written notice of identified damage or non-conformance to the Order. If Customer retains the Hardware without giving notice within the designated period, it will be deemed to waive its right of rejection. The foregoing will not, however, prejudice Customer’s warranty remedies as described in the applicable Hardware Terms.

3. Limited Warranty. Unless the Hardware comes with a limited warranty that provides otherwise, Trimble warrants to Customer, and only to Customer, that the Hardware is designed and manufactured to conform in all material respects to Trimble's specifications and all parts are and will be free from defects in material and workmanship for a period of twelve (12) months from date of shipment. During the warranty period, Trimble's obligations in Section 7 (Sole Remedy; Warranty Procedure) are Customer’s only and exclusive remedy for Hardware that Trimble reasonably determines does not meet the limited warranty, and is made subject to these Hardware Terms.

4. Firmware. Trimble hereby grants Customer a personal, non-exclusive, revocable, non-assignable right to access and use firmware solely as necessary to use the Hardware in accordance with the Documentation. During the limited warranty period, Customer will be entitled to receive such Fixes (as defined below) to the firmware that Trimble releases and makes commercially available and for which it does not charge separately, subject to the procedures for delivery to purchasers of Trimble products generally. Minor Updates (as defined below), Major Upgrades (as defined below), new products, or substantially new software releases, as identified by Trimble, are expressly excluded from this fix process and limited warranty. Receipt of software fixes will not serve to extend the limited warranty period. "Fix(es)" means an error correction or other update created to fix a previous software version that does not substantially conform to its Trimble specifications; "Minor Update" occurs when enhancements are made to current features in software; and "Major Upgrade" occurs when significant new features are added to software, or when a new product containing new features replaces the further development of a current product line. Trimble reserves the right to determine, in its sole discretion, what constitutes a Fix, Minor Update, Major Upgrade, new products, or substantially new software releases.

5. Non-Trimble Manufactured Products. Trimble will extend to Customer the manufacturer's warranty, if any, for all equipment and/or software products manufactured by another manufacturer and furnished by Trimble to Customer under such other manufacturer’s brands. Customer acknowledges and agrees that Trimble shall not be responsible for separately warranting or supporting the equipment or software products of such other manufacturers.

6. Warranty Exclusions. The foregoing Hardware limited warranty will only apply in the event and to the extent that (a) the Hardware is properly and correctly installed, configured, interfaced, maintained, stored, and operated in accordance with the Documentation, and (b) the Hardware is not modified or misused. This limited warranty does not apply to, and Trimble shall not be responsible for defects or performance problems resulting from (i) the combination or use of the Hardware with hardware or software products, information, data, systems, interfaces or devices not made, supplied or specified by Trimble; (ii) the operation of the Hardware under any specification other than, or in addition to, the Documentation; (iii) the unauthorized installation, modification, repair or use of the Hardware; (iv) damage caused by accident, lightning or other electrical discharge, fresh or salt water immersion or spray (outside Hardware specifications), or exposure to environmental conditions for which the Hardware is not intended; (v) normal wear and tear on consumable parts (e.g., batteries) or (vi)

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MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO SERVICES, WHICH IF PROVIDED HEREUNDER ARE PROVIDED "AS-IS."

7. Sole Remedy; Warranty Procedure. If the Hardware fails during the warranty period for reasons covered by this limited warranty and Customer notifies Trimble of such failure during the warranty period, Trimble will at its option repair or replace the nonconforming Hardware with new, equivalent to new, or reconditioned parts or Hardware or, if either of the foregoing is commercially impractical in Trimble’s determination, refund the Hardware purchase price paid by Customer (excluding separate costs of installation, if any) upon Customer’s return of the Hardware in accordance with Trimble's product return procedures then in effect. Any repaired or replaced Hardware will be warranted for a period of thirty (30) days or the remainder of the original warranty period, whichever is longer. Warranty service will be provided at a designated Trimble service center or by an authorized Trimble service provider. Except as otherwise agreed by the parties, Customer shall be responsible for all shipping charges to the designated Trimble service center or authorized Trimble service provider.

8. Determination of Warranty Applicability: Trimble reserves the right to refuse warranty services if the Hardware date of purchase cannot be proven, if a claim is made outside the warranty period or if a claim is excluded from the warranty pursuant to the Terms. Following Trimble’s examination of Customer’s claim, Trimble will notify Customer of warranty status and the repair cost of any out-of-warranty Hardware. At such time Customer must issue a valid purchase order to cover the cost of the non-warranted Hardware repair and return freight, or authorize return shipment of the Hardware at Customer’s expense as-is.

9. Non-responsibility for Lost Data. Trimble shall not be responsible for any modification or damage to, or loss of any programs, data, or other information stored on any media or any part of any Hardware serviced by it or an authorized Trimble service provider, or for the consequence of such damage or loss, e.g., business loss in the event of system, program or data failure. It is Customer’s responsibility, prior to servicing, to backup data and remove all features, parts, alterations, and attachments not covered by warranty prior to releasing the Hardware to Trimble. The Hardware will be returned to Customer configured as originally purchased.

10. Return of Hardware: All Hardware returns are subject to Trimble’s prior written consent and must comply with its product return (RMA) procedures then in effect. Before returning or exchanging Hardware, Customer must contact Trimble directly to obtain an authorization number to include with the return. Customer must return Hardware to Trimble in their original or equivalent packaging, and Customer is responsible for risk of loss, as well as shipping fees back to Trimble. Hardware received but not eligible for return will be sent back to Customer freight collect. For approved returns, Customer will receive credit equal to the lesser of the Hardware invoice price or its current replacement value, less any applicable charges or fees.

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Supplemental Terms for U.S. Public Entities
Version 1.0 (Last Updated: October 7, 2023)
Capitalized terms not defined herein have the meanings given in the General Terms and the Software Terms.

1. Scope. To the extent Customer is a public or governmental entity, these Supplemental Terms provisions apply to the extent Customer is a public or governmental entity in the United States.

2. Intellectual Property Indemnification by Trimble. Trimble shall defend Customer from and against any claim of infringement of a U.S. patent, U.S. copyright, or U.S. trademark asserted against Customer by a third party based upon Customer’s use of the Offerings in accordance with the terms of this Agreement, and pay any resulting settlement or final judgment. If Customer’s use of any of the Offerings are, or in Trimble’s opinion are likely to be, enjoined due to the type of infringement specified above, or if required by settlement, Trimble may, in its sole discretion: (a) substitute for the Offerings substantially functionally similar programs and documentation; (b) procure for Customer the right to continue using the Offerings; or if (a) and (b) are commercially impracticable, (c) terminate the Agreement and refund to Customer any prepaid fees for the unused portion of the then-current Term on a pro rata basis. The foregoing indemnification obligation of Trimble will not apply: (1) if the Offerings are modified by any party other than Trimble; (2) if the Offerings are combined with other non-Trimble products, but solely to the extent that the alleged infringement is caused by such combination; (3) to any unauthorized use of the Offerings; (4) to any unsupported release of the Offerings; or (5) to any third-party code, content, and/or data contained in and/or delivered with the Offerings.

3. Tax Exemption. If Customer is a tax-exempt entity and provides evidence of a tax-exempt certificate prior to executing this Agreement, then Section 3.1 of the General Terms regarding Customer’s responsibility to pay taxes shall be inapplicable.

4. No Indemnification by Customer. Section 8 (Indemnification) and the second to last sentence of Section 12.6 (Export Control) of the General Terms shall be inapplicable.

5. Public Records Law. Customer’s confidentiality obligations in Section 9 (Confidentiality) of the General Terms may be subject to applicable public records law.

6. Limited Publicity. Provision (b) in Section 12.12 (Publicity) of the General Terms shall be inapplicable.

7. Termination for Convenience. Customer may terminate this Agreement for convenience on not less than sixty (60) days’ written notice to Trimble. If Customer terminates this Agreement under this paragraph, all recurring fees due as of effective date of termination will remain due and payable in accordance with the payment terms of this Agreement.

All previously paid fees (both used and unused) shall be non-refundable and forfeited. Furthermore, all earned, but unpaid, fees for professional services, if any, must be paid in full before the termination becomes effective.

8. Non-Appropriation of Funds. The Customer’s funds for future and ongoing purchases are contingent on the availability of future appropriations of funds. If funds are not appropriated for any payments due under this Agreement, the Customer will promptly notify Trimble in writing and the applicable Order will terminate as of the date of the notice, and the Customer will have no further obligation to make any payments with respect to the affected Order, provided however that the Customer shall pay for any goods or services ordered and received prior to the date of the Customer’s notice.

9. Piggyback. Trimble does business with many government entities whose applicable laws permit them to join an existing contract between another governmental agency and vendor to acquire goods and services thereunder. In such circumstances and if allowable by applicable law and contract, Customer expressly agrees to allow the other governmental agencies to acquire goods and services using this Agreement (“Piggyback”), subject to applicable pricing of the Trimble offerings at the time of the piggyback purchase, provided that such piggyback arrangement does not adversely affect Customer's service levels, pricing, or access to the Offerings.

10. Governing Law. Notwithstanding Section 12.9 (Governing Law and Venue) of the General Terms, the Laws of the jurisdiction required by applicable law shall exclusively govern this Agreement.

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Service Level Agreement; Data Security, Restoration, and Accessibility Version 2.0

1. Availability Service Level Agreement
For any Offering that is either (i) Software-as-a-Service or (ii) Licensed Software hosted by Trimble, the following will apply.

1.1. Target Availability. Trimble will use commercially reasonable efforts to make the Offering available with an uptime availability (time periods during which Customer has general connectivity to the Offering) (the “Target Availability”) as follows:

Offering / Target Availability*
Trimble Unity Construct / 99.95%
Trimble Unity Maintain / 99.95%
Trimble Unity Permit / 99.95%
*Target Availability is generally for a calendar month; provided that Trimble Unity target availability will be calculated on a quarterly basis.

1.2. Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) Customer’s use of the Offering in a manner not authorized in the Agreement or Documentation, (b) general Internet problems, force majeure events or other factors outside of Trimble’s reasonable control, including without limitation interruption or failure of telecommunications or digital transmission links, hostile network attacks, network congestion, denial of service attack, (c) Customer’s equipment, software, network connections or other infrastructure, (d) any acts or omissions of Customer or any third-party that is not a service provider of Trimble, (e) failure by Customer to pay any applicable fees under the Agreement, or (f) Scheduled Maintenance or emergency maintenance.

1.3. Scheduled Maintenance. “Scheduled Maintenance” means Trimble’s scheduled, routine, or other maintenance which (1) occurs at such times as may be listed on Trimble’s websites or Support Portal, or (2) Trimble notifies Customer with at least two (2) days advance notice, which can be via the Support Portal, e-mail, or in the Offering. Trimble reserves the right to schedule other maintenance periods on an as needed basis and will notify Customer in advance. Trimble will use commercially reasonable efforts to perform Scheduled Maintenance during low usage times.

1.4. Service Credits. If there is a verified failure of the Offering to meet Target Availability in a particular month and Customer makes a request for service credit within thirty (30) days after the end of such month, Customer will be entitled to a credit based on the monthly fees due for the affected Offering in such month (“Service Credit”). The Service Credit will be calculated as follows:

Service Credit = Pro Rata Fee * percentage of time that the Offering did not meet the Target Availability The "Pro Rata Fee" means (1) for Target Availability measured monthly, one-twelfth of the total annual fee for the Offering (excluding taxes, etc.), and (2) for Target Availability measured quarterly, one-fourth of the total annual fee for the Offering (excluding taxes, etc). The Service Credit will be calculated to the nearest 30-minute interval. The total Service Credits in a month may not exceed 50% of the Monthly Fee.

Trimble will apply each Service Credit to Customer’s next invoice, provided that Customer’s account is fully paid up, without any outstanding payment issues or disputes. Customer will not receive any refunds for any unused Service Credits.

1.5. Sole Remedy. Service Credits constitute liquidated damages and are not a penalty. The Service Credits set forth in this Section are Customer’s sole and exclusive remedy for any failure to meet the Target Availability.

2. Data Security, Restoration, and Accessibility

2.1. Software-as-a-Service.
a) General. Trimble or its third-party hosting provider(s) shall use commercially reasonable efforts to establish and maintain reasonable administrative, physical, and technical safeguards designed to (a) protect the security, confidentiality, and integrity of Customer Data, (b) protect against anticipated threats or hazards to the security, confidentiality, and integrity of Customer Data; (c) protect against unauthorized access to or use of Customer

A three-year software as a service agreement between the City of Indio a... Page 720 of 2236 Data; and (d) protect against unlawful processing, accidental destruction, or loss of Customer Data. b) Data Backups. Backup of all Customer Data hosted in the cloud will be continuous, immutable, and virtual.

Trimble will maintain a recovery time objective (RTO) of 4 hours and a recovery point objective (RPO) of 15 minutes.
c) Data Restoration. Trimble will use reasonable efforts to restore lost or damaged Customer Data for Offerings deployed as Software-as-a-Service, as described in this paragraph, if the loss or damage was caused by Trimble.

Trimble will consult with Customer and provide information to Customer regarding the availability of backups and the potential limitations of data restoration. Customer understands that some data loss may result upon restoration based on the frequency and availability of backups. If Customer Data loss or damage is not caused by Trimble, Trimble will provide support and technical assistance for data restoration subject to Trimble’s availability and payment of applicable fees at Trimble’s then-current hourly rates. d) Data Location. For customers located in the United States, all Customer Data will be hosted and stored within the continental United States. For customers located in Canada, all Customer Data will be hosted and stored within Canada.
e) Data Encryption. All Customer Data will be encrypted at rest and in transit utilizing government-certified Advanced Encryption Standard (AES) cipher algorithms with a 256-bit or better encryption key. f) Disaster Recovery. Trimble will maintain a written Disaster Recovery Plan (DRP) as described in its then current SOC 2 Type II audit report for the applicable Offering.

2.2. SOC Compliance. Current versions of the Trimble Offering(s) referenced in the Order Form will be subject to an annual System and Organization Controls for service organizations (“SOC”) 2 Type II audit based on Security, Availability, and Confidentiality Trust Services Criteria and will maintain compliance with those standards during the Term of this Agreement. The SOC 2 Type II audit will be conducted by a licensed Certified Public Accounting firm in accordance with the standards of the American Institute of Certified Public Accountants (“AICPA”) Statement on Standards for Attestation Engagements No. 18. At Customer’s request once per year, Trimble shall provide Customer with an executive summary of its most recent penetration test and its most recent SOC 2 Type II audit report for review to verify Trimble’s compliance with this Agreement’s data security requirements.. These materials shall be treated as Confidential Information and except for penetration test executive summaries, may be accessed from https://trust.trimble.com/. Customer may also access Trimble’s security policies as listed on https://trust.trimble.com/.

2.3. System Testing. Trimble will maintain sole responsibility for establishing, maintaining, testing, and executing all plans and procedures applicable to system backup, disaster recovery, system architecture and security (including without limitation monitoring, audits, vulnerability scans/remediation, and penetration tests), software development, maintenance release schedules, and update management.

2.4. Vulnerability Remediation. Trimble will conduct vulnerability scans of the then current version of each Trimble Offering on a monthly basis. Trimble will use best efforts to remediate identified vulnerabilities as follows:
a. Critical (30 days)
b. High (60 days)
c. Medium & Low (commercially reasonable timeframe)
Note: vulnerability severity ratings referenced above must follow the NIST scoring system (https://nvd.nist.gov/vulnmetrics/cvss).

2.5. Security Incident Notification. Trimble will provide notification of any security incidents that affect Customer Data or Customer’s instance, including a data breach, within 72 hours of confirmation.

2.6. Accessibility. During the term of the Agreement, the Trimble Offering(s) referenced in the Order Form may be subject to accessibility audits based on WCAG 2.0 AA standards. Trimble's compliance with any accessibility standards will be limited to its then current Accessibility Conformance Report, which will be provided upon request.

2.7. On Premises Licensed Software. If the Order Form includes any licensed software Products deployed on-premises or through hosting services not provided by Trimble, Trimble does not provide regular support or technical assistance for the repair or restoration of lost or damaged Customer Data as part of support, regardless of the cause. Assistance for restoration may be available subject to Trimble’s availability and payment of applicable fees at Trimble’s then-current hourly rates.

A three-year software as a service agreement between the City of Indio a... Page 721 of 2236 City of Indio
City Council
September 16, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Jessica Mediano, Marketing and Public Information Officer Subject: Adoption of Resolution No. 10606 establishing a Citywide Sponsorship Acceptance and Recognition Policy, approving a Short-Form Sponsorship Agreement, and delegating authority to the City Manager to accept and document sponsorships.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 10606 establishing a Citywide Sponsorship Acceptance and Recognition Policy, approving a Sponsorship Agreement, and delegating authority to the City Manager, or designee, to accept and execute sponsorship agreements consistent with the Policy.

SUMMARY:

The proposed Citywide Sponsorship Acceptance and Recognition Policy establishes a consistent framework for the City to solicit, accept, document, and recognize monetary and in-kind sponsorships supporting City events, programs, facilities, and activities. The Policy establishes sponsor eligibility and content standards, including provisions addressing lawful gaming, tribal enterprises, and alcohol-related businesses, while maintaining City control over all sponsor recognition and protecting City decision-making from actual or perceived influence. The proposed Resolution also approves a standard Sponsorship Agreement and delegates authority to the City Manager, or designee, to approve sponsorships of up to $75,000 per sponsor and its affiliates in a fiscal year. Sponsorships exceeding this threshold, as well as certain naming rights, multi-year agreements, exclusivity arrangements, real property interests, and other significant sponsorships, would continue to require City Council approval. Adoption of the Policy will provide a clear and consistent process for City departments to pursue sponsorship opportunities while maintaining appropriate legal, financial, and administrative oversight.

BACKGROUND INFORMATION:

The City of Indio hosts and produces over 30 community activities throughout the year. As the City's community events have expanded, sponsorships have become an increasingly valuable tool to enhance programming, provide additional resources, offset City costs, and build partnerships with organizations that serve Indio.

The City currently does not have uniform Citywide standards governing the solicitation, acceptance, documentation, and recognition of sponsorships received by the City. Without a consistent framework, individual departments may approach sponsorship opportunities differently, creating the potential for inconsistent sponsor eligibility, recognition, documentation, and approval practices.

AGENDA ITEM #11.1
Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 722 of 2236 The Citywide Sponsorship Acceptance and Recognition Policy was developed to establish a consistent process for sponsorships received by the City while providing departments with the flexibility necessary to develop partnerships appropriate to their respective events, programs, facilities, and activities.

The proposed Policy is separate from the City's existing Community Grants and Sponsorship Program. The existing program governs grants, sponsorships, and other financial assistance provided by the City to outside organizations, while the proposed Policy governs sponsorships received by the City in exchange for approved recognition or other benefits.

ATTACHMENTS:

Attachment 1- Citywide Sponsorship Policy
Attachment 2- Citywide Sponsorship Agreement
Attachment 3 - Resolution No. 10606 City Wide Sponsorships APPROVAL(S):

Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 04 Sep 2026 Ruby D. Walla, Director of Finance Approved - 08 Sep 2026 Steven Graham Pacifico, City Attorney Approved - 10 Sep 2026 Jonathan Nicks, City Manager Approved - 10 Sep 2026

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 723 of 2236 9 EXHIBIT A

CITY OF INDIO

SPONSORSHIP ACCEPTANCE AND RECOGNITION POLICY
SECTION 1. PURPOSE
The City of Indio (“City”) welcomes appropriate partnerships with businesses, federally recognized Indian tribes and tribal enterprises, nonprofit organizations, governmental entities, educational institutions, individuals, and other organizations that can enhance City events, programs, services, facilities, and community initiatives. The purpose of this Policy is to establish uniform Citywide standards governing sponsorships received by the City, protect the integrity and independence of City operations and decision-making, ensure appropriate and consistent recognition of sponsors, and provide City departments with sufficient flexibility to develop mutually beneficial partnerships that advance legitimate municipal purposes.

Nothing in this Policy creates a right or entitlement to sponsor a City event, program, service, facility, or activity. The City retains discretion to determine whether a proposed sponsorship serves the City’s interests and is appropriate for the particular City activity involved.

SECTION 2. SCOPE
This Policy applies Citywide to sponsorships received by any City department, division, office, program, event, facility, or City-controlled activity. As to the offices of the elected City Clerk and the elected City Treasurer, this Policy applies by direction of the City Council, and references in this Policy to review or approval by the City Manager shall be read as references to review or approval by the elected officer for Sponsorships received by that officer’s office.

This Policy does not govern grants, donations, or other financial assistance provided by the City to outside organizations. It also does not govern gifts or donations received by the City for which the donor receives no material recognition or other contractual benefit. Such gifts shall be processed in accordance with the City’s applicable gift and donation acceptance policies and Government Code section 37354.

This Policy does not independently authorize any expenditure, fee waiver, disposition or use of City property, permanent naming of a City facility, procurement commitment, or contractual

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 724 of 2236 10 obligation that otherwise requires approval under the Municipal Code, another City policy, the adopted budget, or applicable law.

SECTION 3. DEFINITIONS
Sponsorship means a financial or in-kind contribution provided to the City to support a City event, program, service, facility, project, or other City activity in exchange for acknowledgment, promotional recognition, hospitality benefits, or other benefits approved by the City.

Sponsor means the individual or entity providing a Sponsorship to the City.

In-Kind Sponsorship means the provision of goods, equipment, professional or other services, facilities, media, advertising, or other non-cash consideration in lieu of or in addition to a monetary contribution. The City shall determine the reasonable value assigned to an In-Kind Sponsorship.

Sponsorship Agreement means a written agreement, approved by an authorized City representative, specifying the contribution to be provided and the recognition, benefits, and other terms applicable to the Sponsorship.

Sponsor Recognition means City-approved acknowledgment of a Sponsor, which may include use of the Sponsor’s name or logo in City-controlled communications, event materials, banners, signage, webpages, social media, verbal acknowledgments, programs, displays, or similar materials.

SECTION 4. GENERAL SPONSORSHIP STANDARDS
A Sponsorship must support a legitimate City purpose and be appropriate to the event, program, service, facility, or activity being sponsored. In evaluating a proposed Sponsorship, the City may consider the relationship between the Sponsor and the sponsored activity; the value and usefulness of the contribution; the Sponsor’s connection to Indio or the Coachella Valley; the anticipated benefit to residents, businesses, visitors, or the City; the nature of the proposed recognition; administrative and operational impacts; and any potential legal, ethical, financial, reputational, or operational concerns.

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 725 of 2236 11 The City welcomes Sponsorships supporting, among other appropriate municipal purposes, arts and culture, recreation, public safety, health and wellness, youth and senior programs, economic development, tourism, sustainability, community events, educational programming, public facilities, neighborhood initiatives, civic engagement, and programs celebrating Indio’s history and diverse communities.

Comparable Sponsors participating at comparable sponsorship levels should generally receive comparable recognition and benefits. The City may establish sponsorship levels or packages for particular events or programs. No Sponsorship shall compromise the City’s ability to carry out its governmental responsibilities objectively and independently.

SECTION 5. SPONSOR ELIGIBILITY AND CONTENT STANDARDS
Sponsors must be legally authorized to conduct their activities and possess licenses or permits required for the activities relevant to the Sponsorship. The City may conduct reasonable due diligence regarding a prospective Sponsor when appropriate in light of the nature, amount, duration, or visibility of the proposed Sponsorship.

The City will not accept a Sponsorship when the proposed Sponsor Recognition would:

1. Advocate for or against a candidate for public office, political party, ballot measure, campaign committee, or other electoral campaign;

2. Promote tobacco, nicotine, vaping, cannabis, illegal drugs, or unlawful products or services;

3. Primarily promote the sale of firearms, ammunition, or other weapons;

4. Contain obscene or sexually explicit material or primarily promote adult entertainment;

5. Contain false, misleading, defamatory, threatening, or unlawful material;

6. Promote unlawful discrimination or contain content that would reasonably be understood as advocating violence against a person or group;

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 726 of 2236 12 7. Primarily consist of religious proselytizing or advocacy for or against adherence to a particular religion, provided that religiously affiliated organizations are not disqualified from Sponsorship on the basis of their religious affiliation; or

8. Otherwise conflict with applicable law or materially interfere with the purpose, operation, safety, or integrity of the City activity being sponsored.

The foregoing standards govern the City’s acceptance and presentation of Sponsorships and Sponsor Recognition and are not intended to create a general forum for private expression on City property.

Lawful Gaming and Tribal Enterprises
A Sponsor shall not be deemed ineligible merely because it is a federally recognized Indian tribe, a tribally owned or affiliated enterprise, or an entity engaged in lawful gaming, hospitality, entertainment, or related activities.

The City recognizes the significant governmental, cultural, economic, and community relationships between the City and tribal governments and enterprises in the Coachella Valley.

Sponsor Recognition may therefore identify the lawful name or trade name of a tribal government or enterprise, including a resort or casino. Recognition associated with gaming establishments shall remain appropriate to the City activity involved and may not include wagering inducements, gambling odds, promotional bonuses, or similar direct solicitations to gamble. Gaming-related promotional content shall not be directed toward minors.

Alcohol-Related Businesses
The City may accept Sponsorships from businesses that lawfully manufacture, distribute, sell, or serve alcoholic beverages when the Sponsorship is appropriate to the nature and audience of the City activity and complies with applicable alcoholic beverage laws.

Alcohol-related Sponsor Recognition shall not encourage excessive or irresponsible consumption and shall not be directed toward minors. Sponsorships primarily promoting alcoholic beverages shall not be used in connection with programs or activities principally intended for children or youth.

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 727 of 2236 13 SECTION 6. PROTECTION OF CITY DECISION-MAKING
A Sponsorship does not constitute and shall not be represented as an endorsement by the City of the Sponsor or the Sponsor’s products, services, views, business practices, or activities. No Sponsorship may provide or appear to provide a Sponsor with preferential treatment concerning City procurement, contracting, permitting, licensing, land use entitlements, inspections, code enforcement, regulatory actions, claims, litigation, economic development assistance, or any other governmental decision. City employees shall not represent or imply that providing a Sponsorship will influence a City decision or that declining a Sponsorship opportunity will adversely affect a person’s relationship with the City.

SECTION 7. SPONSOR RECOGNITION AND CITY CONTROL
All Sponsor Recognition is subject to the City’s prior approval and continuing editorial and operational control. The City shall determine the form, wording, design, placement, size, location, frequency, duration, and method of all recognition appearing on or through City property, facilities, publications, websites, social media, events, or other City-controlled communications.

Sponsor Recognition is intended as acknowledgment of support for a City activity and not as the creation of an advertising forum or other forum for unrestricted private expression. The City does not, by accepting Sponsorships, make City property or City communications generally available for private advertising or expressive activity.

Recognition may include, as appropriate, Sponsor names and logos, banners or temporary signage, acknowledgment in printed or electronic materials, event announcements, booth or exhibit opportunities, event tickets, hospitality benefits, or designation as a presenting, supporting, community, or similar Sponsor. The City may require an appropriate disclaimer stating that recognition of a Sponsor does not constitute City endorsement of the Sponsor’s products or services.

A Sponsor may not use the City’s name, seal, logo, trademarks, photographs, or other City intellectual property without prior written authorization. Approval of a Sponsorship does not confer a general license to use City intellectual property or permit the Sponsor to represent that it is an official representative, agent, or endorsed provider of the City. Sponsor Recognition shall not

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 728 of 2236 14 be incorporated into official City seals, badges, employee identification, regulatory documents, public safety insignia, or other materials where commercial recognition would reasonably impair the governmental character or function of the material.

SECTION 8. EVENT, PROGRAM, AND FACILITY SPONSORSHIPS
Event Sponsorships may support one-time or recurring City events and may include monetary contributions, goods, equipment, professional services, advertising, media support, volunteer resources, or other appropriate contributions. Program Sponsorships may support City-operated programs, services, educational activities, community initiatives, or other ongoing City activities.

Recognition shall be tailored to the nature and duration of the sponsored program. Facility Sponsorships may support the construction, improvement, equipment, operation, beautification, programming, or maintenance of City facilities and public spaces. Recognition may include temporary or limited signage, plaques, donor walls, or similar acknowledgment approved by the City.

A Facility Sponsorship does not confer Naming Rights, an interest in City real property, control over the use or operation of the facility, or any exclusive right to provide goods or services at the facility unless separately authorized by the City in accordance with applicable law. Permanent or long-term Naming Rights for a City-owned building, park, facility, significant public space, or other City asset require City Council approval.

SECTION 9. SPONSORSHIP AGREEMENTS
All Sponsorships shall be documented in writing in a form approved by the City. The Sponsorship Agreement shall identify, as applicable, the contribution and its agreed value, the purpose for which the Sponsorship is accepted, the recognition and benefits provided by the City, the Sponsorship term, payment or delivery requirements, the City’s control over Sponsor Recognition, use of intellectual property, and termination or removal rights. Depending upon the nature of the Sponsorship, the City may also require insurance, indemnification, permits, licenses, riskmanagement provisions, or other appropriate contractual protections.

Nonstandard agreements, significant exclusivity arrangements, unusual use of City property or intellectual property, or other Sponsorships presenting material legal issues shall be referred to the

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 729 of 2236 15 City Attorney’s Office for review. The City makes no representation to a Sponsor regarding whether a Sponsorship is deductible for federal or state tax purposes.

SECTION 10. FINANCIAL AND ADMINISTRATIVE REQUIREMENTS
Monetary Sponsorships shall be received and accounted for through appropriate City financial procedures and deposited into an appropriate City account. City employees shall not personally receive or retain Sponsorship funds. The City shall determine the reasonable value of In-Kind Sponsorships for administrative and reporting purposes. The City may reject an In-Kind Sponsorship when the goods or services are unnecessary, would create unreasonable operating or maintenance costs, do not satisfy City standards, or otherwise do not provide sufficient value to the City. Any distribution of tickets or passes received or controlled by the City in connection with a Sponsorship shall comply with the City’s ticket and pass distribution policy adopted by Resolution No. 10128 and with FPPC Regulation 18944.1.

Nothing in this Policy relieves any elected officer of the City of any obligation to report behested payments under Government Code section 84224, or of any other obligation arising under the Political Reform Act or the City’s Conflict of Interest Code.

Sponsorship records, including agreements, payments, correspondence, and approved recognition, shall be maintained in accordance with the City’s records-retention requirements and are subject to disclosure under the California Public Records Act except to the extent an applicable exemption permits withholding.

SECTION 11. APPROVAL PROCESS
A proposed Sponsorship may originate through a prospective Sponsor or through City solicitation.

Proposals shall be coordinated with the City department responsible for the event, program, service, facility, or activity to be sponsored. The applicable Department Director or designee shall review the proposed Sponsorship for consistency with this Policy and shall make a recommendation to the City Manager or the City Manager’s designee.

The City Manager or designee may approve Sponsorships that are consistent with this Policy and within the authority delegated to the City Manager by the City Council in the resolution adopting

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 730 of 2236 16 this Policy, as that resolution may be amended from time to time. The City Manager may impose additional conditions, modify proposed recognition or benefits, reject a proposed Sponsorship, or refer any Sponsorship to the City Council for consideration.

City Council approval shall be obtained when required by law, by the Indio Municipal Code, by another City policy, or by the resolution adopting this Policy, including when the Sponsorship exceeds the threshold established by that resolution, when it requires an appropriation or expenditure not otherwise authorized, when it grants permanent or long-term Naming Rights to a City facility or significant City asset, when it conveys an interest in real property, or when the City Manager determines that the nature, duration, public prominence, or policy implications of the Sponsorship warrant City Council consideration.

Neither submission of a Sponsorship proposal nor prior acceptance of a Sponsorship creates any right to approval or renewal of a Sponsorship.

SECTION 12. TERMINATION OR WITHDRAWAL
The City may suspend, terminate, or decline to renew a Sponsorship at any time and for any reason, including but not limited to when the Sponsor fails to satisfy its obligations, information provided by the Sponsor was materially inaccurate, the proposed or actual Sponsor Recognition violates this Policy, circumstances arise that would have provided a basis to decline the Sponsorship originally, continued association would materially interfere with City operations or the purpose of the sponsored activity, or termination is otherwise authorized by the Sponsorship Agreement.

Any financial consequences of termination, including whether a payment is refundable, shall be governed by the Sponsorship Agreement.

Adopted by Resolution No. ______ on _________________, 2026.

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 731 of 2236 17 EXHIBIT B

CITY OF INDIO

SHORT-FORM SPONSORSHIP AGREEMENT
This Short-Form Sponsorship Agreement (“Agreement”) is entered into between the City of Indio, a California municipal corporation (“City”), and ______________________________ (“Sponsor”), effective as of the date of the last signature below.

1. SPONSORSHIP.

City Event, Program, Facility, or Activity: ______________________________________ Sponsorship Term: From __________________ through __________________.

Sponsor Contribution:

Monetary Contribution: $____________________; and/or
In-Kind Contribution: ____________________________________________ Agreed Value of In-Kind Contribution: $____________________ Sponsor shall pay or provide the Sponsorship to the City no later than __________________, unless otherwise agreed in writing by the City. Monetary contributions shall be made payable to the City of Indio and processed through the City’s established financial procedures.

2. SPONSOR RECOGNITION AND BENEFITS. In consideration for the Sponsorship, the City will provide the following recognition or benefits:
__________________________________________________________________ ___________________________________________________________________________ Examples may include identification as a sponsor, use of Sponsor’s approved name or logo in event or program materials, temporary signage, acknowledgment on City webpages or social media, verbal recognition, booth or exhibit opportunities, tickets, or other approved benefits. All Sponsor Recognition is subject to the City’s prior approval and continuing editorial and operational control. The City retains sole authority over the form, content, wording, design, placement, size, location, frequency, duration, and manner of recognition. Unless expressly stated above, this

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 732 of 2236 18 Agreement does not provide Sponsor with exclusivity, naming rights, an interest in City property, or a right to sell or provide goods or services on City property.

3. CITY SPONSORSHIP POLICY. This Agreement is subject to the City’s Sponsorship Acceptance and Recognition Policy, as it may be amended from time to time (“Policy”). Sponsor acknowledges that the Sponsorship and all Sponsor Recognition must remain consistent with the Policy. If there is a conflict between this Agreement and the Policy concerning the City’s governmental authority, control of City property or communications, Sponsor Recognition, or eligibility standards, the Policy shall control.

4. NO CITY ENDORSEMENT OR PREFERENTIAL TREATMENT. The City’s acceptance of the Sponsorship and recognition of Sponsor do not constitute an endorsement by the City of Sponsor or Sponsor’s products, services, views, business practices, or activities. The Sponsorship does not provide Sponsor with preferential treatment or consideration concerning any City procurement, contract, permit, license, land use entitlement, inspection, code enforcement matter, regulatory action, economic development matter, claim, litigation, or other governmental decision.

Sponsor shall not state or imply otherwise.

5. NAMES, LOGOS, AND INTELLECTUAL PROPERTY. Sponsor grants the City a limited, nonexclusive, royalty-free license during the Sponsorship Term to reproduce and display Sponsor’s name, trademarks, and logos provided by Sponsor solely for the Sponsor Recognition described in this Agreement. Sponsor represents that it possesses all rights necessary to authorize such use and that the City’s authorized use will not infringe the rights of any third party. Sponsor may not use the City’s name, seal, logo, trademarks, photographs, or other City intellectual property in advertising, promotional materials, social media, or otherwise without the City’s prior written approval. Nothing in this Agreement authorizes Sponsor to represent that it is an agent, representative, preferred provider, or endorsed provider of the City.

6. COMPLIANCE WITH LAW AND CITY REQUIREMENTS. Sponsor shall comply with all applicable federal, state, and local laws and shall maintain any licenses or permits required for activities undertaken in connection with the Sponsorship. If Sponsor will conduct activities on City property, provide services at a City event, install equipment or displays, distribute products, or undertake other activities presenting operational or liability concerns, Sponsor shall comply with

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 733 of 2236 19 any additional reasonable insurance, indemnification, permitting, safety, or risk-management requirements established by the City. Sponsor Recognition involving gaming, alcoholic beverages, or other regulated activities must comply with the additional standards contained in the Policy.

7. INDEMNIFICATION. To the fullest extent permitted by law, Sponsor shall defend, indemnify, and hold harmless the City and its elected and appointed officials, officers, employees, agents, and volunteers from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to Sponsor’s negligent or wrongful acts or omissions, Sponsor’s activities conducted in connection with the Sponsorship, or Sponsor’s breach of this Agreement. This Section does not require Sponsor to indemnify the City for liability caused by the City’s sole negligence or willful misconduct.

8. TERMINATION. The City may suspend or terminate this Agreement and remove or discontinue Sponsor Recognition if Sponsor fails to perform its obligations; Sponsor Recognition violates or becomes inconsistent with the Policy; information provided by Sponsor was materially inaccurate; Sponsor’s activities create a material legal, operational, safety, or reputational concern for the City; the sponsored event, program, facility, or activity is cancelled or materially changed; or circumstances otherwise arise that would permit the City to decline the Sponsorship under the Policy. The City may also terminate this Agreement for convenience upon written notice to Sponsor. If the City terminates this Agreement solely for convenience before providing substantially all agreed Sponsor Recognition, the City and Sponsor shall reasonably determine whether any portion of a monetary contribution should be refunded based upon benefits already provided and costs reasonably incurred or committed by the City. Except as expressly provided in this paragraph or otherwise agreed in writing, Sponsorship contributions are nonrefundable.

9. NO PARTNERSHIP OR AGENCY. Nothing in this Agreement creates a partnership, joint venture, employment relationship, fiduciary relationship, or agency between the City and Sponsor.

Neither party has authority to bind the other except as expressly provided in this Agreement.

10. GENERAL PROVISIONS. This Agreement constitutes the entire agreement between the parties concerning this Sponsorship and may be modified only by a writing signed by authorized representatives of both parties. Sponsor may not assign this Agreement or the benefits provided under it without the City’s prior written consent. This Agreement shall be governed by the laws of

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 734 of 2236 20 the State of California. Any action arising from this Agreement shall be brought in a court of competent jurisdiction in Riverside County, California. Each individual signing this Agreement represents that they are authorized to execute it on behalf of the party identified below. The City makes no representation regarding whether the Sponsorship is deductible for federal or state tax purposes.

CITY OF INDIO
_______________________________________

CITY MANAGER
APPROVED AS TO FORM:
_______________________________________

CITY ATTORNEY

SPONSOR
_______________________________________
(Name of Sponsor)
By: ____________________________________
Name: __________________________________
Title: ___________________________________

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 735 of 2236 1 RESOLUTION NO. 10606

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

ADOPTING A CITYWIDE SPONSORSHIP ACCEPTANCE AND RECOGNITION

POLICY, APPROVING A FORM SHORT-FORM SPONSORSHIP AGREEMENT,

AND DELEGATING AUTHORITY TO THE CITY MANAGER TO ACCEPT AND

DOCUMENT SPONSORSHIPS
WHEREAS, the City hosts, produces, supports, and provides municipal services in connection with a substantial number of events, programs, facilities, and community activities each year, and businesses, federally recognized Indian tribes and tribal enterprises, nonprofit organizations, governmental entities, educational institutions, individuals, and other organizations regularly offer monetary and in-kind support for those activities; and
WHEREAS, the City does not presently have uniform Citywide standards governing the solicitation, acceptance, documentation, and acknowledgment of sponsorships received by the City, and the absence of such standards creates a risk of inconsistent treatment of similarly situated sponsors, inconsistent recognition practices, and uncertainty regarding the authority of City staff to commit the City; and
WHEREAS, the City Council has previously established by resolution the City’s Community Grants and Sponsorship Program, which governs monetary assistance and sponsorships provided by the City to outside organizations, and the policy adopted by this Resolution addresses the converse circumstance of sponsorships received by the City; and
WHEREAS, sponsor recognition provided under the policy will appear on or through City property, City facilities, City publications, City websites and social media accounts, City events, and other City-controlled communications, and the City Council desires to establish uniform, objective, and viewpoint-neutral standards governing such recognition; and
WHEREAS, the City Council does not intend, by adopting this Resolution or the policy approved hereby, or by accepting any sponsorship, to designate or open any City property, facility, publication, website, social media account, event, or other City-controlled communication as a public forum or as a designated public forum for private expressive activity or commercial advertising, and the City intends to retain at all times complete editorial and operational control over the content, form, wording, design, placement, size, location, frequency, duration, and manner of all sponsor recognition; and
WHEREAS, the City Council finds that the sponsor eligibility and content standards set forth in the policy are reasonable in light of the purposes served by the City activities to which sponsor recognition attaches, are not directed at the suppression of any viewpoint, and are necessary to preserve the governmental character of City property and City communications, to avoid actual or apparent City

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 736 of 2236 2 endorsement of private products, services, or views, to protect the City’s ability to carry out its governmental responsibilities objectively and independently, and to ensure that recognition remains appropriate to the nature and audience of the City activity involved, including activities principally intended for children and youth; and WHEREAS, the City Council recognizes the significant governmental, cultural, economic, and community relationships between the City and tribal governments and tribal enterprises in the Coachella Valley, and finds that no prospective sponsor should be deemed ineligible merely because it is a federally recognized Indian tribe, a tribally owned or affiliated enterprise, or an entity engaged in lawful gaming, hospitality, entertainment, or related activities; and
WHEREAS, this Resolution was considered at a duly noticed regular meeting of the City Council at which all interested persons were given an opportunity to be heard.

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

Section 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by reference as findings of the City Council.

Section 2. Adoption of Policy. The City Council hereby adopts the “City of Indio Sponsorship Acceptance and Recognition Policy,” attached hereto as Exhibit A and incorporated herein by this reference (the “Policy”). The Policy shall take effect on the effective date of this Resolution and shall remain in effect until amended or repealed by the City Council.

Section 3. Citywide Application. The Policy applies Citywide to sponsorships received by any City department, division, office, program, event, facility, or Citycontrolled activity. As to the offices of the elected City Clerk and the elected City Treasurer, which are not subject to the direction and control of the City Manager under sections 31.51(B), (C), and (D) of the Indio Municipal Code, the Policy applies by direction of the City Council, and references in the Policy to review or approval by the City Manager shall be read as references to review or approval by the elected officer for sponsorships received by that officer’s office.

Section 4. Approval of Form Agreement. The City Council hereby approves the form Short-Form Sponsorship Agreement attached hereto as Exhibit B and incorporated herein by this reference (the “Form Agreement”) as a City-approved form for purposes of Section 9 of the Policy. The City Attorney is authorized to make non-substantive revisions to the Form Agreement from time to time to conform it to changes in law, to correct errors, or to complete blanks, provided that any revision that materially alters the allocation of risk or the substantive rights and obligations of the parties shall be presented to the City Council.

Section 5. Delegation of Authority to Accept and Document Sponsorships.

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 737 of 2236 3 (a) Grant of authority. Pursuant to Government Code sections 37354, 37355, and 40602, and sections 31.51(N) and 31.51(P) of the Indio Municipal Code, the City Council hereby authorizes and delegates to the City Manager, and to such person as the City Manager may designate in writing, the authority to accept monetary and in-kind sponsorships on behalf of the City and to execute sponsorship agreements in substantially the form of the Form Agreement, subject to the Policy and to the limitations set forth in subsections (b) and (c) below.
(b) Threshold. The delegation set forth in subsection (a) extends to sponsorships from a single Sponsor, together with its affiliates, having an aggregate value, monetary and in-kind contributions combined, of not more than seventy-five thousand dollars ($75,000) in any fiscal year, consistent with the City Council award threshold established by section 33.116(C)(3) of the Indio Municipal Code. A Sponsorship exceeding that threshold requires City Council approval. Sponsorships shall not be divided or structured in separate transactions for the purpose of avoiding this threshold. (c) Matters reserved to the City Council. Notwithstanding subsection (a), City Council approval shall be obtained for any Sponsorship that:
(1) exceeds the threshold established by subsection (b); (2) has a term, including any renewal or extension option exercisable by the Sponsor, extending beyond three (3) years or beyond the end of the second full fiscal year following the fiscal year in which the Sponsorship is accepted, whichever occurs first;
(3) grants permanent or long-term Naming Rights for a City-owned building, park, facility, significant public space, or other City asset; (4) conveys any interest in City real property, or grants a right of exclusive or preferential use or occupancy of City property beyond the duration of a single event;
(5) grants category exclusivity, or an exclusive or preferential right to sell or provide goods or services at a City facility, for a period exceeding a single event;
(6) requires an appropriation, expenditure, fee waiver, or in-kind commitment of City resources not otherwise authorized in the adopted budget or by prior City Council action;
(7) is documented other than on the Form Agreement and, in the determination of the City Attorney, presents material legal issues warranting City Council consideration;
(8) is required by law, by the Indio Municipal Code, or by another City

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 738 of 2236 4 policy to be approved by the City Council; or
(9) the City Manager determines, in the City Manager’s discretion, warrants City Council consideration by reason of its nature, duration, public prominence, or policy implications.
(d) Limits on delegation. Nothing in this Resolution authorizes the City Manager or any other City officer or employee to waive any fee, tax, or charge; to dispose of or encumber City property; to make any procurement commitment; to grant any permit, license, entitlement, or regulatory approval; or to incur any obligation that otherwise requires City Council approval under the Indio Municipal Code, another City policy, the adopted budget, or applicable law. The Policy does not independently authorize any such action. (e) Discretion to decline. Nothing in this Resolution or the Policy creates any right or entitlement to sponsor a City event, program, service, facility, or activity, or to have any Sponsorship accepted, renewed, or continued. The City retains full discretion to decline, condition, modify, suspend, or terminate any Sponsorship as provided in the Policy.

Section 6. City Attorney Review. Nonstandard agreements, significant exclusivity arrangements, unusual use of City property or City intellectual property, and other Sponsorships presenting material legal issues shall be referred to the City Attorney’s Office for review prior to execution. All sponsorship agreements executed pursuant to the authority delegated by Section 5 shall be approved as to form by the City Attorney or the City Attorney’s designee.

Section 7. Relationship to Other City Policies and to Reporting Obligations.
(a) Nothing in the Policy amends, supersedes, or limits Resolution No. 10128 or the ticket and pass distribution policy adopted thereby. Any distribution of tickets or passes received or controlled by the City in connection with a Sponsorship to, or at the behest of, a City Official shall comply with Resolution No. 10128 and FPPC Regulation 18944.1, including the reporting and posting requirements applicable to FPPC Form 802.
(b) Nothing in the Policy relieves any elected officer of the City of any obligation to report behested payments under Government Code section 84224 and FPPC Form 803, or of any other obligation arising under the Political Reform Act, the Levine Act (Gov. Code, § 84308), Government Code section 1090, or the City’s Conflict of Interest Code.
(c) The Policy does not govern gifts or donations received by the City for which the donor receives no material recognition or other contractual benefit. Such gifts and donations shall
continue to be processed in accordance with the City’s applicable gift and donation acceptance policies and Government Code section 37354.

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 739 of 2236 5 (d) The Policy does not govern grants, sponsorships, or other financial assistance provided by the City to outside organizations, which remain governed by the City’s Community Grants and Sponsorship Program and the resolutions adopting and amending that program.

Section 8. Financial Administration. Monetary Sponsorships shall be received, receipted, and accounted for through the City’s established financial procedures and deposited into an appropriate City account as directed by the Finance Director. No City officer or employee shall personally receive or retain Sponsorship funds. Sponsorship funds shall be expended only in accordance with the adopted budget or a subsequent appropriation approved by the City Council. The reasonable value of In-Kind Sponsorships shall be determined by the City as provided in the Policy for administrative, accounting, and reporting purposes.

Section 9. Implementing Procedures. The City Manager is directed to establish, and to revise from time to time as necessary, administrative procedures implementing the Policy, which may address intake and routing of proposals, review responsibilities, due diligence, valuation methodology for In-Kind Sponsorships, standard sponsorship levels and packages, recognition standards and design specifications, insurance and risk-management requirements, and recordkeeping.

Such procedures shall be consistent with the Policy and with this Resolution and shall not modify, expand, or limit either.

Section 10. Severability. If any provision of this Resolution or of the Policy, or the application of any such provision to any person or circumstance, is held invalid by a court of competent jurisdiction, the remaining provisions and the application of such provisions to other persons or circumstances shall not be affected. The City Council declares that it would have adopted this Resolution and each provision of the Policy irrespective of the invalidity of any other provision.

Section 11. Effective Date. This Resolution shall take effect immediately upon its adoption.

Section 12. Certification. The City Clerk shall certify to the adoption of this Resolution and shall cause the Policy to be posted on the City’s website and made available to the public.

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Resolution No. 10606, establishing a Citywide Sponsorship Acceptance and... Page 740 of 2236 City of Indio
City Council
September 16, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Ruby D. Walla, Director of Finance
Subject: Receive presentation and obtain City Council direction to regarding the evaluation of the Annual Regulatory Fee for Cost Recovery pursuant to Ordinance No. 1780, Section 123.36.

RECOMMENDATION:

Staff recommends that the City Council receive the staff presentation on the current fees associated with cannabis activities and provide direction to evaluate the annual regulatory cannabis fee, with a focus on determining whether a fee reduction is appropriate based on updated cost information and the cost-recovery requirements specified in Ordinance No. 1780, Section 123.36.

SUMMARY:

Staff to provide a presentation on the current approved fees for the City of Indio’s Cannabis Business Permit Program and information to assist the City Council in determining whether the current fee structure continues to meet the cost-recovery requirements set forth in Ordinance No. 1780, Section 123.36. The Ordinance authorizes the City Council to establish, and amend from time to time, all fees and charges associated with the operation of cannabis activities. Initial review of the program’s operational and administrative costs indicates a potential opportunity to reduce the annual regulatory fee. Staff therefore recommends that the evaluation focus on determining whether the annual regulatory fee and other cannabis program fees remain aligned with actual permitting, administrative, compliance monitoring, and enforcement costs. Upon receiving Council direction, staff will conduct a comprehensive cost-recovery analysis of all cannabis program fees and return to the City Council with findings and any recommended adjustments.

BACKGROUND INFORMATION:

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

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

On May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis NonStorefront Retailer Businesses in commercial land use districts except for the neighborhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as AGENDA ITEM #11.2
Receive presentation and obtain City Council direction to regarding the ... Page 741 of 2236 neighborhood commercial; amending the subchapter entitled Cannabis Activity (159.565 et. seq.) The City Council also adopted Ordinance No. 1780 adding a new Chapter 123 entitled cannabis business activities to Title XI, Business Regulations, of the Indio Municipal Code to regulate commercial cannabis uses in the city.

On August 17, 2022, the City Council adopted Resolution No. 10315, establishing a fee schedule for the administration of the City of Indio Cannabis Storefront Retail Business Permit Program.

Fee Description Fee Amount
Annual Regulatory Fee for Cannabis Retail Storefront Business Permit Recipients $23,082.70
Application Fee for Cannabis Retail Storefront Retail Businesses $10,856.00 Appeal Fee $3,632.58
Application Renewal Fee $260.40
Background Investigation (Owner/Manager) $310.42
Background Investigation Renewal (Owner/Manager) $103.64 The adopted fee schedule for the administration of the City's Cannabis Business Permit Program is reasonable and appropriate, as the fees are structured to recover the City's actual costs associated with permitting, compliance monitoring, and related administrative services necessary to administer the program.

The first approved operator commenced operations in the second quarter of 2024 (April-June). As operators began transacting business staff was in the process of developing the renewal process.

Due to varying operational elements and staffing transitions within the Community Development Department, the renewal framework was not finalized until early 2026. As a result the annual regulatory fee was not collected following the initial application phase, nor was it applied retroactively.

In addition to the fees established by resolution, permitted operators are required to make quarterly Community Benefit Payments to the City equal to 6% of gross receipts for the quarter, in accordance with Section 3 of the Commercial Cannabis Community Benefits and Neighborhood Compatibility Agreement. Furthermore, under Section 5 of the Agreement, each permitted operator must provide an additional annual Community Benefit Payment equal to 1% of gross receipts to nonprofits and civic organizations that primarily operate or provide services within the City of Indio.

ALTERNATIVES:
1) Maintain existing fees without further evaluation
APPROVAL(S):

Ruby D. Walla, Director of Finance Approved - 08 Sep 2026 Steven Graham Pacifico, City Attorney Approved - 10 Sep 2026 Jonathan Nicks, City Manager Approved - 11 Sep 2026

Receive presentation and obtain City Council direction to regarding the ... Page 742 of 2236 City of Indio
City Council
September 16, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Steven Graham Pacifico, City Attorney
Subject: Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Urgency Ordinances, Each Effective Immediately Upon a Four-Fifths Vote Relating to Accessory Massage and Massage Establishments and Tattoo, Body Art, and Piercing Establishments
RECOMMENDATION:
1) Adopt two interim urgency ordinances. Each of the following ordinances requires the affirmative vote of at least four-fifths of the City Council, and each takes effect and is in force immediately upon adoption pursuant to Government Code section 36937(b): a. Interim Urgency Ordinance No. 1848, amending Chapter 4.18, Article 2, and Article 7 of Title 17 (Unified Development Code) and Chapter 115 of Title 11 (Massage Regulations) of the Indio Municipal Code relating to accessory massage and massage establishments, and declaring the urgency thereof (Attachment 1); and b. Interim Urgency Ordinance No. 1849, amending Chapter 4.25 of Article 4, Table 2.03.02-1 of Article 2, and Section 7.01.02 of Article 7 of Title 17 (Unified Development Code) of the Indio Municipal Code relating to tattoo, body art, and piercing establishments, and declaring the urgency thereof (Attachment 2).
2) Initiate permanent amendments to Title 17. Initiate amendments to Title 17 relating to accessory massage and to tattoo, body art, and piercing establishments, and direct the Community Development Director to set both matters for public hearing before the Planning Commission at the next convenient meeting for which notice can lawfully be given. 3) Direct staff to return to the City Council with the Planning Commission's recommendation and the permanent regulations on both subjects.

SUMMARY:

The City Council is asked to take three actions this evening. First, the Council is asked to adopt two interim urgency ordinances, one addressing accessory massage and massage establishments, and one addressing tattoo, body art, and piercing establishments. Each requires a four-fifths vote and takes effect immediately upon adoption, so that the standards described in this report apply from tonight forward. Second, the Council is asked to initiate permanent amendments to Title 17 on both subjects by motion and to direct the Community Development Director to set both matters for public hearing before the Planning Commission at the earliest convenient date for which notice can lawfully be given. Third, the Council is asked to direct staff to return with the Planning Commission's recommendation and the permanent regulations. The interim standards remain in effect while that process runs.

AGENDA ITEM #11.3
Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Ur... Page 743 of 2236 BACKGROUND INFORMATION:

This item was placed on the agenda consistent with the City Council Protocols at the direction of Mayor Elaine Holmes. Our office had begun drafting these revisions after the last Council meeting.

The Mayor determined that the changes described in this report are significant and that delay in bringing them before the City Council was unnecessary.

1. What the two ordinances do.

Accessory massage (Attachment 1). The Unified Development Code presently allows massage to be offered as an accessory service only in conjunction with a physician, surgeon, chiropractor, osteopath, or physical therapist practice. A day spa, a beauty salon, an esthetician or cosmetology business, a health club or fitness center, a yoga or Pilates studio, a hotel, or a golf or country club therefore cannot offer massage as one part of a broader service program. The first ordinance replaces the medical-practice limitation with a defined list of qualifying primary uses that includes each of those businesses, and distinguishes a business offering massage as a subordinate service from one whose principal activity is massage by objective, measurable criteria rather than by a judgment about whether a business is legitimate. Those criteria are that the qualifying primary use remain the primary use; that at least one qualifying non-massage service be available during every hour massage is offered; that massage occupy no more than twenty-five percent of the gross floor area and no more than forty percent of the treatment rooms, in no event more than four; that there be no separate exterior entrance, operator, lease, or hours for massage; and that signage identifying massage remain subordinate. A business that fails any criterion is a stand-alone massage establishment for all purposes under the Code. The ordinance also creates a new accessory massage registration at Section 115.13, issued ministerially within thirty days of a complete application, with express authority to suspend or revoke and a one-year bar on reapplication at the same address; conforms Chapter 115 to the current allocation of state and local authority by replacing the City's massage therapist permit with the state certification administered by the California Massage Therapy Council; and requires the human trafficking notice prescribed by Civil Code section 52.6.

Tattoo, body art, and piercing (Attachment 2). The second ordinance permits tattoo, body art, and piercing establishments by right in the same zones in which comparable personal service uses are permitted, removing the Administrative Use Permit that Table 2.03.02-1 now requires. It replaces the existing set of separation requirements, which measure from a list of other uses and from residential zones, with a single five-hundred-foot separation between establishments of the same use classification, measured in a straight line from primary public entrance to primary public entrance.

That separation is subject to a modification the Director must grant on any one of four objective showings, with a thirty-day decision deadline, written reasons for any denial, an appeal to the Planning Commission, and an express limitation barring application of the separation so as to prevent the use from being established in the City. The ordinance retains and strengthens the health and safety standards by tying them directly to the California Safe Body Art Act and to the Riverside County Department of Environmental Health, the local enforcement agency for body art in the County. It adds objective operational standards governing hours, window transparency, signage, entrance lighting, alcoholic beverages, sterilization and sharps handling, facility layout, verification of a client's age by government-issued photographic identification, and required postings. Review is by ministerial zoning clearance, with a thirty-day decision deadline, written reasons for any denial, and a defined appeal.

2. Why the two subjects are before the Council together, and why as two ordinances.

Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Ur... Page 744 of 2236 Both subjects involve personal service uses in the City's commercial and mixed-use zones, and in both the City's land use standards operate alongside a state regulatory program administered by another agency, the California Massage Therapy Council for massage professionals, and the Riverside County Department of Environmental Health for body art facilities. The City Council has determined to review and update both sets of standards, and presenting them together allows one Planning Commission hearing cycle and one return to the Council rather than two.

They are presented as two ordinances rather than one because they reach different parts of the Municipal Code and rest on different findings. The accessory massage ordinance amends both Title 17 and Chapter 115 of Title 11; the tattoo, body art, and piercing ordinance is confined to Title 17.

Two ordinances allow the Council to vote on each subject on its own terms, produce a separate and complete record for each, and keep the permanent amendments on two independently calendared paths.

3. The interim urgency ordinances.

Government Code section 36937(b) provides that an ordinance adopted for the immediate preservation of the public peace, health, or safety takes effect immediately, if the City Council declares the facts constituting the urgency and adopts the ordinance by at least a four-fifths vote.

Each ordinance states those facts in its final section.

Facts constituting the urgency for accessory massage. The registration created at Section 115.13 gives the City authority to suspend or revoke the authorization of a business providing massage and to bar reapplication at the same address for one year. The City does not presently have that tool, and the Council finds that unlawful activity, including prostitution and human trafficking, has historically been associated with a subset of establishments whose principal business is massage.

The notice required by Civil Code section 52.6 exists to reach victims and those who encounter them, and should be posted and enforceable at the earliest date. The provisions governing the securing of exterior doors by a sole operator working alone, and the mandatory viewing opening in treatment room doors, bear directly on the personal safety of practitioners and on the bodily privacy of partially unclothed clients. Immediate cessation of the collection of fingerprints, photographs, criminal history information, and physician's certificates from state certificate holders, and the purging of that information, serve the privacy of the individuals concerned. Finally, prompt effectiveness conserves public funds available for other public purposes.

Facts constituting the urgency for tattoo, body art, and piercing. The Municipal Code does not presently impose local standards governing sterilization of instruments, handling and disposal of sharps waste, separation of the decontamination area from the procedure area, alcoholic beverages on the premises, or verification of a client's age by government-issued photographic identification.

The ordinance imposes each of those requirements and makes each enforceable by the City under Chapter 6.08. Establishments of this type operate in the City now, and the Council finds that a thirtyday delay would leave the public receiving services at them without the protection of those standards for no corresponding benefit. A thirty-day delay would also allow new establishments to be sited during that period without regard to the separation the ordinance adopts, and that could not afterward be undone. The Council further finds that operators and staff should not be required to proceed under standards the Council has determined to change, and that the resulting uncertainty harms the orderly administration of the Code. Prompt effectiveness also conserves public funds.

Transition. Each ordinance gives existing businesses one hundred eighty days to come into compliance with its operational requirements. A business lawfully providing massage on the effective date may continue to operate pending action on a timely and complete registration

Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Ur... Page 745 of 2236 application, and no tattoo, body art, or piercing establishment lawfully operating on that date is made nonconforming by reason of its location. Each ordinance also allows an application refused before the effective date on grounds the ordinance changes to be resubmitted within twelve months without a second application fee; that provision addresses the fee only and creates no entitlement to approval.

4. The permanent regulations.

The second and third recommended actions begin the process for the permanent regulations.

Initiation by motion under Section 6.06.01(D) places both subjects before the Planning Commission, which will hold a noticed public hearing on each and make its recommendation. Staff will then return to the City Council with those recommendations and the permanent regulations.

ATTACHMENTS:

Attachment 1 - IndioAccessoryMassageUrgencyOrdinance_spv1 Attachment 2 - IndioTattooBodyArtUrgencyOrdinance_spv1
APPROVAL(S):

Jonathan Nicks, City Manager Approved - 11 Sep 2026

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ORDINANCE NO. 1848

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF INDIO, CALIFORNIA, AMENDING
CHAPTER 4.18, ARTICLE 2, AND ARTICLE 7 OF TITLE
17 (UNIFIED DEVELOPMENT CODE) AND CHAPTER 115
OF TITLE 11 (MASSAGE REGULATIONS) OF THE INDIO

MUNICIPAL CODE RELATING TO ACCESSORY

MASSAGE AND MASSAGE ESTABLISHMENTS, AND

DECLARING THE URGENCY THEREOF TO TAKE

EFFECT IMMEDIATELY
WHEREAS, the City of Indio possesses the police power conferred by Article XI, section 7 of the California Constitution to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Government Code sections 37100 and 51030 et seq., and Business and Professions Code sections 16000 and 16100, further recognize the City's authority to regulate lawful massage businesses, including by zoning, business licensing, and reasonable health and safety requirements; and
WHEREAS, Government Code section 65850(a) authorizes the City to adopt ordinances regulating the use of buildings, structures, and land, and Government Code sections 65853 through 65857 prescribe the procedure for amending a zoning ordinance that removes or modifies a regulation listed in section 65850; and WHEREAS, Government Code section 36937(b) authorizes the City Council to adopt, by a four-fifths vote and upon a declaration of the facts constituting the urgency, an ordinance for the immediate preservation of the public peace, health, or safety, which takes effect immediately; and
WHEREAS, the Massage Therapy Act, Business and Professions Code sections 4600 through 4621, provides for the voluntary certification of massage professionals by the California Massage Therapy Council ("CAMTC"), and Business and Professions Code section 4600.5(b) declares the Legislature's intent that "broad control over land use in regulating massage establishments be vested in local governments so that they may manage those establishments in the best interests of the individual community," while the requirements and practice of the profession remain a matter of statewide concern; and
WHEREAS, Business and Professions Code section 4600.5(b) further provides that local governments "should give strong consideration to establishing a registration

Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Ur... Page 747 of 2236

program that grants local governments the ability to either suspend or revoke a registration of massage business for specific violations"; and WHEREAS, Business and Professions Code section 4612(a) and Government Code section 51034(b) each prohibit a city from enacting or enforcing an ordinance that conflicts with the Massage Therapy Act or with Government Code section 51034, and Government Code section 51034(c) enumerates specific requirements a city is not authorized to impose, including defining or regulating a massage establishment as an adult entertainment business, requiring a shower or bath, requiring internal physical structures that interfere with a client's reasonable expectation of privacy, prohibiting a sole-operator establishment from locking its external doors, requiring a certificate holder to submit to a medical examination or criminal background check, and requiring a certificate holder to obtain a separate local license or permit to provide massage for compensation; and
WHEREAS, Chapter 115 of Title 11 of the Indio Municipal Code was adopted by Ordinance No. 1453 on December 7, 2005, and the Legislature has since enacted the Massage Therapy Act by Senate Bill 731 (Stats. 2008, ch. 384), substantially revised the allocation of state and local authority by Assembly Bill 1147 (Stats. 2014, ch. 406), and further amended that allocation and the Act by Assembly Bill 2194 (Stats. 2016, ch. 411), Assembly Bill 1451 (Stats. 2024, ch. 481), and Assembly Bill 1504 (Stats. 2025, ch. 197); and
WHEREAS, the City Council has determined to review and update Chapter 115 of Title 11 and Chapter 4.18 of Title 17 in light of those enactments, and desires that the City's regulation of massage conform to the current allocation of state and local authority and be directed toward the land use, health, safety, and operational characteristics of the use; and
WHEREAS, Civil Code section 52.6 requires businesses and establishments that offer massage or bodywork services for compensation to post a notice containing information relating to slavery and human trafficking in the manner, size, and languages that section prescribes; and
WHEREAS, Section 4.18.02(A) of the Unified Development Code allows accessory massage only in conjunction with an approved physician, surgeon, chiropractor, osteopath, or physical therapist medical practice, with the result that bona fide day spas, esthetician and cosmetology businesses, beauty salons, wellness establishments, health and fitness facilities, hotels, and resorts may not offer massage as a subordinate component of a broader personal-care or wellness program; and WHEREAS, the City Council finds that a business whose principal activity is a lawful personal-care, wellness, medical, lodging, or fitness service is materially different in its land use characteristics and in its risk profile from an establishment whose principal

Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Ur... Page 748 of 2236

business is massage, and that the two can be reliably distinguished by objective criteria, the continuous availability of a qualifying non-massage service, the proportion of gross floor area devoted to massage, and the proportion of treatment rooms devoted to massage, rather than by subjective judgments about whether a business is "legitimate" or "established"; and
WHEREAS, the City Council further finds that objective criteria of this kind are more readily and more evenly enforced by City staff, are less susceptible to challenge as arbitrary or as an unconstitutional delegation of discretion, and give day spas and similar businesses meaningful operational flexibility while preserving a clear line against establishments whose principal business is massage; and WHEREAS, the City Council finds that unlawful activity, including prostitution and human trafficking, has historically been associated with a subset of establishments whose principal business is massage, that the City has previously been required to abate at least one business that presented itself as a day spa and proved to be operating solely as a massage establishment, and that the standards adopted by this Ordinance, together with the registration, inspection, suspension, and revocation authority it confers, bear a reasonable and rational relationship to the City's interest in preventing such activity; and
WHEREAS, the City Council further finds that the accessory massage registration created by § 115.13 of this Ordinance, with express authority to suspend and revoke and a one-year bar on reapplication at the same address, is the registration program that Business and Professions Code section 4600.5(b) encourages local governments to establish, and that the City does not presently possess that enforcement tool; and WHEREAS, the City Council further finds that the standards adopted by this Ordinance are objective and generally applicable, that they apply uniformly to every business providing accessory massage and to every massage therapy establishment in every zone in which the use is allowed, that no provision of this Ordinance was drafted with reference to any particular parcel, applicant, or business, and that this Ordinance confers no entitlement on any applicant and guarantees no particular outcome at any particular location; and
WHEREAS, the City Council further finds, in accordance with Section 6.06.01(I) of the Unified Development Code, that the amendments to Title 17 effected by this Ordinance are consistent with the General Plan, are internally consistent with other applicable provisions of the Code, will promote the growth of the City in an orderly manner and promote and protect the public health, safety, peace, comfort, and general welfare, and are in compliance with the California Environmental Quality Act; and

Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Ur... Page 749 of 2236

WHEREAS, the City Council further finds that nothing in this Ordinance is intended to permit, and this Ordinance shall not be construed to permit, any use, conduct, or activity that violates any federal, state, or local law.

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

SECTION 1. Incorporation of Recitals and Findings.

The Recitals above are true and correct and are incorporated into this Ordinance as findings of the City Council.

SECTION 2. Amendment of Chapter 4.18 of Article 4 of Title 17 (Unified Development Code).

Chapter 4.18 of Article 4 of Title 17 of the Indio Municipal Code is amended and restated to read as follows:

CHAPTER 4.18 MASSAGE ESTABLISHMENT (ACCESSORY) ACCESSORY

MASSAGE
§ 4.18.01 Purpose and Applicability.

The purpose of this Chapter is to establish specific standards for massage establishments (accessory) provided in conjunction with other specific services and medical usesaccessory massage provided in conjunction with a qualifying primary use.

The development standards of this Chapter shall apply to all massage establishments (accessory)accessory massage in the city.

It is the intent of the City Council to allow bona fide medical, personal care, wellness, fitness, and lodging businesses to offer massage as a clearly subordinate component of a broader service program, and to distinguish those businesses from establishments whose principal business is massage by objective, measurable criteria rather than by subjective characterizations of a business as legitimate, established, or reputable. § 4.18.02 Standards.

A. Massage establishments (accessory) are only allowed as an accessory use in conjunction with an approved physician, surgeon, chiropractor, osteopath, or physical therapist medical practice, when allowed in the zone where the primary use is allowed.

A. Qualifying Primary Uses. Accessory massage is allowed only as an accessory use in conjunction with, and on the same premises as, one or more of the following qualifying primary uses, and only in a zone in which the qualifying primary use is itself allowed:

1. Medical Services, Medical/Dental/Holistic/Clinic, including the practice of a physician, surgeon, chiropractor, osteopath, acupuncturist, podiatrist,

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naturopathic doctor, physical therapist, or occupational therapist licensed under Division 2 of the Business and Professions Code;

2. Medical Services, Extended Care, and Hospital;

3. Personal Services, limited to establishments holding a current establishment license issued by the California Board of Barbering and Cosmetology, or otherwise lawfully operating as a barbering, cosmetology, esthetician, electrology, or nail care establishment;

4. Day Spa, as defined in Article 7 (Definitions);

5. Commercial Recreation and Sports, Indoor, limited to health clubs, athletic clubs, and physical fitness centers;

6. Instructional Services, limited to yoga, Pilates, dance, martial arts, and similar movement or physical conditioning instruction studios;

7. Lodging Hotels, Lodging Extended Stay, and Lodging Timeshares; and

8. Commercial Recreation and Sports, Outdoor and Parks and Recreation Facility, limited to golf clubs, country clubs, and tennis and racquet clubs.

B. Objective Accessory-Use Criteria. Accessory massage shall satisfy each of the following criteria at all times. Failure to satisfy any criterion shall be grounds for revocation of the accessory massage registration under § 115.13 of this Code and for enforcement under Chapter 6.08 (Enforcement and Abatement).

1. Primary use predominates. The qualifying primary use shall be and remain the primary use of the premises. The operator shall at all times hold a current City business license identifying the qualifying primary use as the business activity.

2. Continuous non-massage service. At least one qualifying non-massage service within the qualifying primary use classification shall be offered and available to the public during all hours in which massage is offered or provided.

3. Gross floor area. The aggregate floor area of all rooms and areas in which massage is administered, including any dedicated changing, relaxation, or preparation area serving those rooms, shall not exceed twenty-five percent (25%) of the gross floor area of the premises occupied by the qualifying primary use. Restrooms, corridors, reception areas, retail areas, storage, and mechanical space shall be excluded from the numerator.

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4. Treatment rooms. The number of rooms in which massage is administered shall not exceed forty percent (40%) of the total number of treatment rooms on the premises, and in no event shall exceed four (4) rooms.

5. Shared entrance and reception. There shall be no exterior entrance dedicated exclusively to the massage component of the business. All patrons shall enter through, and be received in, the reception or waiting area serving the qualifying primary use.

6. No independent operation. Massage shall not be offered, scheduled, or provided at any time the qualifying primary use is closed to the public, and shall not be provided from a portion of the premises that is separately leased, separately licensed, or operated by a different person or entity than the qualifying primary use.

7. Signage. Neither the word "massage" nor any variant, translation, or pictorial representation of massage shall constitute more than twenty-five percent (25%) of the copy area of any sign, window sign, or exterior display, nor shall it be the most prominent element of any such sign or display. This paragraph is a standard of subordination and does not authorize the City to prohibit truthful identification of lawfully offered services.

8. Advertising. No advertising shall be placed, published, or distributed in violation of Business and Professions Code section 4609(a)(1)(A).

9. Residency prohibited. No portion of the premises shall be used or maintained as sleeping or living quarters.

B. C. Massage establishments (accessory) shall comply with the regulations set forth in Chapter 115 (Massage Regulations) of the Indio Municipal Code.Accessory massage shall comply with Chapter 115 (Massage Regulations) of Title 11 of this Code, including the accessory massage registration required by § 115.13. Sections 115.04 (Location), 115.06 (Other applicable requirements), and 115.20 through 115.29 (Massage Therapy Establishment Permits) shall not apply to accessory massage.

C. D. Massage services shall only be administered by licensed or CAMTC certified massage therapists or certified massage practitionerspersons holding a current and valid certificate issued by the California Massage Therapy Council pursuant to Business and Professions Code section 4600 et seq., or by persons exempt under § 115.63 of this Code.

D. E. Hours of operation of massage establishments (accessory)accessory massage shall be limited from 7:00 a.m. to 7:00 p.m., dailyto the hours during which the qualifying primary use is open to the public, and in no event shall massage be offered or provided between 10:00 p.m. and 7:00 a.m.

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F. Loss of Accessory Status. Any business that fails to satisfy the criteria of Subsection B, or that offers massage in conjunction with a use not listed in Subsection A, is a Massage Establishment, Stand-Alone for all purposes under this Code, regardless of how the business describes or advertises itself, and is subject to the land use regulations applicable to that use classification and to Chapter 115 in full.

G. Verification. As a condition of registration and of continued operation, the operator shall maintain on the premises and produce upon request of the Director or the Police Chief: (1) a dimensioned floor plan identifying every treatment room and its use and square footage; (2) a current list of all persons providing massage on the premises, with CAMTC certificate numbers; and (3) the current City business license. Routine inspections shall be conducted during business hours and shall not occur more than twice per year absent a complaint, an observed violation, or a request from a law enforcement agency.

H. Consistency with State Law. Nothing in this Chapter authorizes the imposition of any requirement prohibited by Government Code section 51034(c) or Business and Professions Code section 4612. To the extent any provision of this Chapter is inconsistent with state law governing the practice of massage, the applicable state law shall govern.

SECTION 3. Amendment of Land Use Regulation Tables in Article 2 of Title 17.

Table 2.03.02-1 (Allowed Uses — Mixed-Use Zones) of § 2.03.02 and Table 2.04.02-1 (Allowed Uses — Non-Residential Zones) of § 2.04.02 are each amended by amending the row entitled "Massage Establishment, Accessory Use" under the heading "Retail, Service, and Office Uses" to read as set forth below. No other row of either table is amended. P = Permitted; AUP = Administrative Use Permit; CUP = Conditional Use Permit; A = Accessory Use; X = Not Permitted.

Table 2.03.02-1 (Mixed-Use Zones)
Use CN14CN20NC MUN MT Additional / Specific Use
Regulations
Massage
Establishment,
Accessory Use
Accessory
Massage
X X A A A See Chapter 4.18 (Massage
Establishment (Accessory)
Accessory Massage)
Registration required per IMC §
115.13

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Table 2.04.02-1 (Non-Residential Zones)
Use IL IH RC RR Additional / Specific Use
Regulations
Massage
Establishment,
Accessory Use
Accessory
Massage
A X A X See Chapter 4.18 (Massage
Establishment (Accessory)
Accessory Massage) Registration
required per IMC § 115.13
SECTION 4. Amendment of § 7.01.02 (Terms) of Article 7 of Title 17.

Subsection D ("D" Terms) of § 7.01.02 is amended by adding the following definition in alphabetical order:

DAY SPA — An establishment offering a combination of non-medical personal care and wellness services to the public on a walk-in or appointment basis, which may include facials, skin and body treatments, waxing, hair removal, hair care, nail care, cosmetology, esthetician services, hydrotherapy, sauna, and steam services, and which offers no overnight accommodations. A day spa is a Personal Services use for purposes of the land use regulation tables in Article 2. An establishment that offers massage but does not continuously offer at least one qualifying non-massage service is not a day spa.

Subsection M ("M" Terms) of § 7.01.02 is amended as follows:

MASSAGE ESTABLISHMENT, ACCESSORY USE ACCESSORY MASSAGE — An establishment offering massage services as an accessory use. Examples include massage chairs/services at shopping malls or in hotels.Massage administered for compensation on the premises of a qualifying primary use identified in § 4.18.02(A), where the massage component satisfies each of the objective accessory-use criteria of § 4.18.02(B). Accessory massage is not a separate primary use and does not require a Massage Therapy Establishment Permit under §§ 115.20 through 115.29 of this Code, but does require an accessory massage registration under § 115.13.

MASSAGE — The scientific manipulation of the soft tissues, as that term is used in Business and Professions Code section 4601, and any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus, and with or without supplementary aids such as oils, creams, lotions, or similar preparations commonly used in the practice, performed for compensation. "Massage," "massage therapy," and "bodywork" have the same meaning. Massage does not include contact with specified anatomical areas as defined in Chapter 115.

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MASSAGE ESTABLISHMENT, STAND-ALONE — Any establishment having a fixed place of business where any person engages in or carries on any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice Such establishment shall have health enhancement as part of its purpose.and that does not qualify as accessory massage under § 4.18.02. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist (State-licensed professions or vocations) who are duly State-licensed to practice their respective professions in the State of California and persons exempt under § 115.63 of this Code.

QUALIFYING PRIMARY USE — A land use identified in § 4.18.02(A) in conjunction with which accessory massage may be provided.

SECTION 5. Amendment of § 115.03 (Definitions) of Chapter 115 of Title 11.

Section 115.03 is amended by adding, amending, and deleting the following definitions.

All other definitions in § 115.03 remain unchanged.

ACCESSORY MASSAGE — Has the meaning given in Article 7 of Title 17 (Unified Development Code).

CAMTC — The California Massage Therapy Council established pursuant to Business and Professions Code section 4602, or its successor.

CAMTC CERTIFICATE HOLDER — A person holding a current and valid certificate issued by CAMTC pursuant to Business and Professions Code section 4600 et seq.

COMMUNICABLE DISEASE — Tuberculosis, or any disease, which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service.Any disease that may be transmitted from a massage therapist to a patron, or from a patron to a massage therapist, through physical contact during the performance of massage.

MASSAGE or MASSAGE THERAPY — Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity. "Massage" and "massage therapy" shall include

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such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar facilities. "Massage" and "massage therapy" shall be construed consistently with Business and Professions Code section 4601 and shall not be construed to reach any act or procedure within the professionally recognized scope of practice of a healing arts professional licensed under Division 2 of the Business and Professions Code.

MASSAGE THERAPY ESTABLISHMENT — Any establishment having a fixed place of business for the purpose of deriving income or compensation, in whole or in part, from massage therapy, whether or not massage is performed on the premises, excluding a business providing accessory massage in compliance with § 4.18.02 of Title 17 and § 115.13 of this chapter.

PHYSICIAN'S CERTIFICATE — A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has been, within 60 days prior to the filing date of the application, examined by said physician and it has been determined that the applicant is free of any communicable disease, as defined in this chapter.

RECOGNIZED SCHOOL OF MASSAGE — Any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. APPROVED SCHOOL — A school approved by CAMTC pursuant to Business and Professions Code section 4601(a) and section 4615.

QUALIFYING PRIMARY USE — Has the meaning given in Article 7 of Title 17 (Unified Development Code).

SECTION 6. Amendment of § 115.04 (Location) of Chapter 115 of Title 11. (A) No massage therapy establishment shall be established in the following locations:
(1) In any zone other than commercial zones;In any zone other than a zone in which the use is allowed by the land use regulation tables of Article 2 of Title 17 (Unified Development Code) or by an applicable specific plan; (2) Within 1,000 feet of any residential zone;
(3) Within 800 feet of any parcel of real property on which is located any of the following uses or facilities: (a) Church, defined herein as any facility used

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primarily for worship of any religion, or used for other religious purposes; (b) City, county, state, federal or other governmental public buildings, including but not limited to, city halls, libraries, police and fire stations and post offices; (c) Schools, public or private;
(4) (2) Within 1,000 feet of any other massage therapy establishment. (B) The measure of reference distance in this section shall be a straight line from the nearest property line containing the massage therapy establishment to the nearest property line of an affected use, without regard to intervening structures. (C) This section does not apply to accessory massage. A business providing accessory massage in compliance with § 4.18.02 of Title 17 and § 115.13 of this chapter is not subject to the separation requirement of subsection (A), and shall not be counted for purposes of applying that requirement to any other establishment. (D) A massage therapy establishment lawfully operating on the effective date of the ordinance adding this subsection that does not conform to subsection (A)(2) is a legal nonconforming use and is not required to relocate, but remains subject to all other provisions of this chapter and of Title 17.

SECTION 7. Amendment of § 115.06 (Other applicable requirements) of Chapter 115 of Title 11.

Section 115.06 is amended to read as follows:

In addition to the requirements of this chapter governing use and minimum development standards, and all other applicable requirements set forth in this chapter, the following additional requirements shall be met by massage therapy establishments. This section does not apply to accessory massage.
(A) The establishment shall have a separate business entrance adjacent to the required parking area and no other non-adult use shall be permitted in the same building space while used as a massage therapy establishment. (B) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and Building and Safety Division regulations and standards. (C) All building openings, entries, windows and the like shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building.The reception or waiting area of the establishment shall not be obscured from view from the primary building entrance. Nothing in this chapter shall be construed to require windows, walls that do not extend from floor to ceiling, or any other internal physical structure that interferes with a client's reasonable expectation of privacy.

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(D) Lighting in parking lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such establishment for the purpose of increasing the personal safety of patrons and reducing the incident of vandalism and theft.
(E) Amplified sound. No loudspeakers or sound equipment shall be used by a massage therapy establishment for amplification of sound to a level discernible by the public beyond the walls of the building in which the establishment is located.
(F) The building entrance to the establishment shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises. (G) Establishments shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or one or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals.
(H) No alcoholic beverages shall be sold or consumed at a massage therapy establishment or in any room in which massage is administered. This subsection does not prohibit the lawful sale or service of alcoholic beverages, under a valid license issued by the Department of Alcoholic Beverage Control and any permit required by this Code, in portions of a qualifying primary use other than rooms in which massage is administered.
(I) Human trafficking notice. Every massage therapy establishment and every business providing accessory massage shall post and maintain the notice required by Civil Code section 52.6 in the manner, size, and languages required by that section.

SECTION 8. Amendment of § 115.07 (Facility requirements) of Chapter 115 of Title

11. Section 115.07 is amended as follows. Subsections (B), (C), (E), (F), (K), (L), (M), (N), (P), and (Q) are not amended by this Ordinance and are omitted here. This section applies to accessory massage only as expressly provided in § 115.13(F). (A) No massage therapy establishment shall be open for business between the hours of 12:00 a.m.10:00 p.m. and 7:00 a.m.
(D) Maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the person administering such massage, and the type of massage given. Such records shall be made available, upon request, for inspection by the City Manager or Police Chief. The information contained in such records shall be confidential and shall be used solely for

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purposes of enforcing this chapter. Records shall be retained for twelve (12) months. Any unauthorized disclosure or use of information contained in such records by any officer or employee of the establishment is a violation of this chapter.
(G) All employees, including massage therapists, shall be clean and shall wear clean, nontransparent outer garments, covering their specified anatomical areas, the use of which garments is restricted to the massage therapy establishment. A separate dressing room for each gender must be available on the premises.

Each dressing room must provide individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.No dress code requirement shall be imposed on a CAMTC certificate holder in excess of those imposed by Business and Professions Code section 4609(a)(10). (H) Toilet facilities shall be provided in convenient locations. When employees and patrons of different genders are on the premises at the same time, separate toilet facilities shall be provided for each gender. A single water closet per gender shall be provided for each 20 or more employees or patrons of that gender on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the gender accommodated therein.The number, type, and designation of toilet facilities shall be as required by the California Building Code and Health and Safety Code section 118600. A permanently installed soap dispenser and single-service towel dispenser or hand dryer, and a trash receptacle, shall be provided at each restroom handwash sink.
(I) Provide a minimum of one bathtub or shower facility for the patrons. However, if male and female patrons are to be served simultaneously, separate facilities for each gender or facilities that may be locked by patrons shall be provided. Where baths, as defined herein, are provided, and both genders are to be served simultaneously, separate rooms or baths shall be provided for each gender. Hot and cold running water under pressure from a potable source shall be provided to all wash basins, bathtubs, showers and similar facilities. Each water basin shall be provided with soap or detergent and single service towels placed in permanently installed dispensers. A trash receptacle shall be provided in each room where such facilities are located. In addition to the wash basin provided for patrons, a minimum of one separate wash basin shall be located within or as close as practicable to each area in which massages are administered and baths are taken. Showers and bathing facilities may be provided at the operator's option and are not required.
(J) Maintain lighting intensity of not less than 70 foot candle power at floor level in any room or enclosure in all public rooms, hallways and within each room or

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enclosure where massages are administered.Each room in which massage is administered, and all public rooms and hallways, shall have lighting and ventilation complying with the California Building Code. Lighting shall be active in any room in which massage is administered at all times while a patron is present. (O) Provide a separate locker for each patron to be served, which locker shall be capable of being locked and available to each patron at no extra charge.Provide a secure place for each patron's personal belongings during a massage session. (R) It shall be unlawful for any massage to be carried on within any cubicle, room, booth, or any area within a massage therapy establishment which is fitted with a door capable of being locked. All doors or doorway coverings within a massage therapy establishment shall have an unobstructed opening six inches by six inches in size capable of clear two-way viewing into and out of all cubicles, rooms, or booths. The opening shall be not less than four and one-half feet from the floor of the establishment or more than five and one-half feet from the floor.No massage shall be administered in any room fitted with a permanently affixed lock of any kind, including a locking doorknob, deadbolt, padlock, sliding bar, or similar device, unless the only door to that room is an exterior door and the establishment is owned by a single individual with no employees or independent contractors. A temporary locking device may be used to secure a massage room where no staff is present outside the room, provided the device is not permanently affixed, is removed after each session, and every person in the room is able to exit freely at all times. All front, reception, hallway, and front exterior doors shall remain unlocked during business hours except as provided in this subsection. Nothing in this subsection shall be construed to require any window or other structure that interferes with a client's reasonable expectation of privacy.

Nothing contained herein shall be construed to eliminate other requirements of statute, ordinance or municipal code concerning the maintenance of premises, or to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the Police or Health Departments.

SECTION 9. Addition of § 115.13 (Accessory Massage Registration) to Chapter 115 of Title 11.

Chapter 115 is amended by adding § 115.13 to read as follows:
§ 115.13 Accessory massage registration.
(A) Registration required. No business shall provide accessory massage without first obtaining an accessory massage registration from the Permit Administrator. A

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registration issued under this section is in lieu of, and not in addition to, the massage therapy establishment permit required by § 115.20.
(B) Ministerial issuance. The Permit Administrator shall issue a registration within thirty (30) calendar days of receipt of a complete application upon determining that the application demonstrates compliance with § 4.18.02 of Title 17 and this section.

Issuance is ministerial and no public hearing is required. The Permit Administrator shall state in writing the reasons for any denial.
(C) Application contents. An application shall be made on a form provided by the Permit Administrator and shall include: (1) the name, business address, and contact information of the applicant and of the person responsible for day-to-day operations; (2) identification of the qualifying primary use and proof that the applicant holds every license required by the state or the City for that use; (3) a current City business license or a concurrent application for one; (4) a dimensioned floor plan identifying each treatment room, its intended use, and its square footage, and stating the gross floor area of the premises, sufficient to demonstrate compliance with § 4.18.02(B)(3) and (B)(4); (5) proposed hours of operation for the primary use and for massage; (6) a list of all persons who will provide massage on the premises with CAMTC certificate numbers; and (7) the registration fee established by resolution of the City Council in an amount not exceeding the reasonable cost of administering this section. (D) Term and renewal. A registration is valid for two (2) years and may be renewed on application demonstrating continued compliance. The operator shall notify the Permit Administrator in writing within ten (10) business days of any change in the information required by subsection (C)(1), (2), (4), or (5).
(E) Suspension and revocation. The Permit Administrator may suspend or revoke a registration upon a finding that the business no longer satisfies § 4.18.02(A) or (B), that any material statement in the application was false, that the business has refused a lawful inspection, or that the business has violated this chapter, Chapter 4.18, or any state law governing massage. Notice, appeal, and hearing shall be as provided in § 115.27. A registration that is revoked may not be reapplied for at the same address for one (1) year.
(F) Applicable operating requirements. A business providing accessory massage shall comply with §§ 115.07(B), (C), (D), (E), (F), (G), (H), (J), (K), (L), (M), (N), (O), (P), (Q), and (R), § 115.08, § 115.09, § 115.10, § 115.12, and § 115.45. Sections 115.04, 115.06, and 115.20 through 115.29 do not apply.
(G) Effect of noncompliance. A business that provides massage without a registration required by this section, or that continues to provide massage after a registration has been suspended or revoked, is operating a massage therapy establishment without a

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permit in violation of § 115.20 and is subject to §§ 115.28, 115.99, and Chapter 6.08 of Title 17.

SECTION 10. Repeal and Replacement of Subchapter 3 (Massage Therapist Permits) of Chapter 115 of Title 11.

Sections 115.45 (Massage therapist permits required), 115.46 (Consent), 115.47 (Permit administrator's responsibilities), 115.48 (Reciprocal massage therapist permit application), 115.49 (Original massage therapist permit application), 115.50 (Supplemental application for off-premises endorsement), 115.51 (Processing the application), 115.52 (Grounds for denial of application), 115.53 (Issuance of permit), 115.54 (Temporary permits), 115.55 (Keeping application and ordinance current), 115.56 (Renewal of permit), 115.57 (Therapist's dress and identification), 115.58 (Other prohibited activities), 115.59 (Permits issued pursuant to superceded ordinance), 115.60 (Suspension and revocation of permit), 115.61 (Appeals), 115.62 (Other remedies), and 115.64 (Transfer of permit) are repealed in their entirety. Section 115.63 (Exemptions) is retained. Subchapter 3 is amended by adding a new § 115.45 to read as follows:
§ 115.45 Massage professionals; state certification.
(A) Certification required. Except as provided in § 115.63, no person shall provide massage for compensation within the City unless that person holds a current and valid CAMTC certificate. No operator of a massage therapy establishment, and no business providing accessory massage, shall employ, contract with, or otherwise permit any person to provide massage on the premises unless that person holds a current and valid CAMTC certificate.
(B) No separate City permit for certificate holders. Consistent with Government Code section 51034(c)(9), the City shall not require a CAMTC certificate holder to obtain any other license, permit, certificate, or authorization to provide massage for compensation. This subsection does not affect the City's authority to require a massage therapy establishment or business to obtain a permit, registration, or business license in order to operate lawfully within the City.
(C) Prohibited requirements. Consistent with Government Code section 51034(c)(8) and (c)(10), the City shall not require a CAMTC certificate holder to take any test or medical examination, to submit fingerprints or undergo a criminal background check, to comply with education requirements beyond those required by Business and Professions Code section 4600 et seq., or to comply with a dress code in excess of Business and Professions Code section 4609(a)(10).

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(D) Display and identification. Each person providing massage shall comply with the certificate display, identification, and advertising requirements of Business and Professions Code section 4608.
(E) Uncertified providers. Nothing in this section limits the City's authority under Business and Professions Code section 4612(b) to license, regulate, prohibit, or permit an individual who provides massage for compensation without a valid CAMTC certificate.
(F) Notification to CAMTC. The Police Chief is authorized to provide to CAMTC information regarding any certificate holder that may constitute grounds for discipline under Business and Professions Code section 4609, and to receive and act upon notifications of suspension or revocation issued by CAMTC under Business and Professions Code section 4610.
(G) Records; existing City permits. Any massage therapist permit issued by the City under this subchapter and valid on the effective date of the ordinance repealing this subchapter shall remain valid until its stated expiration date or for one hundred eighty (180) days after that effective date, whichever occurs first, after which it shall be void and shall not be renewed. Fingerprint cards, photographs, physician's certificates, and criminal history information collected from CAMTC certificate holders under the repealed provisions shall be purged in accordance with the City's records retention schedule and applicable law.

SECTION 11. Nonconforming Uses and Pending Applications.

A. A business lawfully providing massage on the effective date of this Ordinance shall apply for the registration required by § 115.13 within one hundred eighty (180) days of that effective date and may continue to operate pending action on a timely and complete application.

B. An application for a business license or planning approval that was denied, withdrawn, or refused acceptance for filing before the effective date of this Ordinance, in whole or in part because the proposed business included massage services, may be resubmitted within twelve (12) months of the effective date and shall be processed under this Ordinance without payment of a second application fee. This Subsection is a fee provision only. It creates no entitlement to approval and no vested right, it is not an acknowledgment that any prior determination was erroneous, and a resubmitted application remains subject to every standard of this Code.

SECTION 12. No Admission; Reservation of Rights; Prospective Effect.

This Ordinance is a legislative act adopted in the exercise of the City's police power and its authority over land use and business regulation, and reflects the City Council's determination of what the public interest presently requires. Neither the adoption of this

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Ordinance, nor any recital, finding, amendment, repeal, or other provision contained in it, nor the consideration or discussion of it, is intended as, or shall be construed or offered as, an admission or concession by the City that any provision of the Indio Municipal Code as it existed before the effective date of this Ordinance was invalid, unlawful, unconstitutional, unenforceable, preempted, or improperly adopted, applied, interpreted, or enforced; that any permit, registration, license, or approval issued, conditioned, denied, suspended, or revoked under any such provision was improperly issued, conditioned, denied, suspended, or revoked; or that any person has been injured or aggrieved by any such provision. The amendments and repeals effected by this Ordinance operate prospectively only. Nothing in this Ordinance creates, revives, enlarges, impairs, or waives any claim, cause of action, right, or defense, and the City expressly reserves every right and defense available to it with respect to the provisions amended or repealed and with respect to any act taken under them. This Section shall be given effect whether or not any other provision of this Ordinance is held invalid.

SECTION 13. CEQA.

The City Council finds that this Ordinance is not a "project" within the meaning of Public Resources Code section 21065 and CEQA Guidelines sections 15060(c)(3) and 15378(b)(5), because it is an organizational or administrative activity of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, the Ordinance is exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment: it regulates the manner in which an ancillary service may be offered within existing and future permitted commercial uses, and does not authorize any construction, increase in intensity, or expansion of any use beyond that already permitted. In the further alternative, the Ordinance is categorically exempt under CEQA Guidelines section 15301 (Existing Facilities), because the use will occupy existing structures with negligible or no expansion of use, and under CEQA Guidelines section 15305 (Minor Alterations in Land Use Limitations). The City Council further finds that none of the exceptions in CEQA Guidelines section 15300.2 applies. Staff is directed to file a Notice of Exemption.

SECTION 14. Severability.

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

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clauses, phrases, portions, or applications be declared invalid or unconstitutional. The City Council further declares that if any provision of this Ordinance is held invalid, the amendments to Chapter 4.18 of Title 17 effected by Section 2 and the addition of § 115.13 effected by Section 9 shall nonetheless remain in full force and effect.

SECTION 15. Urgency Findings; Effective Date.

This Ordinance is adopted as an urgency ordinance for the immediate preservation of the public peace, health, and safety pursuant to Government Code section 36937(b), and shall take effect and be in force immediately upon its adoption by a four-fifths vote of the City Council. The facts constituting the urgency are as follows:

A. Section 115.13 of this Ordinance creates an accessory massage registration with express authority to suspend and revoke, and with a one-year bar on reapplication at the same address. The City does not presently possess that enforcement tool. The City Council finds that unlawful activity, including prostitution and human trafficking, has historically been associated with a subset of establishments whose principal business is massage; that the City has previously been required to abate a business that presented itself as a day spa and proved to be operating solely as a massage establishment; and that the City's ability to suspend or revoke the authorization of such a business promptly should not be deferred for thirty days.

B. Section 115.06(I) of this Ordinance requires every massage therapy establishment and every business providing accessory massage to post and maintain the human trafficking notice required by Civil Code section 52.6. That notice exists to reach victims and members of the public who encounter them.

The City Council finds that it should be posted and enforceable at the earliest possible date.

C. The provisions repealed and replaced by Section 8 of this Ordinance prohibit a sole operator from securing an exterior door during business hours and require an unobstructed six-inch by six-inch two-way viewing opening in the door of every room in which massage is administered. The City Council finds that permitting a sole operator who has no employees or independent contractors to secure an exterior door, and eliminating the mandatory viewing opening, bear directly on the personal safety of practitioners working alone and on the bodily privacy of clients who are partially unclothed, and that those protections should take effect immediately rather than thirty days hence.

D. The provisions repealed by Section 5 and Section 10 of this Ordinance authorize the collection, from applicants for a massage therapist permit, of fingerprints, photographs, criminal history information, and a physician's certificate stating that the applicant has been examined and found free of communicable disease. The

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City Council finds that the immediate cessation of the collection of that information, and the purging provided by § 115.45(G), serve the privacy and the data security of the individuals concerned, and that no purpose is served by continuing to collect it during a thirty-day interval.

E. The City Council further finds that prompt effectiveness of this Ordinance will conserve public funds by reducing the prospect of disputes, claims, and litigation concerning the provisions this Ordinance amends and repeals, and that funds so conserved are available for other public purposes.

All provisions of the Indio Municipal Code inconsistent with this Ordinance are repealed to the extent of the inconsistency. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published or posted in the manner required by law.

If this Ordinance is not adopted by the four-fifths vote required by Government Code section 36937(b), but is adopted by the vote otherwise required by law, this Section 15 shall be severed and of no effect, the Ordinance shall take effect thirty (30) days after its adoption, and every other provision of this Ordinance shall remain in full force and effect.

PASSED, APPROVED AND ADOPTED as an urgency ordinance this 16th day of September, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Mayor, City of Indio
ATTEST:
_______________________________
City Clerk
APPROVED AS TO FORM:

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_______________________________
City Attorney

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ORDINANCE NO. 1849

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, AMENDING CHAPTER 4.25 OF ARTICLE 4, TABLE 2.03.02-1 OF ARTICLE 2, AND SECTION 7.01.02 OF ARTICLE 7 OF TITLE 17 (UNIFIED

DEVELOPMENT CODE) OF THE INDIO MUNICIPAL CODE RELATING TO

TATTOO, BODY ART, AND PIERCING ESTABLISHMENTS, AND DECLARING THE

URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY
WHEREAS, the City of Indio possesses the police power conferred by Article XI, section 7 of the California Constitution to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Government Code section 65850(a) authorizes the City to adopt ordinances regulating the use of buildings, structures, and land, and Government Code sections 65853 through 65857 prescribe the procedure for amending a zoning ordinance that removes or modifies a regulation listed in section 65850; and WHEREAS, Government Code section 36937(b) authorizes the City Council to adopt, by a four-fifths vote and upon a declaration of the facts constituting the urgency, an ordinance for the immediate preservation of the public peace, health, or safety, which takes effect immediately; and
WHEREAS, Chapter 4.25 of Article 4 of Title 17 of the Indio Municipal Code establishes standards for tattoo/body art/piercing establishments, and the City Council has determined to review and update those standards; and
WHEREAS, the City Council desires to regulate tattoo, body art, and piercing establishments in substantially the same manner as it regulates comparable personal service uses, including barbering, cosmetology, esthetician, nail care, and waxing and tanning establishments, and to direct the City's regulation of tattoo, body art, and piercing establishments toward the health, safety, sanitation, and operational characteristics of the use; and
WHEREAS, in Anderson v. City of Hermosa Beach, 621 F.3d 1051 (9th Cir. 2010), the United States Court of Appeals for the Ninth Circuit held that "[t]he tattoo itself, the process of tattooing, and even the business of tattooing are not expressive conduct but purely expressive activity fully protected by the First Amendment," and further recognized that a city has a significant governmental interest in regulating tattooing because of the health and safety concerns implicated by the process; and WHEREAS, the City Council intends that the City's regulations governing tattoo, body art, and piercing establishments reflect that authority, and that those regulations be content neutral, be justified without reference to the content of any expression, be

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narrowly tailored to the City's significant interests in health, safety, sanitation, and neighborhood compatibility, and leave open ample alternative channels for expression; and
WHEREAS, the California Safe Body Art Act, Health and Safety Code sections 119300 through 119328, establishes minimum statewide standards for the regulation of persons engaged in the business of tattooing, body piercing, and the application of permanent cosmetics, including practitioner registration and bloodborne pathogen training under sections 119306 and 119307, client informed consent under section 119303, sanitation, single-use instrument, and sharps requirements under sections 119308, 119309, and 119311, body art facility permitting, infection prevention and control planning, and facility construction requirements under sections 119312, 119313, and 119314, and sterilization requirements under section 119315; and
WHEREAS, Health and Safety Code section 119301(o) defines the local enforcement agency as the local health agency of the county, city, or city and county, the City of Indio maintains no city health agency, and the Riverside County Department of Environmental Health administers and enforces the Safe Body Art Act within Riverside County, including within the City; and
WHEREAS, Health and Safety Code section 119324 provides that a city "may adopt regulations or ordinances that do not conflict with, or are more stringent than, the provisions of this chapter as they relate to body art," and Health and Safety Code section 119324.5 limits local fees imposed under the chapter to the reasonable costs of the local government; and
WHEREAS, Health and Safety Code section 119302(a) provides that a client shall be at least 18 years of age to be offered or to receive a tattoo or permanent cosmetics application, "regardless of parental consent," section 119302(c) applies the same rule to branding, section 119302(b) provides that a person under 18 years of age shall not be offered or receive a body piercing "unless the piercing is performed in the presence of his or her parent or guardian," Penal Code section 653 makes the tattooing of a person under 18 years of age a misdemeanor, and Penal Code section 652 makes the body piercing of a person under 18 years of age an infraction unless performed in the presence of, or as directed by a notarized writing by, the person's parent or guardian; and
WHEREAS, the City Council finds that Penal Code section 652 would permit a notarized writing in lieu of parental presence and does not reach the piercing of an ear, that Health and Safety Code section 119302(b) is the more stringent requirement, and that the City Council elects, as authorized by Health and Safety Code section 119324, to apply the more stringent presence requirement of section 119302(b); and

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WHEREAS, the City Council reaffirms the City's continuing interests in protecting the public health, safety, and welfare, in the sanitary operation of establishments at which the skin is punctured, and in the compatibility of commercial uses with surrounding commercial and residential uses, and finds that those interests are directly and effectively served by the health, safety, and objective operational standards adopted by this Ordinance, which are enforceable by inspection of the premises; and WHEREAS, the City Council further finds that this Ordinance strengthens the City's health and safety regulation of tattoo, body art, and piercing establishments by adding to the Indio Municipal Code, for the first time, enforceable local standards governing sterilization, instrument and sharps handling, body art facility construction, prohibition of alcoholic beverages on the premises, age verification by government-issued photographic identification, exterior lighting, window transparency, and required postings; and
WHEREAS, the City Council finds that the City's supply of commercially zoned land suitable for small storefront personal service tenancies is finite, that the commercial districts of the City serve residents best when they offer a diversity of goods and services within a walkable area, and that the concentration of multiple establishments of a single use classification along a common frontage or within a single commercial center reduces that diversity, reduces the range of services available to residents of the surrounding neighborhood, and diminishes the vitality of the district, without regard to which use classification is involved; and
WHEREAS, the City Council finds that its interest in the diversity and balance of commercial land uses is unrelated to the content of any expression and unrelated to the suppression of expression, that it is an interest the City has applied and continues to apply to commercial use classifications involving no expressive activity of any kind, and that Section 6.06.01(H)(3) of the Unified Development Code identifies the maintenance of an appropriate balance of land uses within the City among the criteria governing amendments to the City's land use policy; and
WHEREAS, the City Council expressly does not rely, in adopting the separation required by Section 4.25.02(B), on any finding, assumption, study, or theory that tattoo, body art, or piercing establishments produce adverse secondary effects, generate crime, disorder, or blight, depress property values, or are associated with any unlawful activity, and the City Council makes no such finding; and WHEREAS, the City Council finds that a separation of five hundred (500) feet between establishments of this use classification, measured in a straight line from primary public entrance to primary public entrance, is no greater than is necessary to serve the City's interest in the diversity and balance of commercial land uses, and determines that a separation greater than five hundred (500) feet is not necessary to serve that interest;

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that five hundred (500) feet is the same distance the City applies between adult-oriented businesses under Section 4.03.02(A) and is less than the distance the City applies between establishments in several other commercial use classifications; and that measuring between primary public entrances rather than between property lines confines the requirement to the frontages along which concentration is actually experienced by the public; and
WHEREAS, the City Council further finds that the separation required by Section

4.25.02(B) is subject to a ministerial modification that the Director shall grant upon a showing of any one of the objective criteria stated in Section 4.25.02(C)(1), that the modification is subject to a decision deadline, a written statement of reasons for any denial, and an appeal, and that Section 4.25.02(C)(6) provides that the separation shall not be applied so as to prevent the establishment of the use within the City or so as to fail to leave open ample alternative locations for it; and WHEREAS, the City Council therefore finds that the separation required by Section

4.25.02(B) regulates the distribution of establishments and does not and cannot regulate the availability of locations for the use, that it is content neutral on its face and in its justification, that it is narrowly tailored to the City's significant interest in the diversity and balance of commercial land uses, and that it leaves open ample alternative locations for the expression at issue; and
WHEREAS, the City Council further finds that the standards adopted by this Ordinance are objective and generally applicable, that they apply uniformly to every tattoo/body art/piercing establishment in every zone in which the use is allowed, that no provision of this Ordinance was drafted with reference to any particular parcel, applicant, or business, and that this Ordinance confers no entitlement on any applicant and guarantees no particular outcome at any particular location; and WHEREAS, the City Council further finds, in accordance with Section 6.06.01(I) of the Unified Development Code, that this amendment is consistent with the General Plan, is internally consistent with other applicable provisions of the Code, will promote the growth of the City in an orderly manner and promote and protect the public health, safety, peace, comfort, and general welfare, and is in compliance with the California Environmental Quality Act; and
WHEREAS, the City Council further finds that nothing in this Ordinance is intended to permit, and this Ordinance shall not be construed to permit, any use, conduct, or activity that violates any federal, state, or local law.

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

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SECTION 1. Incorporation of Recitals and Findings.

The Recitals above are true and correct and are incorporated into this Ordinance as findings of the City Council.

SECTION 2. Amendment of Chapter 4.25 of Article 4 of Title 17 (Unified Development Code).

Chapter 4.25 of Article 4 of Title 17 of the Indio Municipal Code is amended and restated to read as follows:

CHAPTER 4.25 TATTOO/BODY ART/PIERCING ESTABLISHMENTS
§ 4.25.01 Purpose and Applicability.

The purpose of this Chapter is to establish development standards for the siting and operation of tattoo/body art/piercing establishments so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods. The standards of this Chapter shall apply to all tattoo/body art/piercing establishments.

The City Council recognizes that a tattoo, the process of tattooing, and the business of tattooing are protected expression under the First Amendment to the United States Constitution and Article I, Section 2 of the California Constitution. The standards of this Chapter are content neutral, are directed at the health, safety, and neighborhoodcompatibility characteristics of the use and not at the content of any expression, and are intended to leave open ample alternative channels for that expression. Nothing in this Chapter authorizes any officer or employee of the City to review, approve, disapprove, or condition the content of any tattoo, body art, or piercing, or of any design, image, or text offered or displayed by an establishment, except as expressly provided in §

4.25.03(L).
§ 4.25.02 Location Standards. Permitted Locations.

All new tattoo/body art/piercing establishments shall be located consistent with the following standards:

A. All new tattoo/body art/piercing establishments shall be located a minimum of 1,000 feet from another tatoo/body art/piercing establishment.

B. Located a minimum of 500 feet from all of the following uses: 1. Adult-oriented business; 2. Schools; 3. Parks and recreation facilities; 4. Community centers; 5.

Libraries; 6. Youth organizations; and 7. Child Day Care in a Home (Small or Large), or Day Care Centers.

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C. Located a minimum of 250 feet from any business involving an on-premises sale of liquor or alcoholic beverages, excluding restaurants and grocery stores/supermarkets.

D. Located a minimum of 100 feet (250 feet if separated by a major street or arterial) from any residential zones.

A. Allowed Zones. Tattoo/body art/piercing establishments are allowed in the zones, and are subject to the planning permit type, identified in the land use regulation tables of Article 2 (Zone Regulations).

B. Separation Between Establishments. A new tattoo/body art/piercing establishment shall not be established within five hundred (500) feet of an existing tattoo/body art/piercing establishment, subject to modification under Subsection C.

1. Measurement. Notwithstanding § 4.01.01(I), the distance required by this Subsection shall be measured in a straight line from the primary public entrance of the proposed establishment to the primary public entrance of the existing establishment. No other point of measurement shall be used.

2. Existing establishment. For purposes of this Subsection, an establishment is "existing" only if it is lawfully operating on the date the application for the proposed establishment is deemed complete and holds a current City business license. An establishment that has ceased operation for more than one hundred eighty (180) consecutive days shall not be counted.

3. Priority. Where two or more applications would conflict with one another, priority shall be determined by the order in which the applications were deemed complete.

C. Modification of Separation. The separation required by Subsection B shall be modified or waived as provided in this Subsection.

1. Entitlement to modification. The Director shall grant a modification of the separation required by Subsection B upon a written application demonstrating any one of the following:
a. No tenant space or parcel is available for lease or purchase within the City that satisfies Subsection B together with the other objective standards of this Chapter and of the applicable zone;
b. The proposed establishment and the existing establishment are separated by a freeway, a railroad right-of-way, a flood control channel or other watercourse, or a street of four or more travel lanes;
c. The primary public entrance of the proposed establishment is not visible from the primary public entrance of the existing establishment; or

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d. The proposed establishment and the existing establishment are located in separate commercial centers under separate ownership or management.

2. Ministerial. A modification under this Subsection is ministerial. The Director shall not consider, and shall not make any finding concerning, the desirability, necessity, or compatibility of the proposed establishment, its effect on surrounding properties or on any other establishment, or the content of any expression. No public hearing is required.

3. Decision deadline. The Director shall grant or deny a modification within thirty (30) calendar days after the application is deemed complete. If the Director has not acted within that period, the modification shall be deemed granted.

4. Written statement of reasons. A denial shall be in writing and shall identify each criterion of Paragraph 1 the application fails to satisfy and the facts on which that determination rests. A denial shall not rest on any other ground.

5. Appeal. A denial may be appealed to the Planning Commission under §

6.03.13 (Appeals). The Planning Commission shall hear and decide the appeal within forty-five (45) calendar days after a complete appeal is filed, and review is limited to whether the application satisfies a criterion of Paragraph 1.

6. Limitation. Subsection B shall not be applied so as to prevent the establishment of a tattoo/body art/piercing establishment within the City, or so as to fail to leave open ample alternative locations for the use. If the Director determines that application of Subsection B would have either effect, Subsection B shall not apply to the application, and no modification need be sought.

D. No Other Separation Requirements. Except for the separation between establishments required by Subsection B, no separation, distance, buffer, dispersal, or concentration requirement shall apply to a tattoo/body art/piercing establishment, whether measured from any use, structure, parcel, or zone. This Subsection does not affect the generally applicable setback, yard, and screening standards of Articles 2 and 3 that apply to all uses in the applicable zone.

E. Dwellings and Home Occupations. No tattoo, body art, or piercing shall be performed for compensation in or from a dwelling unit, and a tattoo/body art/piercing establishment shall not be established or operated as a home occupation under Chapter 4.15 (Home Occupations).

F. Vehicles and Mobile Units. No tattoo, body art, or piercing shall be performed in or from a vehicle, trailer, cart, or other mobile unit, except from a mobile body art facility holding a current permit issued by the Riverside County Department of Environmental

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Health under Health and Safety Code sections 119316 through 119316.5, and then only pursuant to a Temporary Use Permit issued under Chapter 4.27 (Temporary Uses) and § 6.04.05.

G. Generally Applicable Standards. Tattoo/body art/piercing establishments remain subject to Chapter 3.03 (Parking and Loading), Chapter 3.04 (Performance Standards), Chapter 3.05 (Sign Regulations), § 3.02.10 (Fences, Walls, and Screening), and §

3.02.11 (Outdoor Lighting) on the same terms as other commercial uses. § 4.25.03 Development and Operational Standards.

In addition to any conditions imposed by the Review Authority, Tattoo/body art/piercing tattoo/body art/piercing establishments shall comply with the following establishments shall comply with the following standards:

A. The hours of operation shall be no earlier than 8:00 a.m. and no later than 10:00 p.m., daily. The establishment shall not be open to the public, and no tattoo, body art, or piercing shall be performed, earlier than 8:00 a.m. or later than 10:00 p.m., daily.

B. The owner of an establishment shall obtain and maintain a Health Permita body art facility health permit through the Riverside County Department of Public Health (DPH)Environmental Health ("DEH"), as the local enforcement agency designated under Health and Safety Code section 119301(o), pursuant to Health and Safety Code section 119312, to operate the facility in a safe and clean manner, maintain written procedures for the operation of the facilitya written Infection Prevention and Control Plan satisfying Health and Safety Code section 119313, and maintain records of training and equipment sterilization.

C. All practitioners shall annually register with the Riverside County Department of Public HealthEnvironmental Health pursuant to Health and Safety Code section 119306, obtain annual blood-borne pathogen training satisfying Health and Safety Code section 119307 and California Code of Regulations, title 8, section 5193, provide documentation of Hepatitis B vaccination status or a declination in the form permitted by Health and Safety Code section 119306(c)(1), obtain specific health information from clients, and obtain "informed consent" from clients, as required by the Department of Public HealthHealth and Safety Code section 119303.

D. Records of successful completion of registration and annual renewals of Riverside County Department of Public HealthEnvironmental Health permits for the owner of the establishment and any person providing services in the establishment shall be maintained on the premises and shall be presented to City employees and Riverside County Department of Public Health, Environmental

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Health Division inspectorsDEH enforcement officers on demand. An electronic copy of such records shall be provided on an annual basis to the Planning Division.

E. No tatootattoo, body art, or body piercing shall be performed without first obtaining "Informed Consent" from a client, as required by the DPHHealth and Safety Code section 119303.

F. No establishment shall provide services to any person who is younger than the minimum age established by State law. Age Restrictions. No establishment shall offer or perform tattooing, the application of permanent cosmetics, or branding upon any person under 18 years of age, regardless of parental or guardian consent, consistent with Health and Safety Code section 119302(a) and (c) and Penal Code section 653. No establishment shall offer or perform body piercing upon a person under 18 years of age unless the piercing is performed in the presence of that person's parent or guardian, consistent with Health and Safety Code section 119302(b). A notarized writing does not satisfy this Subsection, and this Subsection is more stringent than Penal Code section 652 as authorized by Health and Safety Code section 119324. No establishment shall pierce or apply permanent cosmetics to the nipples or genitals of a minor, except as authorized by Health and Safety Code section 119302(d). An establishment may refuse to perform body piercing on a minor regardless of parental or guardian consent. The establishment shall verify age by government-issued photographic identification and shall retain a record of the verification for not less than twelve (12) months.

G. Amplified sound and loud music shall not be heard outside of the premises; the The establishment shall contain all activities within the establishment. No amplified sound shall be audible beyond the property line of the parcel on which the establishment is located, and the establishment shall comply with Chapter

3.04 (Performance Standards) and Chapter 95C (Noise Control) of Title 9.

H. Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.

I. The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 24 hours of written notice from the City.

J. Loitering in the public right-of-way, parking area, and in front of the property and adjacent properties shall be prohibited. The operator shall not permit patrons to queue or wait outside the establishment, and shall maintain an interior waiting area adequate to accommodate patrons awaiting service.