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CITY OF INDIO

MISSION STATEMENT THE CITY OF INDIO S PUBLIC SERVANTS PROVIDE OUTSTANDING MUNICIPAL SERVICES TO ENHANCE THE QUALITY OF LIFE FOR OUR

RESIDENTS

VISITORS AND THE BUSINESS COMMUNITY

AGENDA

City Council Study Session
April 16
150 Civic Center
Call to Order and ROLL CALL

2014

00 p 3 m
Mall Indio California
Michael H Wilson Pro Tem Sam Torres

Mayor Mayor

Councilmember

Lupe

Ramos Watson

Councilmember Glenn Miller
Councilmember Elaine Holmes PUBLIC COMMENT
This

speak form and limit your comments to three minutes forms timing device on the podium

is the time set aside for public comment If you wish to speak please complete a request to are located in the lobby of the Council Chamber Please watch the

1 Ordinance

on

social

hosting Chief Twiss

Page 1 of 267

April

City Council Aketing 16 2014 Agenda
Continued

AGENDA Closed Session

City
150 Civic Center Call to Order and ROLL CALL

Council

April 16 2014
30 p 3 m
Mall Indio California

Mayor Mayor

Michael H Wilson Pro Tern Sam Torres

Councilmember

Lupe Ramos Watson Councilmember Glenn Miller Councilmember Elaine Holmes
PUBLIC COMMENT This is the time set aside for public comment If you wish to speak please complete a request to speak form and limit your comments to three minutes forms are located in the lobby of the Council Chamber Please watch the timing device on the podium ADJOURN TO CLOSED SESSION to consider 1 Conference with legal counsel anticipated litigation Government 3 c one case a claim has been submitted by Neela Patel and soffice inspection in the City Clerk 3 c one case a claim has been submitted by s office inspection in the City Clerk

Code Section 54956 9b is available for public

2 Conference with legal counsel anticipated litigation Government Code Section 9 54956 b
Jeff Sara and is available for

public
California

3

Conference with

legal counsel anticipated litigation significant exposure to Government Code Section 54956 9d 2 number of potential cases 1
Public

litigation

Employee Performance Evaluation California Government Code Section City Attorney 5 Conference with Labor Negotiators per California Government Code Section 54957 6 agency Designated Representative Dan Martinez City Manager and Jasmin Loi Director of Human Resources and Risk Management Employee Organization SEIU 6 Conference with Real Property Negotiators Government Code Section 54956 8 Properties located on Varner Road between Adams Street and Jefferson 230 Street Property APNs 607 002 607 251 016 017 026 City of Indio negotiator Mariano Aguirre Director of Housing and Economic Development Negotiation Parties HRA Investments George Velarde Under Negotiation Price and Terms of Payment 7 Conference with Real Property Negotiators Government Code Section 54956 8 City of Indio properties located on Varner Road between Adams Street and Jefferson Street APNs 607 027 230 and 607 024 City of Indio Negotiator Mariano Aguirre Director of Housing and 251 Economic Development Negotiating Party George Velarde Under Negotiation Price and Terms of Payment 8 Conference with Real Property Negotiators Government Code Section 54956 8City of Indio properties located on Varner Road between Adams Street and Jefferson Street APNs 607 230 013 607 047 230 002 City of Indio Negotiator Mariano Aguirre Director of 251 607 and Economic Housing Development Negotiating Party George Velarde Under Negotiation Price and Terms of Payment
54957 Title
Page 2 of 267

4 Personnel

City Council Meeting April 16 3014 Agenda
Continued

AGENDA

City Council
April 16
150 Civic Center
Call to Order and ROLL CALL

2014

00 P 5 M
Mall Indio California
Mayor Michael
H Wilson

Mayor Pro Tern Sam Torres Councilmember Lupe Ramos Watson
Councilmember Glenn Miller Councilmember Elaine Holmes Indio Youth Advisory Councilmember

INVOCATION PLEDGE OF ALLEGIANCE

Presentations
Proclaiming April Ambassador
Certificate of
as

Donate Life Month DMV

Myles Kaye

Donate Life

Recognition

to The

Bridges Homeowners Association

Presentation to Richard Twiss Police Chief of the Chief POST Executive Certificate by POST Senior Law Enforcement Consultant Manini

Gary

Proclamation

honoring Wayne Hoy

Police

Chaplain

for his service to Indio

INDIO YOUTH ADVISORY COUNCIL

Abigail Cardenas Artemisa Gutierrez Gustavo Leon Daniel Leon Mendoza Delania Smith Analise Spensieri
1 REPORT ON CLOSED SESSION

3 Page 3 of 267

City Council Meeting April 16 2014 Agenda
Continued

2 CITY COUNCIL REPORT ON EXTERNAL INTERNAL COMMISSION MEETINGS AND INFORMATION

Mayor Wilson
CVAG Executive Committee CVAG CVAG CVAG

Energy Environmental Resources Transportation Committee TUMF Nexus Advisory Committee

Committee

CV Conservation Commission

ERICA JPA
Coachella Waste Transfer Station Indio DSUSD 2x2 Committee Indio CVUSD 2x2 Committee Indio

Authority

Indio of the College

Desert 2x2 Committee

Investment Committee

Mayor Pro Tem Torres
DSUSD 2x2 Committee Indio CVUSD 2x2 Committee Indio Investment Committee Coachella CVAG Public

Valley Mosquito Vector Control Safety Committee

District

Councilmember Miller
Coachella Waste Transfer Station Indio
California Joint Powers Insurance Coachella Valley Enterprise Zone

Authority Authority

Riverside

County Transportation

Commission

SUNLINE Transit Board CVWD Joint Water

Policy Advisory Committee

Councilmember Ramos Watson
CVAG Homelessness Committee CVWD Joint Water Policy Advisory Committee

Imperial Irrigation

District

Energy

Consumers

Advocacy

Committee

Councilmember Holmes
Coachella Coachella

Valley Economic Partnership Valley Animal Campus Commission Greater Palm Springs Convention Visitors Bureau Cochran Jacquie Regional Airport
a

Accept

Guitron from the Community Services Commission and authorize advertising vacancy for 30 days s appointment Recommendation Approve Mayor Wilson
Page 4 of 267

letter of

resignation

from Norma

City Council Meeting April 16 2014 Agenda
Continued

b Goals

Objectives Mayor Wilson

3 CITY MANAGER REPORTS AND INFORMATION
a

b

Chrom VI Commercial to promote

Update

on

recycling

EXCUSE YOUTH ADVISORY COUNCIL PUBLIC COMMENT
any matter not appearing
to three minutes
on

forms

are

This is the time set aside for public comment on to speak please complete a request to speak form and limit your comments located in the lobby of the Council Chamber Please watch the timing device on the podium
the agenda If you wish

NON AGENDA ITEMS

PUBLIC COMMENT AGENDA ITEMS
time set aside for public comment on device the
a on

on This is the matter appearing on the agenda Ifyou wish to speak please complete a request to speak form and limit your comments to three minutes forms are located in the lobby of the Council Chamber Please watch the podium timing

except

public hearings

4 CONSENT CALENDAR

Note

Consent calendar items are considered to be routine in nature and will be

approved by one motion Reading of text of Ordinances is waived and Ordinances are adopted as second reading by title only Public requests to discuss consent calendar items must be led with the City Clerk before the consent calendar is called This is the time for any member of the public wishing to speak on a consent calendar item to do so Any member of the public wishing to speak shall have a total of three minutes to address any and all items on which he she wishes to speak Unless a consent calendar item is pulled for discussion by a council member them will be no further opportunity to discuss the matter If a consent calendar item is pulled for Council discussion and a member of the public then wishes to she speak he shall limit comments to matters raised during the Council discussion a

April 2 2014 Cynthia Hernandez City Clerk Recommendation Approval Rob Rockwell Finance Director Recommendation Receive File
Ordinance No 1652

Minutes of

b Warrants
c

Second

Reading

amending Chapter

114 of the Indio

Code of Ordinances regarding vending from pushcarts and mobile food vendors Joe Lim Director of Development Services Recommendation

Approve
d

Deny Claim
Resources

as

submitted

by Neela Patel Jasmin Loi Director of Human
Recommendation

Risk

Management by

Approve

e

Deny claim
Resources

as

Jasmin Loi Director of Human Risk Management Recommendation Approve

submitted

Jeff Sara

5

Page 5 of 267

City Council Meeting April 16 2014 Agenda
Continued

f

Professional Services Agreement between the City of Indio and Doulames II LTD a California Corporation dba Convert a Doc to assist with imaging and archiving building plans and permit documents Joe Lim Director of Development Services Recommendation Approve

g Amendment No 3 to the

agreement between the City of Indio and Excel

Landscape landscaping services to include new LLD and General Fund properties Grant Eklund Public Works Director City Engineer
Recommendation

Inc for

Approve

h Blanket Purchase Order for Excel Landscape Inc in the amount of 000 for repairs and improvements to irrigation and landscapes in 200 Lighting and Landscape Districts and General Fund areas Grant Eklund Public Works Director City Engineer Recommendation

Approve
ADMINISTRATIVE ITEMS 5 Presentation
on

broadcast and online availability of all City Commission
Senior

Meetings Jason Chan

Management Analyst

Recommendation Receive File 6 Introduction Reof Ordinance of the City of Indio prohibiting the provision of single use carryout plastic bags and relating to the use of reusable

bags and adding Chapter 103 Reusable Bags to the Indio Municipal Code and consideration of CEQA exemption for the proposed ordinance Joe Lim Director of Development Services Recommendation Approve
7 Purchase of an 18 acre site approx located on the north side of Varner Road between Adams Street and Jefferson Street APN of

002 230 607 016 and 607 251 607 017 607 251 251 026 Mariano Aguirre Director

Housing

and

Development Recommendation Approve

6

Page 6 of 267

City Council Meeting April 16 2014 Agenda
Continued

PUBLIC HEARINGS 8

1 C ontinued public hearing to consider and determine the altering of the apportionment of special tax for Improvement Area No 1 of the City of Indio Community Facilities District No 2004 3to the as qualified electors proposed in Resolution No 9680 adopted on February 5 2014 the Resolution of Consideration 2 consideration of seeking bondowner consent and adopt a resolution to amend resolution 9680 to replace the proposed rate and method of apportionment of special tax with an alternative rate and method of apportionment proposed by the petition 3 consideration of abandoning the change proceeding for the proposed rate and method of apportionment of special tax Roxanne Diaz City Attorney Recommendation
rate and method of

9 Public

hearing pursuant to the Tax Equity Financial Responsibility Act TEFRA and adoption of a resolution authorizing issuance of tax exempt bonds by the California Statewide Communities Development Authority CSCDA for financing the acquisition and rehabilitation of the Indio Desert Palms Apartments Mariano Aguirre Director of Housing and
Economic

Development Recommendation

ADJOURN

Successor Agency
No Items

Indio Public
No Items

Financing Authority Authority

Indio Finance
No items

Indio
No Items Next

Housing Authority

meeting Special Meeting April 17 2014
and

Special Meeting April 30
Agenda packets

2014

are available on the city s website at www org and at the public counter in city hall indio at 100 Civic Center Mall Indio California

7

Page 7 of 267

City Council Meeting April 16 2014 Agenda
Continued Materials related to
an item on this Agenda submitted to the City Council after distribution of the agenda available for public inspection at the front counter of the lobby of the City Hall Administration

packet

are

Building

at 100 Civic Center Mall Indio

during

normal

City business

hours and during the meeting

PUBLIC NOTICE The Indio City Council Chamber is handicapped accessible Ifspecial equipment is needed for the hearing impaired please call the Clerk office Persons with disabilities can receive this agenda in an alternative format and should call the City s s office at City Clark 4006 Notification 48 hours prior to a meeting will enable the City to make reasonable 391 arrangements to ensure accessibility to the meeting 28 CFR 35 104 ADA Title 11 102 DECLARATION OF POSTING

1 Cynthia Hernandez City Clerk of the City of Indio California do hereby declare that outs a entry to the Council C amber 150 Ci is Center Mall on April 11 2014

the

foregoing agenda

was

posted

on

the

CY CI

HIA HERNANDEZ CMC CLERK

Page 8 of 267

ITEM NO 4a
UNOFFICIAL UNTIL APPROVED BY THE CITY COUNCIL
CLOSED SESSION CITY COUNCIL APRIL 2014

2

MINUTES Michael H Wilson called to order the Closed Session meeting of the City Council of the City of Indio California at 3 30 p in the Council Chambers located at 150 Civic m Center Mall Indio California

Mayor

ROLL CALL

PRESENT

Mayor Mayor

Michael H Wilson Pro Tern Sam Torres

Councilmember Lupe Ramos Watson Councilmember Glenn Miller Councilmember Elaine Holmes
PUBLIC COMMENT The NONE

City

100 Civic Center

Council ADJOURNED to Closed Session in the Mall Indio California CITY COUNCIL APRIL

city

hall conference

room

at

2

2014

MINUTES

Mayor Michael H Wilson called to order 00 p City of Indio California at 5 m in
Center Mall Indio California
ROLL CALL PRESENT

the

regular meeting

of the

City

Council of the

the Council Chambers located at 150 Civic

Mayor Mayor

Michael H Wilson Pro Tern Sam Torres Ramos Watson

Councilmember

Lupe

Councilmember Glenn Miller Councilmember Elaine Holmes
Youth Wilson

Advisory Councilmember

Gustavo Leon

Mayor
6 3

2014

thanked the 1

presented a proclamation recognizing Coachella Valley Free Clinic April Representatives of California CareForce accepted the proclamation and
Council

City

REPORT ON CLOSED SESSION

NO REPORTABLE ACTION

Page 9 of 267

City Council Meeting

April 2
2

2014 Minutes

Continued

CITY COUNCIL REPORT ON EXTERNAL INTERNAL COMMISSION MEETINGS AND INFORMATION

Councilmember Holmes reported
attended the at

on

the CV Arts Center and the

grand opening
and the

of the

Ophelia Project

She

Northgate

Heritage

Holiday Inn Express the ribbon cutting of the PM AM Day Festival at the museum over 700 people attended
were

Councilmember Ramos Watson reported her committees

dark

She

suggested

adding
that is
a

a

youth component
idea

to the General Plan process

Mayor

Wilson commented

great

Councilmember Miller reported the East Valley Reclamation Authority a Joint Powers Authority between the Valley Sanitary District and the City of Indio held its first meeting
Coachella of units from the

Valley Enterprise Zone held its annual meeting and stated they are renting a couple city He reported on the SUNLINE Transit Board meeting wherein they discussed their audit which was very good Their building improvements should be completed soon They reached a new two year agreement with their employee unions They will add 100 new cabs that will help for the concerts
Tem Mayor Pro
Torres

reported

he attended the Water

Symposium

which

was a

very

good

conference

Administrative Center 3

Mayor Wilson reported he too attended the grand opening of the Holiday Inn Express He commented the Super Walmart is going up
CITY MANAGER REPORTS AND INFORMATION

PM AM
as

and

the

is the

County

Dan

Indio has been
an

award at the

Martinez City Manager reported he received word earlier today that the City of recognized for its Better Neighborhoods Program and will be receiving

40th

celebration in

C Washington D

EXCUSE YOUTH ADVISORY COUNCIL Gustavo Leon the Youth Council will be

reported

Advisory

helping

at the Coachella

Valley Mayor

Free Clinic tomorrow

He invited Councilmembers to the event

Wilson excused the Youth

Advisory

Council at this time

20 p 5 m

PUBLIC COMMENT ON NON AGENDA ITEMS

Henry Amaya
wonderful
she

stated

we

need

more

police

in

Indio

Linda

Beal

thanked the Code

Enforcement Team for the removal of graffiti she commented the

suggested

Hardee thanked the

City

Heritage Festival was the railroad train station be restored to the way it was Kim for the animal services she appreciates the Lucy Foundation

2

Page 10 of 267

City Council Meeting

April

2 2014 Minutes

Continued

and the

County being here

Al Meza commented

on a

600 1

citation for

a

dog

not

being

fixed

PUBLIC COMMENT ON AGENDA ITEMS 4 CONSENT CALENDAR Minutes of March 19 2014 b Warrants File Receive
a c

NONE

d

e

f g h It

Reading Ordinance No 1650 of the City of Indio amending the municipal requirements for second dwelling units and finding the project is exempt under the California Environmental Quality Act Zone Text Amendment 14 54 1 Second Reading Ordinance No 1651 an ordinance for a 677 6 Change of Zone 13 for the property generally located on the north side of Dr Carreon Boulevard south side of Garden Avenue and east of Dr Carreon Park s 014 APN 130 614 015 034 35 and 140 056 614 Denial of claim as submitted by Mukesh Patel Denial of claim as submitted by Thomas Hendricks Authorize the City Manager to hire an IPD Police Dispatcher I Authorize the City Manager to hire an IWA Accounting Technician II
code
was

Second

moved

by Councilmember Torres
carried to ADOPT the

seconded

by Councilmember
Calendar
as

Holmes and with

unanimously

Consent
on

submitted

Councilmember Ramos Watson Nos 1650 and 1651 to read ORDINANCE AMENDING UNITS
as

voting

NOE

item b

only

and ADOPT Ordinance

follows

OF THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA THE MUNICIPAL CODE REQUIREMENTS FOR SECOND DWELLING AND FINDING THE PROJECT IS EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL

QUALITY ACT

ZONE TEXT AMENDMENT 14 54 1

ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF INDIO CALIFORNIA A CHANGE OF ZONE 13 677 FOR THE PROPERTY GENERALLY LOCATED ON 6 THE NORTH SIDE OF DR CARREON SOUTH SIDE OF GARDEN
AVENUE AND EAST OF DR CARREON PARK AND 614 056 140 5

BOULEVARD 130 614 015 034 S 014 APN

35

FUTURE UPGRADES TO 1 10 INTERCHANGES AT DILLON

PARKWAY JACKSON STREET
Grant

ROAD GOLF CENTER MONROE STREET AND JEFFERSON STREET
introduced

RBF and Erick Weck City Principal Civil Engineer Mr Weck gave a powerpoint presentation on the future 10 interchanges upgrades to the 1 at Dillon Road Golf Center Parkway Jackson Street Monroe Street and Jefferson
Street

Eklund Public CALTRANS Tim Hale

Works from

City Engineer Director

Patty

Romo from

Page 11 of 267

City Council Meeting

April

2 2014 Minutes

Continued

Councilmember Ramos Watson suggested

an

overview of the efforts to date

Dan

Martinez City Manager
idea

commented

an

overview of the efforts staff is

doing

is

a

great

Tim He

Hale

RBF

Consulting

gave
were

an

the constructions documents have been approved the right of way acquisition has been accomplished and are obtaining federal funding for the construction The final approval of the final designs will be in the next couple of weeks with a contract awarded in 2015 million was added to

reported

the aesthetics

update approved

on

the Jefferson 10 Street 1

Interchange

January

5 14

the

funding City

which added six months to the construction schedule

The

Council thanked staff for the

presentation

6

VENDING FROM PUSHCARTS AND MOBILE FOOD VENDORS

Joe

Lim

Director of

Development Services reported
114 of the Indio Code

this is

a

amending Chapter pushcarts and mobile food vendors and consideration of CEQA exemption for the proposed ordinance He reported inclusions are related to safety and how we want them to operate in our city and within the public right of ways and hours of operation around schools This ordinance is being expanded to be consistent with current laws that have been amended and bringing it up to date
of Ordinances Roxanne

request for an ordinance regarding vending from

Diaz City Attorney
of way

stated this ordinance

only

addresses those vendors in the

public right

Councilmember Ramos Watson asked if we want to include Mayor Wilson stated push carts are currently allowable

push

carts in this ordinance

Councilmember Miller asked if this is consistent with the
After

county Mr
seconded No

Lim

replied

yes it is

discussion

it

was

moved

by Councilmember Miller

Holmes and title

unanimously carried to ADOPT Ordinance only by the following vote to read as follows
AYES

1652

as

by Councilmember first reading by

Holmes Miller Torres

Wilson

NOES Ramos Watson ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA AMENDING CHAPTER 114 OF THE INDIO CODE OF ORDINANCES REGARDING VENDING FROM PUSHCARTS AND MOBILE FOOD VENDORS

4

Page 12 of 267

City Council Mceting April 2 2014 Minutes
Continued

7

PROHIBIT PROVISION OF SINGLE USE CARRY OUT PLASTIC BAGS AND
RELATING TO THE USE OF REUSABLE BAGS

Joe

Lim Director of Development Services reported this is a request for an ordinance prohibiting the provision of single use carry out plastic bags and relating to the use of reusable bags and adding Chapter 103 Reusable Bags to the Indio Municipal Code and consideration of CEQA exemption for the proposed ordinance He stated the
ordinance is effective

thirty days

comply

six months after

after the second reading and large establishments will This authorizes stores to make a recyclable available for

bag

purchase at ten cents minimum audited by the city He added this

and
was

records that modeled after the CVAG ordinance

requires

the store to

keep

can

be

Mayor

commented the cities of Palm Springs and Desert Hot Springs have passed their ordinance He commented the ordinance we are considering is 100 CVAG Each city will do something different to accommodate their city Councilmember Miller commented there is
a 10 000 cost associated with this Mr Lim stated that is for education and marketing of the ordinance to all the retailers and is from the AB939 fund Mayor Wilson commented it may be beneficial for us to offer free

Wilson

recyclable bags

to the

community
on

Councilmember Ramos Watson commented

the letter of

support

received

California Grocers Association and asked if their

by the
Mr Lim

support

is

on a

uniform code

replied they support the
It
was

model

bag

ordinance and have reviewed all of the ordinances

moved

by

Councilmember

Miller

seconded

unanimously carried the following vote to
AYES

to ADOPT Ordinance No read
as

1653

as

follows

by Councilmember Torres and first reading by title only by

Holmes Miller Torres

Wilson

NOES Ramos Watson

CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA ADDING CHAPTER 103 TO THE INDIO MUNICIPAL CODE RELATING TO THE USE OF REUSABLE BAGS 8 MANDATORY SPAY AND NEUTERING OF PIT BULL BREEDS

ORDINANCE

OF THE

Jason

Chan Senior Management Analyst reported this breed of dog disproportionately represents 20 percent of dogs impounded and 30 percent of dogs euthanized by the
Riverside

County Department of Animal Services and historically redemption or adoption rates He added of the 4 000 pit bull and pit are euthanized impounded annually 3 000 75
Mr Chan stated Riverside

has

very

low

bull mix

dogs

pit

bull and

pit

bull mix

County adopted an ordinance regulating the reproduction of dogs The County Department of Animal Services is now

5

Page 13 of 267

City Council Meeting April 2 2014 Minutes
Continued

requesting that
adoption
After

its contract cities also
as

adopt

a

similar ordinance

Staff recommends

of the ordinance it

submitted

discussion

was

moved

mandatory spay and neuter of
9

by Mayor Wilson to ADOPT an ordinance requiring pit bull breeds Motion died for lack of a second

the

FILE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND RECEIVE MANAGEMENT LETTER FOR FISCAL YEAR 2013 2012

Rob

Rockwell Finance Director introduced Jay Siegel Auditor representing Moss Hartzheim LLP Mr Siegel reported on the Independent Auditor Levy s Report and
gave a presentation of the Comprehensive Annual Financial Report and Letter for Fiscal Year 2012 2013 Mr Siegel commented things are very s systems and controls There are no findings at all in either audit to city Mr Rockwell stated this is a positive report findings However he added they are

Management
the

good with report on
on

Staff has made certain progress making good progress all around

certain

Councilmember Holmes thanked Staff for their work Councilmember Torres complimented the auditors
Councilmember Miller thanked the
as

all

reports

are

looking good

accounting

staff

Councilmember Ramos Watson thanked all

departments
We all continue to

Mayor
gas

Wilson commented this is

a

team effort

keep

the foot

on

the

PUBLIC HEARINGS NONE
ADJOURN Successor Agency No Items Indio Public Financing No Items Indio Finance No items Indio No Items The

Authority

Authority

Housing Authority

meeting

ADJOURNED at 5 6 7 m p

CYNTHIA HERNANDEZ CMC
CITY CLERK

6

Page 14 of 267

City of Indio Checks
und
101 General

Issued 1 2 3 4 14 8 6 4

ITEM NO 4b
Description
313 REFUND PERMIT 313 REFUND PERMIT 13SALES TAX 12 1113 12113 SALES TAX 1113
3114 1

Fund Fund

Division

Element

Object

Check Date Check
312014 4 2014 413 192190

Vendor Name MISC ALL OTHER REFUNDS REFUND BLDG MISC ENG PLANNING REFUND BLDG MISC ENG PLANNING BOARD OF EQUALIZATION BOARD OF EQUALIZATION CAMPOS ROSALVA

Description 2

Amount 00 100 00 135 68 1 22 308 89 0 13 148 37 40
69 938

General Fund General Fund General Fund General Fund General Fund General
Fund

Deposits Payable Building Permits Document Imaging
Use
Tax

4REFUND CLEAN DEPOSIT 3

192194 192194 192195 192195 192199

2014 413 2014 413 41312014 2014 413

Payable Deposits Deposits Deposits
Dental Insurance

Cash Over Short Youth Services Youth Services Youth Services

REIMBURSEMENT

2014 3 4 192199 CAMPOS ROSALVA
41312014

3114 REIMBURSEMENT 14 REIMBURSEMENT 3 72012 14 INS 00022 3
3121

General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General
Fund

192199 192207 192211

CAMPOS ROSALVA
DELTA CARE USA DODGER TICKETS LLC REFUND BLDG MISC ENG PLANNING MISC ALL OTHER REFUNDS ENG MISCBLDGIPLANNING REFUND REFUNDBLDGIPLANNING MISC ENG

Payroll Payable Senior Program Contrib Zoning Subdivision Deposits Payable Building Permits Document Imaging Building Permits
Witness Fees

41312014 41312014

75 919 410 1 00

TICKETS 29257923

312014 4 192213 402014 192220

3119 REFUND RED 9753 314 REFUND CLEAN DEPOSIT 3114 REFUND PERMIT 3114 REFUND PERMIT 3114 REFUND PERMIT 28 REFUND 13091 3 5128

500 6 00
00 100 00 48 134 32 119 00 275 MR Refund Voucher MR Refund Voucher MR Refund Voucher
MR Refund

312014 4 192242 2014 413 41312014 2014 413 2014 413 192242

REFUNDBLDG ENG PLANNING 192242 MISC
192244

ONETIME VENDORS MISC

General Fund General Fund General General
Fund Fund

Unappiied Payments Unappiied Payments Unapplied Payments Unapplied Payments Payroll Payable Zoning 8 Subdivision Building Permits Payroll Payable Payroll Payable Payroll Payable Payroll Payable Unappiied Payments Unapplied Payments Unapplied Payments Unapplied Payments Unapplied Payments Deposits Payable Payroll Payable Payroll Payable Payroll Payable Payroll Payable Payroll Payable Payroll Payable
Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance

192246 MISC AIR REFUNDS

LOPEZ VICTORIA LOPEZ VICTORIA
LOPEZ VICTORIA MEAGER CHRIS

00 25 00 35 00 25 00 20 71 519 00 750 00 110 17 31 17 31 17 31 17 31

R REFUNDS 2014 3 4 192246 MISC A 192246 MISC R A REFUNDS 2014 3 4 41312014 R A REFUNDS 192249 MISC
192250

Voucher

General Fund General Fund General Fund
General

Long Term Care

2014 413 4132014 4132014

14 LONG TERM CARE MEDAMERICA INSURANCE COMPANY 11 1 REFUNDBLDGIPLANNING MISC ENG REFUND BLDGIPLANNING MISC ENG 3121 REFUND RED 10512
28 3

192262 192264

REFUND PERMIT

Fund

Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance

2014 413 2014 413 2014 413 41312014 41312014 4132014

192266 PRUDENTIAL OVERALL SUPPLY 192266 PRUDENTIAL OVERALL SUPPLY 192266 192266 192274 192275 PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY MISC A R REFUNDS
MISC

4UNIFORM RENTALS 3 11 UNIFORM RENTALS 3 3118 UNIFORM RENTALS 25 UNIFORM RENTALS 3 SAUCEDA DIANA MR Refund
Voucher

General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund

00 30 00 20 00 10 00 30 00 20 00 100 00 180 59 129 59 156 00 180 16 178 66 157

R REFUNDS A

32014 4 192275 312014 4 192276 312014 4 192284 41312014 41312014 41312014 192293 192295 192295

MISC A R REFUNDS MISC A R REFUNDS MISC A R REFUNDS MISC ALL OTHER REFUNDS YELLOW MART STORES YELLOW MART STORES YELLOW MART STORES YELLOW MART STORES YELLOW MART STORES YELLOW MART STORES

SCOTT KELLY SCOTT KELLY
SMITH DAVID TOYS R US 5602 2126 REFUND CLEAN DEPOSIT 3121 SAFETY SHOE PROGRAM 3121 SAFETY SHOE PROGRAM
3121

MR Refund Voucher MR Refund Voucher MR Refund Voucher MR Refund Voucher

192295 312014 4 2014 413 192295

Page 15 of 267
192295

SAFETY SHOE PROGRAM
PROGRAM

3121 SAFETY SHOE

192295 312014 4
2014 413

3121 SAFETY SHOE PROGRAM 21 SAFETY SHOE PROGRAM 3

2014 Date 418

City
rund 01 General
Fund Fund

2 3 4 14 8 6 4 of Indio Checks Issued 1
Check Date Check Vendor Name
326 SOC

Division

Element ent

Object

Description

1

Description 2

Amount 555 58 327 28 484 20 43603 333 096 69 4 225 10 193

General Fund General Funtl General Fund General Funtl General Funtl

rity Taxes xes Payable Payable ayable PER ayable PER Payable

26 7701008 PAYROLL 3 2014 UNITED STATES TREASURY 312612014 UNITED STATES TREASURY 7701008 PAYROLL

SEC WITHHOLDING
WITHHOLDING

326 MEDICARE

STATE OF CA STATE 26 7701009 PAYROLL 3 2014 26 7701010 PAYROLL 3 2014 STATE OF CA SDI PERS RETIREMENT 26 7701011 PAYROLL 3 2014 PERS RETIREMENT 26 7701011 PAYROLL 3 2014

326 STATE WITHHOLDING 26 SDI WITHHOLDING 3 326 PERS 26 PERS 3
ADJ

03 0

General Fund General Fund General
Fund

City Council City Council City Council City Council

Communication Travel 8

Cell Phones Meetings Office Office

312014 4 192192 2014 413 4132014 192233 192247

TMOBILITY AT INDIO CHAMBER OF COMMERCE MARTINEZ DAN S BANK CALCRD CORP PMT YS U

11 PHONE SVCS 2 1112 14 CV BREAKFAST 3
3126

38 9147 00 25 99 134 00 50

Training

Supplies Supplies

General Fund

Supplies Supplies

REIMBURSEMENT

312014 4 192285

14 ASCENCION TORRES 2

General Fund General Fund General Fund

City Manager City Manager City Manager

Travel

Training

Meetings Postage Freight
Office Supplies

312014 4 192233 312014 4 192255 4132014 192285

INDIO CHAMBER OF COMMERCE NORCO DELIVERY SERVICES INC S BANK CALCRD CORP PMT SYS U

3114 CV BREAKFAST 316 DELIVERY SVCS 2114
DAN

00 25 89 9 68 922

Communications

Supplies

MARTINEZ

General Fund

Human

Resources

Professional Services

Legal Services

2014 4 192297 SECRETARY OF STATE

413 SPECIAL FILLING RECRD

00 20

General Fund General Fund General Fund General Fund
General

Youth Services
Youth Services

Outside Services Travel Travel Travel Travel Travel
Travel

Promotional Activities Youth Youth Youth

402014 2014 413 2014 413

192199 CAMPOS ROSALVA
192199

3114 REIMBURSEMENT 3114 REIMBURSEMENT 3114 REIMBURSEMENT 3114 REIMBURSEMENT 3114 REIMBURSEMENT 3 1 4 REIMBURSEMENT 3114 REIMBURSEMENT 14 REIMBURSEMENT 3 14 REIMBURSEMENT 3 3114 REIMBURSEMENT 315 PROGRAM SUPPLIES SNACKS 317 ICE 7PROGRAM SUPPLIES 3 7PROGRAM SUPPLIES 3 317 PROGRAM SUPPLIES 8PROGRAM SUPPLIES 3 318 PROGRAM SUPPLIES

16 9106 52 22 00 91 00 5 00 91 00 20 00 20 00 5 00 6 00 6 97 7 29 11 58 96 79 10 323 92 25 05 87

Training Training Training Training Training Training Training Training Training Training

Programs Programs

CAMPOS ROSALVA CAMPOS ROSALVA

Youth Services Youth Services Youth Services
Youth Services

192199

Fund

General Fund General Fund General Fund General Fund General Fund General Fund General Fund General
Fund

Programs Youth Programs Youth Programs
Youth

192199 CAMPOS ROSALVA 2014 3 4 41312014 2014 413

CAMPOS ROSALVA 192199 CAMPOS ROSALVA
192199 CAMPOS ROSALVA CAMPOS ROSALVA

Youth Services Youth Services Youth Services
Youth

Travel Travel Travel

Programs Youth Programs Youth Programs
Youth

2014 3 4 192199 2014 3 4 192199 312014 4 192199 41312014 192199 192260 192260
192260

CAMPOS ROSALVA CAMPOS ROSALVA
PETTY CASH PETTY CASH TEEN CENTER TEEN CENTER

Services

Programs
Minor

Youth Services Youth Services Youth Services
Youth Services

Supplies
Travel

Small Tools Youth

Eqt

41312014 2014 413
2014 3 4

Programs
Minor Eqt Minor

General Fund General Fund General Fund General Fund

Supplies Supplies
Supplies

Small Tools Small Tools Small Tools Small Tools Small Tools

PETTY CASH TEEN CENTER CASH TEEN CENTER TEEN CENTER TEEN CENTER TEEN CENTER

Youth Services Youth Services Youth Services

Supplies Supplies

Eqt Minor Eqt Minor EqL
Minor

32014 4 192260 4132014 4132014 2014 413 192260 192260 192260

PETTY Page 16 of 267

PETTY CASH PETTY CASH PETTY CASH

EqL

Dale 41812014

City
and
ii General

2 3 4 14 8 6 4 of Indio Checks Issued 1
Check Date CheckO 312014 4 192192 31201 4 413I20i 201 3 4 201 3 4 201 3 4 201 413 413201 Vendor Name TMOBILITY AT FEDEX MOBILE MINI INC MOBILE MINI INC PANIQUE CHESTER H Description 1 1 2 2 PHONE SVCS 1 3114 DELIVERY SVCS 17 STORAGE RNTLSVGS 3 3117 STORAGE RNTL SVGS 19ADMIN HEARING SVCS 3 1 3 BADGES 2
11 14

Description2

Amount 758 62 13 798 8424 15509 00 250 39867 82

Fund Fund

Division Police Atlminisfralion Police Administration Police Administration
Police Administration

Elemen t Communications Communications
Outside

Object Cell
Phones

General Fund General Fund General Fund General Fund General Fund General
Funtl

Postage Rentals Rentals

Freight
8 Leases

g 216
252

Services

Outside Services Professional Services

Leases

Police Administration Police Administation Police Atlminislration Police Administration Police Administration

Professional Serv ices Office Offce

Supplies Supplies
Travel

Supplies Supplies

General Fund General Funtl

Training Training Travel

Training

Training

201 3 4

T

2252 2258

2277 SUN BADGE CO 2277 2285 2285 SUN BADGE CO U S BANK CALCRD CORP PMT SYS
US

BADGES

76 499 51
54000 76 3576

2114 HENRICUS PEETERS 2114 RICHARD TWISS

BANK CALCRD CORP PMT SYS

BANK

SYS

Fund

General

Fund

Fire
Fire

commumcanans

r

General Fund General Fund General Fund
General

S upp lles

Safety Safet y

Equipment

192208 4 2 3 014 32074 4 192214 41312014

DESERTARC EMERGENCY PLANNING

28 SET UP CERT TRNG 2

tlp 56o

Fire Fire Fire Fire Fire Fire Fire

Supp li es
S
upp li
es

Fund

Suppli es Supp li
es

Equipment Safety Equipment Salely Equipment
Office Minor

2128 SEMS TRAINING CONSULTANT
2118 MARKERS 78 METAL ADJ SHELF CART Z 14 DAN TALBOT 2 14 DAN TALBOT 2 2 1 4 MICHAEL YOUNG 14 MICHELLE CALDWELL 2

00 500 58 67 856 78 5226

192267 QUILL CORPORATION

192267 QUILL 32014 4 4132014 192285

CORPORATION

General Fund General Fund General Fund General Fund

Supplies
Minor

S BANK CALCRD CORP PMT SYS U S BANK CALCRD CORP PMT SYS U S BANK CALCRD CORP PMT SYS U S BANK CALCRD CORP PMT SYS U

12 859
97 8603 176 79

Small Tools S upp l ies S upp t ies

Equ il Small Tools Safety Equipment Safety Equipment

Eq1

32014 4 192285 2014 413 2074 413 192285 792285

638 3 43

General Fund General Fund General Fund General Fund General Fund General Fund General
Fund

Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street
Maintenance

Supplies
Professional Services

R

M Street

Supplies

2014 2014 2014 2014 2014 2014 2014 2014 2014 014

192188 AGGREGATE PRODUCTS INC 12 192206 192209 COZAD FOX INC

2127 ASPHALT 313 PROFESSIONAL SVCS 28 LIGHT BULBS 2 2 2 7 REPAIR FUSES 2125 LAMP LIGHTS 315 SAFETY LIGHTS 26 LIGHTS 2 2126 LIGHTS 2121 WIRE 2 2 1 WIRE 6LIGHTS 11

96 9359 00 5560 46 5157 76 181

Professional Services

Supplies Supplies Supplies Supplies
S upp li es S upp lies S upp li es S upp li es

Operating Supplies Operating Supplies

DESERT ELECTRIC SUP PLY

192209 DESERT ELECTRIC SUPPLY 192209 DESERT ELECTRIC SUPPLY 192209 192209 DESERT ELECTRIC SUPPLY DESERT ELECTRIC SUPPLY

07 495
44 262 59 5163

Operating Supplies
Operating Supplies Op erating Supplies
Operating

Street Maintenance Street Maintenance Street Maintenance Street Maintenance

General Fund General Fund General Fund

Supplies Operating Supplies Operating Supplies

Page 17 of 267 192209 DESERT
192209 192209

ELECTRIC SUPPLY

87 14
247 1 27

DESERT ELECTRIC SUPPLY DESERT ELECTRIC SUPPLY

288 1 32
541 2 18

192209 DESERT ELECTRIC SUPPLY

Date 4 812014

City
Fund

of Indio Checks Issued 1 4 14 3126 8 4

64 3 Fund Fund Fund Fund
Fund Street

Maintenance

Professional Services Supplies Supplies Professional Services Professional Services

Professional Services Office Office

2014 413

192261

10

INC

0 SOIL BINDERS 8 SAFETY POSTERS
6 SAFETY

Street Maintenance Street Maintenance Street Maintenance Street Maintenance
Street Maintenance

Supplies Supplies

312014 4 192267 312014 4 192267 2014 413 2014 413 2014 3 4 2014 413 41312014 41312014 192272 192278
192283

ILL CORPORATION ILL CORPORATION S FENCE COMPANY M SEALING
PS

POSTERS

Professional Services Professional Services

4 INSTALL COVER PAINT PEDXING 7 SIGNS CLOSURE LANES 1 TRAFFIC DOTS 8 LANE CLOSURE SIGNS 8 SIGNS TRAFFIC CNTRL 8 TRAFFIC CNTRL SIGNS 1 SIGNS
1 SIGNS

STRIPPING INC

Fund Fund Fund Fund Fund Fund Fund Fund
Fund Fund

Street Maintenance Street Maintenance Street Maintenance
Street

Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies
Supplies

Operating Supplies Operating Supplies Operating Supplies Operating Supplies Operating Supplies Operating Supplies
R M Street

N BARRICADES

192283 192263 192283

PS N BARRICADES PS N BARRICADES PS N BARRICADES
PS

Maintenance

32014 4 192283 32014 4 192283 32014 4 192283 32014 4 192283
2014 3 4 192283

N BARRICADES

Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street
Maintenance

PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES PS N BARRICADES DERGROUND SERVICE ALERT

Supplies

Operating Supplies R M Street Supplies R M Street Supplies Operating Supplies Operating Supplies Operating Supplies R M Street Supplies
R R R M Street

i SIGNS i SIGNS
0

2

41312014 2014 413 41312014 41312014 4132014
4132014

192283 192283 192283 192283 192283 192283

SIGNS

Fund Fund Fund Fund Fund Fund Fund Fund

Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance Street Maintenance

Supplies Supplies Supplies
Supplies

8 SIGNS

8 SIGNS
8 1

SIGNS SIGNS 584 4 728 4

Supplies Supplies Supplies
Professional Services

Supplies M Street Supplies M Street Supplies

9 SIGNS 8 SIGNS NO PARKING
5

312014 4 192283 32014 4 192283 192286 4 3 12014

SIGNS

Professional Services

MONTHLY SVCS

General Fund

Enalneenno

Communications

Cell

Phones

I

41312014

1

192192

T MOBILITY AT

1 1 2 2 PHONE SVCS 1

4511 40

General Fund

Buili ina Safety

Professional

Services

Plan

Check Services

2014 1192270 3 4

IRKA CIVIL

ENGINEERS

13 PROFESSIONAL 19

SVCS

1

118 1 0011

General Fund
General Fund

Code Enforcement Code Enforcement

Small Tools Small Toots

Minor Minor

Equit Small Tools Equil Small Tools

Minor

Eqt

2014 413 2014 413

192277 192277

SUN BADGE CO SUN BADGE CO

2113 BADGES 2113
BADGES

408 75 8405

Minor Eqt

Page 18 of 267
Fund Fund Development

Travel Training Development Planninc Travel 8 Training

Planninc

Put Subscriptions Dues

32014 4

192189

Training

32014 4 192285

BANK CALCRD CORP PMT SYS

14 JOSEPH 12

LIM

1 364

Dale 4 812014

2 3 4 14 8 6 4 City of Indio Checks Issued 1
Division Parks Parks Parks
Parks

Fund
101

Fund General
Fund

Elemenl Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

Object
Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric
Electric

Check Date 41312014 41312014 41312014

Check
192232

Vendor Name IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT

Description

1

Description

2

Amount

Parkways

2 1 4 ELECTRIC SVGS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS
14 2 14 2

4 59 54

General Fund General Fund General Fund General Fund General Fund General Fund General
Fund

Parkways Parkways Parkways
Parkways

192232 192232

11

46 4
195021

2014 3 4 192232 2014 3 4 192232 41312014
41312014

35 4

Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks

Parkways
Parkways

192232 192232 192232 192232

ELECTRIC SVCS ELECTRIC SVCS

841 58
77 435 121

Parkways Parkways Parkways Parkways
Parkways

Utilities Utilities Utilities
Utilities

2014 413 2014 413

14 ELECTRIC SVC S 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS
2114

201

9 4 051 47
97 102 93 138

General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General
Fund

192232 2014 3 4 4131 2014 192232

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

192232 2014 3 4

301 5

Parkways Parkways Parkways Parkways Parkways Parkways Parkways
Parkways

2014 3 4 192232 IMPERIAL IRRIGATION DISTRICT 192232 4 3 12014 41312014 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT

501 168
831 931

041 23
51 79 51 27 51 92

2014 3 4 192232 2014 413 41312014 4132014 192232

Electric Electric Electric Electric Electric Electric

192232 IMPERIAL IRRIGATION DISTRICT 192232 IMPERIAL IRRIGATION DISTRICT

ELECTRIC SVCS

78 325 93 116 64 117 66 143 70 175 35 394 00 760

192232 IMPERIAL IRRIGATION DISTRICT 2014 3 4 2014 413 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT RAIN MASTER IRRIGATION SYSTEMS ROTO ROOTER
It

2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS GENERAL FUND AREAS DAVIS FIELD RESTROOMS

Parkways Parkways Parkways Parkways
Parkways

Utilities Utilities Utilities Outside
Outside

312014 4 192232 41312014 Other Grnds 192232

General Fund General Fund General Fund

Repair Repair

Maint Maint

61dg Landscap Blgd Grnds

192268 2014 3 4
2014 3 4

192271

192285

210 State Gas Tax Fund State Gas
Tax Fund

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities

Electric Electric Electric Electric Electric Electric Electric Electric Electric

2014 413 2014 413 41312014 41312014 41312014

192232 192232 192232 192232

IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT

2114 ELECTRIC SVCS
2114

88 25 3723 34 03

ELECTRIC SVCS

State Gas Tax Fund State
Gas Tax Fund

2114 ELECTRIC SVCS
14 2

ELECTRIC SVCS

State Gas Tax Fund State Gas Tax Fund Slate Gas Tax Fund State
Gas Tax Fund

192232 IMPERIAL IRRIGATION DISTRICT

14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2 1 4 ELECTRIC SVCS

38 106 53 5
599901

2014 3 4 192232 IMPERIAL IRRIGATION DISTRICT 2014 3 4 192232 IMPERIAL IRRIGATION DISTRICT 41312014 41312014 192232 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT

Page 19 of 267

111 4
70 331 136561

State Gas Tax Fund

Date 4 2014 8

City
Fund Fund
Fund

2 3 14 1 8 6 of Indio Checks Issued 4
Check Date Check 0
IMPERIAL Vendor Name

Division Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

Element Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric

Object

Description
2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114
ELECTRIC SVCS

Description 2

Amount 34 39 16 69 84 76 33 44 99 80 93 35 28 115 3841 31 154 41 38 25 63 11 21 60 65 95 41 10 114 71 72
89 73

210 State Gas Tax

2014 3 4 192232 312014 4 192232 312014 4 192232 2014 413 4132014 41312014 2014 413

IRRIGATION DISTRICT

State Gas Tax Fund State Gas Tax
Fund

IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT

State Gas Tax Fund State Gas Tax
Fund

192232 IMPERIAL IRRIGATION DISTRICT
192232

2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2 1 4 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC
SVCS

IMPERIAL IRRIGATION DISTRICT

State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas
State Gas State Tax Fund

192232 IMPERIAL IRRIGATION DISTRICT 192232 IMPERIAL IRRIGATION DISTRICT

2014 3 4 192232 IMPERIAL IRRIGATION DISTRICT
192232 IMPERIAL IRRIGATION DISTRICT 4 2 3 014

Tax Fund

41312014

192232 IMPERIAL

IRRIGATION

DISTRICT

Gas Tax Fund

2014 3 4 192232 2014 413 41312014
4132014

IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
DISTRICT

2114 ELECTRIC SVCS

State Gas Tax Fund State Gas Tax Fund
State Gas Tax Fund

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

192232 192232 192232 192232 192232 192232 192232 192232 192232 192232

14 ELECTRIC 2

SVCS

2114 ELECTRIC SVCS 2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS
2114 ELECTRIC

State Gas Tax Fund
State

41312014 41312014 2014 413 2014 413 41312014 4132014 2014 413

Gas Tax Fund

SVCS

State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax
Fund

2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC 2
SVCS

90 235 20 270 03 5282 55 246 86 183 60 324 50 440 24 50 91 248 47 215 60 52 61 66 29 72 51 45
34 583

192232 32014 4
4132014 192232

2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2 2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS
2114

2014 3 4 192232 2014 413 2014 413
2014 3 4

State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
State Gas Tax

192232 192232
192232

Utilities Utilities Utilities
Utilities

Fund

2014 3 4 192232 IMPERIAL IRRIGATION 41312014 41312014 41312014

ELECTRIC SVCS

State Gas Tax Fund Stale Gas Tax Fund State Gas Tax Fund
State Gas Tax Fund

192232 IMPERIAL IRRIGATION DISTRICT 192232 192232 IMPERIAL IRRIGATION DISTRICT
IMPERIAL IRRIGATION

2114 ELECTRIC SVCS 2 1 4 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC
SVCS

Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

DISTRICT

312014 4 192232 32014 4 192232 312014 4 192232 312014 4 192232 192232 2014 3 4 312014 4 192232
41312014 192232

IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT DISTRICT DISTRICT

State Gas Tax Fund State Gas Tax Fund
State Gas Tax Fund

14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS

16 71 75 42 07 62 61 66 88 43 5014 88 43

State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund

Utilities Utilities Utilities

Page 20 of 267 IMPERIAL IRRIGATION
IMPERIAL IRRIGATION

4132014

192232

IMPERIAL IRRIGATION DISTRICT

Date 4 2014 6

City of Indio
Fund Fund Division
Utilities Utilities

Checks Issued 1 2 3 4 14 8 6 4

Element Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric

Object

Check Date Check 2014 413

Vendor Name
14 2

Description 1 ELECTRIC SVCS

Description

2

Amount 56 123 76 137 84 76 56 99 38 56 43 77 99 80 81 79 24 50
59 539

210 State Gas Tax Fund Stale Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
Stale Gas Tax Fund

192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT
DISTRICT

2014 3 4 192232 312014 4 192232
312014 4 192232

14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2
14 ELECTRIC SVCS 2

Utilities Utilities Utilities Utilities Utilities
Utilities

312014 4 192232 IMPERIAL IRRIGATION 312014 4 192232 41312014 41312014
41312014

IMPERIAL IRRIGATION DISTRICT

14 ELECTRIC SVCS 2 2 1 4 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2 1 4 ELECTRIC SVCS
14 ELECTRIC SVCS 2

State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
State Gas

192232 IMPERIAL IRRIGATION DISTRICT 192232 192232 192232 192232 192232 192232 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

2014 413 2014 413 41312014 2014 413 2014 413 2014 413 2014 413 2014 413 2014 413 2014 413

2 1 4 ELECTRIC SVCS 14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2 14 ELECTRIC 2
SVCS

80 66 34 57 38 56 03 70 28 102 72 98 30 5 93 60 11 4 62 78 34 57 64 104 00 107 38 56 93 60 11 4 52 57 74 67 30 18 99 80 43 64 78 53 06 37 60 52 5910 24 50 70 59 60 52

Tax Fund

192232 IMPERIAL IRRIGATION DISTRICT 192232 192232 192232 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT

State Gas Tax Fund

14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2
14 2

State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
State Gas

2014 3 4 192232 2014 3 4 192232 2014 3 4 192232 2014 413 41312014
192232

Tax

Fund

State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas
Tax

192232 IMPERIAL IRRIGATION DISTRICT

312014 4 192232 IMPERIAL IRRIGATION DISTRICT 312014 4 192232 IMPERIAL IRRIGATION DISTRICT
32014 4 192232

Fund

State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund State Gas Tax Fund
State Gas Tax Fund

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities

IMPERIAL IRRIGATION DISTRICT

32014 4 192232 IMPERIAL IRRIGATION DISTRICT 32014 4 192232 IMPERIAL IRRIGATION DISTRICT 2014 3 4 192232 2014 413 192232 IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT DISTRICT

2014 3 4 192232 2014 3 4 192232 2014 3 4 192232 2014 413 192232

ELECTRIC SVCS

2014 413 41312014 41312014 41312014

Page 21 of 267 192232 IMPERIAL IRRIGATION
192232

14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2
14 2

IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL

ELECTRIC SVCS

State Gas Tax Fund State Gas Tax Fund

192232

2114 ELECTRIC SVCS

Date 418 2014

City

2 3 4 14 8 6 4 of Indio Checks Issued 1

Gas

Tax Fund

Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

Electric Electric Electric Electric Electric Electric Electric Electric
Electric

41312014 4132014 312014 4 2014 413 2014 413 41312014 41312014 4132014 41312014 2014 3 4 41312014 4132014 4132014

192232 192232
192232

IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT IRRIGATION DISTRICT

4

ELECTRIC SVCS
SVCS

Gas Tax Fund

4 ELECTRIC

Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund
Gas Tax Fund

4 ELECTRIC SVCS 4 ELECTRIC SVCS
4

21 18 11

192232 192232 192232
192232

ELECTRIC SVCS

4 ELECTRIC SVCS 4 ELECTRIC SVCS 4 ELECTRIC SVCS
4 ELECTRIC SVCS 4

31 131 1E 29

192232 192232
192232

Utilities Utilities Utilities Utilities
Utilities

Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric Electric R 8 M Street

ELECTRIC SVCS

Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas
Tax

192232 192232 192232

4 ELECTRIC SVCS 4 ELECTRIC SVCS 4 ELECTRIC SVCS
4 4

Fund Fund

Utilities Utilities Utilities Utilities
Utilities

192232 312014 4 41312014 192232

ELECTRIC SVCS ELECTRIC SVCS

Gas Tax

Gas

Tax Fund

312014 4 192232 2014 413 192232

4 ELECTRIC SVCS 4 ELECTRIC SVCS 4 ELECTRIC SVCS
4

Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund Gas Tax Fund

32014 4 192232 2014 3 4 192232 4132014 41312014 192232
192232

10 43 30 47 34 64 05 36 72 85 15 43 80 66 339 1 20

Utilities Utilities Utilities
Utilities

ELECTRIC SVCS

4 ELECTRIC SVCS 4 ELECTRIC SVCS
4

312014 4 192232 2014 413
312014 4

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192232 192232 192248

4 ELECTRIC SVCS 4 ELECTRIC SVCS 8 DECALS

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2014 413

Construction Services Construction Services

32014 4 192269 41312014 192269

CONSULTING CO OFMICHAEL CONSULTING CO OF MICHAEL

30 PROFESSIONAL SVCS 4 PROFESSIONAL SVCS

752 2 86
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00 575

19 115

Page 22 of 267
Services Dev Block Grt Services Auditing
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2014 3 4

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26 530 99 54

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2014 3 4 192232 2014 3 4 192241 192241 312014 4

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2014 413

192232

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312014 4 192241 2014 413 192241

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2014 3 4 192232 41312014 192232

IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY

2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 14 WATER SVCS 2 2114 WATER SVCS 2 1 4 WATER SVCS 14 WATER SVCS 2 2114 WATER SVCS 2114 WATER SVCS

461 4
30 5 11 4 4128 15 438 99 54 39 95 26 176 61 11 95 11

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2014 3 4 192232 2014 3 4 192241 2014 413
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192241 192241

2014 3 4 192241 192241 2014 3 4 2014 413 192241 192268

lgd

8 Grnds Landscap 41312014

RAIN MASTER IRRIGATION SYSTEMS It WHISPERING PALMS

246 LLD
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4132014 41312014

192232 192241

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59622

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2014 3 4 192241

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29 100

2014 4131

Date 4 812014

2 3 4 14 8 6 4 City of Indio Checks Issued 1
Fund Fund 11 Division
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Element Water Water

Object

Check Date Check k 2014 413 192241

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Description WATER SVCS

1

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17 192 68 180

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2014 3 4 192241

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14 WATER SVCS 2

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2014 3 4

192241

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2014 3 4 192232 2014 3 4 192241 2014 3 4 192241
41312014

IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY

2114 ELECTRIC SVCS 2114 WATER SVCS 2114 WATER SVCS 14 WATER SVCS 2

22 296 48 16 50 188 26 30

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192241

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2014 3 4 192232 2014 3 4 192241

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46 4 22 96

254 LLD
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2014 3 4 192210 DESERT STEEL SUPPLY 2074 3 4 192222 HOME DEPOT CREDIT SERVICES 2014 3 4 192232 IMPERIAL IRRIGATION DISTRICT 2014 3 4 192241 INDIO WATER AUTHORITY

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255

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257 LLD Encanto Fund 18

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2014 3 4 192241

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45 978

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Palm Meadows Palm Meadows

19 19 19 19
19

Utilities Utilities Utilities Utilities Utilities
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2014 3 4 192232 41312014 192232

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14 2

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2014 3 4 192241 2014 3 4 192241 312014 4 192241 32014 4 192241

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Page 24 of 267

LLD

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19

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Date 418 2014

26 3 14 City of Indio Checks Issued 418
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and
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Element Water

Object

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Vendor

Name

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INDIO WATER AUTHORITY

62 201

22

263 LLD California Palm

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192241 INDIO WATER AUTHORITY 2014 3 4

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312014 4 192241

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25 25

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41312014
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192232 192241

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2014 3 4 192241

65 145

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26
26

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312014 4 192232 IMPERIAL IRRIGATION DISTRICT 41312014 192232 IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY RAIN MASTER IRRIGATION SYSTEMS

2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS
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30 5 85 21 87 146 51 541 35 160 98 208
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192241 312014 4

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26 Rincon Homes 26
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2014 413 41312014 41312014

192232

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94 4 58 4 11 4 12 159 65 145

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2014 3 4 192241 192241 4 2 3 014 41312014 41312014 192241 192241

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27 27 27 27

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98 54 95 11

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2014 3 4 192232 41312014 41312014
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IMPERIAL IRRIGATION

DISTRICT

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25 5
11 4 65 145 65 145 65 145 14565 40 193 67 317

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312014 4 192241 41312014

Page 25 of 267
192241

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192241 32014 4

Date 4 2014 8

24 3 1 8 4 6 City of Indio Checks Issued 14
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Fund

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Division

Element

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Check Date Check

Name

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312014 4 192232

IMPERIAL IRRIGATION DISTRICT
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312014 4 192232 IMPERIAL IRRIGATION 41312014 4132014 41312014 41312014 41312014 41312014 41312014
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2014 3 4 192241

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272 LLD
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2014 3 4 192241 2014 3 4 192247 2014 3 4 192241

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30 5 11 4 11 4 22 96 23628

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312014 4 192241

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14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 WATER SVCS 2114 WATER SVCS

29 128 30 5 30 5 41285 47 390

34 Madison Ranch 34 34

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2014 3 4 192241

Page 26 of 267
275 LLD

Coma Bella 35

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2014 3 4 192241 2074 3 4 192241

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14 WATER SVCS 2 2114 WATER SVCS

36 219 22 78

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35

Date 4 812014

City of Indio
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Fund
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Division
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Object
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Check Date 2014 413 2014 3 4 2014 3 4

Check 192222 192232

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39

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192241 192241

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2014 413
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192232
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2014 413 41312014 2014 413
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192232 192232 192232
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2014 413 41312014 2014 413

192241 192241 192241

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2014 413 2014 413

192241 192241

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2014 413

192241

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2014 3 4 192241 41312014 192241

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312014 4 192241

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11 4 11 4

46

Page 27 of 267
287 LLD Rancho Verde 47 Rancho Verde LLD Ulililies Utilities Water Water 2014 413 192241 INDIO WATER AUTHORITY INDIO WATER AUTHORITY 14 WATER SVCS 2 14 WATER SVCS 2 63 62 48 102

47

2014 3 4 192241

2014 8 Date 4

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32014 4 192195 41312014 192203

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192204 2014 3 4

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32014 4

COLA COMPANY 192205 COCA ELECTRIC CAR DISTRIBUTORS INC FARMER BROTHERS CO IMPERIAL IRRIGATION DISTRICT IMPERIAL
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192232 312014 4
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DISTRICT

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41312014 2014 413 2014 413 4132014

192241 192265 192279 192279

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312014 4 192222 HOME DEPOT CREDIT SERVICES 312014 4 192222 HOME DEPOT CREDIT SERVICES 41312014 192222
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Supplies
Minor

2014 3 4 192222 312014 4 192222 32014 4 192232 312014 4 192232 41312014 41312014 192232

Small Tools Electric Electric Electric Electric Electric
Electric

25 254 953 1 03 82 5105 999 4 32 54 11 48 142 44 66 11 4

2 1 4 ELECTRIC SVCS 2114 ELECTRIC SVCS 14 ELECTRIC SVCS 2 2114 ELECTRIC SVCS
2114

IMPERIAL Page 192232 29 of 267

Grounds Fund Grounds Fund Grounds Fund

2014 3 4 192232 2014 3 4 192232 41312014 192232

IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT IMPERIAL IRRIGATION DISTRICT

ELECTRIC SVCS

14 ELECTRIC SVCS 2 14 ELECTRIC SVCS 2

Electric

Date 4 2014 8

City
rund 04 Fund Division Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

24 3 1 8 4 6 of Indio Checks Issued 14

Element Electric Water Water
Water

Object

Check Date 32014 4

Check a

Vendor Name

Description

1

Description

2

Amount

Buildings Buildings
Buildings

Grounds Fund Grounds Fund Grounds
Fund

192232

IMPERIAL IRRIGATION DISTRICT INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER
AUTHORITY

14 ELECTRIC SVCS 2 14 WATER SVCS 2
2114 WATER SVCS

41 310 57 23 68 31 57 23 57 23 54 46 57 23 57 23 12 247 88 38 80 467
41 5137

312014 4 192241 32014 4 192241 2014 413
312014 4

Buildings Buildings Buildings Buildings Buildings Buildings Buildings
Buildings

Grounds Fund Grounds Fund
Grounds

192241 192241 192241 192241

14 WATER SVCS 2 2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2 1 4 WATER SVCS 14 WATER SVCS 2
14 WATER SVCS 2

Water Water Water Water Water Water Water Water Water Water Water Water Water
Water

Fund

2014 413 4132014

Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
INDIO WATER

Utilities Utilities Utilities Utilities
Utilities

2014 3 4 192241
312014 4

192241

192241 32014 4

AUTHORITY

312014 4 192241 402014 192241

INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY

Buildings Buildings Buildings Buildings
Buildings Buildings

Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds

2114 WATER SVCS 14 WATER SVCS 2 14 WATER SVCS 2 14 WATER SVCS 2
14 2

Utilities Utilities Utilities
Utilities Utilities

2014 3 4 192241 2014 413 192241

43 167 35 159 47 108 40 172 36 132 77 12441 37 5277 50 56 55 15 01 213 55 15 24 9 77 88 551
21 598

2014 3 4 192241 2014 3 4 192241 2014 413 192241

Fund
Fund

WATER SVCS

Grounds

14 WATER SVCS 2 2 1 4 WATER SVCS 14 WATER SVCS 2 2114 WATER SVCS
2114

Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings

Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

312014 4 192241 41312014
41312014

Water Water Water Water Water Water Water
Water

192241 192241 192241 192241

2014 413 41312014

WATER SVCS

14 WATER SVCS 2 2114 WATER SVCS
2114

312014 4 192241 312014 4 192241 4132014 192241

WATER SVCS

2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS
2114

Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

312014 4 192241
2014 413 192241

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

Water Water Water Water Water Water Water Water Water Water
Water

2014 413

192241

WATER

SVCS

2014 3 4 192241 INDIO WATER AUTHORITY 2014 3 4 192241 INDIO WATER AUTHORITY 32014 4 192241 INDIO WATER AUTHORITY 2014 413 2014 413 0312014 4732014 192241 192241 192241 192241 INDIO WATER AUTHORITY INOIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY

2114 WATER SVCS 14 WATER SVCS 2 2114 WATER SVCS
14 WATER SVCS 2

31 64 78 105 98 114
37 152

Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

14 WATER SVCS 2 14 WATER SVCS 2 2114 WATER SVCS 2 1 4 WATER SVCS 2114 WATER SVCS
14 WATER SVCS 2

56 98 93 116 32 102 73 154

32014 4 192241 192241 2014 3 4
2014 3 4

INDIO WATER AUTHORITY Page 30 of 267 INDIO WATER AUTHORITY
INDIO WATER

657 4 04
27 507 98 866

Grounds Fund Grounds Fund

Utilities Utilities

Water Water

192241 192241

AUTHORITY

4132014

INDIO WATER AUTHORITY

2114 WATER SVCS

Date 418 2014

City
and 14 Fund Division Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

of Indio Checks Issued 14 24 3 1 8 4 6

Element
Water

Object

Check Date 41312014 41312014
41312014 32014 4

Check 192241 192241 192241
192241 INDIO

Vendor Name WATER AUTHORITY

Description 1 2114 WATER SVCS 2114 WATER SVCS 14 WATER SVCS 2 2114 WATER SVCS 14 WATER SVCS 2
2114

Description 2

Amount 59710
41 143

Buildings Buildings Buildings
Buildings

Grounds Fund Grounds Fund Grounds Fund
Grounds

Water
Water

INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO
WATER

88 51 01 100 70 29 41 124 52 91 28 252 21 201 55 15 31 78 009 1 83 70 16 84 179 80 407 94 93 65 669 14113 82 204 04 679 76 622 55 266 18 203 96 469 88 51 65 57 48 164 02 122 04 146 8244 07 187 55 28 01 32 11 335 32 102 33 262 41 137 29 181 62 276

Fund

Water Water Water Water
Water

Buildings
Buildings Buildings

Grounds Fund

2014 3 4 192241 2014 413
2014 413

AUTHORITY

Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds
Fund

192241 192241

INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO
WATER

WATER SVCS

14 WATER SVCS 2 14 WATER SVCS 2 2114 WATER SVCS 2 1 4 WATER SVCS 2114
WATER SVGS

Buildings Buildings
Buildings

Utilities Utilities Utilities
Utilities

2014 3 4 192241 2014 413 192241

Water Water Water
Water

2014 3 4 192241 41312014 192241

AUTHORITY

Buildings Buildings Buildings Buildings
Buildings Buildings

INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER
AUTHORITY

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

312014 4 192241 4132014 41312014 192241
192241

14 WATER SVCS 2 2114 WATER SVCS 2114 WATER SVCS
14 2

Water Water Water
Water

312014 4 192241 192241 312014 4 4132014 192241

WATER SVCS

Grounds Fund Grounds Fund Grounds Fund
Grounds Fund Grounds Fund Grounds Fund

2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS
14 WATER 2

Buildings Buildings Buildings
Buildings

Water Water Water Water Water Water
Water

192241 4 2 3 014 2014 3 4 192241 2014 3 4 192241 2014 413 2014 413 41312014 41312014 192241 192241 192241 192241

Buildings Buildings
Buildings

INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY

SVCS

Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

2114 WATER SVCS 14 WATER SVCS 2 14 WATER SVCS 2
2114

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities

Buildings Buildings Buildings Buildings Buildings Buildings
Buildings

Water Water Water Water Water Water Water Water Water Water Water Water Water Water Water

32014 4 192241 2014 413 2014 413 402014 192241 192241
192241

WATER SVCS

14 WATER SVCS 2 2114 WATER SVCS 2 1 4 WATER SVCS
2114 WATER SVCS

Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

312014 4 192241 41312014 41312014 41312014 2014 413 402014 192241 192241 192241 192241 192241

2114 WATER SVCS 2114 WATER SVCS
14 2

Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings

Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund

WATER SVCS

2114 WATER SVCS 2114 WATER SVCS 14 WATER 2
SVCS

32014 4 192241 2014 3 4 192241 2014 3 4 192241 2014 3 4 192241 41312014 192241

Page 31 of 267 INDIO WATER AUTHORITY
INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY

2114 WATER SVCS 2114 WATER SVCS 14 WATER SVCS 2 2114 WATER SVCS

Date 418 2014

24 3 1 8 4 6 City of Indio Checks Issued 14
und 04 Fund Division Utilities Utilities Utilities Utilities Utilities Utilities
Utilities

Element Water Water Water
Water

Object

Check Date 2014 413

Check 192241

Vendor Name IN010 WATER
AUTHORITY 14 2

Description WATER SVCS

i

Description

2

Amount

Buildings Buildings Buildings
Buildings

Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

32 665 03 142 61 653 99 648 63 36 49 145 24 76 88 38 76 184 32 34 75 155 97 68 23 340 51 72 41 146 88 51 55 15 10 253 28 191 21 56 00 250 00 360 00 5385 719 2 00 00 826 00 125 00 1 87 29 17 36 67 78 30 42 07 47 20 24 49 43 17 36 7867 30 42 07 47 20 24

2014 3 4 192241 192241 4 2 3 014 312014 4 192241 41312014 41312014
192241

INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY
INDIO WATER

2114 WATER SVCS

2114 WATER SVCS 2114 WATER SVCS 2114 WATER SVCS 2 1 4 WATER
SVCS

Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings
Buildings

Water Water Water Water Water Water Water Water Water Water Water Water Water
Water

192241

312014 4 192241 2014 413 41312014 192241
192241

14 WATER SVCS 2 2 1 4 WATER SVCS 14 WATER SVCS 2 2114 WATER
SVCS

Utilities Utilities Utilities Utilities
Utilities

AUTHORITY

32014 4 192241 2014 42 192241

INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY INDIO WATER AUTHORITY KILLER BEE PEST CONTROL MIJACALARM MIJAC ALARM PALMS TO PINES MIRROR

2114 WATER SVCS 2114 WATER SVCS 14 WATER SVCS 2 2 1 4 WATER SVCS
14 2

Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

2014 3 4 192241 312014 4 192241
312014 4 192241

Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Outside

2014 413 2014 413

192241 192241

WATER SVCS

14 WATER SVCS 2 2 1 4 WATER SVCS 14 WATER SVCS 2 2 1 4 WATER SVCS 2114 WATER SVCS FIRE STATION 5 316 PANIC BUTTON INSTALL 316 PANIC BUTTON INSTALL GLASS INC 317 BOARD WINDOW COVER CORPORATE YARD EOO EQUIPMENT SHOP LUIS MORAN PROSHOP CORPORATE YARD CITY HALL WD TEEN CENTER
SENIOR

2014 3 4 192241 192241 4 2 3 014
2014 3 4 192241

Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

Water Water

41312014

192241

Repair

Maint

Contractual Services Contractual Services Outside
Outside

Pest Cam Grnds Bldg Security Services

312014 4 192243 312014 4 192251 41312014 192251 192257 192259
192259

Security Services
Outside
Outside

Repair Repair Repair

Maint
Maint

Repair Repair

Maint Maint Maint

41312014 4132014
41312014

S JANITORIAL SERVICE PAUL S JANITORIAL SERVICE PAUL PRAXAIR PRAXAIR PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY

Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings Buildings

Outside

Maint

Outside Repair R M

Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies

Supplies
Minor

2014 413

192263

Small Tools Janitorial Janitorial

Eqt

312014 4 192263 41312014 192256

Supplies

Supplies Janitorial Supplies Janitorial Supplies
Janitorial Janitorial

2014 3 4 192266 2014 3 4 192266
41312014

192266 192266 192266 192266

Grounds Fund Grounds Fund Grounds Fund Grounds Fund
Grounds Fund

Supplies Supplies Janitorial Supplies
Janitorial
Janitorial

2014 413 2014 413 2014 413

CENTER

PROSHOP CORPORATE YARD CITY HALL WD TEEN CENTER

Supplies

2014 3 4 192266 32014 4 192266 2014 3 4 192266 41312014 192266

PRUDENTIAL OVERALL SUPPLY Page 32 of 267 PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY

Grounds Fund Grounds Fund

Supplies Janitorial Supplies
Janitorial

Supplies

Date 4 2014 8

City
Ind

24 3 1 8 4 6 of Indio Checks Issued 14

Fund

Division

Element

4 Buildings 8 Grounds Fund

Supplies

R 8M

Object Supplies

Check Date Check a

Vendor Name IPD

Description

1

Description 2

Amount 84 51

192291 VALLEY LOCK 8 SAFE 312014 4

505 Fleet Maintenance Fund

Use Tax Payable

312014 4 192195

BOARD OF EQUALIZATION

13 SALES TAX 1 13 12

11 310

506 Centralized Services

Fund

Supplies
Contractual Services Professional Services Communications Contractual Services

Office

Centralized Services Fund Centralized Services Fund Centralized Services Fund
Centralized

Supplies Banking Services Auditing Services
Communications

32014 4 192187 2014 413 2014 413 2014 413 2014 413 192202 192253 192281
192285

ACOM

CHANDLER ASSET

122 CHECKS TAX FREIGHT SOLUTIONS INC MANAGEMENT INC 2114 MANAGEMENT FEE 26 AUDIT SVCS 2 3114 BUS CLASS PRI 2114 MICHAEL YOUNG 4114 REIMBURSEMENT FAC BUDGET SUP

48 5116 00 388 51

MOSS LEVY 8 HARTZHEIM LLP TIME WARNER CABLE S BANK CALCRD CORP PMT SYS U KINDER BRIAN

00 479 57
10 530 51 95 539 67 80

Services Fund

Centralized Services Fund

Supplies

Banking Services Office Supplies

412014 4 192298

r0212012

ADS Refinance

Professional Services

Professional Services

312014 4 192294

WILLDAN FINANCIAL SERVICES

2 2 8 ARBITRAGE REBATE SVC

00 900 51

r23 AD 2003 5 Sunburst

Professional Services

Professional Services

312014 4 192294

WILLDAN FINANCIAL SERVICES

373

ARBITRAGE REBATE SVC

00 900 51

r27 AD 2004 3 Desert Trace

Professional Services

Professional Services

2014 413

192287

UNION BANK OF CALIFORNIA

14 IMP BONDS SER 2005 2

978 1 00

03

1C

iimalec Debl

Debt Service Debt
Service

Climatec Debt

Principal Expense Interest Expense

192273 4 2 3 014 32014 4 192273

SANTANDER BANK N A SANTANDER BANK N A

6 HVAC 3 316 HVAC

317 44 981 46 321 58

041Lease

Rev Bond 2007A

I

Debt

Service

Payments

to

Fiscal

AgeQ

2014 3 4 192287

BUNION

BANK OF CALIFORNIA

14 REVENUE BONDS 2007A 2

190 2 0011

Services

1 41312014

1192294

Page 33 of 267

955

ITEM NO 4c

SECOND READING
ORDINANCE NO 1652
ORDINANCE THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA AMENDING CHAPTER 114 OF THE INDIO CODE OF ORDINANCES REGARDING OF

VENDING FROM PUSHCARTS AND MOBILE FOOD VENDORS
THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS Section 1 A mobile The

City Council hereby specifically

finds

as

follows to

California Vehicle Code Section 22455 allows
in order to

municipalities
XI

regulate
7

vending

protect public safety

and

Article power

Section to

of the
in

California Constitution extends to municipalities the furtherance of public health and welfare B such
as

police

authority

regulate

Pushcarts and mobile food vendors create the but not limited to food for

potential for safety hazards pedestrians encouraging including children to cross mid

block to

purchase

C mobile food

The act of

looking

vending

vehicle makes the

vehicular traffic
obvious traffic and D

When done

by

a

safety

risks to the

prospective buyers while operating a pushcart or operator less attentive to pedestrian and vending vehicle on public roadways this poses public which the City seeks to prevent

Mobile food

vendors who fail to

transaction attract prospective and public safety hazard E Venders

buyers

onto

park their vehicles correctly during a public roadways creating a further traffic

operating a pushcart or mobile food vending vehicle need to be easily recognized by the City s Code Enforcement to ensure identification of the responsible parties for the pushcarts or vending vehicles
F

speed High
in

roads and

individuals

vehicles

pose accidents

a on

grave

danger to speed roads high

both

are

Vending

vehicles
cross

stopping

on

speed high
a

roads to vend and

pedestrians
G

the street lead to

pedestrians and dangerous inhibiting visibility as
more

greater potential

for very serious accidents in

City has an important and substantial public interest regulations prevent safety traffic and health hazards as well as to peace safety and welfare of the community
to Section 2 The

The

providing

preserve the

City Council hereby specifically
are

finds that all of the facts set

forth in the recitals of this Ordinance

true and correct

Page 34 of 267

Section 3 amended in its

Chapter 114 entirety to read as

of Title XI of the Indio Code of Ordinances is follows

hereby

VENDING BY PUSHCART OR VENDING VEHICLE 10 114 11 114 12 114 13 114 Definitions Pushcart vendors in the

Mobile food vendors in the

right of way right of way

Declaration of Public Nuisance Penalties

14 114
10 114

Definitions

For purposes of this

Chapter

the

following

words

or

phrases

shall have the

following

meanings
A either of their B C Enforcement Official
means

the

designees
Food
or

who is

charged

with

City Manager enforcing the Indio
any

the Chief of

Police

or

Code of Ordinances

food food

products
vendor

means

type

of edible substance that

or

beverage
in the

Mobile of
a

means

person

operates

or

assists

operation
D

vending

vehicle

Operate

means

being parked

or

stopped

at

one

location while

The term excludes E

vending

up set

and breakdown

Operator means any person who drives prepares food or food products operates pushcart or vending vehicle and shall include the driver and assistant on each food vending truck
or a

F

Person

corporation including

means any natural person but not limited to owners

firm partnership operators lessors

association and

and

lessees of

pushcarts
G
a

or

vending

vehicles

vehicle

are

sold
H

means any wagon cart or similar wheeled container that is not defined in the California Vehicle Code from which food or food products offered for sale displayed bartered exchanged or otherwise as

Pushcart

given

Pushcart vendor of
a

means

any

person that

operates

or

assists

in the

operation
1
or

pushcart
means

Uniform vehicle

at

a

minimum

a

shirt

containing
owns or

the

logo insignia
the

name or

other

identifying characteristic

of the person who

operates

pushcart

vending
J

Vend

or

vending

means

to

sell

offer for

sale display barter exchange

2 Page 35 of 267

or

otherwise

give

food

or

food

products

from

a

pushcart

or

vending

vehicle

K Vending vehicle means any self propelled motorized device or vehicle which or be any person by property may propelled or moved upon a highway excepting a device moved exclusively by human power or which may be drawn or towed by a motorized propelled self vehicle from which food or food products are sold offered for

sale displayed bartered exchanged
11 114 A

or

otherwise

given

Pushcart vendors in the

right

of way
as

vendor may locate his or her pushcart in the public right way of he or she adheres to all of the following standards and conditions

pushcart

long

as

A

The

owner or

operator

of each

pushcart

must obtain and maintain

a

valid

business license in accordance with B Riverside issued

Chapter
have

110 of this Code to

pushcart shall County health inspection
the

Each

affixed
a

it in

sticker and

current

a current valid valid business license sticker

plain

view

by
C

City
Each pushcart shall have

displayed

in

a

conspicuous place

on

at least two

2 sides of the pushcart lettering permanently affixed showing the name of the owner or operator of the pushcart and the business address and telephone number of the owner or operator The lettering shall at all times be visible shall not be less than three inches
in

height
D

and shall be in contrast to the color of the The

background
or

upon which it is

placed
or

pushcart

operating
E

within fifteen feet No

may not obstruct 15 of any driveway vendor shall
cause

pedestrian or building
more

vehicular

traffic

be

entrance three

pushcart

than

assemble gather collect or otherwise join for the purpose of pickup pushcart vendor on any street sidewalk highway or public place
F
manner

and

3 pushcarts to delivery by the

The

pushcart

that

causes

vendor shall not distribute any item from the any person to stand in the street

pushcart

in

a

G

The

within three hundred feet school

pushcart vendor shall not operate any pushcart upon any public street 300 of the nearest property line of any property on which a
located between the hours of 7 00 will not enter
m and a

building is

day

This

written

The pushcart vendor shall of that authorization to the within five provide copy City 5 days of its receipt and keep a copy on his or her person to provide on demand to any enforcement official
or on

prohibition permission to
a

apply
park

if the school
school

principal
property

00 m 5 p of any school gives the pushcart vendor

H

All food food

products

sold

or

provided

from the

pushcart

shall

applicable

labeling requirements

established

by

the state and the

comply with all pushcart vendor

3 Page 36 of 267

must obtain all 1

required permits operator
uniform of

to sell

or

provide
and

such items anyone

The to
wear a

a

pushcart

assisting

him

or

her shall be

required
J

pushcart vendor shall engage in vending unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the pushcart marked with a sign requesting use by patrons Prior to leaving the location the pushcart shall pick up remove and dispose of all trash generated by the pushcart vendor s operation located within a one foot radius of the hundred 100 s location pushcart
K L Pushcart vendors shall A

No

comply

with all

applicable

state and local laws

pushcart

vendor that

may not operate the vending block and shall not within a period of four within the limits of such block

any pushcart in the public right way of vehicle for longer than sixty 60 minutes on the same

operates

4

hours

again operate

such

vending

vehicle

seeks to four

Notwithstanding Subsection L of this Section a pushcart vendor that operate any pushcart in the public right way on the same block for any of longer than sixty 60 minutes or return to the same block within a period of less than
4
hours may do 1
so

M

if

The

if available at that location and 2 The

pushcart vendor obtains an encroachment permit from during requested hours

the

City

pushcart vendor operates exclusively from the location and periods designated in the encroachment permit approved locations to established by resolution of the City Council
the time 3 The

for be

all conditions times of

pushcart vendor complies with all provisions in this Section and imposed permit which may include the permissible operation duration of operation location or other similar regulations and
in the encroachment 4 The
an

travel distance of
ensure

that restroom

pushcart vendor shall operate within two hundred feet 200 approved and readily available toilet and handwashing facility to facilities are available to all operators Prior to such operation the

pushcart
restroom

vendor shall submit to the

City

a

letter from the

facility

that is all

providing

the

stating

that the restroom will

be

readily

available to

operators

for the

duration of the time the N The the in

pushcart

vendor of

operates

at that location shall

owner or

operator

a

pushcart

provide
on

and maintain insurance

covering
the

operations

and activities undertaken

by

the

owner or

pushcart

the amount and

subject

to the terms

file with the

operator regarding s Risk City

A certificate of insurance shall be submitted with the business license application The City s Risk Manager shall

Manager

operator s promulgate provisions
owner or an

regarding

insurance

requirements for pushcarts

and shall be in

amount which is

4 Page 37 of 267

determined

to be sufficient to

injuries
12 114

or

damages

which may be caused

adequately protect the City persons and property by activity under this Chapter right
of way

for

Mobile food vendors in the

A mobile food vendor may locate his or her vending vehicle in the public way as of right as he or she adheres to all of the long following standards and conditions A The
owner or an

operator

of each

vending

vehicle must obtain

a

business

license in accordance with B Each

Chapter

110 of this Code affixed to the back of the vehicle the

current

valid Riverside
a

vending vehicle shall have County health inspection

a

sticker and to the lower left hand side

of the windshield C be

current valid business license sticker issued

by

City
vehicle shall

In addition to other with the 1

equipment required by law each vending

equipped

following
convex

A

mirror mounted the truck s

so

that the driver and

can see

the

area

in front

of the truck that is obscured 2 A

by

hood

up back

alarm audible for

a

distance of at least

one

hundred feet

100
D sides of the
owner or owner or

Each

vending vehicle shall have displayed in a conspicuous place on both vending vehicle lettering permanently affixed showing the name of the
of the truck and the business address and telephone number of the The lettering shall at all times be visible shall not be less than four

operator operator

inches in

height

and shall be in contrast to the color of the

background

upon which it is

placed
E F vehicle G The

vending vehicle
is

may not obstruct
on

pedestrian
street
or

or

vehicular traffic

Vending

prohibited

the

exposed

traffic side of the

vending

vehicle in

The mobile food vendor shall not distribute any item from the vending that causes any person to stand in that portion of the street that is between the vehicle and the center of the street
a manner

H

The mobile food vendor shall not encroach onto

part

of its

vending

vehicle

or

any other

equipment

sidewalk with any or furniture related to the operation of
a

public

its business The mobile food vendor shall not operate upon any public street within hundred feet 100 of any street intersection controlled by a crosswalk traffic 1

one or

light

stop sign

5 Page 38 of 267

The mobile food vendor shall not operate upon any public street within three hundred feet 300 of the nearest property line of any property on which a school 00 a m and 5 00 p building is located between the hours of 7 m of any school day This prohibition will not apply if the school principal gives the mobile food vendor written permission to enter or park on school property The mobile food vendor shall provide a copy of that authorization to the City within five 5 days of its receipt and keep a copy
on

J

his

or

her person to

provide

on

demand to any enforcement official
a

K
or

A person may not vend from
on

vending

vehicle that is with
a

standing

than

five thirty
L

any public street 35 miles per hour

alley

or

highway

stopped parked posted speed limit greater

All food

with all

applicable

food vendor must M N

products sold or provided from the vending vehicle shall comply labeling requirements established by the state and the mobile obtain all required permits to sell or provide such items
food in
a

Everyone
No

vending

vehicle shall be

required

to

wear a

uniform

vendor shall engage in vending unless he or she clearly designated litter receptacle in the immediate vicinity of the vending vehicle marked with a sign requesting use by patrons Prior to leaving the location the mobile food vendor shall pick up remove and dispose of all trash generated by the mobile food vendor s operation located within a one hundred foot 100 radius of the maintains
a

mobile food

mobile food vendor s location O

including the vending
P

all

with all applicable state and local laws parking and Vehicle Code provisions which apply to the location at which vehicle is parked

Mobile food vendors shall

comply

operates any vending vehicle in the public right may not stop or park on the same block for any longer than allowed by parking restrictions on the block but in any event may not operate the vehicle for

A mobile food vendor that

way of
than

sixty 60 minutes and shall not within a period such vending vehicle within the limits of such block
Q

of four

vending longer 4 hours again operate

Notwithstanding Subsection P of this Section a mobile food vendor that operate any vending vehicle in the public right way on the same block for of any longer than sixty 60 minutes or return to the same block within a period of less than four 4 hours may do so if
seeks to The mobile food vendor obtains if available at that location and during requested 2 The mobile food vendor 1
an

encroachment

permit

from the

City

hours

for the time
established

periods designated by resolution of the City Council

in the encroachment

operates exclusively from the location and permit approved locations to be

6 Page 39 of 267

3 and all conditions times and 4

The mobile food vendor

complies
of

with all

provisions
which
or

in this Section include other

imposed
of

in

the encroachment duration

permit

may

the

permissible
regulations

operation

operation location

similar

200 handwashing facility to ensure that restroom facilities are available to all operators Prior to such operation the mobile food vendor shall submit to the City a letter from the facility that is providing the restroom stating that the restroom will be readily available to all operators for the
travel distance of
an

The mobile food vendor shall

operate

within two hundred feet

approved

and

readily

available toilet and

duration of the time the mobile food vendor R The of

operates

at that location vehicle shall

owner

or

operator

a

vending

provide
the

and maintain

insurance

covering operations by operator regarding the vending vehicle in the amount and subject to the terms on file with the s Risk Manager A certificate of insurance shall be submitted with the owner or City s business license application The City operator s Risk Manager shall promulgate provisions regarding insurance requirements for vending vehicles and shall be in an amount which is determined to be sufficient to adequately protect the City persons and property for injuries or damages which may be caused by activity under this Chapter
and activities undertaken
owner or

the

13 114 The

Declaration of Public Nuisance declares that of this

City hereby

pushcarts
are a

or

vending

vehicles that

are

not in

compliance
and

with the

provisions
are a

Chapter

detriment to

public health safety

welfare and 14 114 A

public

nuisance

general

Penalties

person who violates any provision of this Chapter is guilty of a misdemeanor or at the discretion of the City Prosecutor or City Attorney an infraction as set forth in Section 10 99 of the Indio Code of Ordinances B This Section is intended to be cumulative to the

Any

to

and not in

rights

and remedies available to the

place of

other

state law The

may pursue including but limited to commencement of any civil action the issuance of administrative fines and fees or administrative action to abate as a public nuisance pursuant to

City pursuant City Code of Ordinances and s City Attorney City Prosecutor or a duly authorized Enforcement Official any other right and remedy permitted by the City s Code of Ordinances

Chapter

95A of this Code

Subsection E of Section 110 03 of Chapter 110 of Title XI of the Indio Code of Ordinances is hereby amended to read as follows

Section 4

Notwithstanding anything to the contrary Chapter those businesses identified in this

in addition to Title

a

including

license as required by this but not limited to businesses

7 Page 40 of 267

vending by pushcarts or vending vehicles massage establishments taxicabs and so forth also shall meet the requirements set out in the applicable Chapter before a license may be obtained hereunder Failure to do so shall subject the person to all applicable penalties
Section 5 Subsections A and B of Section 110 28 of
are

Chapter

110 of Title XI of

the Indio Code of Ordinances A As

hereby

amended to read

as

follows license renewal

a

thereof

under this

part of the City s processing an application for a Chapter or a renewal thereof to the extent

or

that the

applicant

proposes to engage in a business or use reflected in Subsection B of this Section the Police Chief or his or her designee shall have the authority and responsibility to conduct any background investigation deemed necessary and appropriate as a general matter in order to insure the health safety and welfare of the community The specific purposes of such a background investigation include but are not limited to 1 Determination
as

to the truthfulness and correctness of information
or

provided

by

an

applicant

information to the 2

City
A

in completing any application in the process of applying for a license The

providing
to this

any other

pursuant

Chapter

applicant if an individual or any of the directors officers holding percent 5 of the stock of the corporation or of the limited any partners including partners or profit interest holder manager or other person principally in charge of existing or proposed business in the City or a natural person employed or contracted or leased with to be an operator has not been convicted or pleaded nolo contendere or guilty within five 5 years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug related misdemeanor or felony crime including but not limited to
or

stockholders

more

than five

California Health and

The sale i Safety Code Sections

of

a

controlled

substance

specified

in

11054

through 11058
or

ii
obscene matter
or

The

sale

distribution

display

of

harmful

and

indecent exposure

iii

Selling

or

disposing

of lottery

tickets
or

iv v
b The

Permitting gambling pool selling
Alcohol
or

bookmaking

or

related drug

traffic offenses

investigating City employee is specifically authorized to history record information as provided for in California Penal Code Section 11105 Any complaint for the above listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint
obtain state summary criminal
3 Identification of any other

potential

detriment to the

public health

8 Page 41 of 267

safety

welfare that may be presented by City issuance of the license or license renewal in question i e harm that may arise from or relate to applicant soperation or business
or

that may be

in

or

Except as otherwise specified in this Code the only subject to a background investigation per this Section proposing to engage in activity related to any of the following
1 2 3 4 5 6 Alarm installation Alcohol Firearms

B

businesses
are

or uses

those

engaged

Foreclosure consultation
Pawn

shops Security guard companies and private patrol operators 7 Vending from a pushcart or vending vehicle 8 Businesses or uses determined on a case by basis by Chief of Police Fire Marshall or either of their designees potentially detrimental to public health safety and welfare
C stockholders The

the the

applicant
more

shall submit the full than five

names

of all of the directors officers

or

holding

percent 5

any of the partners including managers or other persons principally in charge of existing or proposed business in the City The applicant shall also submit the full names of all natural persons or

corporation

or

of the stock if the business is a limited partners or profit interest holders

contracted

or

leased with to be any

employed

an

operator of
without

the business named in

No

one

assist

in

operating

business

being

the

may operate or business license

application
Section 6 shall
cause

The

City

Clerk shall
or

certify

to the

the

same

to be

published

posted
as

in the

adoption of this Ordinance manner prescribed by law
title

and

INTRODUCED AND ADOPTED

first

reading by

only

this 2nd

day

of

April

2014

by

the

following

vote Wilson

AYES

Holmes Miller Torres

NOES Ramos Watson

MICHAEL H ATTEST

WILSON MAYOR

CYNTHIA

HERNANDEZ

CMC

CITY CLERK

9 Page 42 of 267

ITEM NO 4d
SUBMITTAL TO THE CITY COUNCIL CITY OF

INDIO CALIFORNIA April 16 2014

FROM Human Resources SUBJECT Denial of claim adjuster
a

Department
claim submitted

liability

by

Neela Patel

as

recommended

by

the

s City

RECOMMENDED MOTION Deny the liability claim submitted by Neela Patel
SUMMARY claimant

against the City on September 30 2013 The alleged City responsible damage to his motel units because it did not have an adequate storm drainage system during heavy rains which caused flooding of his property
a

Neela Patel submitted the is

claim

for

BACKGROUND

The City s liability insurance administrator Carl Warren Company has reviewed the above mentioned claim and recommends rejecting it In accordance with section 6 of the Government Code the city council may reject a claim if it is found that the claim is 912 not a proper charge against the the claimant to file a lawsuit FINANCIAL ANALYSIS ALTERNATIVES 1 2 None

City

Claim

rejection triggers

a

six month statute of limitations for

Accept

the claim and make

Direct staff to

accept

the claim and

payment based on calculation negotiate settlement

of actual

damages

ATTACHMENT A

Letter from Carl Warren

recommending rejection

of the claim

Venez Duon
Cost associated with this action

Human
Inc

ources

Analyst
A N A N

0 0 0

FINANCIAL DATA
Source of funds

Current F Y general fund cost Future FY cost

Budg
remaining
if

ntyear budget rr
t adjustment

For fiscal year

A N

N A

Current account balance N A Balance

Account number N A

A approved N Financial Review

Legal Review

Department Head

Review

rGS l y7 Qp
Roxanne Diaz

City Attorney

J in Loi Fdector of HR

Rob Rockwell Risk

Mgmt

Finance Director

CITY MANAGERS RECOMMENDATION APPROVE DENIAL

CITY MANAGERS SIGNATURE

Page 43 of 267

ITEM NO 4e
SUBMITTAL TO THE CITY COUNCIL CITY OF INDIO CALIFORNIA

April 16

2014

FROM Human Resources SUBJECT Denial of
a

Department
claim submitted

liability

by

Jeff Sara

as

recommended

by

the

s City

claim

adjuster
RECOMMENDED MOTION SUMMARY

Deny

the

liability

claim submitted

by

Jeff Sara

Jeff Sara submitted a claim against the City on January 3 2014 The claimant alleged wrongful construction of his roof and drains and that the Building Inspector improperly inspected the work allowing for the wrongful construction BACKGROUND The City s liability insurance administrator Carl Warren Company has reviewed the above mentioned claim and recommends rejecting it In accordance with section 6 of the Government 912 not
a

proper charge against the the claimant to file a lawsuit FINANCIAL ANALYSIS ALTERNATIVES 1 2 None

Code the city council may reject a claim if it is found City Claim rejection triggers a six month statute

that the claim is of limitations for

Accept

the claim and make

Direct staff to

accept

the claim and

payment based on calculation negotiate settlement

of actual

damages

ATTACHMENT A

Letter from Carl Warren

recommending rejection
Venez Duon
uman

of the claim

R

ources Analyst
budget
A N

Cost associated with this action

0 0 0

In cu lfent year Bud et

FINANCIAL DATA

Current Y F general fund cost
Future FY cost

adjustment

A N
A N

For fiscal year

Source of funds N A Account number

Current account balance N A
Balance

N A

remaining

if

A approved N
Financial Review

Legal

Review

Department Head Review

7 G6Ftd7e
Roxanne Diaz asmin Loi
Rob Rockwell Risk

City Attorney

Pirector

of HR

Mgmt

Finance Director

CITY MANAGERS RECOMMENDATION

CITY MANAGERS SIGNATURE

APPROVE DENIAL

0
Page 44 of 267

ITEM NO 4f

SUBMITTAL TO THE CITY COUNCIL OF THE CITY OF

INDIO

CALIFORNIA

April 16
FROM

2014

Community Development Department Building
Agreement

and

Safety

Division Indio and Doulames and

SUBJECT A Professional Services
a

between the

City of

California

Corporation
documents

Doc to assist with A DBA Convert

imaging

II LTD archiving building plans

and

permit

RECOMMENDED MOTION

Approve

the Professional Services

Agreement

between the

Indio and Doulames II LTD a California Corporation DBA Convert Doc for document A and archiving in an amount not to exceed 40 000 and authorize the City Manager to execute the

City of imaging

agreement
SUMMARY The and

City requires professional service from a qualified company with proper equipment expertise to digitally scan building permit documents and convert into accessible digital files This includes the ability to safely store large format construction plans This service also requires the sorting and indexing of scanned docume is into re dily searchable digital files It is important that property information can be located gt ic y and a curately in order to greatly benefit the public

Continued

on next

page
000 40 000 40
A N

ore
In Current Year

en

ans

x iminer Yes A N 14 13

Cost associated with this action

Budget

FINANCIAL DATA

Current F Y General Fund Cost Future F Y Cost

Budget Adjustment
For Fiscal Year 101 4430 443 41 21 101 4430 443 21 90 101 4430 44324 30

Source of funds General Fund Account number 101 4430 41 21 443 1014430 443 90 21 30 24 1014430443

Current account balance

50 377 25

20 536 11
51 663 11

Balance remaining

2141 1014482443
101 4430 443 21 90 30 24 1014430443

377 5 50
536 1 20

66151 1

Legal

Review

Depart

tad

eview

Financial Review

Roxanne Diaz

Jid epL

City Attorney

el De

V t
pr

Rob Rockwell

nt Service Director

Finance Director

CITY MANAGER S RECOMMENDATION

GITY MANAGER S SIGNATURE

Approve

Page 45 of 267

Staff
a

Report

City

Council

Professional Services
Doc

Agreement

Doulames

II LTD

a

California

Corporation

DBA Convert

April 17 2013 Page 2 of 2
BACKGROUND Health and official copy of all has been issued
no

plans

and

Code Section 19850 requires that the city maintain an permits for the life of the building for which a building permit

Safety

documents to searchable 9070
was

The most efficient way to accomplish digital format In November 2005
recover

this

City

convert the paper of Indio Council resolution

is to

established to invited
a

companies

were

Doulames Il LTD
cost effective and

reprographic bid along with two other industry recognized companies California corporation DBA Convert A Doc is determined as the most
to
same

the cost of this service All of the local

City

of Indio

qualified service provider They had performed the are honoring the same per unit cost from 2006 prior
and

service for the

FINANCIAL ANALYSIS

The total cost of service shall not exceed 40 000
in the

Sufficient

funds

Building and Safety Division Plan Check Services Account s Professional Services Account 101 41 21 Building Division 443 4430 101 s Repair and Maintenance Account 90 and Building Division 21 443 4430 4430 101 30Any remaining documents that cannot be processed under this budget will be 24 443 safely stored until funds become available during future budget cycles
are

currently budgeted

6 ALTERNATIVES 1 Not to award the contract to Doulames A Doc Attachments

ll LTD

a

California

corporation

DBA Convert

A

Professional Service Exhibit A

Agreement Proposed Scope of Work

and Fee Schedule

Page 46 of 267

AGREEMENT FOR PROFESSIONAL SERVICES This Professional Services
the and

16th day

of

April 2014 by
II LTD
a

Doulames

Agreement the Contract is made and entered into as of and between the City of Indio a municipal corporation City California corporation doing business as Convert a Doc

Contractor
RECITALS
A to The
scan

digitally

City requires professional services from a qualified company with expertise building plan and permit documents and convert such documents into

accessible

digital files
trained experienced
and

B

perform

Contractor represents that it is specially the services described in this Contract

qualified

to

NOW THEREFORE

in consideration of the mutual

promises contained herein

the

parties agree

as

follows

AGREEMENT 1

Scope
a

of Services

which is attached hereto and

City profession currently practicing
Services
or

Contractor shall perform the Scope of Services described on Exhibit A incorporated herein by reference in a manner satisfactory to the and consistent with the level of care and skill members of the ordinarily exercised
in

by

the

same

locaility

under similar conditions

Scope

of

Services
equipment
and vehicles at

b Contractor shall furnish all necessary tools ssole expense to perform the Scope of Services Contractor
C

Contractor shall

require

each

of its

adhere
shall be

to basic

employees
uniforms

working

attire which shall include basic

equipment

worn

and gear as is required by State of California at tall times buttoned and tucked in Time of Performance The services

workplace

to shoes and other proper safety regulations Shirts

and

subcontractors

of Contractor are to commence upon execution of this Contract and shall terminate when the archiving of building records and plans is complete as required under this Contract agrees to compensate Contractor and Contractor agrees to satisfaction for the services required by this accept in full Agreement the compensation as more particularly described in Exhibit A Consideration Said Consideration shall constitute 3

2

Compensation City

Page 47 of 267

reimbursement of Contactor s fee for the services other direct or indirect costs or fees including

as

well

as

the work of

the actual cost of any staff time employees consultants and

subcontractors equipment materials and supplies necessary to provide the service including all labor materials delivery tax assembly and installation as applicable In no event shall the Contractor be paid more than 40 000 based on the per unit price set forth in Exhibit A
Contractor shall not be entitled to reimbursement for any expenses
Contractor which
are

not

expressly

authorized

by

Any expenses incurred by this Contract will not be reimbursed by the
a

City
such

Payment by City
defects
4
were

under this Contract shall not be deemed known to the City at the time of payment

waiver of

defects

even

if

Payment Contractor shall submit monthly billings to City describing s bills shall include a brief performed during the preceding month Contractor description of the services performed the date the services were performed the number of hours spent number of records archived and corresponding per unit cost and by whom if applicable and a description of any reimbursable expenditures City shall review approve and pay such undisputed amounts within a reasonable time after the City s receipt of the same
the work 5 Contractor Extra Work At any time during the term of this contract City may request that Extra Work As used herein Extra Work means any work which is

Method of

perform requested by the City and not part of the Scope of Work described herein Contractor shall not perform nor be compensated for Extra Work without written authorization from the City her designee unless such work is verbally requested in Manager or his conjunction with an maintenance Extra work shall be invoiced emergency request separately from services performed in accordance with the Scope of Services
6 Termination

This Contract may be terminated by the City upon one 1 day written notice after reviewing the initial finished work product it is not to the satisfaction of the City if to be solely determined by the City The initial finished work product is defined to mean the
a

first Five Thousand Dollars

5 0 00 of billable work Thereafter

the

terminate this Contract for any reason or no reason upon fifteen notice Contractor agrees to cease all work under this Contract on

City shall have the right to 15 calendar days written
before the effective date

or

of such notice
b In the event of termination of this Contract Contractor shall be of termination In

by City
on

due to the

no

fault

or

failure work

of

performance by Contractor satisfactorily performed at the time
receive
reason
more

paid
no

based

percentage of

than the amount that would be this

paid

event shall Contractor be entitled to to Contractor for the full performance of the

services

Agreement Contractor shall have no other claim against City by required by of such termination including any claim for compensation Upon termination

Contractor shall return to Services
an

City

its documents and any deliverables

as

Contractor may not terminate this

Invoice within

Agreement except sixty 60 days of City s receipt thereof

for

required by the Scope of s non City payment upon

Page 48 of 267

7

s Books and Records Contractor Contractor shall maintain any and all ledgers books of account invoices canceled checks and other records or documents evidencing or relating to charges
a

vouchers
for

services

3
to

this

years

expenditures and disbursements charged to City or for any longer period required by law from the date
or

for

a

minimum

of final

period of three payment to Contractor

Contract b Contractor shall maintain all documents and records which demonstrate

performance period required by law from the date
C

under this Contract for

period of three 3 years or for of termination or completion of this Contract
a

minimum

any

longer

Any

records

or

documents

required
or

to be maintained at any time

pursuant

to this

Contract shall be made available for

audit inspection during regular City Manager City Attorney City Auditor or a designated representative of these officers Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so Otherwise unless an alternative is mutually s address indicated for receipt of agreed upon the records shall be available at Contractor in this Contract notices
business

hours upon

written

request by

the

d lost
or

Where

City

has

reason

to believe that such records

discarded due to written to the

may by records be

dissolution disbandment or named officers required request by any of the above

documents may be termination of Contractor s business City
or

given

City

and that the records and documents be maintained in

Access to such records and documents shall be s Contractor

representatives

or

granted to any s in Contractor successor interest

custody of the City Hall authorized party by Contractor

that

Independent Contractor The parties agree understand and acknowledge that Contractor is not an employee of the City but is solely an independent Contractor Contractor expressly acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers compensation or unemployment insurance or other employee benefits and that any person employed by Contractor shall not be in any way an employee of the City As such Contractor shall have the sole legal responsibility to remit all her own workers federal and state income and social security taxes and to provide for his and insurance and that of her employees or subcontractors his compensation unemployment Neither City nor any of its agents shall have control over the conduct of Contractor or any of s employees except as otherwise provided herein Contractor shall not at any Contractor time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of City Assignment This Contract shall not be assigned in Contractor without the prior written approval of City Any attempt by this Agreement or any rights duties or obligations arising hereunder
effect
9 whole
or

8

in

part
so

Contractor to

by assign
no

shall be void and of

Page 49 of 267

10 have

Interests

of

Contractor

Contractor

professional employees
not

covenants and

performance
11 Contractor under this

any interest direct or of the Scope of Work

represents indirect which

that it

including principals associates and presently has no interest and shall
conflict in

would this

contemplated by

Agreement

any manner with the No person having such

interest shall be

employed by

or

be assocatied with the Contractor

Ability of to perform
Contract

Contractor

City

has

relied
as a

the services hereunder

upon the experience and training of material inducement to enter into this

Contract Contractor shall therefore
All work

provide properly skilled personnel to perform all services performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily s field of expertise to be expected of a competent contractor in Contractor Furthermore Contractor represents that it has or shall secure at its own expense all personnel required to s Scope of Work under this Agreement All personnel engaged in the work perform Contractor shall be qualified to perform such Scope of Work
12 to

comply
13

with all

Compliance with Laws Contractor shall use the standard of care in its profession applicable federal state and local laws codes ordinances and regulations
Protection of Professionals Interest in Plans Contractor acknowledges that the provide pursuant to this Contract may include the copying of plans in which

service it will

professionals may have ownership copyright or acknowledges that duplication of such plans may be subject to certain federal and state laws including but not limited to the provisions of California Health and Safety Code Section 19851 Contractor hereby agrees to take all steps or registered reasonably necessary to safeguard the interest of any certified licensed and in of the or other documents Contractor takes any professionals plans possession of the documents in the course of the performance of services pursuant to this Contract and to comply with all federal and state laws regulating duplication of such plans or documents including but not limited to California Health and Safety Code Section 19851 represents and warrants to City that it has the licenses permits qualifications insurance and approvals of whatsoever nature which are legally required of the Contractor Contractor represents and warrants to City that Contractor shall at its sole cost and expense keep in effect or obtain at all times during the term of this Contract any licenses permits insurance and approvals which are legally required of Contractor including but not limited to a City business license
Licenses
14 Contractor

or registered certain certified licensed and other protected interests Contractor further

acknowledges that all City documents and records taken into the custody of Contractor in the performance of services pursuant to this Contract are and shall remain the sole property of the City Contractor agrees to take all reasonable steps necessary to safeguard such City documents or records from damage destruction loss or theft In the event that any such City documents or records are damaged destroyed lost or stolen while in the custody of Contractor Contractor shall be solely responsible for such damage destruction loss or theft and shall indemnify the City for Safeguarding

15

of

s City

Documents

Contractor

Page 50 of 267

any theft

damages

losses costs

or

expenses

resulting

from such

damage destruction loss

or

indemnify and hold the City its officers employees and agents free and harmless from and against any and all actions suits proceedings claims demands losses costs expenses or liability whatsoever including wrongful death based or asserted upon any act or omission of the Contractor its employees subcontractors and agents relating to or in any way connected with the accomplishment of the work or performance of Scope of Services under this Contract As part of the foregoing indemnity the Contractor agrees to protect and defend at Contractor s own expense including attorney fees the City its offices agents and employees in any legal action based upon any such alleged
16

Indemnity

Contractor shall

acts

or

omission

All duties of Contractor under

this Section

shall survive termination of this

Agreement
17 Insurance

Requirements
s own Contractor at Contractor for the duration of effect
cost this expense shall Contract the following and

a

Insurance

procure and maintain in full force and insurance policies
i Workers

Compensation Coverage Contractor shall maintain Workers Compensation Insurance and Employer her employees in sliability Insurance for his laws of the State of California In contractor shall require each accordance with the addition subcontractor to similarly maintain Workers Compensation Insurance and Employer sLiability
Insurance in accordance with the laws of the State of California for all of the subcontractor s

Compensation policies City thirty 30 days prior to such change The insurer shall agree to waive all rights of subrogation against City its officers agents employees and volunteers for losses arising from work performed by Contractor for City
or

employees Any

notice of cancellation

renewal of all Workers non

must be received

by

the

at least

ii

General in
an

Liability Coverage

Contractor shall maintain commercial

general liability
occurrence for

insurance
or

bodily injury

amount not less than one million dollars 000 000 per 1 personal injury and property damage If a commercial general
a

general aggregate limit is used either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit liability
iii automobile Contractor Automobile shall maintain Contractor Liability Coverage and covering bodily injury property damage for all activities of the in connection with the work to be performed under this Contract

insurance form

other form with

liability arising

insurance out of
or

non vehicles in an amount of not less than including coverage for owned hired and owned one million dollars 000 000 combined single limit for each occurrence 1 b

Insurance

Rating Requirements
A
VII

liability

insurance

policy

shall be with insurers authorized less than

State of California and

no

by

the latest

general liability and automobile by the Insurance Department of the edition of Best s Key Rating Guide

Each

Page 51 of 267

C

Endorsements

Each

insurance

policy

shall be endorsed with the
I The

general liability and following specific language
or

automobile

liability

appointed officers officials employees respect to liability arising out of work performed by or on behalf of the Contractor including materials parts or equipment furnished in connection with such work or operations
agents and
volunteers
are

City its elected
as

to be covered

additional insured with

ii

City

its

elected

or

primary insurance as respects the appointed officers officials employees agents and volunteers Any
This

policy

shall be considered

insurance maintained be considered excess iii

insured retention City including any self insurance only and shall not contribute with it

by

the

the

City

may have shall

This insurance shall act for each insured and additional insured had been written for

as

though separate policy of the insuring company
a

each except with respect to the limits of

liability

elected

rights of subrogation against the City its or appointed officers officials employees or agents
iv The insurer waives all
V

not affect coverage provided to the agents or volunteers vi

Any failure to comply with reporting provisions of the policies shall City its elected or appointed officers officials employees

The insurance

provided by
or

voided canceled
has been received d

or

reduced in coverage by the City

in limits

Policy shall not be suspended except after thirty 30 days written notice

this

Deductibles and Self Insured Retentions

retentions must be declared to and

approved by
payment

the

insured Any deductibles or self City At the City s option Contractor shall
or

demonstrate

financial

capability

for

of such deductibles Contractor shall

insured retentions self certificates of insurance

e

Certificates of Insurance

provide

with original endorsements to City as evidence of the insurance coverage required herein or certificates are otherwise waived by the City unless such insurance endorsements and

Manager

Certificates

of

such

insurance

shall

be

filed

with

the

City

on

or

before

commencement of

kept on

file with the

performance City at all times during

of this Contract

Current certification of insurance shall be

the term of this Contract

18 and either

Notices served

Any notice required to be given under this Contract shall be personally or sent prepaid first class mail Any such notice

in

writing

shall be

addressed to the other party at the address set forth below Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section
If to

City

Page 52 of 267

City of Indio Attn City Manager
100 Civic Center Mall

Indio

CA 92202

If to Contractor Convert Doc

a

Attn Stan Miner 41085 Elm CA 92562 the entire

Murrieta

19 Entire Contract This Contract the

City

and Contractor and

drafts memoranda
20

integrated agreement between prior communications including correspondence representations are superseded in total by this Contract
represents
All written and oral
or

Amendments

document executed by
21

This Contract may be modified both Contractor and City
a

amended

only by

a

written

Waiver
waiver of

Waiver of
a

breach

or

default under this Contract shall not constitute
same or

a

continuing
Contract
22

subsequent

breach of the

any other

provision

under this

Severability

If

any
a

term

or

portion

of this Contract is held to be the

otherwise unenforceable

by

court of

competent jurisdiction

invalid illegal or remaining provision of this

Contract shall continue in full force and effect
23

Controlling

Law Venue

This Contract and all matters

governed by the laws of the State of California and any action brought shall be held exclusively in a state court in the County of Riverside
24

relating to it relating to this

shall be Contract

Litigation Expenses and Attorneys Fees If either party to this Contract commences any legal action against the other party arising out of this Contract the prevailing party shall be entitled to recover its reasonable litigation expenses including court costs expert witness fees discovery expenses and attorneys fees parties agree to make a good faith attempt to resolve any disputes arising out of this Contract through mediation prior to commencing litigation The parties shall mutually agree upon the mediator and share the costs of mediation equally If the parties are ENDISPUTE unable to agree upon a mediator the dispute shall be submitted to JAMS its successor in interest JAMS shall the or with the names of five JAMS provide parties qualify mediators Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute If the dispute remains unresolved after mediation either party may commence litigation
25 Mediation The

Page 53 of 267

26 Execution shall constitute at least
one on

This Contract may be executed in several counterparts each of which and the same instrument and shall become binding upon the parties when

copy hereof shall have been

signed by

both

parties

hereto

27

Authority

to Enter Contract

conduct its business and to

execute

Contractor has all requisite power and authority to deliver and perform the Contract Each party warrants

that the individuals who have

signed

this Contract have the

legal

power

right

and

authority

to

make this Contract and to bind each

respective party employed

28
nor

Prohibited Interests Contractor maintains and warrants that it has not

retained any company or person other than a bona fide employee working solely for Contractor to solicit or secure this Contract Further Contractor warrants that it has not paid

employee working Contractor solely percentage brokerage fee gift or other consideration contingent upon or resulting from the award or making of this Contract For breach or violation of this warranty City shall have the right to rescind this Contract without liability For the term of this Contract no member officer or employee of City during the term of his or her service with City shall have any financial or other personal interest direct or indirect in this Contract or obtain any present or anticipated benefit arising there from
nor or a

has it

agreed

to pay any company

person other than

bona fide

for

any fee commission

29

Liability of City Non
liable to the the
or or

Officers and

Employees

No officer

or

employee

of

City

shall be

personally
breach

by

successor 30

or any successor interest in the event of any default or in for which amount City any may become due to the Contractor or its for breach of any obligation of the terms of this Contract

Contractor

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

IN WITNESS WHEREOF the date first written above

parties

have caused this Contract to be executed

on

the

CITY OF INDIO

Dan

Martinez

City Manager

Page 54 of 267

ATTEST

CYNTHIA HERNANDEZ

City

Clerk

APPROVED AS TO FORM

Roxanne Diaz

City Attorney
CONTRACTOR Doulames

11 LTD

a

California

Corporation
dba Convert Doc A

Stan Miner

Title

Page 55 of 267

EXHIBIT A

provide the following document imaging and archiving services as set forth in s proposal to the City attached herein If City discovers that any of the documents Contractor were not properly imaged and or archived Contractor shall make the required correction regardless of whether the Scope of Services has been completed
Contractor shall

Page 56 of 267

Table of Contents

Page Page Page Page Page

3

Appendix

A

Completed Summary

Sheet

4

Doc Qualifications A Convert

6
8

Scope

Allocation of Resources of Work

References of Services

9

Scope

Page 57 of 267

APPENDIX A

SUMMARY SHEET

Firm Name

Doc A Convert

Firm Parent

or

Ownership

Doulames 11 LTD

California

Corporation

Firm Address

41085 Elm St

Murrieta CA 92562 Federal
Firm 0742320 Identification Number 33

Employee

Telephone

Number

951 4819 677

Firm Fax Number Number of years in existence

951 4814 677
10

Management person responsible this Request for Proposal RFP
Name Stan Miner

for direct contact with the

City

of Indio and services

required for

Title 951 4819 677 Fax

Archiving Division Manager 4814 677 951

Telephone Number
Email
Person

bidamerica a pr2 com

responsible

for

to servicing day

of the

account

Name Stan Miner

Title

Archiving Division Manager 4814 677 951

Telephone
Email

Number

951 4819 677

Fax

com bidamerica pr2i
of services

Types

provided by

the firm

Document Oversize Plan sheet microfilm

Aperture

Card

Microfiche conversion and microfilm creation Services also include indexing and Database
Manager creation

Page 58 of 267

Firm and Contact Information Doc A Convert 41085 Elm Street

Murrieta CA 92562
Tel 4819 951 677 Pax 4814 951 677 mail pr2@bidamerica E com Stan Miner Jim

Archiving Division Manager Spaulding Archiving Division Production Manager

E Director Plan Room Division Manager Steve Doulames P

Qualifications

of Firm

BidAmerica scanned its first Division
was

image

in 1995 and

was

incorporated

in March of 1997

The

Archiving

founded in

documents plan

Since that time BidAmerica has converted many millions of September microfilm and sets microfiche aperture cards into electronic images
as one

of 1997

Line Plan Rooms Public Agencies Country first Electronic On s their works public projects soon began to inquire about the advertising and of their sheets electronically archiving large plan engineering drawings Since that time we not potential and for works only scan on a daily basis plans specs public projects but we perform the same function for and Safety Planning Departments for cities and counties throughout many of the Engineering Building

BidAmerica began

of the

who utilized the Plan

Room for

the State of California

As of June 2000 BidAmerica has launched

a new

wide division for the nation

conversion of documents Doc

engineering plans
its
own

A microfiche microfilm and aperture cards called Convert
our

Doc does all A Convert send

conversion work at

Murrieta

California location for conversion

We

never

plan documents

sheets

or

microfiche outside the state for microfilm

overseas

Doc has served A Convert Civil

over

130

Engineer

onsite at all times should

public agencies over the past 10 years any indexing or plan spec questions arise

and has

a

Registered

Insurance BidAmerica

currently

carries insurance which

covers us

up to

a maximum

of 00 0 2 000 00

Resumes of Key Personnel Steven Doulames Doc Steve is also
one

Registered

Civil

Engineer

Director of His

of the founders of BidAmerica and database

A Convert Operations for BidAmerica background includes system development
as

software

development
a

administration As
as numerous

other

integration with numerous archiving systems Engineer he has extensive background with AutoCAD and design packages imaging
Civil Division Production

well

as

network
as

GIS

Systems

well

Jim and overall

Spaulding Archiving

Manager

s current Jim

specialty

is customer liaison

drawings emphasis
over

Doc over four years ago scanning A Convert project supervisor Jim started with BidAmerica on experience with each phase of electronic archiving with an and documents He has hands
on

image quality

and

24 years of management Sean Irish in

image production experience

as

well

as

database

design

Jim also

brings

to BidAmerica

Doc specializes in processing large volumes of A Manager Convert images very expeditious fashion This accuracy is derived from the efforts ofSean has and check modules within our system that assures Irish He developed implemented numerous double us of maintaining the highest image quality available as well as having each database record perfectly matched with the appropriate image file

Quality

Control

data and

a

accurate

and

Page 59 of 267

Scope

Work of Services

Up and Delivery Pick
Doc employees in A Convert
a company

owned vehicle will arrive
a

at

specified

location

filing cabinets folded delivery
The

rolled

plans

There will be

minimum of 5

filing

cabinets per

pick pick

up the Permit up and return

filing

cabinets and

plans

Doc vehicle for A will be loaded into Convert

transportation

to the

Murrieta

California

operation

Cabinet drawers should be labeled with content list to be done by the City This will allow file location should the City require the item be returned via e mail images fax or return by next day air delivery Once the items reach A Convert D oc the contents of the filing cabinets will be placed in boxes Doc Boxes will be labeled with range of documents contained within A Convert

supplied

by

Plan Sheet Preparation Document
Each of the trained staff used in document

preparation
or

will do the

following

e

Remove documents from folders binders front ofeach
new

other format and insert bareode sheets at the

permit file
on

c

Remove

staples

to 5X 1 I 8

paper clips fasteners and tape sticky notes or undersized documents allow scanning The sticky note pages will be placed in front of original

document where removed
o
o o

paper and straighten for scanning Remove I I X17 and larger paper sizes for oversize

Tape damaged

Pages will be removed from binders
Write

or

books with removable

scanning bindings
on

a

permit

number on all

drawings documents

5 X 14 greater than 8

outside border

Equipment Scanning
Each
scanner

Used

has

a

minimum of 2

qualified

staff

during

each shift

5 X 14 For page size up to 8 The equipment we intend to use is pages per minute then removes the will
scan

similar scanner capable of scanning 180 duplex Technology that scans the documents in Grayscale grayscale background Image enhancement is outstanding with this Fujitsu This scanner
a

Fujitsu
use

M4099D

or

This

scanner

will

Virtual Rescan

about 30 000 documents per shift Blank backside of pages will be for these blank sheets

City removed

will not be

charged

For page size 11 X 17 and larger For the larger than 11 X 17 document two 2 Centex model 4300 These
scanners are

large

format

scanners

will be

required

capable

of doing about 1 000
are

images

each per shift will have both internal and external hard drives

Each of the computers that All

connected

to

the

scanners

scanning

will be

a

minimum of 300dpi Group IV TIFF format

Image Clean up and

Quality

Review is

During
This is

the
our

scanning process our employee first quality control check

looking

for

possible

rescans views each and every

image

Images will

up by using cleaned

software and hardware that

despeckles

and deskews

Page 60 of 267

After

Scanning

the

images

will be deskewed

second time This is the second

quality

rotated to proper orientation and control check of image quality

images

are

reviewed

a

Indexing Indexing is
information resolved

to be

performed by viewing
our

each document and We
use

keying

in the

permit

number

Since each

image

is viewed this is

third

quality

control check

the double blind

are identified and by separate operators then comparing the index tables All The City will provide electronic permit number assure near perfect index accuracy database that includes the City required index fields Example of other typical fields number street name applicant name date of application APN permit type etc

entry discrepancies

method of keying in the

This will

Record

Manager Develop Microsoft Access

Database

using

version 97

or

2000

Database will

perform
as

record index searches

using

the

following
on

fields Street Address P A Type Permit Number and other N

City provided
many of the

fields

Microsoft Access may be linked via ODBC to current or future GIS programs Price the market

system

well

as

permit

in line item 105 Microsoft Access Development includes initial installation on City server The price does not include Microsoft Access Licenses that may be and customer service phone help

quoted

required
Media

for individual workstations

Record Manager and related
content

images

will be burned to CD

or

DVDs will be labeled with disc DVD The CD

Reassembly

Not

required

This is

an

optional

service not

quoted

as

part

of the

proposal
a

All documents will be reassembled in the identical order received Oversize documents will be collated with

letter legal and smaller document sizes in the identical order removed
page location sheet prior to each oversize sheet belong in a particular document

Oversized documents will have

The location sheet will state where the oversize pages

Note

The vast

Doc to A Convert

majority of the 130 agencies we skip the Reassembly process in

have worked with in the past 10 years have allowed lieu of the following process
are

During the prep stage documents are removed from the boxes The paper documents from folders binding books and other Agency separation methods
The folders
are

removed

replaced

in the box in the identical order removed

The paper documents are separated into two different groups 5X 14 1 Letter Legal and smaller up to 8 2 X17 and 11

oversize larger placed
at the

A bar code separator sheet is

beginning

of each

new

document

After the prep process letter legal and smaller documents are replaced in the box after the folders in the identical order received Behind the letter legal and smaller will be the oversize documents in the identical order received Docwill A Convert bar code sheets it will be easy to
a

use

so

visually identify

each

new

document

Should

a

document need to be located in

box this

can

be accomplished easily

by reviewing

the first

page after the bar code sheets

Page 61 of 267

Access to Documents

during
are

the scanning process

Requests

for documents that

in s Doepossession A Convert

during

the

scanning

process may be handled

in several ways based on the client spreference Upon receiving the request for a document Convert Doc A mail the images or mail them via next day will locate the documents and either fax them scan them and e

delivery
mailed images will be able to be viewed E From there

by

anyone

having

the Windows software

on

their computer

they

can

print

out

copies

if needed

Emergency delivery

time

Most requests for documents are handled in under I hour from the time we receive the request Requests for Doc employee at A documents to be returned will be mailed back via next day air or returned by Convert additional

charge

Document Storage Documents will be stored the City at
no on

site in

our

warehouse for six months after

images

and database

are

provide
and

to

additional charge

It is the

s responsibility City

to contact Convert Doc A

prior

to the end of
a

the storage period if items are to be returned After six months the document boxes will be letter certifying quantity of boxes and contents will be sent to the City contact

destroyed

Time to

Complete
based per
on

complete is 000 plan sheets 30
Time to

taking possession

of

a

minimum of five 5

filing

cabinets and

thirty

thousand

trip
scan

30K Plan sheets 25 30 working days afterjob start to 300K Permit pages 45 working 30

and index

days afterjob

start

to prep scan and index

Page 62 of 267

Doc Reference List A Convert
000 County Assessor documents County of Imperial CA Scanned 450 for import in Questys Document Management System Imperial County Assessor Jose Rodriguez 940 W Main Street Suite 115
El Centro CA 2874 92243 4579 760 482 net joscrodriguez@imperialcounty site on

Completed task in

8

days Indexed

000 County permit plan sheets Indexed for import in Questys County of Imperial CA Scanned 40 Management System Development Services Director Imperial County Planning Jurg Neuberger
801 Main Street El Centro CA 2811 92243

Document

760 482 4310 jurgheuberger@ net imperialcounty
Tulare Resource Management Agency Scanning in process for all Building Safety and Planning Plan sets for into LaserFiche Document other assorted documents and import Management System permits

County

Building

Official

Dave Dean

5961 South Mooney Blvd
9394 Visalia CA 93277 6291 559 733 us ca tulare DDean@co

County

of

Document

5 million County Monterey Scanned and indexed over 1 Management System Recorder County Assessor County Clerk Mr Stephen L Vagnini Office s Assessor 240 Church

Assessor documents for

import into Questys

Street

RM 202

Salinas 5803 831 755 us ca monterey vagninis@co
3 million microfiche images and Sunnyvale CA Work in progress Currently converting approximately 2 Plan and Permits Sheets Ongoing project presently scanning Building Department Building Department

CA 93902

City

of

Diana Perkins 456 West Olive Ave

Sunnyvale

CA 94088

7455 408 730

us ca stinnyvale dpericins@ei 900 documents Indexed all images City of El Monte Police Department Completed the scanning of more than 000 AR case numbers UCR codes and suspects name Created LaserFiche volumes for importation into the client s by R LaserFiche Document Management System Ongoing Project El Monte Police Department Paul Gallovicly IS Department or Captain Steven Schuster 11333 Valley Blvd
El Monte CA 91731

626 2116 580 ca monte el ei pgallovich@police us

Page 63 of 267

Scope of Services
City of Indio
712013 DATE 3

RE Archiving
Item

Building

Safety Permit Description

Files and Plans

Estimated

Unit

Quantity
101A Document

Cost
025 0 Total

Unit persheet 493 7 13

Preparation staples
and

725 299

Remove all

each document will to the
same

box and

clips Tape torn documents as needed in order for them to passthrough scanners Prior to scannin paper be removed from the original file folders and separated by a bar code sheets Empty file folders will be retur in the same chronological order they were removed
smaller 150 201
040 0 per

102A

Scan Various Records up to 8 X14 5 and

image

Total
Documents shall be scanned at 300 be returned to the
same

046 8 00

box is

in the
one

original
1028

file folders

Image

dpi in Group 4 multi page TIFF format The individual documents separated by barcodes wi chronological order they were removed but will not be restapled nor put into correspondi page side Duplex double sided counts as two pages
same

Plan Sheet Scan

Conversion C D
a

or E

Size and convert to IV TIFF
as

575 98

740 0
Total

per

image

50 945 72
a

plan

sheets at

minimum of 300

dpi

a

Group

image format
stated below

Plan sheets not to exceed

width of 36

Plan sheets may be of

mylar

vellum

or

paper medium To be indexed

103

Multi

paging

Indexing

Permits and Plans

725 259

020 0 Total

per

image

994 5 50

Group associated images

into

a

single project Image
is
one

number Index each

project by
or

Permit Number on the

Provide electronic database the ties Permit number to Address APN
the Microsoft Access Database and return of page side

sheet plan documents
along
with

other fields Place

indexing

information

City to images

r

Duplex double sided

counts as two

pages 00 0
Total per

104

Pickup delivery
No

original documents
trip is 150

0

trip

charge for Bulk Pickups

otherwise each

00 0 per DVD

105

Duplicate of

DVD set with scanned

images Duplicates
are at

0 additional

00 1111115
Grand Total

Master DVD is included in below cost

charge 13 479 94

Notes 1 Estimated

quantity is based

on

convened scanned 2 3 4

information provided by client Your actual quantities will vary Client will be only charged for items
as

Scanning

will be

The above estimate is based

Line Art Format unless otherwise noted Grayscale can be quoted on the following information provided by Client

separate line item

contact

Price includes six month storage Documents will be destroyed six 6 months after job completion It is the client s responsibility t Doc A Convert to return files prior to end of 6 month period prior to file destruction
Estimate Table

Number of Boxes Plans per

average 70 plans

2500 dots per

bag

48 60

Boxes

Plans Coca
Drawers Plans Docs 8a
s

Documents
Number of Drawers average 140 Plans Documents Number of Plans

00

plans

3000 dots per drawer

7 80

000 21
aka

Bags

plans on

shelves

average

235

plans

150 does

per

401

235 94 150 60

Plans Docs

Documents

Convert BidAmeriea Doc A
mpFfied Mhinng S
ScWtions

Page 64 of 267

ITEM NO

4g

SUBMITTAL TO THE CITY COUNCIL CITY OF

INDIO CALIFORNIA April 16 2014

FROM

Public Works

Department Agreement
new

SUBJECT Amendment No 3 to the Inc for

between the

City of

Indio and Excel

Landscape

landscaping

services to include

LLD and General Fund

properties

RECOMMENDED MOTION Indio and Excel SUMMARY

Ratify Amendment No 3 Landscape Inc for landscaping services
Park is the
new

to the Agreement between the in the amount of 4 300

City

of

Hjorth

park

in the Santa Rosa

neighborhood
will
come

and the

City

became

responsible
ended With the

for the maintenance of the

park

in March after the contractor maintenance

period

Funds for the

landscape

maintenance of

controlled area the City became City annexation of the former s for the landscape maintenance of Desert Meadows LLD 51 and Las Colinas LLD 52 responsible LLD 51 52 have their own funding and will pay for the landscape maintenance in their areas with these funds

Hjorth Park Riverside County

from the General Fund

Continued

on

the next

page Prepared By
Parks Mike

Edgar
II

Landscape Inspector

Cost associated with this action

300 In 4

current year

budget

Yes No 14 13

FINANCIAL Current DATA
Source of funds Account number

Y general fund cost F

800 Budget adjustment 1 338 For fiscal year 10 Current account balance Various
Balance

Future F Y cost

Various
Various

remaining if approved

Various

i

Legal

Review

Department

Review

Financial Review
R

Roxanne M Diaz

City Attorney

E Grant Eklund P Public Works Director City

Rob Rockwell Finance Director

Engineer
CITY MANAGER SRECOMME NDATION
y

CITY

SSIGNATURE MANAGER

Approve

Page 65 of 267

Amendment No 3 to the

Agreement

between the

City

of Indio and Excel

Landscape

Inc for

landscaping services April 16 2014 Page 2

to include the New LLD and General Fund

properties

Therefore staff requests approval of Amendment Landscape to provide for the continuation of landscape
BACKGROUND Excel services Districts The

No

3

to

the

agreement

with

Excel

maintenance work for these

properties

citywide s LLD

for

Landscape Inc Excel currently provides landscape the City s Landscape s parks and parkways and the City

maintenance and

Lighting

City entered into the original agreement with Excel for park and parkway landscape services in July 2012 with the contract term beginning on September 1 2012 With the park and parkway landscape work we are in our second year of the contract Under the contract after the first year the annual compensation is increased by 3
The

following

provide

year in July 2013 Amendment No 1 was entered into by the parties for Excel to the maintenance of the Landscape and Lighting Maintenance Districts LLMD with

the contract term for the LLMD work from August 6 2013 of this first term the compensation will increase by 3 On November

through August 20

2014 At the end

20 2013

Amendment No 2

was

entered into

by

the

parties

for Excel to

provide

landscape services for the former RDA increases by 3
With the addition of

properties

At the end of this first

term compensation

Hjorth Park and LLDs 51 and 52 staff requests an amendment to the agreement with Excel so they can provide landscape services for these properties as well This is preferable over soliciting bids as this work was bid out just over two years ago and it would be inefficient in such a short period of time to go out to bid for a handful of parcels The term for the work for these properties is from September 1 2013 through August 31 2014 If the Excel contract is extended at the end of term August 31 2014 this work will also be subject to the 3 increase in compensation
The

release

agreement with extensions will end a new request for bids to ensure
work Excel
our

on

that

August 31 2017 we are obtaining
a

and before that the best

time
as

staff will
as

quality

provides
current

a

standard of excellence for

pricing safe clean pleasing

well

high

and desirable

appearance of services to be owned

by

the

properties and amending this agreement will allow the same provided continuously without interruption to the new properties previously Successor Agency Approval of through the LLD budgets
this Amendment No 3 in the initial amount of

FINANCIAL ANALYSIS
covers

300 4

landscape

services

fiscal year and will be absorbed into the current Parks

and

Parkways

and

Schedule A landscape services through 13 cost 475 446 with 14 The fiscal year 14 1 9 for the LLD landscape services through Amendment No 1 will cost the city 408 489 this fiscal 8 months of the fiscal year Amendment No 3 will add 4 300 687 for 10 year prorated 37 14 contract amount to the amount paid to Excel this fiscal year Upon approval the total FY 13 with Excel Landscape Inc will be 888 235
The 14 fiscal 13 Amendment No 2 is the 3 inflator in effect

year cost for General

Fund

Page 66 of 267

Amendment No 3 to the

Agreement

between the

City

of Indio and Excel

Landscape

Inc for

landscaping
April 16 Page 3

services to include the New LLD and General Fund

properties

2014

ALTERNATIVES 1 Not approve Amendment No 3 to the Excel

Landscape Contract

ATTACHMENTS A Amendment No 3 to the between the of Indio and Excel for

Agreement

City

Landscape

Landscaping
B

Services 2

Original

Contract and Amendment No 1

Page 67 of 267

Attachment A

AMENDMENT NO 3 TO THE AGREEMENT BETWEEN THE CITY OF INDIO AND EXCEL LANDSCAPE FOR LANDSCAPING SERVICES This Amendment No 3 is entered into between the

City

of Indio

City

and Excel

16th day of April 2014 by Landscape Inc Contractor
on

this

and

RECITALS

landscape maintenance as parkways citywide parks s Lighting and Landscape City Districts LLD an to entered into by the parties dated s pursuant agreement 2012 and amended Amendment No 1 on September 17 2013 September 1 by Amendment No 2 entered into by the parties on November 20 2013 provides for landscaping services for properties taken over by the City from the Successor Agency to the Redevelopment Agency of the City of Indio The agreement along with the amendments shall collectively be referred to herein as Agreement currently provides
and
as

A

Contractor and

the

City

with annual

for

well

for the

B

City

desires to amend the

Agreement

to include

as

part

of Contractor s

scope of work the landscape maintenance of the following properties General Fund Desert Meadows LLD 51 and Las Colinas LLD 52 In desires to amend the C

Hjorth

Park

addition City

Agreement to qualified

provide

for additional

compensation

for said work

and agrees to provide the additional work to the terms of this Amendment 3 to the Agreement

Contractor is

pursuant

NOW THEREFORE
as

for

good

and valuable

consideration

the

parties

agree to

follows

Section 1

Contractor shall

provide landscape

maintenance services for the

properties beginning on September 1 2013 through August 31 2014 as is further indicated in Exhibit A Work Said work is subject to all the terms and conditions of the Agreement and the term may be extended as set forth in the Agreement City agrees to compensate Contractor and Contractor agrees to 300 for the term of accept following compensation for the Work the sum of 4 2013 2014 00 per September 1 through August 31 payable on a monthly basis of 850 month pro as as is more described in Exhibit A to this rata applicable particularly Amendment No 3 Subsequent to this initial term if the City extends the Agreement the fees set forth in Exhibit A shall be increased by 3 for the subsequent new term
the Section 3 Section 2

listed in Exhibit A attached to this Amendment No 3 for the term

Except

remaining

terms of the

specifically amended by this Agreement including Amendment No
as

Amendment No

3

the

1 and Amendment No

2

shall remain in full force and effect

Page 68 of 267

CITY OF INDIO A

municipal corporation

MICHAEL WILSON

Mayor
ATTEST

of the

City

of Indio

CYNTHIA HERNANDEZ

City

Clerk CONTRACTOR EXCEL

LANDSCAPE

INC

Title Name

Title Name

APPROVED AS TO FORM

ROXANNE M DIAZ

City Attorney

2 Page 69 of 267 Page

EXHIBIT A SCOPE OF WORK and COMPENSATION

Page Page 703 of 267

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Page 71 of 267

Attachment B

CONTRACT AGREEMENT THIS AGREEMENT is made and entered into this 1st day of September 2012 by and between the City of Indio hereinafter referred to as City and Excel Landscape Inc located at 710 Rimpau 108 Corona CA 92879 hereinafter referred to as Contractor In consideration of their mutual covenants the

parties

agree

as

follows

Contractor shall furnish all labor materials perform the following work in the City of Indio

equipment and supplies necessary to strictly in accordance with the Contract the Contract Documents including Documents including the Notice Inviting Sealed Bids Proposal Instructions to Bidders General Provisions Special Provisions Plans and Specifications and Exhibits thereto each of which documents is made a part of this Agreement as though fully set forth herein for the following project
CITYWIDE PARKS LANDSCAPE AND LIVID MAINTENANCE 2 The terms of this

Agreement

shall be for

a

period

of 12 months which the

City

extend for four 4 additional 12 month periods Contractor commences work During the term the F of the General Provisions pursuant to Section III
3 In consideration to the

commencing on Agreement may

the date

may the

be terminated

Contractor and

performance of this Agreement the City agrees to pay Contractor agrees to accept in accordance with the following schedule

SCHEDULE A During the first twelve

12

payable

on a

monthly

month period of the Agreement the sum of 398 00 160 basis at 33 00 180 month Sum Base per hereinafter

Schedule

A

SCHEDULE B

During the first twelve 12 month period A N payable on a monthly basis at Schedule B
4

of the

Agreement
per month

the

sum

of

hereinafter

A N Base Sum

The fees set forth in Exhibit A Schedule A and Schedule B shall be increased 0 on each anniversary date of the start date of the contract 3

by

5 Deleted 6 In the event any legal action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall in addition to any other costs and relief be entitled to its reasonable

s attorney
1 CA

fees

Page 72 of 267

7

and

Concurrently with the execution of this Agreement Contractor shall file with the City keep current the certificates of insurance specified in said Contract Documents Agreement
shall not be

8

This

assigned

without the written

permission

of the

City

Council 9 The

City

reserves

the

right

to add additional

areas

to add or delete any portions of this contract at any time based on the extrapolated current per acre

or

price

10 After the first year of the Contract either the City or the Contractor may cancel the Contract without cause or penalty upon 30 days written notice to the other party

2 CA

Page 73 of 267

s Bidder Name

Excel

Landscape

Inc

SCONTRACT AGREEMEN T BIDDER EXHIBIT A To the Honorable Mayor and In

City Council

of the

City

of Indio

accordance with the specifications in the contract finents cl which are on file in the office of the Contract Administrator of the Indio to the s atisfaction and under of City direction of the Contract Administrator at the

Inviting Sealed Bids the undersig ned hereby agrees to furnish all labor materials equipment a nd supplies for project Citvwide Parks Landscape and LIVID Maintenance for the CiiV of Indio CA in
enter into a contract and

compliance with

the Notice

following prices

SCHEDULE A No i ItGn G1 02 G3

Citywide Parks Parkways triedians

and round s

pt10 S
1311RR STRI E I PARK CAI IUILI A PARK DOG PARK

MOn117 t3rICC
00 400

9 9 00 00
500 00

ANIMAL CARL CIN1 ER

G4 G5 GG G7

DOMINGUEZ PARK DR CARREON PART MILES AVENUE PARK N JACKSON PARK SI IIELDS PARK S JACKSON PARK YUCCA PARK ROTARY F

00 1200 00 1000 00 3000 KENNER TURF 0o 2400

GO G9 G10

00 X400
DAVIS F SOCCER PARK

00 8500 530 00

G11

CIVIC CENTER

PUBLIC LIBRARY

00 540

G12
G13

CORPORATE YARD DATE MUSEUM 1909 SCHOOLHOUSE

00 5200
400 00

G14

INDIO SENIOR CENTER 3 CA

00 650

Page 74 of 267

CONTRACT

AGREEMENT

vI Bidder dame Excel G15 6316 G17 INDIO TEEN CENTER POLICE STORAGE FACILITY PUBLIC SAFETY GEN1tiR FIRE STATION 3 FIRE STATION fl4 FIRE STATION 5 AVENUE 42 MEDIANS FRED WARING MEDIANS 1IWY 1 i1 Ml DIANIS i AS I Ill MG HWY fiT DIANSWG INDIO BLVD MEDIANS 6 SI if DR 11 1NGMAN P JACKSON ISLANDS MAFtSI IALI PARKWAY JEFFERSON STREET MEDIANS

Landscape

Inc

1200

00

00 200

420 00

G1d

200

00

G19 G20 G21

45oi oo 380
00

G22 G23 24 0

300

00

300 00 675 3000 600 600 y3oo 200
00

G25 G26 G27

00

00

00

G28 G29

JEFFERSON STMEDIANSAT SHADOW HILLS HS MADISON STREET MEDIANS

o0

PARKWAY

00

G30 331 G32

MONROE STREET MEDIANS S OF HWY 11 I OASIS STREET KING STRI CT ISLANDS

200 00
370
00

ROUTE 86 MEDIANS VICTORIA STREET MEDIAN DUNES PALMS ROAD PARKWAY INDIO BLVD MONROE ACCESS JOHN NOBLES SOUTH PARKWAY

400 00

G31 G34

200 200 OVERPASS

00

00

G35 G36

00 800
200 00

4 CA

Page 75 of 267

CONTRACT AGREEMENT

s Bidder Name

Excel

Landscape

Inc

otal K4011thly Bid SCHEDULE A in Figures I Total Annual Bid SCHEDULE A in

180 00 33

igures f

398

160

00

Note The annual amount shall be 12 times the bid amount

monthly

amount and shall lie deemed the

5 CA

Page 76 of 267

IN WITNESS executed

WHEREOF

the

parties

hereto have caused this

Agreement

to be

ATTEST

C X61
Ctfy

te

Ol

rel CONTRACTOR
Address drd

Clerk City of Indio

jG R

Telephone Fay
Nar Title

Fay
Nar Title

AFIPROVEJ2 S I O FORM

DI e Rdk6nh
CITY

ATTOZEY

CITY OF INDIO

NOTE ALL SIGNATURES OF CONTRACTOR MUST BE NOTARIZED

IF CORPORATION
SIGNATURES

TWO NOTARIZED

PRESIDENT OR VICE PRESIDENT AND SECRETARY AND CORPORATE SEAL OF CONTRACTOR

REQUIRED END
OF

SIGNATURES
6 CA

Page 77 of 267

CALIFORNIA ALL PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
State of California

County

of

i

y
YY S
1

Uc

On

personally appeared
who the

proved

to me on the basis of
now

satisfactory
ed to

evidence to be hat
n

person
execute

s whose
the
s

name e

wilhill capacit ies

tarts anent and act
an

me

they

inNeil the

s

are e

ubscribed to uthorized

hat

by

19

their

ignatur s
a

the ins ument the perso

s

or

entity

upon behalf of

which the persons acted execut I

instrwn

certify

wider PENALTY OF PERJURY wider the laws of the State of California that the

is true and correct

foregoing paragraph
AY 259

MASON J

W

NESS IP

my

d and officio

cal

J tyJ

I

NWary
MYComrtthao

C

1
N

JOmla

O6uMY

2016 Marta t7

Signalun

of Nmnry Pn Iie

Nntnry 6u l

i

ADDITIONAL OPTIONAL INFORMATION TNSIFOR COlvil IIONS RUC LETING TITIS FORM it Califomla slut contain verbiage exactly as appears above i the notary section or a separate ackumviedgment fans oust be pralxrly carrgd ocd and aumhed to that document The only exception is if a
Any ad7sowbugmant completed ofCalifomin In such antances any ahernanve printed on such a document so long as Be verbiage does not require the nornty to do aosething that Is illegal for n enter in California l a certh ing the authorized calaciq of the stgncr Please check the document carefully far proper notarial wording and coach tho farm rfreonrcd
document
is to

SCRIPIION DF

Title

ewvzh f
ur

1I4H 0O1
d

ITACIIED DOCUMENT A

be recorded cosine
as

chcJ Jocmnent ription of alt

acknowledgment verbiage

may

be

Title

or

Number of

description Pages
J

of attad of document crntinucd

1

neat

Dale

A dicalta it ormaliou

and Comity where the document public for acknowledgment Date ofnnimizafion must be the data that the spersonally appeared which signer most also be the same data the acknowledgment is coastal ctcd na notary public must print his or her name as it appears wiWin his or bar commission followed by a comma and than your title notary public nbn to name s of docmnent signer s who personally appear at the time of

State and

Costly hmfurmation

trust

Its Vic Slate

s signer personally appeared

bcfom the notary

notarization

ACITY CLAIMED DY THE SIGNER

Indicate the

correct

singular

or

plural forms by crossing off inconeat forms i e

Q

Individual a
toiate

Officer

Partner s Pact in Attomey s Trustee
Odiel

amIor circling the correct forms Failure a correctly indicate this shdiboy is he information nsay lead to rejection ofdocurrenl recording Ihc notary sea impmssimt must be clear and photographical y reproducible seal if a Impressimi must not cover text or lines Ifseal impression smudgev re sufficient area permits otherwise complete a diffinenl acknowledgment form Signature of 0he notary public nest match the signature on file with the afree of
the

county clink

Additional utforration is not nclrowhedgment is not misused Indicate
title
or

required
or

but could
to
a

help

to

ensure

this

attached

different document

document number of pages and date the signer Ifthe claimed capacity is corporate officer indicate the title i e CEO CrO Secretary
Irdiaste the
mmdm this

type ofatlacicd clininn ad

capacity

by

a

Securely

doeumcnl to the

signed

dncumrnt

200SVcrsion CAl 9965 wwiv 079INY873 10 Avl2 com NotaryClassee

Page 78 of 267

Bond Issued In Two

2 Counterparts

024040296 Bond Premium 5 734
Stated premium is fully earned Premium is for the contract tern

CONTRACT PERFORMANCE BOND

CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS

PUBLIC

WORK

and is suited to adjustment based on Anal contract rice

THAT WHEREAS the City of Indio California sometimes referred to hereinafter Obligee has awarded to Excel Landscape Inc hereinafter designated as the Contractor an agreement for the work described follows
CITYWIDE PARKS LANDSCAPE AND LIVID MAINTENANCE

as

as

hereinafter referred WHEREAS
that certain

to as the Public Work and

the work to be

performed by
Public

the Contractor is more Work

particularly

set forth in

contract for the said

dated September 1 2012

referred to as the Public Work herein by this reference and

Contract

which Public Work Contract is

hereinafter incorporated

WHEREAS the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof

NOW THEREFORE
Contractor
as

we Principal and

Excel

Landscape Inc

the

First National Insurance Com

undersigned

a corporation organized and existing under the laws of the State of New Hampshire and duly authorized to transact business under the laws of the State of California as Surety are held and firmly bound unto the City of Indio California in the sum of Three Hundred 1 Dollars Eight Ninety 00 160 3sa said sum being not less than One Hundred percent 100 x of the total amount payable by the said Obligee under the terms of the said Public Work Contract for which amount well and truly to be made

we bind

ourselves

our

heirs

executors and

administrators

successors

and

assigns

jointly

and

severally firmly by

these presents

SUCH that if the bounded Principal his its heirs executors administrators successors or assigns shall in all things stand to and abide by and well and truly keep and perform the covenants conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided on his or its part to be kept and performed at the time and in the manner therein specified and In all respects according to their intent and meaning and shall faithfully fulfill the one year guarantee of all materials and workmanship and indemnify and save harmless the Obligee its officers and agents as stipulated in said Public Work
or

1 THE CONDITION OF THIS OBLIGATION IS E

Contract then this obligation shall become null and void otherwise

it shall be and remain in full force and effect In case suit is brought upon this bond the said Surety will pay to Obligee a reasonable attorney s fee to be fixed by the Court

1

One Hundred

Sixty

and 00 100

7 CA

Bond Effective from

September 1

2012 to

September 1

2013

Page 79 of 267

The said

Surety

for value received

hereby stipulates

and agrees that

no

change

extension of time alteration or addition to the terms of the Public Work Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond and it does hereby waive notice of any such change extension of time alteration or addition to the terms of the Contract
or

to the work

or

to the Specifications

No final settlement between the Obligee and the Contractor shall hereunder whose claim may be unsatisfied

abridge

the

right

of any

beneficiary

Principal and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond each shall pay the Obligee s reasonable attorney sfees incurred with or without suit in addition to the above sum
IN WITNESS WHEREOF August
we

have hereunto set

our

hands and seals this 2012

16th

day

of

PRINCIPAL
Fxccl

Lncjscape

Inc

By

r
SURETY
First National insurance

Company

of America

0y

t
Fact in Attorney
annbr Lopez Sl

The rate of premium The total amount of

on

this bond is 14A0

per thousand

prernium charges

00 734 isy5

The

above must be filled in

by corporate attorney

8 CA

Page 80 of 267

IMPORTANT Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code and if the work or project Is financed in whole or in part with federal grant or loan funds must also appear on the THIS IS A Treasury Departments most current list Circular 570 as amended
REQUIRED FORM

Any claims Name

under this bond may be addressed to
First National Insurance

and Address of Surety

Company

of America

790 The

City Drive South
CA 92868

Suite 200

Name and Address of Agent Representative for service of
process in California if different from above

or

HUB International Insurance

Services

Inc

470 E

Highland

Ave

CA 92373

Telephone Number of Surety and Agent or Representative for service of process in California

634 714 3311

909 793 Agent 2373

9 CA

Page 81 of 267

STATE OF CALIFORNIA
ss

COUNTY OF
On this a n
Na

a n

day of

nla
a

in the year

Na

before me

Notary

Public in and for said state

personally appeared
known to
me to

nia

be the person whose name is subscribed to the within instrument as the nta Surety and Fact of the in Attorney nia to me that he subscribed the name of the acknowledged nla Fact in Surety thereto and his own name as Attorney

SEE ATTACHE D

Notary Public

in and for said State

SEAL

Commission

Expires

a n

NOTE A copy of the Power of Attorney to local representatives of the must be attached hereto

bonding

company

10 CA

Page 82 of 267

CALIFORNIA AL I PURPOSE

ACKNOWLEDGMENT

State of California

County of

San Bernardino

On AugLISt 16 2012

before

me

Raquel L Sato

Notary

Public

personally appeared

Shannon Lopez

who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument
I certify under PENALTY OF PERJURY foregoing paragraph is true and correct

under the laws of the State of California that the

WITNESS my hand and official seal
z

QUEL LSOTO

3 1

Signature

Seal

L C

05

GOrA 4958218
NOTAM PUNJO w cagrtr

z
3 48

1

f 5 1

Page 83 of 267

This Pourer of

THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND Attorney limits the acts of those named hereln and they have no authority to bind the Company except In the manner and to the extent herein stated First National Insurance Company of America General Insurance Company of America
Safeco

5329464

Cer ifcate No

Insurance Company of America

POWER OF ATTORNEY
KNOWN

ALL PERSONS BY THESE PRESENTS That First National Insurance Company of America General Insurance Company of America and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire herein collectively called the Companies pursuant to and by authority herein set fodh does

hereby

name constitute read

appoint

MARTIN

M

DAVIS

PETER M

DAVIS

GEORGE A

GECRISTO

GALE GELD

SHANNON LOPEZ

KEN21E K THOMPSON

till of the and

REOLAN09 CALIFORNIA stale of each individually if Installer more than one named its tmeand lawful city of Imlad to make execute seal acknovdadge attorney deliver for and on its behalf as surety and as its act and deed any and all undertakings bonds recognizances and other surety obligations in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons

IN WITNESS WHEREOF this thereto this
tern

Power of Attorney has been subscribed by
Aare
2012

an

authorized officer

or official

day of
a

of the Companies and the corporate seals of the Companies have been affixed

a
n

J

cn sr
x

k

e

c

I

I

t

1

l

f

Company of America Company of America Safeco Insurance Company of America
General Insurance By ytT Gregory W Davenport Assistant Secretary

First National Insurance

STATE OF WASHINGTON io Z C

ss

20
III

COUNTY OF KING

C
c

y m
a y m

On This

zoi2 before me personally appeared Gregory W Davenport who acknowledged himself to be tlo Assistant Secretary of First National America General Insurance Company of America and Solace Insurance Company of America and that he as such being authorized so to do execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer Insurance of IN WITNESS

rem

day Company

of

awn

u to
dW
c C

WHEREOF I have hereunto subscribed my

name

and

affixed illy notarial seal at Seanle Washington

on

the

day and year

first some written

M
C

jA
6y

O

h1 rr UGtGat F y KD

Riley Notary

blic

p Ct a C
3
0 CL
m

ore
r

i
This Power of

Attorney

rn
m

Insurance Company ARTICLE IV

is made and executed pursuant to and by authority of the following By law and Authorizations of First Nalional Insurance Company of America General ofAlnoriri and Safecoblsurance CompanyofAmerar lch arenowin full forceand effectreading asfollows

0

o

m

0

r

OFFICERS

L subject to such Iirritmon as a seal acknowledge and deliver as surety any and all undertakings bonds recognizari and minor surety obligations Such fact subject to the limitations set forth in their in aflomeys of attorney shall have full power to bind the Corporation by their signature and executed such instruments shall be as binding as it signed by the President and as J2 m respective powers O0 2 t attested to by the Secretary Any power or authority granted to any representative aaffomoy fact under the provisions of this article may be revoked at any time by the Board the xo o in a Chairman the President or by the officer or officers granting such power or authority w

pe

Section 12 Power of Attorney Any officer or other official of me Corporation authorized for that purpose in writing by the Chairman or the President and the Chairman or his President may prescribe shall appoint such attmmays Intact as may be necessary to act In behalf of the Corporation to make execute

e
y

0

Certificate of

Z

3

Designation allomeysm as may be fact other surety obl gations
i

necessary to act

The President of the Company acting pursuant to the Bylaws of the Company authorizes Gregory W Davenport Assistant Secretary to appoint such on behalf of the Company to make execute seal acknowledge and deliver as surety any and all undertakings bards recognizances and

M
r

o

U0 xn of

Authorizatlon
of the

By

una n

im ous consent

th

e

Company wherever appearing upon a certified copy of any power the Company with the some force and effect as though manuaey affixed

C ompany s B oard of Directors the Company consents that facsimile or mechanically reproduced signature plenty assistant secretary of attorney issued by the Company in connection well surety bonds shall be valid and bldhg upon

10 r

I David M Carey the undersigned Assistant Secretary of First National Insurance Company of America General Insurance Company of America and Solace Insurance Company of America do hereby certify that the original power of attorney of which theforegoing is a full true and correct copy of the Power of Attorney executed by said Companies is in full force and effect and has not been revoked
IN TESTIMONY
L i r
r

WHEREOF I have hereunto set Iny hand and affixed the seas of said Companies this
P

day

or

20

rii
y

r

c r

JJ
s

fir
r

j
J

1

tl
r

By
David M

ASSistant Secretary Carey

FNICA GICAa POA
LMS

SICA 12814 3 801012 Cancan

Page 84 of 267

Bond Issued In Two 2

Counterparts

024040296 Bond
Premium Included in

Performance Bond

PAYMENT BOND

CALIFORNIA

PUBLIC

WORK

KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the

City

Obligee

has awarded to

Excel

of Indio California Landscape Inc

sometimes

hereinafter referred to

as

hereinafter designated
work described
as

as

the

Contractor

an

agreement

dated September 1

2012

for

follows
LIVID Maintenance

Citywide

Parks

Landscape and

hereinafter

referred to

as

the Public Works

Contract

and

WHEREAS said Contractor is required to furnish a bond in connection with said Public Works Contract and pursuant to Section 3247 of the California Civil Code NOW THEREFORE we Excel Landscape undersigned Contractor as Principal and
Inc First National

the 1 Insurance
a

corporation

organized and existing under the laws of the State of New Hampshire and duly authorized to transact business under the laws of the State of California as Surety are held and firmly bound unto the City of Indio California and to any and all persons companies or corporations entitled to file stop notices under Section 3161 of the
Three Hundred Ninety Eight Thousand One Hundred 160 398 00 Dollars said sum being not less than One Hundred Percent 100 of the total amount payable by the said Obligee under the terms of the said Public Works Contract for which payment well and truly to be made we bind ourselves our heirs executors and administrators successors and assigns and jointly severally firmly by these presents

California Civil Code in the

sum

of

100 Sixty and 00

1 Company of America

Bond Effective from

September 1

2012 to

September 1

2013

11 CA

Page 85 of 267

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Contractor his or its shall fail to heirs executors administrators successors or assigns or Subcontractors or other supplies implements machinery or power pay for any materials provisions used in upon for or about the performance of the Public Work contracted to be done skills or other or to pay any person for any work or labor of any kind or for bestowing amounts due the under Unemployment Insurance necessary services thereon or for Code with respect to such work or labor or for any amounts required to be deducted withheld and paid over to the Employment Development Department from the wages of of said Contractor and his Subcontractors pursuant to Section 13020 of the

employees and labor as required by the Unemployment Insurance Code with respect to such work the Surety or Sureties provisions of Section 3247 through 3252 of the Civil Code the sum specified in this bond hereon will pay for the same in an amount not exceeding otherwise the above obligation shall be void In case suit is brought upon this bond the same Surety or Sureties will pay a reasonable attorney s fee to be fixed by the Court In addition to the provisions heminabove it is agreed that this bond will inure to the benefit of any and all persons companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code so as to give a right of action to them or their assigns in
any suit brought upon this bond

of The Surety for value received hereby stipulates and agrees that no change extension Works or to the work terms of the said Public Contract alteration or additions to the time in any to be performed thereunder or the Specifications accompanying the same shall waive of such this and it does notice any bond hereby way affect its obligations on of the to the to terms Contract work of or addition the extension time alteration

change

or to the

Specifications
shall

Obligee and the Contractor hereunder right of any beneficiary hereunder whose claim may be unsatisfied
No final settlement between the

abridge

the

to engage the services of an the Obligee s attorney in connection with the enforcement of this bond each shall pay the above sum in addition to fees incurred with or without suit

Principal

and

Surety agree

that if the

Obligee

is

required

reasonable

s attorney

IN WITNESS WHEREOF August

we

have hereunto set 2012

our

hands and seals this

16th day of
c

PRINCIPAL

12 CA

Page 86 of 267

IMPORTANT Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code and if the work or project is financed in whole or in part with federal grant or loan funds must also appear on the Treasury Department s most current list Circular 570 as amended THIS IS A REQUIRED FORM

Any

claims under this bond may be addressed to

Name

and Address of

Surety

First National Insurance

Company

of America

790 The City Drive South Suite 200

Orange

CA 92868

Name and Address of Agent Representative for service of
process in California if different from above

or

HUB International Insurance Services Inc

470 E

Highland

Ave

Redlands

CA 92373

Telephone Number of Surety and Agent or Representative for service of process in California

714 634 Surety 3311 909 793 Agent 2373

13 CA

Page 87 of 267

STATE OF CALIFORNIA
ss

COUNTY OF

a n

On this

a day of n
a n

a n
a

a before me in the year n for said Public in and Notary

a n

state

personally
me

the Attorney Fact in the person whose name is subscribed to the within instrument as

appeared

a n

known to

to be

SEE ATTACHED

Notary

Public in and for said State

SEAL

Commission

Expires

NOTE A copy of the Power of Attorney to local must be attached hereto

representatives

of the

bonding

company

14 CA

Page 88 of 267

CALIFORNIA ALL PURPOSE ACKNOWLEDGMEN V

State of California

County

of

San Bernardino

On August 16 2012

before

me

Raquel L Soto Notarv Public

personally appeared

Shannon Lopez

who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument I certify under PENALTY OF PERJURY foregoing paragraph is true and correct WITNESS my hand and official seal under the laws of the State of California that the

z
a p

QUEL L SOTS
COMM 1958218
urrEUa
0

z
s P

Signature

Seal

4
1

20 21 9

Page 89 of 267

THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attomey limits the acts of those named harem and they have no authorityto bind the Company except in the manner and to the extent herein stated
Certificate

5329461
No

First National Insurance Company of America General Insurance Company of America
Safeco Insurance

Company of America

POWER OF ATTORNEY
ALL PERSONS BY THESE PRESENTS That First National Insurance Company of America General Insurance Company of America and Safety Insurance Company of America are corporations duty organized under the laws of the State of New Hampshire herein collectively called the Companies pursuant to and by authority herein set forth does
KNOWN conshiute and

hereby name

appoint

MARTIN M

DAVIS

PETER M

DAVIS

GEORGE A DECRISTO GALE

DELO SHANNON LOPEZ KENLIE K THOMPSON

all of the City Of and shall be as

deliver for and

CALIFORNIA State of each individually it there be more than one named its true and lawful indact to make execute seal acknowledge agorney behalf as surety and as Its act and deed any and all undertakings bonds recognizances and other surety obligations in pursuance of these presents and binding upon the Companies as if grey have been duty signed by the president and attested by the secretary of the Companies in their own proper persons

EEDLANOS
on

its

IN WITNESS thereto this

WHEREOF this Power of Attorney has been subscribed by
1em

an

authorized officer

or

official of the

day of

Amu

Companies

and

2012

the corporate seals of the Companies have heart affixed

First National Insurance t
1

t

1

General Insurance Safeco Insurance

Company of America Company of America Company of America

sg
By
u

Y y

N
STATE OF WASHINGTON
s

Gregory W

Davenpon Assistant Secretary

n

COUNTY OF KING
1al cal

a
w

OR V IN

On Ihis

O

N

N

me personally appeared Gregory W Davenport who acknowledged himself to be the Assistant Secretary of First National Company of America and Safeco Insurance Company of America and that he as such being authorized so to do execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as aduty authorized officer

mm

Insurance

non day of Company of America

m2

before

Geneml Insurance

uF
orW
E on

d

IN WITNESS

m

WHEREOF f have hereunto subscribed my nano and

affixed my notarial seal at Seattle Washington

on

the

day

and year first abovewritten

a
O
t Nl Tir LCLy D Riley I

Oy
ti

2

O

Notary

hlie

C
W

OE
E
This Paver of

d

Attorney is made and executed pursuant to and by authority of the following By law and Authorizations of First Insurance Company of America and Safcco insurance Company of America which are nav in full force and effect reading as follows

National Insurance

Company

of

America General
r

VO

z

O

ARTICLE IV OFFICERS

0r
w

Section 11 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such imitation as the Chairman or the President may prescribe shall appoint such allomeys Infact as tray be necessary fo act in behalf of the Corporation to make execute seal acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety ooi atbns Such altomeysdnfact subject to the limitations set forth in their respective powers of attorney shall have full power to bind the Corporation by their signature and executed such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or agomey fact under the provisions of this argce may be revoked at any lime by the Board the in Chairman the President or by the officer or officers granting such power or authority
Certificate of

O

a

a RO O
OC
a N

Designation President of Company acting pursuant to the Bylaws of the Company authorizes Gregory W Davenpod Assistant Secretary to appoint such attomeys as may be necessary to act on behalf of the Company to make execute seal acknowledge and deliver as surely any and all undertakings bonds recognizances and fact in other surely obligations
The the Authorization of the

EN
M

00
01

By unanimous consent of the Company Board of Directors the Company consents that facsimile or mechanically reproduced signature s Company wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds shall the Company with the same force and effect as though manuatly affixed

0 of

any assistant secretary

1

T

be valid and

biding

upon

1 David M Carey the undersigned Assistant Secretary of First National Insurance Company of America General Insurance Company of America and Safeco Insurance Company of America do hereby cer ify that the original paver of attorney of which Hie foregoing is a full true and correct copy of the Power of Attorney executed by said Companies is in full force and effect and has not been revoked
IN TESTIMONY

WHEREOF I have hereunto set my hand and affixed the seals of said Companies this

J

day of

5f 20 12

ti

1

By
David M

Carey Assistant Secretary

POA LMS

FNICA GICA SICA 12074 3 041012 Company

Page 90 of 267

AMENDMENT NO 1 TO THE AGREEMENT BETWEEN THE CITY OF INDIO AND EXCEL LANDSCAPE INC FOR LANDSCAPING
SERVICES

between the

This Amendment No 1 is entered into on this City of Indio and Excel Landscape Inc RECITALS

171h day

of

July 2013 by

and

currently provides City with annual landscape maintenance for citywide parks and parkways pursuant to an agreement entered into by the parties dated September 1 2012 Agreement
B City desires to amend that Agreement to include annual maintenance for the city s Landscape and Lighting Districts

A

Contractor

landscape

C Contractor is qualified and agrees to provide the additional work pursuant to the terms of this Amendment No 1 to the Agreement

NOW THEREFORE
as

for

good

and valuable

follows
The
as

consideration the parties

agree to

Section 1 amended to read

Project referenced

in

Paragraph

1 of the

follows

Agreement

is

hereby

CITYWIDE PARKS AND PARKWAYS LANDSCAPE AND LIGHTING DISTRICT Section 2
of the The is

MAINTENANCE

AND

CITYWIDE

paragraph regarding SCHEDULE
amended to read as follows

B set forth in

Agreement

hereby

Paragraph

3

SCHEDULE B

For the term effective August 6 2013
the sum of

452 244 payable

on

a

687 37

per month

hereinafter

Base

through August 30 2014 of the Agreement monthly basis pro rata if applicable of Sum Schedule B

Section 3 follows

Paragraph

4 of the Agreement is

hereby

amended

to read as

The fees set forth in Exhibit A Schedule A and Exhibit B Schedule B shall be increased by 0 3 on each anniversary date of the start date of the contract
Section 4 The Exhibit attached to this Amendment No Schedule B shall be added and incorporated into the Agreement 1
as

Exhibit

B

Page 91 of 267

Section 5

Except

as

Agreement

dated

September

specifically amended by this Amendment No 1 the 1 2012 shall remain in full force and effect

EXECUTED this

171h day of July

2013 at Indio California

CITY OF INDIO A

municipal corporation

ELAIN

H

M S

Mayor of

the

City

of Indio

ATTEST L

J t 6

l

CYNTHIA
City
Clerk

HERNANDEZ
y

EXCELLANDSCAPE CONTRACTOR
INC

Page 92 of 267

APPROVED AS TO FORM

MNNE RO

DI

City Attorney

Page 93 of 267

EXHIBIT B SCHEDULE B
TO BE ATTACHED TO THE AGREEMENT

4

Page 94 of 267

SCHEDULE B CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS
PROJECT NO

Paul

Stalma

Project Manager

LS1201

ITEM NO

L
SUNDANCE SUNTREERANCH
PARKPASEO

ITEM

EXCEL LANDSCAPING INC LLDB
MONTHLY

ANNUAL

L1

1

00 700

L2

2

S
S

400 00

L3

3

00 400

E

L4

JACKSON

PARK

4

S

40000
ISOW

S

15

PACESETTER WHISPERING PALMS

5

LB

0

00 500 40000 E
500 co

L7

PALMWOOD
S LUMSERMAN BUSINESS PARK PAN
AMERICAN

7

LB

B

L9

0

00 400

LID

LIBERTY
SANTA

VILLAGEDESERT

SONG

10

00 S 400
00 090

III

FE

11

L12

PARK MADISON

12

00 400

L13

INDIO CENTER PLAZA

13

29000
00 409 E

S

L14

WILDFLOWER
VILLA PACIFIC

14

LIS
LIS

15

40000

ZALAY

RANCH
i II

18

40000
00 400

L17

HIGHWAY ENCANTO
PALM

17

S S j

LIS

HOMES

10

40000 S

LID

MEADOWS

19

001 00
00 400 i

L20
LZI

EL CID
SANTA ROSA

20

21

00 700
S
00 115 t

s

L22

RIVEREEND NIA

22

L23

L24

OALIFORNIAPALMS
VERANDA

24

E E S

00 090

L25

25
25

500

L26

RINCON

HOMES
PLACE

045 00

1
I

L27
L20

SUMMER

27

001 420
E

CALIFORNIA

PALMS RANCH

it

28

27i00i
001 700
I

L29

CHEYENNE

28

L30

NIA

L31

WARING

PALMS

31

00000
60000

600 9

L32

MONTEGO DUNES

32

L33

VILLAESTATES
MADISONRANCH

33

70000 000 E 1 00
21

L34

34

L35

CORTABELLA
BELLAVIDA

35

400001
E

S

L30

30

80000i 800 1 00

5

L37

LAS BRISAS NORTH

37

E

10

2

Page 95 of 267

SCHEDULE B CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS
PROJECT NO LS1201

Paul Stalma

Project Manager

ITEM ITEM NO

EXCEL LANDSCAPING INC LLDp
MONTHLY

ANNUAL 00 400 62 80000 16 00 400 14 40000 8

L38

VILLAMONTEGO

38

5

200 5 00 40000 1

L39

MONTICELLO II

39

L40

SHADOW HILLS

JACKSON

40

5

200 If 1 00
00 700

L41
L42

SUNBURST
NIA

41

8

L43

WHITTIER RANCH PALAZZO
SHADOW

43

IT i IS

900 1 00 00 800

80000 22 500 9 00
5

L44
L45

M

HILLS BUSINESS PARK

45

90000

00 600 10 00 800 10 000 0 00 40000 28

L46
L47

BELLA

TIERRA

40

1 90000

RANCHO VERDE HACIENOASIPATTON NIA DESERT
TRACE PARK

47

50000
200 2 00

L48
L49

48

L50

50

10000 2 IT
1

00 200 25

is

00 S 607 37

452 00 244

2 of 2

Page 96 of 267

AMENDMENT NO 2 TO THE AGREEMENT BETWEEN THE CITY OF INDIO AND EXCEL LANDSCAPE FOR LANDSCAPING SERVICES
This Amendment No 2 is entered into on this 20th day of November 2013 by and between the City of Indio City and Excel Landscape Inc Contractor RECITALS A

Contractor currently provides the City with annual landscape maintenance for citywide parks and parkways and as well as for the City s Lighting and Landscape Districts LLD s pursuant to an agreement entered into by the parties dated September 1 2012 and amended by Amendment No 1 on September 17 2013

collectively Agreement
B

City desires to amend the Agreement to include as part of Contractor s landscape maintenance for the properties taken over by the City from the Successor Agency to the Redevelopment Agency of the City of Indio
scope

desires to amend the scope of work and provide for additional and finds that the Contractor is qualified and agrees to provide the additional work pursuant to the terms of this Amendment No 2 to the

C

City

compensation

Agreement

NOW THEREFORE for good
as

and valuable

follows Section 1

consideration the parties

agree to

Contractor shall provide landscape maintenance services for the listed in Exhibit A attached to this Amendment No 2 for the term beginning on September 1 2013 through August 31 2014 Work Said work is subject to all the terms and conditions of the Agreement and the term may be extended as set forth in the

properties

Agreement
Section 2 City agrees to compensate Contractor and Contractor agrees to the accept following compensation for the Work the sum of 49 500 for the term of September 1 2013 through August 31 2014 payable on a monthly basis of 00 950 4 per month as is more particularly described in Exhibit A to this Amendment No 2 Subsequent to this initial term if the City extends the Agreement the fees set forth in Exhibit A shall be increased by 3for the subsequent new term
Section 3

remaining

terms of the

force and effect

Except as specifically amended by this Amendment No 2 Agreement including Amendment No 1 shall remain in

the
full

Page 97 of 267

CITY OF INDIO A munioi

rporaF

ELAINE HOLMES

Mayor
ATTEST

of the

City

of Indio

YNTHIA

City

Clerk

u HERNANDEZ
CONTRACTOR EXCEL LANDSCAPE INC

fwaa
title e
Title Name

J

APPROVED AS TO FORM

ROXANNE M DIAZ

City Attorney

Page 2

Page 98 of 267

m

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Page 99 of 267

ITEM NO 4h

SUBMITTAL TO THE CITY COUNCIL CITY OF INDIO CALIFORNIA

April 16

2014

FROM

Public Works

Department 200 000 for Districts and

SUBJECT

repairs

Blanket Purchase Order for Excel Landscape Inc in the amount of and improvements to irrigation and landscapes in Lighting and Landscape
areas

General Fund

RECOMMENDED MOTION
the amount of

Approve
and

a

Blanket Purchase Order with Excel to

000 200 Landscape Districts and
SUMMARY Excel

for

repairs

improvements
areas

irrigation

and

Landscape Inc in landscapes in Lighting and

General Fund

city request replaced stolen backflows installed s back flow cages repaired irrigation systems and made improvements to landscapes in Landscape and Lighting Districts and General Fund areas Excel Landscape has not yet been that past paid for the work performed but continues to provide services with the expectation is Council Excel ratification the Landscape diligently helping by City obligations will be paid upon its best staff the Therefore staff requests approval of the Blanket City looking keep city Purchase Order in the amount of 200 000

Landscape has

at the

Continued

on

the next

page
Prepared By
Parks Mike Edgar
II

Landscape Inspector

Cost associated with this action

000 200 In current year budget

Yes

FINANCIAL DATA
Source of funds

Current F Y general fund cost

000 Budget adjustment 56
0 For fiscal year Current account balance Various
Balance

No 13 14

Future F Y cost Various Various

Account number

remaining if approved

Various

Legal Review

Department

Review

Financial Review

Roxanne M Diaz

Grant

Eklund

E P
City Director

Rob Rockwell
Finance Director

City Attorney

Public Works

Engineer
S SIGNATURE CITY MANAGER

CITY MANAGER S RECOMMENDATION

Approve

Page 100 of 267

Blanket Purchase Order for Excel and

Landscape

Inc for

repairs

and

improvements

to

irrigation

landscapes
2014

in LLD and General Fund Areas

April 16 Page 2

BACKGROUND Districts

Excel

maintenance services

Landscape Inc Excel currently provides regular landscape citywide for the City parks and parkways and Landscape and Lighting
was

s LLD

The contract

approved by

the

City

Council in 2012 and amended in

2013 to increase the scope of services Staff is seeking approval to make additional service requests as needed outside the scope of the approved contract At the

improvements to landscapes replaced stolen back flows added cages to protect back flows and repaired damaged irrigation systems Below is a summary of work provided by Excel Landscape followed by estimates for completing other needed restorations which include back flow replacements and other irrigation repairs s City Landscape Landscape
has

direction

Excel

has made

Work that Excel

already performed

this fiscal year

Replace

and

protect

stolen back flows

LLD and General Fund General Fund LLD

Irrigation repairs

landscape improvements

landscape improvements performed
to date

59 000 200 18 000 10 000 52 200 139

Total work

Estimated work that Excel will and

perform

this fiscal year

Replace

protect

stolen back flows

LLD and General Fund

General Fund
LLD

irrigation repairs landscape improvements landscape improvements performed
Blanket Purchase The

14 800 000 4 000 3 000 39
800 60

Total work to be Total

Requested

000 200
Blanket Purchase All Order
covers

FINANCIAL ANALYSIS

1 200

landscape

and

year irrigation repairs through fiscal er Parks and Parkways and LLD budgets ALTERNATIVES 1 Not approve Blanket Purchase O

expenditures

will be absorbed into the current

for Excel

Landscape

ATTACHMENTS

A

Work Excel has

performed

Page 101 of 267

Attachment A Excel

Landscape

Blanket Purchase Order

18 3 2014
Back Flow

Replacement Service Invoice
79429 79441 79442 79443 79785 79786 79787 79788 79789 79791 79792 79793 79795 79796 79797 79798 79799 79800 79801 203372 203373 203426 203367 203368 203369 203427 203428 Order Location Rincon

Date

Purpose
Install Cage

Amount 42 298

12 2014 31 12 2013 31 12 2014 31 12 2013 31 28 2 2014 28 2 2014 28 2 2014

Villa Montego
Villa

Replace
Replace Replace Replace Replace Replace Replace Replace

Back Flow Back Flow Back Flow

420 1 96 988 1 80 752 3 58
45 725

Montego

Rincon EOC Park Paseo Santa Rosa California Palms II

Install Cage
Back Flow Back Flow Back Flow Back Flow Back Flow

936 1 41 525 2 23 096 4 44 143 4 77 967 3 01 866 1 48 031 3 39 391 1 39 293 7 91 061 2 08 164 3 99 365 1 53 816 1 01 829 1 17 352 1 84
99 747 00 135

2014 2 2 8 28 2 2014
28 2 2014 28 2 2014 28 2 2014 28 2 2014

Montego Dunes
Madison Ranch

Zalay

Ranch

Replace Back Flow

Las Brisas North Bella Vida Villa Montego Santa Fe Summer Place Wild Flower Bella Tierra

Replace Back
Replace Replace Replace Replace Replace Replace Replace Replace

Flow

Back Flow Back Flow Back Flow Back Flow Back Flow Back Flow Back Flow Back Flow

28 2 2014
28 2 2014 28 2 2014 28 2 2014 28 2 2014 28 2 2014 21 2 2014 21 2 2014 25 2 2014 12 2 2014

King

St Islands

Bella Vida Palmwood Villa Pacific

Install Cage Labor Install Cage

Jefferson Medians

Replace
Replace

Back Flow Back Flow Back Flow

666 1 13 352 1 32 349 1 37 571 1 07 996 1 92

12 2 2014
14 2 2014 2014 5 3

Cheyenne

ranch

Shadow Hills Jackson Park Sunburst

Replace
Replace

Install Cage Back Flow

2014 6 3

Subtotal Back Flow

Replacement

66 846 58

Page 102 of 267

Irrigation Repairs

Date

Service Invoice
79248 79430 79431 79432 79440 79420 79421 79422 79421 79425 79380 79381 79382 79770 79771 79772 79804

Order

Location

Purpose

Amount

31 12 2013 31 12 2013

Miles Park Annex 111 Medians Miles Park Annex Corta Bella Miles Park Annex Various Various Various Rincon Indio

Irrigation Repair

69 219 88 189 09 97 99 62 17 726 16 374 43 792 64 509 97 189
street

Irrigation Repair Irrigation Repair
Irrigation Repair Irrigation Repair

12 2013 31 2013 31 12
12 2013 31 12 2013 31 12 2013 31 31 12 2013 31 12 2013 31 12 2013 31 12 2013 31 12 2013 31 12 2013 28 2 2014 28 2 2014 28 2 2014 28 2 2014 2014 2 1

Irrigation Repair Irrigation Repair
Irrigation Repair Irrigation Repair
P Call Out water
on

Monroe 0 Blvd

75 00

Various Various Various Various Various Various Villa

Irrigation Repair Irrigation Repair Irrigation Repair

057 1 95
05 488 14 801 35 610 25 705

Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair
Irrigation Repair Irrigation Repair

091 2 28
56 30 04 269 39 111 61 60 04 210 34 302 54 44 31 96 40 46 71 163 88 29 69 257 05 183 61 50 44 193 53 78 02 379 42 160 93 145 61 243 88 29 88 29 02 465 38 06 64 195 77 66

Montego

203209 203214 203387 203221 203214 203392 203409 203391 203386 203217 203379 203380 203403 203378 203381 203385 203384 203218 203219 203220 203224 203400 203223 203405 203406

Burr Park Kenner Turf Desert Trace Las Brisas North

2014 4 1
11 1 2014 14 1 2014

Irrigation Repair
Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair

17 1 2014
19 1 2014 20 2 2014 20 1 2014 21 1 2014

South Jackson Park
North Jackson Park Palm Meadows

King Street Islands
Villa Montego

Irrigation Repair
Irrigation Repair Irrigation Repair

21 1 2014
21 1 2014 28 1 2014 30 1 2014 31 1 2014 2014 3 2 2014 5 2

Montego Dunes
Patton Park Shadow Hills Summer Place Indio Blvd Desert Trace Villa

Irrigation Repair
Irrigation Repair

Irrigation Repair Irrigation Repair Irrigation Repair
Irrigation Repair Irrigation Repair

Montego

2014 5 2
2014 7 2

Soccer Park Cahuilla Park Shadow Hills

2014 7 2
11 2 2014

Irrigation Repair
Irrigation Repair

Montego Dunes
Bella Vida

21 2 2014
21 2 2014 13 2 2014 14 2 2014 17 2 2014

Irrigation Repair
ranch

Cheyenne

Irrigation Repair

Villa Montego South Jackson Park

Irrigation Repair
Irrigation Repair

s Lumberman Page 103 of 267

Irrigation Repair

18 2 2014 18 2 2014 25 2 2014 25 2 2014 26 2 2014 2014 5 2

203407 203388 203412 203412 203414 203398 203425 203397 203395 203396 203416 203399 203418 203450 203415 203417 203452 203420 203419 203458 203464 203453 203421 203451 203457 203459 203456 203423 203432 203424 203460 203475 203476 203465 203461 203463 203462

Summer Place Date Museum

Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair
Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair

14 234 90 327 33 61 28 60 90 123 45 00 04 431 54 44 36 06 76 153 31 96 93 44 51 120 92 91 02 166 36 65 70 78 29 88 70 27 90 210 90 210 50 112 13 287 55 57 14 100 78 53 16 205 82 303 00 180 87 210 51 472 01 315 26 53 40 96 08 97 71 20 28 85

s Lumberman California Palms
California Palms Chamber of Commerce Davis Field Carreon Park Yucca Park Miles Park Annex

2014 2 2 5 25 2 2014
26 2 2014 27 2 2014 28 2 2014 28 2 2014 2014 3

Whispering

Palms

Irrigation Repair Irrigation Repair
Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair

Carreon Park Encanto Homes Desert Trace Verandas Fred Waring Medians Yucca Park Sunburst Bella Vida Whittier Ranch Whittier Ranch Whittier Ranch Bella Vida Fire Station 2 Miles Park Annex Desert Trace

2014 3 2014 4 3
2014 4 3

2014 6 3
2014 7 3 2014 7 3 10 3 2014 10 3 2014 12 3 2014 13 3 2014 14 3 2014 18 3 2014 18 3 2014 19 3 2014

Irrigation Repair
Irrigation Repair Irrigation Repair

Irrigation Repair
Irrigation Repair Irrigation Repair Irrigation Repair

Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair Irrigation Repair
Irrigation Repair

City Hall
Madison Ranch Madison Ranch Monticello

20 3 2014
20 3 2014 21 3 2014 21 3 2014

hwy

111

21 3 2014
24 3 2014

Rincon Bella Vida

2014 2 3 4 25 3 2014
25 3 2014 25 3 2014

North Jackson Park
Davis Field Yucca Park Soccer Park

Irrigation Repair
Irrigation Repair

Irrigation Repair
Irrigation Repair

Subtotal Irrigation Repair

22 331 18

Page 104 of 267

Improvements

Date

Service Order Invoice
79433 79434 79435 79436 79438 79439 79423 79424 79426 79427 203374 203370 79437 79784 79790 79806 79808 79809 79810 203429 203430 203433 203431 203434

Location Las Brisas North Monticello II Monticello II

Purpose

Amount Granite

12 2013 31 12 2013 31 12 2013 31 12 2013 31 12 2013 31 12 2013 31

Decomposed
Rock Rock New DG

933 1 23 487 1 37 469 2 08

Whispering
Burr Park

Palms

Irrigation
for Windbreak

236 2 67 326 1 05 251 2 12 874 2 00

Irrigation
Rock
Plants Plants

Monticello II

2013 31 12
12 2013 31 12 2013 31 12 2013 31 20 2 2014

Whispering

Palms

Monticello II Las Brisas North

Labor

474 2 00 200 1 00
36 00 00 136

Labor D G Plants Plants

City Hall
Teen Center

18 2 2014 12 2013 31
28 2 2014 28 2 2014 28 2 2014 28 2 2014 28 2 2014 28 2 2014 2014 7 3 11 3 2014 17 3 2014 13 3 2014 21 3 2014

Tingman Verizon Old
Burr Park Ave 42 Medians

Dump Fee Labor Gravel
Remove Dirt @ Sod Install Backflow Tie Vines to Wall Remove Traffic

916 4 43 219 2 50 713 1 22
98 577 45 713

Edges

Whispering

Palms

Desert Trace Avenue 42 Medians Avenue 42 Medians Avenue 42 Medians Rincon Desert Trace

Irr Plants

Labor Control

351 5 06 53 768 12 949 9 10

DG Rock DG Rock
Plants
Plants Tree Labor Labor

00 352 00 438 98 212

Hjorth

Park

Irrigation
Labor Ftn Main

Shadow Hills

Plants

992 1 00 393 2 88

Dog Park

Drinking

Subtotal Improvements

65 021 62

Grand Total

Page 105 of 267

ITEM NO 6

SUBMITTAL TO THE CITY COUNCIL OF THE CITY OF

INDIO

CALIFORNIA

April 16
FROM

2014

s City Attorney

Office and

Development

Services

Department

SUBJECT
use

Introduction of Ordinance of the Re and to the

City

relating carryout plastic bags Reusable Bags to the Indio Municipal proposed ordinance
to the use of reusable

use

of reusable

Code and

prohibiting the provision of single bags and adding Chapter 103 consideration of CEQA exemption for the reading
of the text of the ordinance

of Indio

RECOMMENDED MOTION Introduce and waive full

relating

bags

and

request

the

City

Clerk to read the ordinance

by

title

only

SUMMARY

April 2 2014 the City Council introduced the ordinance prohibiting the use carry plastic bags Subsequently an inconsistency in the ordinance was single to the attention of the Development Services Director and the City Attorney regarding the brought applicability of the ordinance to City employees who distribute plastic bags at City events The City Attorney recommended that the policy issue of the applicability of the ordinance
distribution of

On

y
bC1

Continued

on next

page

Roxanne

City Attorney Diaz

Cost associated with this action

000 10
A N A N

In Current Year

Budget

Yes N A 14115

FINANCIAL DATA

Current F Y General Fund Cost Future F Y Cost

Budget Adjustment
For Fiscal Year

Source of funds AB 939 Account number 5590 400 0000 217

Current account balance Balance remaining

000 36

000 26 Financial Review

Legal

Review

Head Review Departme9t

A N Roxanne Diaz

Josep

jm AICP

Rob Rockwell Finance Director

City Attorney

Develo ment Services Director

CITY MANAGER S RECOMMENDATION

CITY

S AGER SIGNATURE

Approve

r ir

V

Page 106 of 267

City

Council Staff
2014 2 of 4

Report

Introduction of Reusable Bag Ordinance Re

April 16

Page

at

City events including
the

permitted by

City

be

those events held by third brought back to the City

parties

that

are

sponsored

or and

Council for further

consideration

and discussion ANALYSIS On March 5 the Council

provided update information pertaining encouragement of reusable bag usage The intent of the CVAG model ordinance like most plastic bag ordinances adopted by other cities throughout California is to prohibit the distribution of single use carryout plastic bags provided for the purpose of carrying away goods from the point of sale at stores which are specifically defined in the ordinance to include among others retail outlets drug stores grocery stores pharmacies food marts and the like Essentially
was

2014

City

to the CVAG model ordinance and

traditional brick and mortar stores The CVAG model person from

ordinance however also contained a provision that prohibited any distributing single use carryout plastic bags at any City facilities City managed concessions City sponsored events or City permitted events unless otherwise provided for in the ordinance This provision is located at Section 103 A of the 05 proposed ordinance and reads as follows
A No Person shall distribute
a

Use Carryout Single

Plastic
or

City concession City managed sponsored event otherwise provided in this Section

Bag at any City facility permitted event unless City

Under the plain reading of the ordinance if the City was distributing a plastic bag for the purpose of transporting food or merchandise perhaps at a Thanksgiving Food give away the person distributing such bag could be in violation of the ordinance As pointed out in the April 2 2014 agenda report this provision would be interpreted to

apply
Art

to all

distributed at the

City sponsored or permitted s Tamale Festival City

Festival Stagecoach
are

arguably no plastic bags could be Southwest Arts Festival Coachella Music and Music Festival and most special events in the City

events and

There

number of cities and counties that have not included this type of ordinance For example the Los Angeles provision County model ordinance did not include such a provision Neither did the San Mateo or Marin County
a

however their

in

local

model ordinance
some

or the City of Los Angeles ordinance While the reasons may vary cities may find that the distribution of plastic bags at such events is minimal or have found that the majority of plastic bag distribution truly occurs at the grocery and

store

or

other

large

retail

outlets

Another their

are out food take Most amongst plastic bag ordinances including the CVAG model ordinance allow the use of plastic bags for take out foods Only recently have some cities addressed this issue and are moving towards banning such uses even in the face of litigation by various coalition groups

ordinances

example where applicability to

there

are

differences

Page 107 of 267

City April

Council Staff 16 2014
3 of 4

Report

Introduction of Reusable Re

Bag

Ordinance

Page
That

said the ordinance presented to the City Council at the April 2 2014 contained the provision prohibiting persons from distributing plastic bags at City facilities including city sponsored or permitted events The language of Section 103 05 however also contained language that implied there could be an exemption At the end of Section A it states unless otherwise provided in this Section The CVAG model 05 103 ordinance however contained no exemption from that provision However the proposed Indio ordinance towards the end of the document contained a new provision in another part of the Municipal Code that would exempt any City of Indio official who violated the ordinance from any fines or penalties The provision however went too far and was not specific to the plastic bag ordinance and rather exempted the City all its officials officers and employees from the provisions of fines fees or taxes imposed within the Indio Municipal Code That provision was not part of the model ordinance nor was it the intent of the City to include such a reaching provision in moving far forward this environmental initiative A limited provision could be drafted that would only address violations of the plastic ordinance if Section 05 103 remains and the bag City desired to include such an exemption Accordingly reading on the ordinance the City Attorney is be stricken from the ordinance and as such the recommending ordinance is required to be re introduced The new proposed ordinance does not contain the language herein described and if Section 103 A remains any person 05 including any City employee or contractor who distributes plastic bags at City facilities or City sponsored events would be in violation of the ordinance and subject to the remedies contained in the municipal code Last at the request of the Police
that this rather than have second

language

Department

the enforcement provisions in the plastic bag ordinance consistent with the Police Department s current enforcement efforts As stated

were

revised to be

earlier there are a number of cities and counties that do not include the City sponsored event prohibition Accordingly the City Attorney is seeking specific direction from the City Council as to whether it desires to keep this provision as part of the proposed ordinance as it could have an unanticipated impact to the City s various festival events throughout the year As written by CVAG this provision would encompass a variety of City permitted events Arguably if the City issues a permit for any activity ranging from garage sales to music festivals there could be no distribution of single use plastic bags for the purpose of carrying away goods
FISCAL IMPACT

impact on the City of Indio will be partially mitigated by utilizing AB 939 funds specifically for the development of new programs that divert solid waste The AB 939 monies will be used to provide outreach materials to retailers and s City
allocated educational materials to
consumers The estimated costs to conduct outreach and educational materials for retailers and consumers is approximately 10 prepare 000 Funds and staffing for the enforcement of this ordinance have not been identified but will have to be absorbed within the existing Code Enforcement Division resources and

Fiscal

activities

Page 108 of 267

City

Council Staff

Report

Introduction of Reusable Re

Bag

Ordinance

April 16 2014

Page 4 of 4

impact on local businesses is difficult to estimate however the average large Los Angeles County retailer received approximately 6 400 annually for selling paper bags at 10 each which offsets the cost of the paper bags In addition as cited in the attached CVAG staff report San Jose and San Francisco have reported no sustained negative impact to retailers Stores may also opt not to offer single use plastic or paper reusable at at a bags carryout all providing only bags charge or their waste cardboard
boxes for free to customers ALTERNATIVES
1

The

Modify

or

add ordinance

language

as

City Council

deems

appropriate

List of Attachments A

Proposed

Reusable

Bag

Ordinance

Page 109 of 267

ORDINANCE NO AN ORDINANCE OF THE CITY OF

INDIO CALIFORNIA

ADDING

CHAPTER 103 TO THE INDIO MUNICIPAL CODE RELATING TO THE USE OF REUSABLE BAGS

WHEREAS Bags
are

about nineteen billion

000 19 Single Use Carryout
recycled and

Plastic

used

annually

in California but less than 5 are

are

WHEREAS about forty million 40 000 Single Use Carryout distributed by establishments in the City each year and WHEREAS
most of these

Plastic

Bags

other material that does

single carryout bags use not readily decompose and
studies have documented the the environment and

are

made from

plastic

or

WHEREAS

numerous

Carryout
Coachella

Plastic

Bags littering

prevalence of Single Use blocking storm drains in the
a

Valley Single Use Carryout Plastic Bags aggravated by windy conditions here and WHEREAS
the

create

litter

problem

which is

City taxpayers

must bear the brunt of

up costs and clean
to make

WHEREAS this ordinance requires Stores that decide carryout bags available to their customers to pass through these providing bags and

recycled

paper

the reasonable

cost of

WHEREAS based on this analysis the City has determined that a through of 0 pass 10 per paper bag would cover the reasonable cost providing the paper bags to its customers and WHEREAS impose paper bag
over

minimum cost to a Store of

90
on

jurisdictions

in California have

fees

the customers

approved requesting these bags and

ordinances that these fees have
use

proven very effective at generating a major shift in consumer behavior toward the Reusable Bags and significantly reducing bag consumption and

of

WHEREAS
would be retained must

the

by

from the collection of the paper bag pass through the retailer and this ordinance does not specify how the retailers

proceeds

expend

the monies

collected and
can

WHEREAS Bags and WHEREAS

customers

avoid

this

cost

through by using Reusable pass

no

portion

of the cost

through pass
revenues

will be

provided

to the

City

and

consequently the City paper bag cost pass through and

will not receive any

from the retailers collection of the

Page 110 of 267

WHEREAS therefore 26 and WHEREAS
a

the cost

through pass

is not

a

fee

subject

to

Proposition

pass is an essential element of the through provide a disincentive to customers to request proposed paper bags when shopping at regulated Stores and to promote a shift towards the use of Reusable Bags by City of Indio consumers and
ordinance
as

paper bag cost it is intended to

WHEREAS the California Grocers Association a non profit trade association 500 retail member October over in an representing companies 24 2013 letter to the CVAG Executive Committee has encouraged CVAG and its member jurisdictions to
commit to
a

regional
Bags

effort and

move

forward with
a

an

approach

to

Carryout

Plastic

that includes

placing

charge

on

recyclable

paper

regulate Single Use bags and

WHEREAS

there the

are

several alternatives to Reusable

readily

available

in

City including

Single Carryout Plastic Bags Use Bags produced from sustainable

materials and WHEREAS
and
use an

sustainable

important goal of the City s products and services and

environmental program is to procure

WHEREAS
conserve

it is the

s desire City

to lead

by example

and whenever

possible

to

and to the

resources reduce the amount of greenhouse gas emissions and solid waste protect the public health and welfare including local wildlife all of which increase of life for

quality

City of Indio

residents and visitors

THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS

Section 1

The

City

Council

hereby specifically finds that all of
true and correct

the facts set

forth in the recitals of this Ordinance

are

Section 2 Code to read
as

A

new

Chapter

103 is

hereby

added to Title 9 of the Indio

Municipal

follows

Chapter 103 Reusable Bags
Sections 01 103

Findings

and

Purpose
Plastic

02 Definitions 103 03 Single 103 Use 04 Permitted 103 05 Carryout 103

Carryout

Bags

Prohibited

Bags Bag Regulations

06 Exempt Customers 103 07 Operative Date 103 08 Penalties and Enforcement 103 1 Page 111 of 267

01 103

Findings
City

and

Purpose
City
of Indio finds and determines that the and

A The

Council of the

City

is

committed to

that in order to meet these

public health safety welfare goals it is necessary for the City to promote the served this public purposes by Chapter and adopt the following regulations these pursuant to findings protecting
City finds
that ordinances

the

environment and

B The

limiting

the

use

of

have been proven to reduce the amount of life for the citizens of Indio

Bags

Single Carryout Plastic Use pollution and improve quality of

C The

City

finds

reasonable for

that except in unusual circumstances it is feasible and parties who provide Single Use Carryout Plastic Bags to easily

transition to paper
consumers

bags

and

move

to

a

model that

charges

for paper

bag

use

by

D The

City

of Indio

nuisance and

recognizes that Single Use Carryout affect public health and impact tourism

Plastic and

Bags are a public quality of life to both

residents and visitors 02 Definitions 103 Customer any Person from Store

A B

means

obtaining goods of
or

a

Operator
operation
Store

means

the Person in control which may

having

the

of

a

Store

include

but not be limited

responsibility for to the owner of

the the

C Person

means or

organization
D

any natural person firm group however organized any retail

corporation partnership

or

other

Pharmacy
or over the

means

store

where
care

prescriptions medications
or

controlled

vitamins

drugs personal are sold but excluding any
counter Food
means

products licensed Pharmacy

health

supplement goods or
a

located within

hospital

E

beverages which are prepared on the premises by cooking chopping slicing mixing freezing or squeezing and which require no further preparation to be consumed Prepared Food does not include any uncooked meat product or fruits or vegetables which are chopped raw squeezed or mixed Prepared
or

foods

F Produce

Bag

or

Product

exclusively

to carry

produce

any bag without handles used meats or other food items to the point of sale inside

Bag

means

2 Page 112 of 267

a

store

or to

prevent

such food items from

coming

into direct contact with other

purchased
G

items
to the

Recycled Paper Bag
cash

means a

paper
or

bag provided
other

Customer at the check

stand register point sale transporting food or merchandise

of

for the purpose of out of the establishment that contains no old

point

of

departure

growth
content
visible the

fiber and is
one

a

minimum of

hundred

forty percent 40 post consumer recycled percent 100 recyclable and has printed in a highly bag
the words Reusable and the

manner on

the outside of the of the

Recyclable

percentage of post consumer recycled content The is capable of composting consistent with the timeline and specifications of the American Society of Testing and Material ASTM Standard Specification for Compostable Plastics D6400 as
name

and

location

manufacturer and Recycled Paper Bag

published
H Reusable

in

September
means

2004 that has handles that is and meets all of the
can

Bag

a

bag

manufactured for has

multiple
or

reuse

specifically designed and following requirements 1
be cleaned
or

is machine washable

is made of material that
one

disinfected

twenty 125 uses which for five purposes of this subsection means the capability of carrying a minimum of two 22 pounds one hundred twenty twenty five 125 times over a distance of at least one hundred seventy five 175 feet 3 if made of a plastic it must be at least two and one 25 millimeter thick 4 does not contain lead quarter 2 other cadmium or any heavy metal in toxic amounts as defined by applicable State and Federal standards and regulations for packaging or Reusable Bags 2
a

minimum lifetime of

hundred

Use Carryout Single

Plastic

Bag

means

a

bag
cash

other than

a

Reusable of sale
or

Bag
other

stand register point departure for the purpose of transporting food or merchandise out of the Store Single Use Carryout Plastic Bags do not include bags without handles provided to the Customer 1 to transport produce bulk food or meat from a produce bulk food or meat department within a Store to the point of sale 2 to hold prescription medication dispensed from a Pharmacy or 3 to segregate

provided
point
of

to the Customer at the check

food

or

merchandise

that

could in

damage
a

or

contaminate

other

food

or

merchandise when Store

placed together following

Reusable

Bag

or

Recycled Paper Bag
City

J

any of the limits of the City of Indio
means

retail establishments located within the

1

A retail store with gross annual sales of two million dollars 000 000 or 2 that sells a line of canned nonfood or items and more goods dry grocery
some

perishable items
000 10
square feet of retail space that sells any perishable goods including but not limited to clothing food or

2

A store of at least
or

perishable non
and

personal items

generates

sales

or use

tax

pursuant

to the

Burns Bradley

3 Page 113 of 267

Uniform

Local Sales and Use Tax Law

Part

5 1

7200 3
A

of Division 2 of the Revenue and Taxation

commencing Code or

with Section

drug store Pharmacy supermarket
or

foodmart
a

other

that includes

entity engaged milk bread soda and
21 license issued

grocery store convenience food store in the retail sale of a limited line of goods snack the

foods including

those stores with

Type Control

20
or

or

by

Department

of Alcoholic

Beverage

4

A

store of less

than

000 10

square feet

of retail

perishable or non perishable goods including or food personal items and generates sales
Burns Bradley
with Section

space that sells any but not limited to clothing
or use

tax

pursuant Code

to the

Uniform Local Sales and Use Tax Law

Part

5 commencing 1

7200

of Division 2 of the Revenue and Taxation Prohibited

03 Single 103 Use Carryout Plastic No Store shall

Bags

provide to any Customer a Single Use Carryout Plastic Bag This to for the prohibition applies bags provided purpose of carrying away goods from the point of sale and does not apply to Produce Bags or Product Bags
04 Permitted 103 All Stores shall Reusable

Bags
or

only Recyclable Paper Bags or Bags for the purpose of carrying away goods or other materials from the point of sale subject to the terms of this Chapter Nothing in this Chapter prohibits Customers from using bags of any type that they bring to the Store themselves or from carrying away goods that are not placed in a bag in lieu of using bags provided by the
a

provide

make available to

Customer

Store 05 Single 103 Use A Plastic

Carryout

Bag Regulations

No Person shall distribute

a

Use Carryout Single

Plastic
or

City concession City managed sponsored event otherwise provided in this Section
B

Bag at any City facility permitted event unless City

Single Carryout Plastic Bags may be distributed to Customers by food Use providers for the purpose of safeguarding health and safety during the transportation of Prepared Foods and liquids intended for consumption away out food from the food provider spremises i e take Recycled Paper Bags 10 per bag The
receipt
available to Customers for sale of each
a

C A Store shall make

minimum

charge

of ten cents
on

bag

shall be

separately

itemized

the sale

4 Page 114 of 267

D All Stores

must

keep records

of the total

number of

Recycled Paper Bags

summary of any efforts a Store has undertaken to promote the use of Reusable Bags by Customers in the prior calendar year Such records must
a

provided Bags and

the total amount of monies collected for

providing Recycled Paper

be made available to the These records may be 06 Exemptions 103

City Manager or

kept

her designee to review at any time his at the retailer s corporate office

A Store may provide a Customer participating in the California Special Food Program for Women Infants and Children pursuant to Article 2

Supplemental commencing with Section 123275 of Chapter 1 of Section 2 of Division 106 of the Health and Safety Code and a Customer participating in the Supplemental Food Program pursuant to Chapter 10 commencing with Section 15500 of Part 3 of Division 9 of the California Welfare and Institutions Code with one 1 or more Recycled Paper Bags or Reusable
Bags
at
no

cost

07Operative Date 103 This

Chapter

shall become after its

operative

defined in Section twelve and

02 and 103 1 J

12 months 4 JL 02 103

6 months after its effective date for Stores 2 This Chapter shall become operative J 02 103 effective date for Stores defined in Section 103 3 JL 02

six

08 Enforcement 103 A

Any violation of this Chapter may prosecution civil action administrative
law

be

enforced
or

by

the

City by

criminal

action

any other

means

authorized

by

B Violations of this

Chapter
or

prosecuted

as

infractions

may in the discretion misdemeanors

of the

City Prosecutor be

C The remedies

provided

in this

Chapter
or

are

other remedies available
or

by

law

in

equity

cumulative and in addition to any The City Attorney City Prosecutor

authorized Enforcement Officer may pursue any other right and remedy permitted by the City s municipal code including but limited to commencement of

duly

any civil action the issuance of administrative fines and fees or administrative action to abate as a public nuisance pursuant to Chapter 95A of this code Section 3 California Code This ordinance has been of

Quality Act California Regulations Title 14 Sections 15000 et seq hereafter the Guidelines The City Council finds that the adoption of this ordinance is exempt from Section 15061 CEQA pursuant to the following Guidelines 3 Section 15307 b Class 7 and Actions by Regulatory Agencies for Protection of Natural Resources
5 Page 115 of 267

Environmental

environmentally reviewed pursuant to the CEQA and the State CEQA Guidelines

Section 15308

Actions by Regulatory Agencies
a

for Protection of the Environment Class

8

This ordinance constitutes
or

regulatory

action of the
a

City

Council to

assure

the of

maintenance restoration
Plastic
on

enhancement of

natural

resource

involving protection

the environment because it will minimize the environment of the

impacts associated with Single Use Carryout Bags City and region Therefore the project is found and determined to be exempt from CEQA pursuant to State CEQA Guidelines Section 15307 Further this ordinance is a regulatory action of the City Council to assure the or protection of the environment which maintenance restoration enhancement and
does not involve any construction

activity
as

or a

relaxation

of any standards

allowing

environmental

project
The

also is

degradation found exempt

findings following
1

and

independent basis the separate from CEQA pursuant to CEQA Guidelines Section 15308 determinations on exemption from CEQA are in part based on the Therefore

and

This ordinance will reduce

Use Carryout Single
and future

Plastic of

thereby reducing

the

existing

impacts
of

Bags within the City of Indio plastic bag litter including but
litter

not limited to the adverse aesthetic 2

impacts

plastic bag

This ordinance will not alter any construction land use and therefore will not degrade the existing environmental
or

or

development activities quality for wildlife plants

humans in the

City certainty that this ordinance has no possibility that the use of prohibition of Single Use Carryout Plastic Bags and paper bag pass through fee will have a significant effect on the

3

It is determined with Reusable

Bags
a

the

establishment of environment 4

This ordinance will not be detrimental to the

public health safety
within the

or

welfare

or

be

materially injurious
5 This ordinance

to

properties
further

or

improvements
the

City

will

assure

enhancement of natural

resources can

in the

potential

litter and debris that

affect

or maintenance restoration and the of amount region by reducing City the biological botanical and environmental and

resources

6

This

ordinance

will

further

assure

the

maintenance restoration enhancement
trash in the waste stream

or and

protection encouraging the use

of the environment of Reusable

by reducing

by

Bags

If any section subsection subdivision paragraph sentence clause or phrase of this ordinance or its application to any person or circumstance is for any reason held to be invalid or unenforceable by a court of

Section 4

Severability

competent jurisdiction

such

invalidity
of this

or

unenforceability

shall not affect the

enforceability

of the
or

remaining

sentences clauses

phrases

sections subsections subdivisions ordinance or its application to any

validity or paragraphs

other person

6 Page 116 of 267

City Council declares that it would have adopted each section subsection subdivision paragraph sentence clause phrase hereof irrespective of the fact that any one or more sections subsections subdivisions paragraphs sentences clauses or phrases hereof be declared invalid or unenforceable
or

circumstance The

Section 5 shall
cause

The

the

same to

be

City Clerk shall certify to the adoption of this Ordinance published or posted in the manner prescribed by law

and

Section 6

This ordinance shall be in full force and effect

thirty 30 days

after

its

adoption effective date

PASSED APPROVED
AYES NOES ABSTAIN ABSENT

and ADOPTED this

day

of

May 2014 by

the

following

vote

MICHAEL WILSON MAYOR

ATTEST

CYNTHIA HERNANDEZ CITY CLERK

APPROVED AS TO FORM

ROXANNE

DIAZ

CITY ATTORNEY

Page 117 of 267

ITEM NO 7
SUBMITTAL TO THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA APRIL 16 2014

FROM Economic

Development Department
18
acre

SUBJECT Purchase of 026

site

approx

located

on

the north side of Varner Road between 251 607

Adams Street and Jefferson Street

APN 607 002 607 230 017 607 251 016 and 251

RECOMMENDED MOTION

Approve the purchase of an 18 acre site north side of Varner Road between Adams Street and Jefferson Street 251 017 251 016 607 and 607 026 and authorize the 251
necessary documents to effectuate said SUMMARY
The

approx located on the APN 607 002 607 230 City Manager to execute all

purchase

City of Indio is offering to purchase the 18 acre site for the purpose of expanding opportunities available for the development of a new auto dealership HRA Investments Il LLC has agreed to sell the property to the City for 8 3 000 50 with a 90 day escrow period with an option to extend the escrow for three additional period one month periods
the Staff is

additional

recommending that the City acquire this site for strategic new car dealerships to the Indio Auto Center
on

land

assemblage
C

to attract
U

Continued

next

page
6 3 000 50 closing costs of 500 6
6 3 500 55 0

Ka

en

aw eswo

Cost associated with this action

In Current Year

Budget

NO YES
14 13

FINANCIAL DATA

Current F Y General Fund Cost Future FY Cost

Budget Adjustment
For Fiscal Year

Source of funds General Fund Account number 101 276 0000

Current account balance 000 000 5 Balance remaining

143 1 500 Financial Review

Legal

Review

Department

Head
r

view

Craig A Steele City Attorney s Office

Maria o A Director of

u

e

ousing

and

Rob Rockwell Finance Director

Developm
CITY MANAGER RECOMMENDATION

Approve

ANAGER SIGNATURE
3
y

Page 118 of 267

April 16 2014 Staff Report Purchase 2 Page

of 18 Acre Site

BACKGROUND Auto dealers There is

currently
the

interest by
auto

Interest from
on

a new

typically the highest sales tax generators in any city large auto dealership to establish on this site specifically dealership for this site is an opportunity that should be capitalized
are a

given

revenue

potential

and should be viewed

as

an

investment and facilitated to

the fullest extent feasible

Additionally

development of this site will help fill the gap between the I 10 Auto Mall and the proposed Giant RV Dealership along with an existing City owned to the that more attractive for future property east making piece development A contingency upon purchase is that an existing 430 000 approx deposit with Coachella Valley Water District be transferred and useable as credit for future development of the site
The Site is

the

purchase

and

currently

a

owned privately

vacant
on

undeveloped
Varner

lot visible

from

and

generally
lots

located
Mall that the

on

the north side of Interstate 10

Road

east of the current 1 10 Auto

Attachment B The Site also City has been unable to sell frontage along Varner Road access
It is

surrounds three

owned vacant undeveloped City

due to the lots not having high marketing potential or The subject Site is zoned Business Park BP which

allows the establishment of auto sales dealers

imperative that the City enter into escrow and essentially control this site to allow flexibility during potential negotiations with this business The escrow will be for day period with an option to extend the escrow period for three additional one month 90 periods Overall escrow can extend over a period of six months If after six months the City wishes to not follow through with the purchase the City has the discretion to cancel the
maximum
escrow

with

no

further commitment

FINANCIAL ANALYSIS Per the items of the

proposed

Purchase and Sale of

purchase the site for the negotiated price costs anticipated to be 6 500
Increase fund balance 271 0000 101 Decrease fund balance 276 0000 101 Increase

Agreement Attachment A the City will 3 8 000 50 plus 50 of the escrow closing

Unassigned

Fund Balance

8 3 500 56 8 3 500 56 8 3 500 56 8 3 500 56

Reserve for Economic

Uncertainty

appropriations
Land Purchase offset

6010 419 4199 101

Expected

271 0000 101

Unassigned

Fund Balance

ALTERNATIVES 1 Not to

acquire subject

site

Attachments Attachment A Attachment B Vacant Land Purchase Site

Agreement

and Addendum

Map
Page 119 of 267

ATTACHMENT A

VACANT LAND PURCHASE AGREEMENT AND ADDENDUM

Page 120 of 267

C A L I F O NIA

A S C I A T 10 N OF AEALTOR S
i OFFER

VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
R Form VLPA Revised 4110 A C
Gate march 12 2014

A THIS ISAN OFFER FROM B THE REAL PROPERTY TO 8E ACQUIRED Is described
Indio CA 92201

City of iadio
as

or asaigaee and
ac

Buyer

ppreE

87 18

Varner

Rd

situated

In

Q TDd

County of

s Parcel s Assessor No sea addendum Riverside Pifty Thous
of

California

C THE PURCHASE PRICE offered is Three M1113oa CLOSE OF ESCROW shell occur on 2 AGENCY
D

Property

Right 8undred

Dollars

000 850 3 00

or dale

105

Days After Acceptance

A POTENTIALLY COMPETING BUYERS AND SELLERS Buyer and Beier each acknowledge receipt of a disclosure of the passibility of multiple representation by the Broker representing that principal This disclosure may be part of a fisting agreement buyer representation or

agreement

separate document CAR Form DA Buyer understands that Broker representing Buyer may also represent other potential buyers who may consider make offers on or ultimately acquire the Property Seller understands that Broker representing Seiler may also represent other sellers with competing properties of Interest to this Buyer B CONFIRMATION The hallowing agency relationships are hereby confirmed for this transaction

Listing Agent the agent of check one SORVAPM

Desert

the Seller exclusively or

Pacific Properties both the Buyer and Sailer

Print Firm Name Is Part Firm Name it no th belh ilml Bayetrepd Seilarr

3

Real Estate FgkGM Are noileadles to the Agreement beween FINANCE TERMS Buyer represents that funds will be good when deposited with Escrow Holder
6

eF p Ipsolayer ealelaGvely

HOFexeWelvelyFaF Ikaiie

A

INITIAL DEPOSIT Deposit shall be in the amount of 1 Buyer shell delver deposit directly to Escrow Holder by
QV
ar

S

00 50 000

City

check
1

OSreF

E BALANCE OF PURCHASE PRICE OR to

DOWN PAYMENT In The amount of be deposited with Escrow Holder within sufficient time to close escrow F PURCHASE PRICE TOTAL

00 3 800 000

J
B e li
ef s

3 850 000 00

Buyers initials
The m er aWs dthe tntla 17 U Corte mom Ns cuf or i my Dne00 toot COM dtltls form m wro Port thereof F r hachine or on oe Ixwlowop IMIMS hJ Ana CALIF O a A of mIm4 M fame0 1 copyright O 19964010 CALIFORNIA aM ASSOCIATION NIA AS80CIATION OF REALTORSe INCAU PoGHTSRT6 RESERVED ESERVED

Imi a ls

TOR UE

Reviewed

by 10

Date

VLPA REVISED 4110

PAGE 10F 10

VACANT LAND PURCHASE AGREEMENT VLPA PAGE 1 OF Phone 760 8200 360

760 Fax 7680 369

Prepared using xlpForm software

933 Las Montanes Road Palm Desert CA 92211 77

Page 121 of 267

Pr PW 67 AMWM 19

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Verner R4

1400

9210I

Oft xeraD u 2014

4 ALLOCATION OF

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Page 122 of 267

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VACANT LARD PURCHASE AGREEMENT VLPA PAGE 3 OF 10

Page 123 of 267

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Page 124 of 267

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1047 ae Vam

Page 125 of 267

approa Pfeperty
15 TITLE AND

87 18

ac

Varner

Ad

Indio

CA

91101

March 12 2014 Date

VESTING A Within the time specified In paragraph 19 Buyer shall be provided a current preliminary We report which shad Include a search of the General Index Seller shall within 7 Days After Acceptance give Escrow Holder a completed Statement of Information The preliminary report is only an offer by the this Insurer to Issue a policy of Ode Insurance and may not contain every Hem affecting title Buyers review of the preliminary report and any other matters which may affect Ode are a contingency of this Agreement as specified In paragraph 1913 B Title is taken In Its present condition subject to all encumbrances easements covenants conditions restrictions rights and other matters whether of record or not as of the date of Acceptance except 1 monetary liens of record unless Buyer is assuming those obligations ortaking the Property subject to those obligations and ti those matters which Seller has agreed to remove In writing C Within the Ome specified In paragraph 19 Seller has a duty to disclose to Buyer all matters known to Seder affecting Ode whether of record or
not D

At Close Or Escrow Buyer shall receive a grant deed conveying fide or WF 1110614 GARPAPAYS OF long 1911 IIHISS NA 86619AM8111 Of DID seFliffleate OF 81681104 18860119161 IFFAM51 Including oil mineral and water rights H currently owned by Wier This shall vest as designated In ssupplemental escrow Instructions THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES Buyer CONSULT AN APPROPRIATE PROFESSIONAL
s CLTA policy of title Insurance An ALTA Buyer shad receive a standard coverage owner policy or the addition of endorsements may provide greater coverage for Buyer A Ode company at Buyers request can provide information about the availability desirability coverage survey requirements and cost of various title Insurance coverages and endorsements If Buyer desires Ode coverage other than that required by this paragraph Buyer shall Instruct Escrow Holder In wdting and pay any increase In cost

E

16 SALE OF BUYER S PROPERTY

OR
41

A This Agreement Is NOT contingent upon the sale of any property owned by Buyer S

OR If ahadied
48

E3

19

BUYSF 9111111111119 0 sansbuslien loan A tire Ofailf8ph 40 811YOF shall 1111119YO this a cancel this A918801810 OF 11 chooked C Ibis sarogniansy shall Female Rest unill Close 01 Scum ofthe Property TIME PERIODS REMOVAL OF CONTINGENCIES CANCELLATION RIGHTS The following time periods may only be extended altered modified or changed by mutual written agreement Any removal of contingencies or cancellation under this paragraph by either Buyer or Salter must be exercised in good faith and In writing CAR Form CR or CC A SELLER HAS 7 or Days After Acceptance to Deliver to Buyer all Reports disclosures and Information for which Seiler Is responsible under paragraphs 3M 4 SA and B 7 8A 12A 14A and 8 and 1 S Buyer may give Seller a Notice to Seiler to Perform CAR Form NSP If Seller has not Delivered the Items within the time specified B 1 BUYER HAS 17 or 90 Days After Acceptance unless otherwise agreed In writing to complete all Buyer investigations approve all disclosures reports and other applicable Information which Buyer receives from Seller and approve all other matters affecting based paint and lead based paint hazards as well as other information specified In paragraph B and Insurability the Property Including lead of Buyer and the Property R Form 2 Within the time specified in 198 1 Buyer may request that Seller make repairs or take any other action regarding the Property CA RR Seller has no obligation to agree to orrespond to Buyers requests 1 or as otherwise specified In this Agreement Buyer shall Deliver to Seger either 1a removal of the 3 Within the time specified In 198 R Form CC of this Agreement based upon a remaining contingency or A applicable contingency CAR Forth CR or Icy a cancellation C Setters failure to Deliver the specified Items However if any report disclosure or Information for which Seiler Is responsible Is notDelivered within the time specified In 19A then Buyer has 5 ecE3 Days After Delivery of any such gems or the time specified In 1 whichever is later to Deliver to Sailer a removal of the applicable contingency or cancellation of this Agreement 100 and before Seller cancels this AgmemenL if at all 1 4 Continuation of Contingency Even after the end of the time specified In 188 pursuant to 10C Buyer retains the right to either 1 In writing remove remaining contingencies or it cancel this Agreement based upon a remaining contingency or Sellers failure to Deliver the specified items Once Buyers written removal of all contingencies Is Delivered to 1 Seller Seller may not cancel this Agreement pursuant to 19C
PDA

rare the sensbustlen loan
i

ING11 i CTION LOAN rINAN shasked The pumhose al the Property will net be used in Manse The PFopenlh will

C

SELLER RIGHT TO CANCEL
to Cancel Buyer Contingencies If within the time specified in this Agreement Buyer does not in writtng Deliver to Seller a of the applicable contingency or cancellation of this Agreement then Seller after first Delivering to Buyer a Notice to Buyer to Perform CAR Form NBP may cancel this Agreement In such event Seiler shall authorize return of Buyers deposit cancel this Agreement for any of the 2 Salter right to Cancel Buyer Contract Obligations Seller after first Delivering to Buyer a NSP may following reasons 1 It Buyer falls to deposit funs as required by 3A or 38 ii If the funds deposited pursuant to 3A or 3B are not good when deposited 111 it SOYAF falls 19 D811YOF 0 NIRUIFIXI by 3G 8F 3A OF Y

1

Sailer

right

removal

such event Seller shell authorize ratum of Buyers deposit Days 3 Notice To Buyer To Perform The NBP shall 1 be in willing 11 be signed by Seiler and Iii give Buyer at least 2 or After Delivery or unlit the time specified In the applicable paragraph whichever occurs last to take the applicable action A NBP may notbe Delivered any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified In 19C 2 D EFFECT OF BUYER S REMOVAL OF CONTINGENCIES If Buyer removes In writing any contingency or cancellation rights unless otherwise specified In a separate written agreement between Buyer and Seiler Buyer shall with regard to that contingency at cancellation right conclusively be deemed to have 1 campteled all Buyer Investigations and review of reports and other applicable Information and disclosures Icy elected to or for Inability to obtain proceed with the transaction and III assumed all liability responsibility and expense for Repairs or cort cdons financing zJ Sellers initials Buyers Initials C CopydghtO 2010 1906 CALIFORNIA ASSOCIATION OF REALTORS INC
VLPA REVISED 4110

21

PAGE

S OF 10 VACANT

RavWmd by

Data
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rrranrtr

LAND PURCHASE AGREEMENT VLPA PAGE O OF I O

Vamcr Rd

Page 126 of 267

10 MU 99 G PMpery

coo

Vaxnor Rd

radio CA

Data

14rw1t 17 gas 09
remant

E

CLOSE OF ESCROW Before Better or Buyer may ancd

for Inuum of the ether party to dose

worow

pursuant to we

EPFECTOFCANCELLATION ONDEPOSITS IfBuyerr wdemr ROOM of mncelleaon paertant to dghtsduly e mrdsed under the tonne of itdt Agreement Boyer ad Better same ID Bign Bons to mood the sale and escrow ad release dapodts B any bpre Fees and eats may be payable to service providers and wndons for party OnSaad to do funds lase face and coats hmuned eavlas and products provided dudag escrow Rotesaa Ito mutual Signed Mom instructions from Buyer and Seth Judicial decision c radef rathom wora 20 FINAL VERIFICATION OF CONONIONt Buyer drill have 0 Pderto Close Of Ewmv NOT AS A CONTINGENCY OF TH Rgretrs lure bean ta ptded as agreed shdith Sevier hr Yt ENVIRONMENTAL HAZARD CONSULTATION Buyer ad I and local mud former canters and trees of sad property in oppikobie okeQe haslham made fro tepraeen199on ealandng the of to Buyer or bSager Now as aBrernbe tndlaekd In Ode AgreamanC 00 Broker hoof un made no repreeeNelron oommrtn s nm baling dbcw m ba9m and M emk ogler WA dare posed by anukonmenfally hand s substances U any loafed an or and Salter are Web advised b oonsult with tscimtat and kp spats eonoernbg the extstsna and rblu posed by srwhomumandyhownloas eubstmem R ffi PRORAMONS OF PROPBRTY TAXISAND OTHER US i Rome sholl be PAID CURRENT and gold W 88 Of Close Of E Isolated w real it slRlBaroruAuaFa close Of pets FmNOna on by Soya payments an bands and usasenants mined by Buyer and RoW and mhaf Spooled Asia and assessmsnbn Out ere a crests payments an Mego Ben The foAnrehg ram dW be assumed by Buyer WITHOUT CREDIT toaand the pu I payments on MaibAOas and other 8pests Assessment Dbtrtot bonds and assessments and RDA vedal suesements th rot rot yet des The Property VA be

P

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SELIC7IQN OF SERVICE PROVIDERS Broken do not guareniee the pmfamante of DRY wndan ssMcs or product provided Pmvidemry WheBnerfela ed by SrokeroradscNd by Buyer Seller orogm person Buyar and Seller mayseW ANY Pmvfma of thdrowm dhwuhtg MULTIPLE LISTING SERVICEIPROPERTY DATA SYSTEM If Brokertsa paAldpenl of a Multiple Listing SWCO CMM or Property Data System 709 Broker Is suthorbod to report to the MUI or POS a psndng sale and upon Close Of Eoorow the sales price ad other tsfin of this hmwpOn shale be produced to the MLS to be published and da minted to persons and enUdsa authorized to use the bdamagon on tom by the MLA or POS OPPORTUNITY The Property is sold In compBnnaMth fadend able and loaf oWpaatmfnetkn Left ATTORNEY PBES in any lotion prooeetift or erahel on hoarsen Buyer and Bayer adalng at of this Agmemad the prevamng Buyer or Sager dug be NOW breasonable aUamayfees and owls from thenatpnvelMg Buyer orBetter exaptan provided In paragraph 81A OBFMMDNBtAs used In this Agreement A ASapWoeMOMtheBarepreoffer or W counter offer Is acasntdletwriftbyaparty endladelivered toadpersonally moolved by he adrerParty Of that POW11 00010azad aganl M accordance vMb the tame of this offer ora final counter offer B Pam AA MOM the speft lorm rebwormed or sollnroanpaWeform G to

HOUSING

agreed

bythepordee

C V wOfEscuWmeansthedatethegrantdaed orother eNdemeofhWerofWe torecorded 0 Copy mean aopybyany means Including photmopy NCR reaknlle ad aedmnla B Oraw MUM alendardava HOwamr SPWAc ham a tam Anrn rave h aeea not counting the alendardae on whteh 0 Days Pala mom the specified number of atander days before the owmanoe of the erol specified not aunlhrp the adaadar date wMfi des iPsdfied avant ts schadalad b Dean
on

H ToRW Delivered or Wlvem regardlew of the method used ter meeaengar mug amen for other means lied ohm be epediw upon N personal moolgi by Buyer or Seger or the htdlvtdual Real Estate Umme for that principal as spedfiad In porawsph O of the wam did Rest Estate Brokers an page 8 OR 0R 13per the attached addendum C dredted R Form RON A 1 Elwtronb Copy or Elealronlo SlgwOrre myna as applicable an eledrordo nakrre complying wph Morris Law Buyer erul copy or s Salter awes that dadronlo moos wig not be used by ether party to modify or alter the cement or Integrity of this Agreement wOnmt are

broeaedoa oil consent of theother party Raw mane any law code atswI ordhmnce regulation ode or order which Is adopted by a Contrciting city county state or faderal ptlidalaamarWe bodyeregoey teakastlvs k RapnW moon my repairs Inducing post oonfrei skeregons repiemments modiffoations or raaoBt6rg of the Property prmidd for under thisAgroomem
J L T8

BROKERS

means darer ahandwritten or electronic aigneNteonanodouddoot nmtCopyor anycomterpad Signed

A BROKER COMPENSATION Baer or Buyer of both as applicable somes to pay compensation to Broker as spedfid In a separate wdBm ennnt bet9am Broker and that Boller at Buyer Compensation Is payable upon Clow Of Esaow or If escrow does notdoes es oMenMser agr spedBedinBUsimeeme nt batmen Broker rind that Sesmor Buye

BuyayaGIW L tAppipdml8@640
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VLPA REVISED 4N0 PAGE T OF 10

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tau Il

81so Yvon

Page 127 of 267

Pmopaly a

sea 91201 M v Dan 67 acrti a t Pa Ss Myer vol Andi decide what pdoe auyw dwuld pay or Bales B SCOPS OF BROKER DUTY Buyer and Seder odmoxtedpe and epee that Brokers W do not of ntea the dtndltion of ris Property fit do not purertee the porknence adagwoy or completeness defeat thst snot Idol bus for bemmlbykmp made 8otier shed retpamarikr w by w there 1110 repass provided

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Somid either dearedasucau nce frwn splvel Late profeeaommn 20 JOIRTSSCROwINSTRUCWMTOESCROW HOILDBR

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Sor Agraemenlconstitute iNjointescrow Instructions otBuywsed A The fotkaAngpangraphs tilde mapplicabieportionuthsroef bWAWU re to to Sserow Holder which Escrow Holder is to use along with wry Metal counter offers and addends and any additional mu0rd WsBmkem Dof the eadon uw Rad E and and 22 10F 2r 3338 20 28A 0gnph p11 don the 149 00 D 16 4 3 1 moorcm 108 17 1 on page 10
mP A 1
w I

aft The tome and ONWOM of tide sphhee Mpemae

SocrowHekerneeddnotb aoncemedBuyer end oral PwAftWarelnwnaatentar WbgkAgrwnant cisrosette such pravhbusupon Escrow Holdo Totheextent Bar srequest the genets pcvialm will consul as b the duties and obligation of Escrow Helder only Buyer and Seller v A8 srecute addtand Mdndbns documents and barns provided by Escrow Nddathd we rsa9abyneaseawy to does do escrow na ACopyofthis Agreement shell be delivered to EscmwHolder widdrtd business days aces Aecreptanre Ho WWWpmufdeaeaols oWnentofbftmWont TTM
company wimp received bom Boller Buyer and Seder euthodle Escrow Hobe to accept end rely on Copies and Signatures as defined In We n of oacow The wbfy of this Agreement as between Buyer and Saw is rmt to Plinannect f Wpm Oft d Red C Brokers are a perry to the agarew for the sore propose of 9crapnntun pwsuanl to parappu 28A and paragraph D of the Mellon t Edete Brokers on page 10 Buyer and Seger inawdby antgn to Braise componsaton spadfsd In pempaph 2 1respedwlyc and kn onbly amwct Escrow Holder to cilshume Umn Lunde to Broken at Can Of Escrow or paxwnt to any other mulusPy mmNed asooaeaaan sgreament CanpwaMn kwhtdone can be smandod w revoked onlyMMAM elms consent of Broken Suyar and Marshall coati rdnnaedheldNolen MUMHokerkananyratI ofcompeme8onpweuant to this s monEaaOwMolderssaymeniteBrokw 0It Buyers WM cr any addBonai dweltle not madepurouset to Oda AgroaftenL Agreement Escrow Hobs eheil tmmadinteynogy Broken mis notgaod al8mo of deposxvAth Escrow Holder w IIffdSwrBUyera lithe Instruct Escrow Holder to canoe seam 0 A Copy of mir amendment god abets any perepeph of riu Agmemeot for each Escrow Hoban is sport shag be delivered Is Escrow Heberwi t2businessdaysaftermutual eaawomoftheameadmam 30 UMDATEDDAMAOEB gBuyer Miltooomptokthis Purchase because ofBuyersdefit SelhrsfmUretain nliclutdeladdermea the dep4lt safteft paid Buyer and SeNar acres that this nmunt Is a 195119114416 SUM Dion that R is bnprackcal or oxb wwy difficult to WAM the amount of cbmaga that would actually bus suffered by Boger In the avant Buyer wara to breach this Agreement Release of O funds WIN regdre mutual Signed 014 6lnehuo0ons from bothBuyer and Better Judicial decision or arbitration award

RreeelvaE w hanEscrowerHekwand wwHHadefssecondrpovlaomdka

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31 618pUT8 RP 80LUf14N A MEDIATION Buyer and Sellw epee to medkte any dloute or dim ari ftbahvan them outof this Agn4mnt or any ntNSng trannc Ion baton rnocdng to atdkalion or court action Buyer and taper she acne to median any tumules or claims with Broker s who M vMgng egrn to such mediation prior to or within a rwwuMa time fM the dispute or dekn is presented to IN Steiger Medialbt fees S wry shad be divided equally some the cantles Immure if for any dispute w dabs to which this panocateh appeal erry g any D camnmma an gotten without Belt auemplkW to madve the mega through modiaeen or I before commencement of an solar refines to mediate oilers request ham been made than gslpery dwUnotbe WOO b reo ver ettanay lose even 88sy wntdd otherwise N g Isln ao But Petty In any Such aoUcn THIS PROVISION APPLIES WHETHER OR NOT THE ARSRRATION PROVISION IS rNRW EO Eadudonetrem fie madfnUon aareement are specified in puagnph 31C

DUITION ML

IL ARBITRATION OF DISPUTES Buyer and Seller agree that any dlepute or claim to taw or equity arising between them out of this Aeraemant or any resulting trarmacgon wh oh is not setHed throw00h mediation sfiail ha dealded neutral binding aWtiration Buyer and Belier also agree to arbitrate any dlspul or deims with Broker who in to bus an th w Years residential r6ei estate Law expaHenoe anises the perttas mtttueliy agree to a diffarant arbitrator The parties shall have the rigght to discovery In acooManca whhCode of Ctvll Procedure jI1283 08 In all other respects the arbHretion ehatl bus conducted In accordance with Testa B of part 3 of the Code of Clvii Procedure dudgmetd upon the award of the erbltretor a may be entered Into any court having judedkten EMaroamant of the agreement r arsshalt be governed by the Federal Arbhretion ACL Exclusions fro m the aMitration agreement are aape clR ad In paragraph 31C

rokerTheoarbl foci shall Ureg

a oreiired judggeor Ju stlcsmor

attomey

atieB

itallen

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57eC Yeme IB

Page 128 of 267

Property

ARNRND a MNAVE READ AND UNDERSTAND THE FORMING AND AGREE TO WBN11T DISPUTI OUT OR TIE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION Tg NEUTRAL ARBRRATION

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s lrlltlab auvsr

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UNDIATIDN AND ARBRRAMON TERM matters OW1 be uplWW tram nnWtim and arbitrations S a judicial or nowodldrl Lmodawn er ether or 109010NM tend mb snail as demtad In CM Coda PM O an 50000 or wo O ng to Odom a dead of trust m WdMv ul 99W W AMmM PM the Qlbq or ar MNNM of a m d mtol Ilan sad ter any midtor Oat is er the bdkdo of a of soedastlon to enable Me moordkrp of a nagas of peadbv wim formes of PmblW small Was ortmebupbyacu tThe ft or Wobvm of We madbOen and r or other prbvblasd m dW slap root waaft s a ww albdunard 040000 t tnImactI abhm mVwAoWM vd r Late May sane to do so in wdgne Any Broker s M PRORtIR Bmhm shelf not he aidlpafad or competed to mWW or a WyIft M OMOM crarbil dloM shelf notbe Jammed a prtyto do Atmrmrot pla M TO16M AANDCONDMONSOFIkRM Tbb Is an albs to pmhm the Mvpary on the above Isms and calla s Tin spddded damages pwspraph or the mWbaaon ofdbpsbs
a

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1 WMWVOM The fdlotdas

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and

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above oadlmwtlon of apwwy Miamnshos

paw BUYER
Mao

17 AdMond Sbmbma Addrom

adaded CAR Form ASR

0S ACCWTANCB OF OFFM Scher mmrds SW Bsdbr b On army of IM Praprfy ah the adty ioerecule trio ApaamenL gdw uaspb the show G spar to sell the Pepwy m the show farm and ca ddwll and apron to the above oonOnnsym of apaoy rablawwps aelr tae sad ad arSMwledpas reoelplola Capyd fhbAEreemsm and arahorbr Broker m Detvre Blpred Copy m Buyer 0 dndrod SUBJECT JO ATTACHED COUNTER OFFER CARL Pone CO DAUM

D

Dab SELLER
nine

alladwd OAR Form ASR

Flim

was psnbnaty noshed by Buyer or Buyeh aAartrad sRW at 13 AMQ Pk A bimRaS Agreement Is mubd when In a Copy of 81p W Acceptance to pafaonety resolved by Buyer of Ruya a sMhedrd agent whether or not om0m d dds daaOmm OamplNlen of era amftmkn is not bpaliy reyuwd in order to reeb a bwdlM Agmrnanq H Is solelyMaanded to ovkWace the date that Cont wtm ofAoropWdce idea occurred w

CoftkmOm of Awggm
on dew

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weInteela tw
MDierIXCaLWMMMSOCIATIONOFRFALTOP80 WC
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VACANT LAND PURCNASR AOHBSMENT PA08 S OP 10 KIPA

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Page 129 of 267

Pmpeny error

18 e7

a

Verner

Ad Sa o CA

92201

20 Dot marob 12 24

REAL EBTATR BROKERS

RedroutoBrdwrswenotparUeetotheAgreement between guyerandBetter 8 ApsaayreYBamldps are confirmed no stated In paragraph 2 I C RapeciflialLiamr AAgentwhoeulmlkadthedterfooBuyer acknowledges moelplofdq 3A to D COOPERATING BROXBR COMPENSATION Uaft Broker apnea to pay Cooperaft Broker Selling Ran and CooperatIng Broker ogees of tle MIS trt ad of 1 11 sake proaeede in escrow 0 the amount specified In the WS pmvlded Cooperating Baker Is a PaNolpaM Red CAR Fort wfifdf the Property IsoRered foraele era reciprocal MLSt or 1 Q If dteoted the amount spodflad In a separate wdgon wmae be used to document ded tat recanting CBCbetween Wtlnp Baker and Cooperating Broker Deieretion of License and Tax CAR Form OLT may
A vibe

reputrad at Baal an exrop0on ado
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stie rreeastiag Broker Weft Fem tieert e 6 00702402 Tumor BRE L1c PAXM I atera 033 Lea YftaPRqspud Sher 101 77 Fax L760960 7680

state 27P
BREULO 00702192 Data state CA 7JPA2211

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ESCROW HOLDER ACKNOWLEDGMENT ESCROW HdderaoknoMadpea Receipt of a Copy of Ode Agreement H dmcked J a dapoettIn dm amount of B numbeed a aourderopr Q Sa9ats Statement of Urbonstion and C Other

I

endagaestoadareEacraaHolder aut Mtoparagraph2Sof9isAgreeoenLany supplemental
escrow Instructions and

the terms of Escrow Pddefs goprowilons 0 S

Escrow finder Is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer end Better to
Ele ae0rov c AMMICAA Esemartielderrar TA aeliv

By

Esaewg Collier Dale

CA 94210 74770 vav 111 aha 10 earan e w 7972 1 966 M 0186 PhrlrFa7 760 910 E4lad emr keol3iOXGUXAtae Escrow Holder a RcarteW by the Oetifomia Oepenmer4 of 0lneurance Real Erato UcMea 6 Cgrporstlons Address

Ralxa

PRESENTATION OF OFFER

UsGtg Baker Vaunted

ft offer to Better on

data

REJECRON OF OFFER Saw000

No counteroffer t 7 being made This offarwes rejected bygetieron

data

PubbWondftfthd IEaO BO a G

aRPaJV BB6TyAa

1wAASSOOAATCfONOFRFALTORSB ott FMB
RevieesdbY
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a7bBOpdIVISf1AerA4LbSAtpftQft D VLPAREVISP 4110 PAGE 10 0110

VACANT LAND PURCHABEAGREEMENT VLPAPACE

10OF1O

1a97aeVmae

Page 130 of 267

CONTRACT ADDENDUM TO VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS

FOR APPROX 18 87 ACRES VARNER RD INDIO DATED MARCH 12 2014 HRA INV CITY OF INDIO AND OR ASSIGNEE

provided by pages one through ten of the Vacant Joint Escrow Instructions entered into by and between HRA and Agreement or assignee Buyer dated March 12 Investments 11 LLC Seller and City of Indio and 2014 Form VLPA and this Addendum the provisions of this Addendum shall control and supercede the contrary or inconsistent provisions in Form VLPA to the extent of said contrary
In the event of a conflict between the terms

Land Purchase

or

inconsistent

provisions
Form VLPA the

With reference to the

paragraphs enumerated in the and supercede said paragraphs as set forth below
OFFER

following provisions

amend

D

option to extend the close of escrow for up to three 3 additional one 1 month periods by depositing into escrow Sixteen Thousand Six Hundred and Sixty Six Dollars 16 666 for each additional one 1 month extension Said option payments shall be full consideration for the option granted All option payments shall be immediately refundable to Buyer and shall be passed through escrow to Seller and shall be non to the If any ofthe Sixteen Thousand Six applied purchase price upon closing extension Hundred and Sixty Six Dollars 16 666 payments are not deposited prior to the expiration of the prior closing period the escrow shall not be extended and this Agreement shall automatically terminate
On
or

before the close of escrow

Buyer

shall have the

4

ALLOCATION OF COSTS
A INSPECTIONS AND REPORTS

5

Desert Pacific

to order and Seller to pay for costs not to exceed 150 disclosure report to be delivered to Escrow Buyer Seller and Listing Agent to receive a copy of the natural hazard zone disclosure

Properties
zone

of a natural hazard

report
B ESCROW AND TITLE Escrow Holder shall be

Kelly Collier
First American Title
770 Highway 74

Company
101

111 Suite

Indian Wells CA 92210

760

8888 Phone 469

866

1073 Fax 371

Buyer and Seller acknowledge receipt of copy ofthis page which constitutes Page s Buyer
Initials

I of 8

s Seller Initials

W

Page 131 of 267

2

Title Officer shall be
Matt Hooks

First American Title 323 Court St

Company

San Bernardino CA 92401 8738 Phone 866 566 3980 Fax 909 380
7

SELLER
6 A

DOCUMENTATION

ADDITIONAL DISCLOSURE

ENVIRONMENTAL HAZARDS
To the best of Seller s actual
as a or

knowledge the property has not been used by Seller for the dumpsite storage of any Hazardous Material It shall be Buyer s sole and absolute responsibility to investigate the property and conduct whatever
tests

Buyer

deems necessary to

materials For the purposes of this

satisfy Buyer as to the absence of hazardous Agreement Hazardous Material means

hazardous toxic or dangerous waste substances or material defined as such in any federal state or local statue law ordinance code rule and regulation order
or

decree

15 Within the time A

specified in paragraph 19 A Seller shall endeavor to deliver to of all Buyer i copies grading plans plat maps parcel maps engineering reports geological studies toxic materials reports market studies soils reports current property tax bill s existing leases and any other documents or plansrelevant to the purchase holding and future development of the property that are remain in s possession and ii cooperate with Buyer in obtainingconsent and Seller reliance letters from all preparers of all plans reports and studies that permit Seller to assign such plans reports and studies to Buyer and permit Buyer to use and rely upon them The cost of obtaining such consent and reliance letters will be paid for by Buyer and Seller shall not be responsible in the event that such consent and reliance letters cannot be obtained by Buyer

11

ITEMS INCLUDED AND EXCLUDED

Closing subject to any required third party approvals Seller will assign to Buyer without representation or warranty all plans reports and studies prepared on behalf of Seller which remain in Seller s possession Buyer must obtain any required third party approvals desired by Buyer within the original close of escrow period referred to in Section I D or Buyer shall be deemed to have waived this requirement Notwithstanding the preceding sentence the parties contemplate that all of Seller s to in and the CVWD fees and CVWD Seller to rights deposits paid by approximately 000 430 shall be conveyed and transferred to Buyer in writing by and without recourse to Seller at the Closing subject to the express written consent and approval of CVWD and that such written assignment and consent must be reasonably acceptable to Buyer If Seller does not deliver such a written assignment and consent
2 B At Buyer and

Seller

acknowledge receipt

of copy of this page which

s Initials Buyer

s Initials Seller

constiby tutes

Page

2 of 8

Page 132 of 267

Closing then Buyer may terminate this Agreement by written notice to Seller and all deposits of Buyer under this Agreement shall immediately be returned to Buyer
at

12

CONDITIONS AFFECTING PROPERTY

Buyer agrees to purchase Property in its representation or warranties of any kind
and absolute

present as is condition without made by Seller It shall be Buyer s sole

responsibility

to

determine

suitability or
or

fitness ofsaid property for

s Buyer

intended purpose

Buyer acknowledges

and agrees that Seller has not at

any time made and does not make any warranties
or

representations of any kind or character expressed implied with respect to the property including but not limited to any warranties or representations as to habitability merchantability fitness for a particular purpose title other than Seller s warranty of title to be set forth in the deed zoning tax consequences physical or environmental condition or absence of hazardous materials or waste presence operating history or projection valuation governmental approvals governmental regulations the truth accuracy or completeness of any item or any other information provided by or on behalf of Seller to Buyer or any other matter or thing regarding the property Seller shall sell and convey to Buyer and Buyer agrees to accept the Upon closing Property in its present as is where is and with all faults conditions with no representations or warranties of any kind made by Seller It shall be Buyer s sole and absolute responsibility to investigate the Property and conduct whatever tests Buyer deems necessary to satisfy Buyer to the absence of hazardous materials condition of the Property and suitability or fitness of said Property for Buyer s
intended purpose
ii The Purchase Price and the terms and conditions set forth herein
are

the result of

arm l s ength bargaining kind and said price terms and conditions reflect the fact that Buyer is not relying upon any statements representations or warranties express or implied made by or on s behalf of Seller other than Seller warranty of title to be set forth in the deed without including limitation any relating to the value ofthe Property the physical or environmental condition of the Property any state federal county or local law ordinance order or permit or the suitability compliance or lack of compliance of the Property with any regulation or any other attribute or matter of or relating to the Property Buyer agrees that Seller shall not be responsible or liable to Buyer for any defects errors or omissions in any materials provided to Buyer the Materials or on account of any conditions affecting the Property s warranty of title to be set forth in the deed other than Seller iii Buyer its successors and assigns and anyone claiming by through or under s subsidiaries and affiliates and Buyer hereby fully releases Seller and Seller their respective employees agents shareholders members managers partners limited partners officers directors agents successors and assigns collectively s Released Parties from and irrevocably waives its right to maintain Seller any and all liabilities losses claims costs expenses damages judgments or
Buyer and
Seller

between entities familiar with transactions of this

acknowledge receipt

of copy of this page which

s Initials Buyer

sInitials Seller

constitby utes

Page

3 of 8

Page 133 of 267

awards including reasonable attorneys fees and expenses disbursements and costs of investigation litigation settlement judgment and any applicable interest and penalties Losses against Seller sReleased Parties with respect to any and all Losses arising from or related to any defects errors omissions in the Materials or other conditions affecting the Property In connection with the releases contained herein Buyer hereby waives any and all rights which it may have under or pursuant to 1 the provisions of section 1542 of the Civil Code of the State of California and or 2 the provisions of any other similar statutory regulatory or
common

law of any state

or

of the United States Section 1542 ofthe Civil Code

ofthe State of California

provides
HIS OR

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR EXECUTING THE SUSPECT TO EXIST IN

RELEASE WHICH IF KNOWN MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
S BUYER INITIALS

FAVOR AT THE TIME OF BY HIM OR HER MUST HAVE

HER

iii

Buyer understands fully the

statutory language of section 1542 of the Civil Code ofthe State of California and having been so apprised nevertheless releases all unknown claims as provided above

iv

Buyer represents
studies

and warrants

that

as

ofthe date hereof and as ofthe close of

escrow it has and shall have reviewed and conducted such

independent analyses including limitation analyses or fungal growth concerning the presence of lead asbestos water intrusion and and any resulting damage PCBs and radon in and about the Property reports investigations and inspections as it deems appropriate in connection with the Property Buyer acknowledges that the Property may be subject to as applicable transfer occupancy operating and other regulations and restrictions Buyer or will represents that it is familiar with such regulations and restrictions and engage an expert knowledgeable about such requirements If Seller provides or has provided any documents summaries opinions or work product of consultants surveyors architects engineers title companies governmental authorities or any other person or entity with respect to the Property including without limitation the offering prepared by Broker Buyer and Seller agree that Seller has done so or shall do so only for the convenience of both parties Buyer shall not rely thereon and the reliance by Buyer upon any such documents summaries opinions or work product shall not create or give rise to any liability of or against the Seller Released Parties Buyer acknowledges and agrees that no representation has been made and no responsibility is assumed by Seller with respect to current and future applicable zoning or building code requirements or the compliance of the Property with any other laws rules ordinances or regulations the financial earning capacity or expense history ofthe Property the continuation of contracts or occupancy levels of the Property or any part thereof
without environmental studies and

Buyer and Seller acknowledge receipt s Initials Buyer

of copy of this page which constitutes

Page 4 of

sInitials Seller

7

Page 134 of 267

v

Buyer expressly acknowledges to Seller that Seller has complied with the disclosure requirements if any of California Government Code 3 8589 flood hazard inundation and 5 51183 4 8589 failure special dam area area fire and California Public Resources Code 9 2621 high severity area earthquake fault zone 2694 seismic hazard zone and 4136 wildland fire area regarding the possible presence ofcertain natural hazards the Disclosures Seller and Buyer acknowledge and agree that any such Disclosures are made based on maps or other information that is provided by various governmental agencies and that Seller shall have no liability for the accuracy or completeness of
any such information

13

S BUYER INVESTIGATION OF PROPERTY PROPERTY

MATTERS AFFECTING

C

hereby grants to Buyer its agents and contractor a revocable right to enter Property during the escrow period for such matters as conducting soil tests environmental assessments and or engineering studies Buyer surveys and Seller from indemnify agrees to hold Seller harmless any and all claims arising out of said right to enter and further agrees to return property to its original condition Buyer agrees in the event escrow does not close and as a condition to the return of Buyer s deposit Buyer shall turn over to Seller all copies of results of tests and studies and shall maintain the confidentiality thereof except as may otherwise be required by applicable law
upon the ABILITY TO USE AND DEVELOP THE PROPERTY This offer is upon Buyer s approval and their ability to use and

Seller

Q

to their sole satisfaction of the condition of the

develop

the property within the time

contingent Property period specific in

Paragraph
14

19 B

SELLER DISCLOSURES

ADDENDA ADVISORIES

OTHER TERMS may be

1 D

Seller agrees

to

cooperate with Buyer in obtaining such approvals
of the

as

necessary for the documents as

development Property including executing reasonably required provided that cooperation shall be at no expense or obligation to Seller and providing any such approvals and documents shall not become effective until after close ofescrow unless otherwise approved in writing by Seller Buyer agrees in the event escrow does not close to turn over to Seller all copies of results tests maps engineering plans and studies
such

may be

2 D

BROKERS DISCLOSURES SIZE REPRESENTATIONS lot size may have been

representations are shall have the right

Assuming that representation of square footage or made Buyer understands and agrees that said only approximations of the exact size or dimensions Buyer
to make or obtain his own exact measurement of copy ofthis page which constitutes

Seller

real

Buyer and Seller acknowledge receipt s Buyer
Initials

Page

5 of 8

s Seller initials

7

Page 135 of 267

estate broker and agents in this transaction do not warrant

footage of the building or land or Buyer acknowledges that all information and statistics including but not limited to square footage ofthe residence room size boundary lines lot size etc as stated by the real estate agents in the multiple listing service brochures flyers advertising or any other oral or written communication relating to the property are approximate and given only as a general reference and the correctness thereof shall not be relied upon by Buyer The real estate agents source of said information is either information provided by Seller and or information obtained from a title company printout of basic information from the Assessor s office Said information has NOT been independently verified by the real estate agent and cannot be relied upon by Buyer Buyer is invited to obtain his her facts information and statistics including square footage and survey from independent sources Buyer must verify for accuracy any information Buyer intends to rely upon prior to close of escrow
square SOILS AND LAND
are

represent the actual the exact location of property lines
or

acknowledge that real estate broker and agents engineering and have no knowledge of the soils condition of subject Property Therefore in purchasing this property it is expressly agreed between Buyer and Seller that is the purchasing Buyer Buyer
not

and Seller

experts in the field ofsoils

property in its as is condition and with all faults as to soil and soil related problems of any nature whatsoever whether caused from the soil in its natural
or modified by third persons or business entities Buyer and Seller have been advised that Southern California in general consists of clay adobe

state

expansive soils and there are major and minor faults lines throughout this area Therefore Buyer is advised to seek the service of qualified soils engineers structural engineers or other experts oftheir own choosing in order to determine the condition and suitability ofthe Property Buyer and Seller agree that soils be considered an area that is inaccessible to a reasonably competent and diligent visual inspection and hereby hold Desert Pacific Properties Inc and its agents harmless from any damages or loss in value suffered to subject Property by virtue of any soil structural or design related problems
ENVIRONMENTAL The Buyer is further advised that the desert is sometimes

high winds blowing sand extreme heat temperature swings flooding and earthquakes There are also several types of pests roaches tennites spiders skunks raccoons coyotes and other vermin not found in other areas In Palm Springs Thermal and Bermuda Dunes the airport is located close to populous areas and many properties are subject to the attendant airport noises It shall be the Buyer s sole responsibility to satisfy itself as to the acceptability of airport impacts to the subject property subject
as

to environmental hazards such

PRELIMINARY TITLE REPORT

Preliminary Report ways that may affect of right
Buyer and
Seller

Title

and to review

Buyer is strongly encouraged s any easements R CC subject Property
of this page which constitutes

to examine

a

and

public

acknowledge receipt of copy

Page 6 of8

s Initials Buyer

sInitials Seller

Y

Page 136 of 267

MULTI SPECIES HABITAT Riverside County has prepared a Multi Species Habitat Conservancy for the various areas of the County Desert Pacific Properties

strongly
land
use

recommends the

Buyer

contact Riverside

and Coachella

Valley

Association of Governments

County Planning Department CVAG to obtain details on

restrictions ofthe

proposed plan
CVAG 710 Fred 73

Riverside

County Planning Department
4080 Lemon

Waring Drive
760 1 346 127

Ste 200

Street 2nd Floor

Palm Desert CA 92260

Riverside CA 92502 909 955 Telephone 3200
15 TITLE AND VESTING

Telephone
website

oru cvae www

A

Title

Company

shall

documents within ten 19

plot all easements of record and provide copies 10 days after acceptance

of recorded

TIME PERIODS REMOVAL OF CONTINGENCIES CANCELLATION RIGHTS
B1

Buyer

shall have
or

ninety 90 Report

calendar days from execution of purchase contract to

contingencies including but not limited to exceptions therein and in that regard Section 15B of the Purchase Contract is hereby deleted and any matters revealed by a survey If written approval is not delivered within the above time limit then all contingencies will be conclusively deemed disapproved and Escrow Holder shall return Buyer s fifty Thousand Dollar 50 000 deposit to Buyer less cancellation charges if any and escrow shall thereupon terminate Upon the satisfaction of all the Buyer s contingencies the deposit shall be deemed non s default Said deposit shall apply refundable except in the event of Seller towards purchase price upon closing
approve

disapprove
Title

all of Buyer s
and all title

Preliminary

All deeds of trust and other liens
assessments not yet

payable

are

except for liens disapproved and

for real property taxes and shall be removed at Seller s

cost and Seller hereby covenants through the escrow at the closing
28

to remove the same

prior

to the

closing or

BROKER COMPENSATION FROM SELLER

Seller agrees to pay Desert Pacific Thousand Dollars entire

Properties Inc commission of Sixty Five 000 upon closing of escrow which amount represents 65 commission payable in connection with the sale ofthe Property

the

Buyer and

Seller

acknowledge receipt

of copy of this page which constitutes

Page

7 of 8

s Initials Buyer

s Seller Initials

Page 137 of 267

The

Property

POR NW a T 55 RAE
G W1400

luau
win IM14

AVENUE

40

Mrp
l
tt
l 4
r

ILq

y

rr rrw

S

i
r

J
j

rvv I T w nun

iel
Y

Buyer and

Seller acknowledge

receipt

of copy of this page which constitutes

Page 8

of 8

Buyer Initials s

sInitials Seller

Page 138 of 267

ATTACHMENT B

SITE MAP

Page 139 of 267

Page 140 of 267

ITEM NO

8

SUBMITTAL TO THE CITY COUNCIL
CITY OF
r

INDIO CALIFORNIA April 16 2014

FROM

City Attorney

SUBJECT

proposed 9680 adopted February 5 2014 the Resolution of Consideration 2 consideration of seeking bondowner consent and adopt a Resolution to amend Resolution 9680 to replace the proposed rate and method of apportionment of special tax with an alternative rate and method of apportionment proposed by the petition 3 consideration to abandon the change proceeding for the proposed rate and method of apportionment of special tax
on

1 A continued public hearing to consider and determine the altering of the rate and method of apportionment of special tax for Improvement Area No 1 of the City of Indio Community Facilities District No 2004 3 to the qualified electors as in Resolution No

inability to meet the coverage test for the Series 2005 Agent Agreement Bonds the Bonds as to whether to i undertake and direct bond counsel to accomplish a bondowner consent mailing or ii abandon the change proceedings If the Council determines to undertake a bondowner consent mailing staff seeks direction as to whether it desires to continue with the RMA as set forth in the Resolution of Consideration of February 5 2014 or substitute an amendment with an alternative RMA proposed by the petition submitted to the City Council on September 4 2013 with respect to Improvement Area no 1 If the latter staff recommends adoption of the Resolution to amend Resolution No 9680
contained in the Fiscal attached
as

RECOMMENDED MOTION

Staff seeks direction in view of the

Attachment 7 and authorization of an additional

000 for 15

consultant costs

Prepared By
Cost associated with this action
A N A N In current year

Roxanne Diaz
A N A N A N

budget

FINANCIAL DATA
Source of funds Account number

Y general fund cost Current F Future FY

Budget adjustment

general

fund cost

A For fiscal year N

Current account balance Balance remaining if approved

A N A N

Legal

Review

Department Review

Financial Review

A N
Roxanne Diaz Dan Martinez
r

City Attorney

City Manager

Rob Rockwell Finance Director

CITY MANAGER S RECOMMENDATION

GItTY

MANAGERS
e

SIGNATURE

Approve

Page 141 of 267

Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 2

Public

Submit the Question of Altering the RMA in

SUMMARY The Resolution of Consideration fixed Marc
a

19

2014

as

the time and

to and method public hearing concerning the proposed amendment special tax for Improvement Area No 1 the Original R A Amendment set forth therein Per Section 53338 of the Mello Roos Act the City Council continued the public hearing to this date sufficient time for its two fiscal consultants Willdan Financial Services and Goodwin to provide Consulting Group and bond counsel to perform the additional analysis concerning compliance with the Fiscal Agent Agreement for the Bonds This additional analysis has been completed and concludes that the coverage test contained in the Fiscal Agent Agreement which must be met in connection with a proposed modification of the rate and method of apportionment of special taxes for Improvement Area No 1 the RMA cannot be satisfied when any portion of the special tax levy is shifted from developed property to undeveloped property Notwithstanding the Fiscal Agent Agreement provides that bondowners may consent to an RMA amendment that does not meet the coverage test if a majority in aggregate outstanding principal amount of the Bonds provide their consent and approval

place for of apportionment of

BACKGROUND Public Hearing Section 53338 of the Mello Roos Act that the the Resolution of

provides

public hearing

on

Consideration may be continued from time to time but shall be completed i within 30 days without the need to make any finding or ii within 6 months if the City Council as legislative

body of CFD No 2004 3 finds that the complexity of the proposed changes or the need for Roos Act further public participation requires additional time Section 53338 of the Mello the conclusion of the hearing a the City Council may abandon the provides that at not if or proceedings b precluded by written protests submitted by either i 50 percent or more of the registered voters residing with Improvement Area No 1 or ii the owners of one half or more of the land included in Improvement Area No 1 and not exempt from the special tax the City Council may submit the question of changing the RMA as proposed in Resolution of Consideration to the qualified electors of Improvement Area No 1
The financial consultants have confirmed that the modification to the RMA cannot be satisfied because of the is

inability

explained

more

to meet the coverage test contained in the Fiscal Agent fully below In that case the City cannot proceed with RMA to the with two

Agreement as submitting the

question of changing the Accordingly the City is left

qualified electors of Improvement Area No 1 remaining alternatives which are either i obtain the consent of the owners of a in aggregate principal amount of the Bonds in order to majority proceed with submitting the desired RMA Amendment to the qualified electors of Improvement Area No 1 for a vote at a special election or ii abandon the change proceedings See Government Code Section 53332 2 of the Fiscal a and Sections 5 75 2 86 2 4 and 6 1 Agent Agreement We next provide a summary of the RMA calculations reviewed by our fiscal consultants and a summary of key provisions of the Fiscal Agent Agreement

Page 142 of 267

Public

Hearing to Determine Whether to Improvement Area No 1 Terra Lago

Submit the Question of Altering the RMA in

April 16
Page
3

2014

Original RMA Amendment from Resolution of Consideration adopted
The

on

February 5 2014 RMA
as

Original RMA Amendment proposes to amend Section D 1 of the existing undeveloped property in Improvement Area No 1 would pay into the special tax

so

that

sought by

the Petition

original currently effective RMA developed properties are levied first up to 100 of their Assigned Special Tax Rate as needed to satisfy the annual Special Tax Requirement The Special Tax Requirement is defined in the RMA to consist primarily of debt service on the Bonds and CFD administrative expenses for the subject fiscal year Under the original RMA undeveloped properties are levied in a second step only if more monies are needed to satisfy the Special Tax Requirement for Improvement Area No 1 for the applicable fiscal year In fiscal year 2008 09 developed property was levied at 100 of their Assigned Tax and rates Special 81 of their undeveloped property was levied at approximately 99
on

Based

the

Maximum

Special

Tax rates the Bonds decreased somewhat of

Debt service due to the

10 commencing fiscal year 2009 as Bonds required by the Fiscal Agent Agreement with escrowed could not be used for projects due to the lack of growth in property values in Improvement Area No 1 Due to this reduction CFD No 2004 3 has not needed to utilize the second step in the RMA i e levy on undeveloped 10 in order to raise sufficient monies to cover the Special Tax properties since 2009 Requirement Developed properties on the other hand were levied in fiscal year 2013 14 42 of their pursuant to the first step in the RMA at an effective rate of approximately 93 respective Assigned Special Tax Rates in order to satisfy the Special Tax Requirement
on

payments

redemption prepayment

approximately 3 project funds that

million of

Under the Original RMA Amendment the Special Tax Requirement would be allocated between developed lots and undeveloped lots in proportion to the percentage that such lots comprise of the total number of lots in Improvement Area No 1 for the applicable fiscal year

example there currently classified

currently 636 taxable lots in Improvement Area No 1 523 of which are Developed Property under the RMA and 113 of which are currently classified as Undeveloped Property under the RMA Thus if there are no changes in this development status for fiscal year 2014 15 the Original RMA Amendment would allocate 82 being 523 15 Special Tax Requirement to be levied approximately 23 636 of the 2014 on Developed Property and approximately 17 77 being 113 15 Special 636 of the 2014 Tax Requirement to be levied on Undeveloped Property
are as

For

Original RMA Amendment would have the effect of reducing the special tax levies on developed lots in Improvement Area No 1 in tax year 2014 15 by an estimated 17 64 in 14 The estimated 2014 comparison to their respective special taxes levied in tax year 2013 15 tax levies on developed lots under the Original RMA Amendment would translate into an effective tax rate equal to approximately 76 95 of the Assigned Special Taxes for each type of developed property in Improvement Area No 1 see Tables 1 and 2 in the existing RMA To enable the special tax levies on undeveloped lots to achieve an amount equal to their proportionate allocation of the Special Tax Requirement as described above in the previous paragraph the Maximum Special Tax Rate for undeveloped property in Improvement Area No 1 would need to be increased to 117 11 of the existing Maximum Special Tax Rate for

The

Page 143 of 267

Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014 Page 4

Public

Submit the Question of Altering the RMA in

undeveloped property in Improvement Area No 1 see Table 5 in the existing RMA Thus the Original RMA Amendment also would amend Table 5 of the existing RMA to increase the Maximum Special Tax Rate for undeveloped property in Improvement Area No 1 accordingly
12 acre parcel in Zone example under the current RMA a 2 400 square foot home on a 0 A of Improvement Area No 1 was levied 92 3 special taxes in tax 003 in CFD No 2004 3 14 If the RMA is amended by the Original RMA Amendment this developed year 2013 3 levy of 12 15 On property would pay an estimated reduced CFD No 2004 474 in 2014 2 current the other hand under the 12 acre parcel in Zone A of RMA an undeveloped 0 3 special taxes in tax year 2013 14 Improvement Area No 1 was levied 0 in CFD No 2004 If the RMA is amended by the Original RMA Amendment this undeveloped property would pay an estimated increased CFD No 2004 3 levy of 97 15 021 in 2014 3 Alternative Petitioner RMA Amendment The Petition submitted Area For

regard to Improvement undeveloped properties make up 25 of the debt service and requested that the RMA be amended so that the undevelopment property owners pay their proportionate share of the special taxes We requested our fiscal consultant to review the viability of this proposal This RMA amendment proposed by the petition is
on

September 4

2013 to amend the RMA with

1

stated that under the current RMA the

referred to herein

as

the Petitioner RMA Amendment

The Petitioner RMA Amendment proposes to refine the allocation of special taxes between developed property and undeveloped property set forth in the Original RMA Amendment As described
a pro rata allocation based on number of developed and undeveloped lots versus total number of lots As indicated in the Official Statement i e offering document for the Bonds dated

above

the allocation method

proposed

in the

Original

RMA Amendment is

special parcels in Tract 31601 which include the 113 parcels currently classified as Undeveloped Property under the RMA are responsible for 25 of the special taxes even though they comprise only 21 of the total number of residential parcels
as to

September 7 2005

each lot in

Improvement

Area No 1 is not

weighted evenly

taxes

The tables in the Official Statement indicate that the 133 total residential

Thus the Petitioner RMA Amendment proposes to allocate 25 of the Special Tax Requirement to the lots in Tract 31601 of Improvement Area No 1 and 75 of the Special Tax Requirement to the lots in the other tracts of Improvement Area No 1 i e Tracts 31601 and Since all of the lots within Tracts 2 31601 3 31601 4 3 5 31601 2 31601 31601 5 are completely built out and classified as Developed Property under 4 and 31601 31601 the RMA the Petitioner RMA Amendment proposes to levy these parcels proportionately vis a vis their respective Assigned Special Taxes see Tables 1 and 2 in the existing RMA as needed to satisfy an amount equal to 75 of the Special Tax Requirement As to the lots within Tract 31601 the Petitioner RMA Amendment proposes to account first for the developed parcels in Tract 31601 by levying the special tax on each parcel of developed property at the same percentage of the applicable Assigned Special Tax rate that achieved the proportional allocation for developed property in Tracts 31601 5 in 2 31601 3 31601 4 and 31601 the Petitioner RMA Amendment would the sentence previous Finally complete levy by levying the special tax on each parcel of undeveloped property in Tract 31601 proportionately

Page 144 of 267

Hearing to Determine Whether to Improvement Area No 1 Terra Lago April 16 2014
Public

Submit the Question of Altering the RMA in

Page

5

at up to 100 of the

25 of the sentence

applicable maximum special tax rate to satisfy an amount equal to a Special Requirement less b the aggregate amount levied in the foregoing of on parcels developed property in Tract 31601
Tax

To accomplish this allocation of special taxes propos