Desert Hot Springs City Council
June 21, 2022

SR-22-139
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Award Construction Contract for the Construction of ATP Cycle 5 - Palm Drive North - Phase 1 Improvements, City Project No. 3000 RECOMMENDATION:

Award the construction contract agreement to the lowest responsible bidder, Onyx Paving Company, Inc. and authorize the City Manager to execute the agreement by and between Onyx Paving Company, Inc. and the City of Desert Hot Springs for the Construction of ATP Cycle 5 – Palm Drive North, in the amount of $3,172,000, and approve a total project budget of $4,298,600 that includes contingencies and other construction services.

BACKGROUND:

The ATP Cycle 5 – Palm Drive North Improvements is a roadway improvement project that includes the installation and construction of sidewalks for gap closures, ADA curb ramps, Class II and buffered Class II bike lanes, SCE streetlights, removal and replacement of asphalt, and high-visibility crosswalks. The project extends from Pierson Boulevard to Mission Lakes Boulevard.

On February 18, 2020, the City approved a professional services agreement with Omnis Inc. to prepare plans, specifications and an engineer’s estimate for the Palm Drive North improvements. The scope of work included the following:
• 4,400 feet of Class II and buffered Class II bike lanes • 2,700 feet of new sidewalk and gap closure
• 10 high-visibility crosswalks
• 3 rapid flashing beacons
• Lane reduction from 4 to 2 lanes
• A four way stop sign at 12th Street
• 11 SCE streetlights
• 48 ADA curb ramps
• Removal and replacement of Asphalt
Preliminary plans were developed to apply for grant funding through various available grant sources.

City Staff was successful in applying and receiving grant funds from the State’s Active Transportation Program (ATP) Cycle 5 funds and from Riverside County Transportation Commission’s SB 821 funds for this project.

SR-22-139
In May 2019, the Riverside County Transportation Commission approved SB 821 funds in the amount of $330,906 for the DHS Bike Lanes and ADA Improvements, which is part of the Palm Drive North improvements from Pierson Boulevard and Mission Lakes Boulevard.

In April 2021, the California Transportation Commission (CTC) approved ATP Cycle 5 funding in the amount of $3,700,000 for City of Desert Hot Springs Pedestrian and Bike Path – Palm Drive from Pierson Boulevard to Mission Lakes Boulevard.

After the engineering design was completed and approved, staff issued an Request for Bid Proposals (RFP) for construction.

DISCUSSION:

On May 3, 2022 the RFP for the Construction of ATP Cycle 5 – Palm Drive North – Phase 1 Project # 3000 was released. The Notice Inviting Bids was posted on the City’s website and with Planit Reprographics, a local valley clearing house for public bid solicitations. The RFP was released for 28 days, and on May 31, 2022, the following Bids were received and opened:

Contractor Address Total Bid Amount
Onyx Paving Company, Inc. 2890 E. La Cresta Avenue
Anaheim, CA 92806 $ 3,172,000.00
Granite Construction Company 38000 Monroe Street
Indio, CA 92203 $ 3,432,343.00
All American Asphalt P.O. Box 2229
Corona, CA 92878 $ 3,668,515.50
Hardy & Harper, Inc. 32 Ranch Circle
Lake Forest, CA 92630 $ 3,675,000.00
Desert Concepts Construction,
Inc.
79775 Ave 40
Indio, CA 92203 $ 4, 545,202.50
Staff reviewed the bids and verified all submittals and determined the lowest responsible bidder to be Onyx Paving Company, Inc. with a total bid amount $3,172,000.00. Staff verified references that were submitted with their bid packet and found Onyx Paving Company, Inc. to meet the necessary qualifications.

Staff is recommending that City Council award the construction contract agreement to the lowest responsible bidder, Onyx Paving Company, Inc. and authorize the City Manager to execute the agreement by and between Onyx Paving Company, Inc. and the City of Desert Hot Springs for the Construction of ATP Cycle 5 – Palm Drive North – Phase 1, City Project No. 3000 in the amount of $3,172,000, and approve a contingency amount of $951,600 (20% for unforeseen road work and 10% for unforeseen SCE work), as-needed inspection services of $60,000, as-needed material/equipment testing of $15,000, and an SCE Fee of $100,000, which brings the total project budget to $4,298,600.

FISCAL IMPACT:

This project will be funded through the following funding sources:

ATP Cycle 5 = $3,700,000
SB 821 = $330,906

SR-22-139
SB1 = $267,694
Total Project Budget = $4,298,600.00
Contract Amount = $3,172,000
Contingency = $951,600
As-needed Inspection Services = $60,000
As-needed Material/Equipment Testing = $15,000
SCE Fee = $100,000
Total Project Budget = $4,298,600.00
Construction is expected to start in August 2022 and is anticipated to be completed in February 2023.

The funding and expenditures will be added to the FY22-23 Budget.

ATTACHMENTS:

Exhibit 1 - Project Plans
Exhibit 2 - Bid Proposal
Exhibit 3 - Notice Inviting Sealed Bid Proposals
Exhibit 4 - Bid Item Tabulation Table
Exhibit 5 - Draft Public Works Construction Agreement

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MATCH LINE 127+50 - SEE SHEET 8 MATCH LINE 115+00 - SEE UPPER RIGHT MATCH LINE 115+00 - SEE LOWER LEFT Page 464 of 782 MATCH LINE 127+50 - SEE SHEET 7 MATCH LINE 138+00 - SEE LOWER LEFT MATCH LINE 138+00 - SEE UPPER RIGHT MATCH LINE 148+50 - SEE SHEET 9 Page 465 of 782 MATCH LINE 148+50 - SEE SHEET 8 MATCH LINE 159+00 - SEE LOWER LEFT MATCH LINE 159+00 - SEE UPPER RIGHT Page 466 of 782 BIDDER’S PROPOSAL
FOR THE ATP Cycle 5 — Palm Drive North — Phase 1 IN THE CITY OF DESERT HOT

SPRINGS, CALIFORNIA
Date 05/27 2022
To the City Council of the
City of Desert Hot Springs:

The Undersignedhereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:

ONYXPAVING COMPANY INC.

COREY R. KIRSCHNER- CEO, PRES, VP, SEC, TREA
(If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership,give the name under which the co-partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract isto be drawn.) (b) That this bid proposal is made without collusion with any person, ?rm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarizedhimself with all of the physical and climatic conditions, and makes this bid proposal solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledgesreceipt and knowledge of the contents of those communicationssent by the City of Desert Hot Springs to him at the address furnished by him to the City of Desert Hot Springs when this bid proposal form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid proposal in accordance therewith.
(i) That, if this bid proposal is accepted he will enter into a written contract for the performance of the proposed work with the City of Desert Hot Springs. 10

BIDDER’S PROPOSAL
(g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be.

Accompanying this bid proposal is a certi?ed or cashiers check or bidder‘s bond, payable to the order of the City of Desert Hot Springs in the sum of B1DDER's BOND - 10% DOLLARS ($ ) Said bidder‘s
bond has been duly executed by the undersigned bidder and by a ?nancially sound surety company authorized to transact business in this state.

It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said cash, check, or bidder's bond, shall become the property ofthe City of Desert Hot Springs, but if this contract is entered into and said bonds are furnished.or if the bid is not accepted then said check or cash shall be returned to the undersigned, or the bidder will be released from the bidder’s bond.
2890 E. LACRESTA AVE. 714-632-6699
Addressof Bidder Telephone of Bidder
ANAHEIM, CA 92806
City Zip Code Signature ofBidder
COREY R. K|RSCHNER—

CEO, PRES, VP, SEC, TREA
11

BID PROPOSAL FORM
ATP Cycle 5 - Palm Drive North - Phase 1

IN THE CITY OF DESERT HOT SPRINGS

TO THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA The undersigned as bidder declares that he has carefully examined the location of the proposed work, that he has examined the Special Provisions and read the accompanying instructionsto bidders, and hereby proposes and agrees, if the bid proposal is accepted, to fumish all materials and do all work required to complete the said work in accordance with the said Standard Speci?cations, Special Provisions, Technical Speci?cations, and Project Plans in the time and manner therein prescribedfor the unit price set forth in the following schedule:

ITEM EST.

N0. QTY. DESCRIPTION UNIT PRICE TOTAL

1. I LS Mobilizationfor the lump sum
price of
and>**t'I"".‘2. 5-(mg mg ?vsvauud0uthuua'r€(/ u of/ms
Lump Sum 1572,1637
(words)

2. 1 LS Traffic Control for the lump sum
price of
EMlmmdnd?urhj-hine -l’l\0U5°«"‘ol. OIOIWS
Lump Sum $ 23% 000
(words)

3. 1 LS Fugitive Dust Control for the
lumpsum price of
«?rifiten 9la0v‘S°W—0 dial/0'3
Lump Sum $)3’ 00 0
(words)
12

ILS
3,400 LF
70 LF
15,200 SF
25,400 SF
Construction Survey and Staking
for the lump sum price of
lire?at/.mnb0¢>(°//d"5
(words)
Lump Sum
Remove Existing Improvements and
Construct New PCC Curb & Gutter

43.9%.,m(m_»5
Construct Asphalt Concrete Berm
}Len¢»5m~eu-. gla/[4r$
(words)
Remove Existing Improvements
and Construct PCC Cross Gutter
on Aggregate Base
?ing -one ololla-CS
(words)
Remove Existing Improvements
and Construct PCC Sidewalk
nine 0/°J[“".3
(words)
$ 55, 000
$170,000
$5l?, Z00
$ 228, Q00
_13

10. ll.

12. 41 EA
6EA
1,550 SF
7,600 SF
Construct New Curb Ramp
(only work in additionto
constructing New Sidewalk)
?g wovsum?$lv~Q\/tovxrlredi oiO\lor’5
(words)
ModifyExisting Curb Ramp
and InstallDetectableWarning
Surface
33,9 ;llrlu;§a.s/ml,§0Wl'\UV~dl""«‘J
?gliars
(words)
Remove Existing Improvements
and Construct PCC Commercial
Driveway Approach per City Std.

No. 209
mat, a
dollars
(words)
Remove ExistingImprovements
and Construct PCC Residential
Driveway Approach per City Std
No. 207
EH-canolo\\ars
(words)
$ 5,500 Z2S.">e>o Tam“
$vLuo5
$31000
$ llmooo
14

13. 14.

15. 16.

17. 10CY
30 CY
2,875 LF
11,850 SY
6,550 CY
Remove Existing Concrete
Sidewalks and Backfill Level
with Class 2 Base
£11hvno/rwd0/0//‘’’’5
$ 500
(words)
Remove Existing CMU Retaining
Wall and Footing and Back?ll
at 2:] with Class 2 Base
)CI'ld 6'/9,14’?
3 500
(words)
Construct 2-foot Wide x 6-inch
Thick Asphalt Concrete Pavement
Repair along New PCC Improvements
fa, c/70114
(words)
Construct Type II Slurry Seal
[Mg o/oI/at/‘S’
(words)
Remove Existing Asphalt Concrete
Pavement and Base and Excavate
for Proposed for ProposedStructural
Section
Jzirg—Four doliars
3 5,000
$15,000
$ 22', 780
3 5‘l,Z'S0
$ 233’,Zoo
15

(words)

18. 235,450 SF Scarify, Moisture Condition.and
Compact 8-inch Subgrade
? 3m..o ten?‘
3; O.22 $ 5l;7‘f‘i
(words)
5 15° 0

19. 4,lK)O TON Construct 4-inch Thick Aggregate
Base Course
\-won » ma ms
5; 17 $
\'-W?)500
® (words)
‘is‘W0

20. 5.‘O0TON Construct 5-inch Thick Asphalt
Concrete Pavement
\ ~ 315 E5-?‘ Geo, 3 oo
-I:urnp-S‘n1-n $j_A
(words)

21. 38 EA Adjust Water Valve Cover to Grade
am.
one ?gu§uv\c5l 9!] we \\uv~&"CA‘ a°\\D‘“
3; M00 3; ‘—1I,‘8'OO
(words)

22. l 1 EA Adjust Sewer Manhole Frame
and Cover to Grade
om’, #\0‘IS4-vtwi , 0*‘? hvnd?ed 40//AFJ’
$ W0 3 /2,)oo
(words)
16

23. 24.

25. 26.

27. 28.
7EA
36 LF
22 EA
9EA
8EA
19 EA
Re-EstablishSurvey Monument
ong ?govganoldollars
—¢———:. (words)
Construct 24” Concrete Block
Slough Wall
_~_b“glm:v:?v'€J 0l°llAFS
(words)
Remove Existing Sign Post and
Relocate Existing Sign on
New Metal Post
Sumo
LW
55 Z00
-two hvhtlgl ,?4§l‘§( mr0l7"“"5
(words)
Install New Traffic Sign on New
Metal Post
Vpbvrlnuhllrc?l ,J3££hl—~§)w opallad
(words)
Remove Existing Tree
$ 231;]
$ 1-H‘-l
?g *l’lwU$anoP HDIKQll?mlnet?J0//act
(words)
Remove and Relocate Existing
Mail Box
?g; olollm?
$
\,6o0
500
$ 82%.‘;
$ Z000
$ 7/ 200
$
IZ/000
$ 5,700
17

(words)

29. 1 LS lnstall Street Lighting Conduits
and Pull Boxes per SCE Streetlight
lnstall Plan
?e bunalrcbf @cwl71{1’1»4 7‘i.uv5‘I"o/ clollab
3 222,000 3; Z22, 000
(words)

30. 1 LS lnstall Pavement Striping Lines.

Markings, Legends. and Pavement
Markers
?gMt}Raw?UU)a""cp olallws
(words)
3 s/I+,ooo_ 3
54,000
-« hm! dart 'l'wo}4~ nddlfmd
TOTALBID +{,r.9C Mil/rL7n,orvt V M n}"/ Dusa o$ %I|7Z/poo (words)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days. not including Sundays and legal holidays. after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid prop al and the acceptance thereof may be considered null and void.

Signature of bidder
COREYR. KIRSCHNER - CEO, PRES, VP, SEC, TREA
(If an individual,so state. lfa ?rm or co-partnership, state the ?rm name and give the names of all individual co-partners composing the ?rm. lfa corporation, state legal name of corporation. also names of president, secretary, treasurer and manager thereof.) ONYX PAVING COMPANY, INC.
2890 E. LA CRESTA AVE.

ANAHEIM, CA 92806
Business Address
714-632-6699
Telephone Number
Dated: 05/27
. 20 22
18

CITY PROJECT NO. 3000
ATP Cycle 5 - Palm Drive North – Phase 1
NIB-1

CITY OF DESERT HOT SPRINGS

NOTICE INVITING SEALED BID PROPOSALS
for
CITY PROJECT NO. 3000
ATP CYCLE 5 – Palm Drive North – Phase 1
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for street improvements including sidewalk, ADA ramps, striping and the performance of other appurtenant works as more particularly described in the specifications under City Project No. 3000, ATP Cycle 5 – Palm Drive North – Phase 1, in the City of Desert Hot Springs.

The Sealed bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2:00 p.m. on May 31, 2022. Public Works “Bid: ATP Cycle 5 – Palm Drive North – Phase 1, City Project No. 3000” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240. The bids will then will be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 2:00 p.m. on May 31, 2022.

Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.

No bid proposal will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the Business and Professions Code. The work requires a California Class “A” contractor's license.

The bids must be submitted on the proposal forms included in the bidder's package of the contract documents.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: BIDDER must agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 120 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.

OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for the ATP Cycle 5 – Palm Drive North – Phase 1 are ONLY available to be ordered online at; www.planitreprographics.com. For orders by phone, contact: Planit

CITY PROJECT NO. 3000
ATP Cycle 5 - Palm Drive North – Phase 1
NIB-2
Reprographics at (760) 345-2500.

Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning (760) 329-6411 ext. 216.

The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); Mission Springs Water District (MSWD), “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities,” Latest Manual; Southern California Edison, “Underground Structures Standard (USG),” Latest Manual; “Standard Specifications for Public Works Construction,” 2015 Edition, as published by Building News, Inc.; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The MSWD, on-line version of the manual is available at MSWD Web site, the SCE “Underground Structures Standard (USG) Manual,” on-line version of the manual is available at SCE’s Standards & Publications Web site, “Standard Specifications for Public Works Construction,” 2015 Edition is available at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517-0970, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication Unit Web site: http://caltrans-opac.ca.gov/publicat.htm.

ADDITIONAL BID INFORMATION AND REQUIREMENTS: Pre-bid inquiries should be directed to Mr. Daniel Porras P.E. Public Works Director at (760) 329-6411 X 216, or via email at [email protected]. Pre-Bid questions regarding Plans and Specifications shall be submitted to: John Gabor via email only at jgabor@omnisinc.com. Include “Pre-bid Questions for ATP Cycle 5 - Palm Drive North – Phase 1, Project No. 3000” in the “Subject Line”. Pre-bid questions will not be accepted after 12 p.m. (noon) on Monday May 16, 2022.

The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.

CITY PROJECT NO. 3000
ATP Cycle 5 - Palm Drive North – Phase 1
NIB-3
The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City nonresponsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.

A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible contractors.

The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.

All persons performing the work shall be paid not less than the General Prevailing Wage Determination prepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Department of Public Works.

The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.

The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:

A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.

A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.

A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs and The County of Riverside as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

A “Certificate of Worker’s Compensation Insurance”.

And a “Certificate of Commercial Vehicle Liability Insurance” (See “Insurance and

CITY PROJECT NO. 3000
ATP Cycle 5 - Palm Drive North – Phase 1
NIB-4
Bonds” paragraphs within the Special Instructions to Bidders Section.

Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.

As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.

Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required.

The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

The City supports and encourages equal opportunity contracting.

FEDERAL FUNDING
This project is being financed with Active Transportation Program (ATP), created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013), consolidated several federal and state transportation programs to focus on making California a national leader in active transportation.

PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.

The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.

CITY PROJECT NO. 3000
ATP Cycle 5 - Palm Drive North – Phase 1
NIB-5

PROPOSED CONSTRUCTION SCHEDULE
The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.

May 3, 2022 Request For Proposal Advertised
May 31, 2022 Seal Bid Submitted by 2:00PM
June 7, 2022 Anticipated award of construction contract June 21, 2022 Contracts fully executed / Notice to proceed issued July 5, 2022 Pre-Construction meeting
August 26, 2022 Construction begins
February 26, 2022 Construction completed

CITY OF DESERT HOT SPRINGS

JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive,
Desert Hot Springs, California 92240
(760) 329-6411

Advertised: May 3, 2022

Item Description Est. Qty. Unit Price
Engineers
Estimate
1 Mobilization 1 LS $80,000 $ 72,167.00 72,167.00 $ 160,000.00 $ 160,000.00 $ 159,000.00 $ 159,000.00 $ 100,000.00 $ 100,000.00 $ 200,000.00 $ 200,000.00 $ 2 Traffic Control 1 LS $85,000 $ 249,000.00 249,000.00 $ 168,093.00 $ 168,093.00 $ 216,000.00 $ 216,000.00 $ 212,485.00 $ 212,485.00 $ 40,000.00 $ 40,000.00 $ 3 Fugitive Dust Control 1 LS $50,000 $ 13,000.00 13,000.00 $ 30,000.00 $ 30,000.00 $ 24,000.00 $ 24,000.00 $ 5,000.00 $ 5,000.00 $ 12,000.00 $ 12,000.00 $ 4 Construction Survey and Staking 1 LS $60,000 $ 55,000.00 55,000.00 $ 25,000.00 $ 25,000.00 $ 58,000.00 $ 58,000.00 $ 50,000.00 $ 50,000.00 $ 40,000.00 $ 40,000.00 $ 5 Remove Damaged Curb & Gutter and Construct New PCC Curb & Gutter
3,400 LF $85 $289,000
$ 170,000.00 50.00 $ 51.00 $ 173,400.00 $ 50.00 $ 170,000.00 $ 60.00 $ 204,000.00 $ 52.00 $ 176,800.00 $ 6 Construct Asphalt Concrete Berm 70 LF $80 $5,600 $ 1,890.00 27.00 $ 165.00 $ 11,550.00 $ 100.00 $ 7,000.00 $ 90.00 $ 6,300.00 $ 45.00 $ 3,150.00 $ 7 Remove Existing Improvements and Construct PCC Sidewalk 15,200 SF $50 $760,000 $ 319,200.00 21.00 $ 27.00 $ 410,400.00 $ 28.00 $ 425,600.00 $ 35.00 $ 532,000.00 $ 22.00 $ 334,400.00 $ 8 Remove Existing Improvements and Construct PCC Sidewalk 25,400 SF $10 $254,000 $ 228,600.00 9.00 $ 12.00 $ 304,800.00 $ 11.30 $ 287,020.00 $ 11.00 $ 279,400.00 $ 18.00 $ 457,200.00 $ 9 New Curb Ramp (only work in addition to constructing New Sidewalk) 41 EA $3,000 $123,000 $ 225,500.00 5,500.00 $ 400.00 $ 16,400.00 $ 3,740.00 $ 153,340.00 $ 5,600.00 $ 229,600.00 $ 4,500.00 $ 184,500.00 $ 10 Modify Existing Curb Ramp and Install Detectable Warning Surface 6 EA $2,500 $15,000 $ 14,400.00 2,400.00 $ 1,000.00 $ 6,000.00 $ 2,200.00 $ 13,200.00 $ 1,800.00 $ 10,800.00 $ 2,000.00 $ 12,000.00 $ 11 Remove Existing Improvements and Construct PCC Commercial Driveway Approach
1,550 SF $25 $38,750
$ 31,000.00 20.00 $ 30.00 $ 46,500.00 $ 29.00 $ 44,950.00 $ 21.00 $ 32,550.00 $ 26.00 $ 40,300.00 $ 12 Remove Existing Improvements and Construct PCC Residential Driveway Approach with 4' Wide ADA Accessible Walk
7,600 SF $25 $190,000
$ 114,000.00 15.00 $ 20.00 $ 152,000.00 $ 15.00 $ 114,000.00 $ 16.00 $ 121,600.00 $ 20.00 $ 152,000.00 $ 13 Remove Existing Concrete Sidewalk and Backfill Level with Class 2 Base
10 CY $100 $1,000
$ 5,000.00 500.00 $ 400.00 $ 4,000.00 $ 418.00 $ 4,180.00 $ 600.00 $ 6,000.00 $ 280.00 $ 2,800.00 $ 14 Remove Existing CMU Retaining Wall and Footing and Backfill Level with Class 2 Base
30 CY $100 $3,000
$ 15,000.00 500.00 $ 300.00 $ 9,000.00 $ 655.00 $ 19,650.00 $ 600.00 $ 18,000.00 $ 320.00 $ 9,600.00 $ 15 Construct 2-foot Wide x 6-inch Thick Asphalt Concrete Pavement Repair along New PCC Improvements
2,875 SF $30 $86,250
$ 28,750.00 10.00 $ 23.00 $ 66,125.00 $ 21.00 $ 60,375.00 $ 30.00 $ 86,250.00 $ 22.00 $ 63,250.00 $ 16 Construct Type II Slurry Seal 11,850 S
Y $7 $82,950 $ 59,250.00 5.00 $ 7.00 $ 82,950.00 $ 5.30 $ 62,805.00 $ 5.50 $ 65,175.00 $ 12.00 $ 142,200.00 $ 17 Remove Existing Asphalt Concrete Pavement and Base and Excavate for Proposed Structural Section
6,550 CY $30 $196,500
$ 288,200.00 44.00 $ 55.00 $ 360,250.00 $ 57.00 $ 373,350.00 $ 55.00 $ 360,250.00 $ 50.00 $ 327,500.00 $ 18 Scarify, Moisture Condition, and Compact 8-inch Subgrade 235,450 SF $0.25 $58,863 $ 51,799.00 0.22 $ 0.30 $ 70,635.00 $ 0.19 $ 44,735.50 $ 0.20 $ 47,090.00 $ 1.45 $ 341,402.50 $ 19 Construct 4-Inch Thick Aggregate Base Course 5,500 TON $50 $275,000 $ 148,500.00 27.00 $ 35.00 $ 192,500.00 $ 33.00 $ 181,500.00 $ 31.00 $ 170,500.00 $ 45.00 $ 247,500.00 $ 20 Construct 5-inch Thick Asphalt Concrete Pavement 7,400 TON $110 $814,000 $ 680,800.00 92.00 $ 117.00 $ 865,800.00 $ 112.00 $ 828,800.00 $ 100.00 $ 740,000.00 $ - $ 1,184,000.00 $ 21 Adjust Water Valve Cover to Grade 38 EA $900 $34,200 $ 41,800.00 1,100.00 $ 1,225.00 $ 46,550.00 $ 815.00 $ 30,970.00 $ 1,000.00 $ 38,000.00 $ 1,200.00 $ 45,600.00 $ 22 Adjust Sewer anhole Frame and Cover to Grade 11 EA $1,800 $19,800 $ 12,100.00 1,100.00 $ 1,200.00 $ 13,200.00 $ 1,408.00 $ 15,488.00 $ 1,200.00 $ 13,200.00 $ 1,800.00 $ 19,800.00 $ 23 Re-establish Survey Monument 7 EA $2,500 $17,500 $ 7,000.00 1,000.00 $ --- 5,425.00 $ 624.00 $ 4,368.00 $ 700.00 $ 4,900.00 $ - $ 8,000.00 $ 24 Construct 24-inch Concrete Block Slough Wall 36 LF $150 $5,400 $ 7,200.00 200.00 $ 365.00 $ 13,140.00 $ 356.00 $ 12,816.00 $ 425.00 $ 15,300.00 $ 280.00 $ 10,080.00 $ 25 Remove Existing Sign Post and Relocate Existing Sign on New Steel Post
22 EA $750 $16,500
$ 5,148.00 234.00 $ 225.00 $ 4,950.00 $ 247.00 $ 5,434.00 $ 250.00 $ 5,500.00 $ 250.00 $ 5,500.00 $ 26 Install New Traffic Sign on New Steel Post 9 EA $1,000 $9,000 $ 3,996.00 444.00 $ 325.00 $ 2,925.00 $ 356.00 $ 3,204.00 $ 350.00 $ 3,150.00 $ 380.00 $ 3,420.00 $ 27 Remove Existing Tree 8 EA $1,000 $8,000 $ 12,000.00 1,500.00 $ 2,000.00 $ 16,000.00 $ 3,000.00 $ 24,000.00 $ 3,200.00 $ 25,600.00 $ 1,800.00 $ 14,400.00 $ 28 Remove and Relocate Existing Mail Box 19 EA $850 $16,150 $ 5,700.00 300.00 $ 250.00 $ 4,750.00 $ 670.00 $ 12,730.00 $ 650.00 $ 12,350.00 $ 1,200.00 $ 22,800.00 $ 29 Install Street Lighting Conduits and Pull Boxes per SCE Streetlight Install Plan
1 LS $250,000
$ 222,000.00 222,000.00 $ 90,000.00 $ 90,000.00 $ 227,000.00 $ 227,000.00 $ 200,000.00 $ 200,000.00 $ 305,000.00 $ 305,000.00 $ 30 Install Pavement Striping Lines, Markings, Legends, and Paement Markers
1 LS $90,000
$ 84,000.00 84,000.00 $ 80,000.00 $ 80,000.00 $ 85,000.00 $ 85,000.00 $ 80,000.00 $ 80,000.00 $ 140,000.00 $ 140,000.00 $ TOTAL
S $3,934,463 $ 3,432,343.00 3,172,000.00 $ 3,668,515.50 $ 3,675,000.00 $ 4,545,202.50 $ Bid Proposal 3,172,000.00 $ $ 3,432,343.00$ 317,200.00$ 317,200.00$ 60,000.00$ 15,000.00$ 100,000.00$ 4,241,743.00 Palm Drive Street Lighting and Safety Improvement Project, City Project Number 2017-14 All American Asphalt Hardy and Harper, Inc
Contingency (unforseen SCE work) 10%
Desert Concepts
Construction, Inc.

Contingency (unforseen road work) 10%
Inspection
Material/Equipment Testing
SCE Fee
Total Construction Budget
Onyx Paving Company Inc
Granite Construction
Company

PUBLIC WORKS CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
ONYX PAVING COMPANY, INC.

THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this 21 day of JUNE, 2022, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as "City," and ONYX PAVING COMPANY, a CORPORATION, hereinafter referred to as "Contractor."

RECITALS
WHEREAS, the City desires to retain Contractor, on an independent contractor basis, to perform STREET IMPROVEMENT CONTRACT SERVICES AS SHOWN ON STREET IMPROVEMENT PLANS AND SPECIFICATIONS as more particularly described below; and
WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND

RELEASES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Incorporation by Reference
The foregoing recitals are hereby expressly made a part of this Agreement as though fully set forth herein.

2. Project Information.
• Location: PALM DRIVE FROM PIERSON BOULEVARD TO MISSION LAKES as depicted in Contractor’s proposal dated MAY 31, 2022, and attached hereto and incorporated herein as Exhibit “A” (“Scope of Services” or sometimes “Project”).

In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.
• Project description, including significant materials to be used and equipment to be installed: Remove and replace 40,600 sq. ft. of PCC Sidewalk, Modify and construct 47 ADA curb ramps, remove and replace existing driveway approaches, construct asphalt concrete pavement, and construct 4,400 feet of

buffered class II bike lanes, in the City of Desert Hot Springs, California, as set forth in the Scope of Services.
• License classification applicable to Project: Class A General Engineering Contractor’s License
• Approximate start date: August 26, 2022
• Approximate completion date: February 26, 2023
• Substantial completion of work evidenced by: Inspection and approval by City Staff.
• It is expressly agreed that except for extensions of time duly granted by the City, in writing, time shall be of the essence.
• The parties agree that the specifications, standards, and procedures set forth in the 2015 Greenbook: Standard Specifications for Public Works Construction (“Greenbook”) shall govern the completion of the Project, and to such extent the Greenbook is incorporated herein by this reference; provided, however, in the event any conflict exists between this Agreement and the Greenbook, this Agreement shall supersede unless otherwise required by law.

3. Contractor Information
• Address: 2892 E. LA CRESTA AVENUE, ANAHEIM, CA 92806
• License Number: 630360

4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until expiration of the term of this Agreement as defined in Section 9, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period.
b. Contractor shall further procure and maintain at its own expense, until expiration of the term of this Agreement as defined in Section 9, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its

officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Unless Contractor has no employees and is exempt from worker’s compensation requirements, Contractor shall further procure and maintain at its expense, until expiration of the term of this Agreement as defined in Section 9, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Project to do the same.

Worker’s Compensation Insurance:
• Contractor has no employees and is exempt from workers’ compensation requirements.
• Contractor carries workers’ compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an “A” policyholder’s rating or better and a financial rating of at least Class VII, in accordance with the current Best’s Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or their officers, employees, servants,

volunteers, agents and independent contractors.

5. Insurance Documentation
a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Contractor shall ensure that the most current certification of insurance shall be delivered to and retained by the City at all times until expiration of the term of this Agreement as defined in Section 9. b. Not withstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the comprehensive general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and their officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by either party, or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with at least thirty (30) days prior written notice of said cancellation, non-renewal, or reduction, with the exception that only ten (10) days prior written notice shall be required in the event of cancellation for nonpayment of premium.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and their officers, employees, servants, volunteers, agents and independent contractors.

6. Security
a. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a payment bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “B,” in an amount equal to THREE MILLION ONE HUNDRED SEVENTY TWO THOUSAND Dollars and No Cents ($3,172,000), as security of the payment of all persons performing labor and furnishing materials in connection with this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States

Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating. b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “C,” or deposit an amount with the City equal to THREE MILLION ONE HUNDRED SEVENTY TWO THOUSAND Dollars and No Cents ($3,172,000), as security for the faithful performance of this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating.
c. The surety on any and all bonds and the form thereof shall be satisfactory to the City Attorney.
d. The payment bond shall remain in force and shall not be released until at least seven (7) months after the date of recordation of the Notice of Completion or Notice of Acceptance, whichever occurs first. The performance bond shall remain in force until at least (1) year after the date of final acceptance of the Project, unless the City determines, in its sole and absolute discretion, to release the Performance Bond earlier and notifies Contractor of the same in writing.

7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed THREE MILLION ONE HUNDRED SEVENTY TWO THOUSAND Dollars and No Cents ($3,172,000) for the services rendered by Contractor pursuant to this Agreement, including profit, labor and materials, in accordance with the Scope of Services. b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount specified in the invoice within 30 days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.
c. Pursuant to Public Contract Code section 9203, the City shall retain no less than five percent of the compensation to be paid to Contractor which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.

8. Extra Work and Change Orders
Extra work and change orders shall become a part of this Agreement once the extra work or change order is approved in writing and signed by the City and Contractor, prior to the commencement of any extra work or change in work covered by the change order. The City’s form change order shall be used for both extra work and a change in

work. The change order must describe the scope of the extra work or change in work, and the cost to be added or subtracted from this Agreement. The City shall not require Contractor to perform any extra work or a change in work without written authorization.

A change order shall not be enforceable against the City unless the change order complies with this provision.

9. Term
Contractor will perform the services set forth in the Scope of Services and in any approved change orders pursuant to section 1 of this Agreement, the term of which shall commence as of JUNE 21, 2022, and shall expire one (1) year following the City's acceptance of the Project pursuant to this Agreement, or upon release of the Performance Bond in accordance with Section 6.d. of this Agreement, whichever occurs first.

10. Independent Contractor
Contractor shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

11. Civil Code Section 1542 Waiver
a. Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” b. This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
_____
Initials

12. Acceptance of Work
Acceptance of the Project shall be by action of the City Council or its designee.

Neither the acceptance nor prior inspections or failure to inspect shall constitute a waiver by the City of any defects in the Project. From and after acceptance, the Project

shall be owned and operated by the City. As a condition to acceptance, Contractor shall certify to the City in writing that all of the Project performance has been performed in strict conformity with this Agreement and that all costs have been paid, satisfactory to the City, guaranteeing such performance.

13. Warranty
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and fit for the purpose and intended use for a duration that shall continue until expiration of the term of this Agreement as described in Section 9, or the longest period permitted by law, whichever is later. If any defects in materials or workmanship become evident prior to expiration of the warranty granted in this Section, the Contractor shall, at its own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with this Agreement. Contractor shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which the City by reason of such defects reasonably suspects may also be defective. In the event of a failure to commence with the compliance of above-mentioned conditions within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of Contractor who hereby agrees to pay the cost and charges therefor immediately on demand.
b. If, in the opinion of the City, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to the City or to prevent interruption of operations, the City shall attempt to give the Contractor notice.

If Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determined by the City, the City may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against Contractor, who agrees to make payment for said costs upon demand. Corrective action by the City will not relieve Contractor or Contractor's sureties or insurers of the guarantees and indemnities of this Agreement. c. This section does not in any way limit the City’s remedies available under the law, or the guarantee or warranty on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee or warranty period. Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantees or warranty certificates upon completion of the Project. No manufacturer's guarantee period shall in any way limit the liability of Contractor or Contractor's sureties and insurers under the indemnity or insurance provisions of this Agreement.

14. Indemnification
a. Contractor shall defend, indemnify and hold harmless the City, their officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) arising out of the performance of this Agreement, except for any such claim arising out of the sole or

active negligence or willful misconduct of the City, or their officers, agents, employees or volunteers.
b. If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers to the same extent as Contractor is required in the preceding paragraph.
c. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. d. Notwithstanding the foregoing provisions of this section, Contractor shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Contractor’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Contractor’s control, or for which Contractor is without fault.
e. This section shall survive termination or expiration of this Agreement.

15. Default
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party

shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

16. Licenses, Certifications and Permits
Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement.

17. Labor Laws, Prevailing Wages
a. All work or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America. b. Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race, denial of family and medical care leave, religious creed (including religious dress and grooming practices), color; national origin (including language use restrictions), ancestry, physical disability or mental disability (including HIV and Aids), medical condition (cancer and genetic characteristics), genetic information, military or veteran status, marital status, gender, gender identity, gender expression, sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), age or sexual orientation.

Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment. c. Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be

posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid.

Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Contractor and any and all or its subcontractors shall forfeit to the City twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code. In the event the total cost of the Project is thirty thousand dollars ($30,000.00) or more, Contractor shall further comply with provisions set forth in Labor Code Section 1777.5 pertaining to employment of properly registered apprentices, including without limitation the obligation to (i) pay employed apprentices the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of craft or trade to which he or she is registered; (ii) employ apprentices in at least the ratio as set forth in said section; (iii) submit contract award information to an applicable apprenticeship program; and (iv) contribute to California Apprenticeship Council.
d. Contractor and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) or in a manner containing the same information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certified copy of all payroll records available for inspection by DLSE, the City or any member of the public and otherwise provide certified copies of such records to any of the foregoing within ten (10) days of Contractor’s and subcontractor’s receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h). e. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors and subcontractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the

payment of prevailing wages. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In accordance with Section 3700 of the Labor Code, Contractor must secure payment of compensation to all Contractor’s employees. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

18. Notices
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
To Contractor: Corey R. Kirschner - CEO
Onyx Paving Company, Inc.
2890 E. La Cresta Avenue
Anaheim, CA 92806
Telephone: (714) 632-6699
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

19. General Conditions
a. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
b. Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. c. Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or

remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. d. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. e. Litigation Expenses and Attorneys Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
g. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Contractor. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. h. Conflicts of Interest. Contractor covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Contractor’s services under this Agreement. In the event the City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
i. Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination.

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_______________________________
Luke Rainey, City Manager
ATTEST:

_______________________________
Jerryl Soriano, CMC, City Clerk

APPROVED AS TO FORM:

_______________________________
Jennifer A. Mizrahi, City Attorney
_____________________________

_____________________________
By Its: _______________________

"N:\DHSO\0008-01 Public Works\Forms\5001 - Public Works Construction Agreement Prevailing Wage with Bonds (8.3.17).docx"

EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED PROPOSAL
DATED MAY 27, 2022

EXHIBIT “B”

PAYMENT BOND
We, , as Principal, and _____________________, as
Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”) and those for whose benefit this bond insures in the sum of THREE MILLION ONE HUNDRED SEVENTY TWO THOUSAND U.S. Dollars and No Cents ($3,172,000). CITY and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements for the property referenced in said agreement.

Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITY and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement. If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and CITY regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should CITY become a party to any action on this bond, that each will also pay CITY'S reasonable attorneys' fees incurred therein in addition to the above sums.

Executed this _____________ day of __________________, 20___.

Seal of Corporation By______________________________
Authorized Representative of Principal
Title_____________________________
(ATTACH ACKNOWLEDGEMENT) By______________________________ Authorized Representative of Principal
Title_____________________________
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( ) _____________________________ Surety Company
_________________________ _____________________________ Name Street Number
_________________________ _____________________________ Street Number City and State
_________________________ _____________________________ City and State Telephone Number
_________________________ _____________________________ Telephone Number
By_____________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
( ) _____________________________
Company Agent
______________________________
Street Number
APPROVED AS TO FORM: ______________________________
City and State
________________________ ______________________________ City Attorney
Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

EXHIBIT “C”

PERFORMANCE BOND
We, , as
Principal, and , as
Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”) for payment of the penal sum of THREE MILLION ONE HUNDRED SEVENTY TWO THOUSAND U.S. Dollars and No Cents ($3,172,000). CITY and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements for the property referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITY and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the CITY, CITY’S engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and CITY regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the CITY is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay CITY'S reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

Executed this day of , 20___.

Seal of Corporation
By____________________________________
Authorized Representative of Principal
Title__________________________________
By____________________________________
Authorized Representative of Principal
Title__________________________________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( )____________________________________ Surety Company
_________________________ ____________________________________ Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________ ____________________________________ Telephone Number
By____________________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
()____________________________________
Company Agent
____________________________________
Street Number
APPROVED AS TO FORM: ____________________________________ City and State
________________________ ____________________________________ City Attorney Telephone
Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

SR-22-170
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Professional Service Agreement to CLM Consulting for Project Management Services for Capital Improvement Projects
RECOMMENDATION:

Authorize the City Manager to execute a Professional Service Agreement between CLM Consulting and the City of Desert Hot Springs for Project Management Services for the project management of the design and construction of Capital Improvement Projects, in the amount not to exceed $96,000.00 per fiscal year for a term of three years.

BACKGROUND:

The City currently has 32 Capital Improvement Projects planned for fiscal year 2022-2023. These projects include street improvement projects, park projects, storm drain projects, city facility projects, and public safety facility projects. The high priority public safety facility projects are the following:

1. New Police Department Dispatch Center Tenant Improvements

2. New Police Department Annex Building

3. New Fire Station 98

4. New Public Safety Campus Site Improvements

5. Police Department Tenant Improvements

6. Fire Station 37 Tenant Improvements
On April 26, 2021, the City entered into an agreement with CLM Consulting to provide Project Management Services of Municipal Capital Improvements Projects with a focus on public safety facility projects. CLM Consulting Staff has firsthand experience in managing the daily operations of city government and public safety departments, and experience in project management of city projects. The expert knowledge of public safety operational needs and demands plays a major role in managing the design and construction of public safety facilities.

DISCUSSION:

City Staff has been working with CLM Consulting on the project management for various Capital Improvement Projects such as the design and construction of the Police Department Dispatch Center, the design of the New Police Department Annex Building, the design of the New Fire Station 98, the design of the Public Safety Campus Site Improvements, the design of Police Department Tenant Improvements, and the design of Fire Station 37 Tenant Improvements. CLM Consulting services have met and exceeded all the City’s expectations and needs.

SR-22-170
The public safety facility projects require a specific set of expertise and knowledge in the daily operational needs of that specific public safety department. CLM Consulting provides that specific expert knowledge and has previous experience in working with the City with a positive proven track record. Staff has determined that based on CLM Consulting’s qualifications, they have met the qualifications for a Professional Service Agreement and does not require a Request for Proposal (RFP) as defined in the Desert Hot Springs Municipal Code 3.44.180A. "The selection of professional services is to be based on demonstrated competence and professional qualifications necessary for satisfactory performance of services required, as so determined by the Department Head".

As projects are moving forward into construction and new projects are being developed, the need for project management services has increased. City Staff reviewed the CLM Consulting agreement and scope of work and now desires to enter into a new agreement to increase the services to be able to continue to move projects forward through completion of construction.

CLM Consulting proposed scope of services includes the following for all assigned projects:

1. Pre-construction Process and Design Services
a.Design Oversight
b.Utility Coordination
c.Budget Development
d.Project Schedule Development

2. Construction Bid Process
a.Coordinating Pre-bid Conferences and Meetings
b.Proposal Evaluation

3. Construction Project Management
a.Change Orders
b.Project Schedule
c.Project Budget
d.Documentation and Records
e.Payment Review/Approvals

4. Post Construction Close-out
a.Punch List
b.Operational Manuals and Warranties
c.As-built Plans
CLM Consulting coordinates all aspects of the projects with City Staff, architects, contractors, subcontractors, utility companies, and all County and State departments as needed. CLM Consulting has met all the City needs and continues to move projects towards completion. In order to continue to move the public safety facility projects through construction completion and other capital improvement projects forward, Staff is recommending City Council authorize the City Manager to execute a Professional Service Agreement between CLM Consulting and the City of Desert Hot Springs for Project Management Services for the design and construction of Capital Improvement Projects, in the amount not to exceed $96,000.00 per fiscal year for term of three years.

FISCAL IMPACT:

This Professional Service Agreement will be funded through project specific funding sources such as the Public Safety Fund, Public Facilities Improvement Bond, and General Fund depending on the funding source of the projects involved.

The costs of consulting services has been included in the overall project budget.

SR-22-170
ATTACHMENTS:

Exhibit 1 - Professional Services Agreement - CLM - DRAFT Exhibit 2a- CLM Cosulting Proposal
Exhibit 2b- CLM Cosulting Scope of Services

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND

CLM CONSULTING
This Professional Services Agreement (“Agreement”) is made and entered into this 21 day of June, 2020, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and CLM Consulting, hereinafter referred to as “Consultant.” RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with Project Management Services of Capital Improvement Projects as directed by the City on an as needed basis (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of

Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect for a three-year term until June 21, 2025 or until terminated, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, subject to Section 2 of this Agreement, in a total amount not to exceed NINETY SIX THOUSAND DOLLARS AND ZERO CENTS ($96,000.00) per fiscal year. The amount of this Agreement shall not exceed NINETY SIX THOUSAND DOLLARS AND ZERO CENTS ($96,000.00) per fiscal year.

Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:

Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]

Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.

Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the 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 agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or

Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS

OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.

(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
(10) Consultant will perform services that are outside the usual course of the City’s business.

Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.

Consultant further represents and warrants that it understands this waiver and that if it

does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof.

(2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND

LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:

(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Consultant shall provide insurance on an occurrence, not claims-made basis. Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
(3) Automobile Liability Coverage. Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Consultant shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Consultant were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.

(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or sub-consultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Consultant may either reduce or eliminate such deductibles or selfPage 514 of 782 insured retentions with respect to City, its officers, employees, agents, and volunteers.

The City Manager may condition approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. d. Certificates of Insurance. , Consultant shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof.

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.
h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no

case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.

Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City:

Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant:

Charles L. Maynard
CLM Consulting
30125 N. 129th Lane
Peoria, AZ 85383
Telephone: (415) 720-2660
Email: [email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.

b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services that are not finished by Consultant.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 27. VENUE

All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including

HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 33. PRINCIPAL REPRESENTATIVES
a. _____ shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. Charles Maynard, shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.

Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and

the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.

Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto.

b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

Section 45. FINGERPRINTING
Consultant hereby acknowledges that the people working with the City must pass a background check and that s/he is required to be livescanned (fingerprinted) by the City of Desert Hot Springs Police Department, at Consultant’s expense, prior to execution of this Agreement. In the event Consultant does not do so prior to execution, Consultant agrees to do so immediately following execution hereof.

Section 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_____________________________
Luke Rainey, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
_____________________________

CONSULTANT
_____________________________
Name, Title
N:\DHSO\0001-01 General\Doc\6051

EXHIBIT “A”

SCOPE OF SERVICES
See Proposal and Scope of Services Attached dated June 21, 2022.

CLM Consulting
Charles L Maynard, MPA
30125 N 129th Lane,
Peoria, Arizona 85383
415-720-2660
[email protected]
June 21, 2022
Mr. Luke Rainey
City Manager
City of Desert Hot Springs
11999 Palm Drive,
Desert Hot Springs,
California, 92240
RE: City of Desert Hot Springs – Public Safety Campus and off site third Fire Station.

This scope of services includes, but is not limited to, the new Police Annex, Fire Station 37 renovations and all the associated site improvements. Station 98 and all associated site improvements as well as the remodel of the Carl May Community Center conversion to additional space to expand the Senior Center function as well as any other related projects assigned by the City.

Dear Mr. Rainey:

CLM Consulting is pleased to provide a proposal for services for the above-mentioned project. This proposal is based upon our recent discussions. Our understanding of the scope of work is as follows:

The City of Desert Hot Springs (DHS) needs to expand its current public safety facilities.

As of the 2020 census, the City is home to approximately 30,000 residents and continues to grow. New businesses and residents are relocating to the area as home prices remain reasonable and opportunities are abundant in DHS and the surrounding Coachella Valley. Currently, there are two fire stations, one of which is routinely, year after year, in the top five busiest, (if not the busiest) fire stations in Riverside County.

As part of this plan, the City will modernize and renovate Fire Station #37, to enhance its service delivery capabilities and reduce response times. The City also intends to add a third fire station (#98) on the east side of the City, reducing the workload on the other two fire stations and reducing response times.

As with the Fire Department, the Police Department is housed in a facility which was constructed in 1987. It is no longer adequate in size or in function. The current Police Station was intended to accommodate fewer than 14 police officers and 7 civilian

employees. Today, the Police Department employs over 33 police officers, and approximately 50 civilian and volunteer employees. Currently, the Police Department is in the process of completing construction of a modern Communications Center. When fully operational, it with require 10 fulltime and 4 part time dispatchers and a Communications/Records Manager. The Police Department, in an effort to keep up with the needs of the community, is in the process of building a 6371 square foot, Police Annex which will house the Detective Bureau, and a contemporary Training Center which will serve not only the needs DHS, but Public Safety regionally.

The City also has plans to remodel the existing Police Station, by removing the old locker and briefing rooms and adding much needed office space and expanding the Crime Lab.

This fee proposal provides dedicated Construction Administration including services outlined in the Scope of Services listed below:

A. Preconstruction Phase and Design Services
Contribute to the design development process in the following ways:
• Schedule and manage pre-construction meetings including taking minutes to be reviewed by all Project team participants.
• Provide clear expectations in writing to the stakeholders, specifically related to the clients’ goals and vision for the Project. Ensure theses Expectation, goals and Vision become a Standing Item listed on the scheduled construction meeting agendas.
• Propose changes that cut costs while maintaining or enhancing design intent and quality, value, and functional performance of improvements (Known as Valueengineering) The Project Manager assist in the development and implementation of value engineering ideas.
• We provide Budget and Schedule Development updates throughout the design process ensuring that Project team is informed of the status of all Project constraints.
• We develop trade specific bid packages for review by Public Works Director and team members prior to bid phase and cost estimates.
• We work with Team members to produce a cost estimate of the project ahead of Bid Phase.
• Develop a draft construction schedule.
• Facilitate and lead all construction meetings in conjunction with the contractor (which will occur on at least a weekly basis), produce and circulate minutes and follow-up on tasks assigned to Project team members during the meeting.

B. Bid Phase
• Schedule, host and attend pre-bid conferences and job walks

• Management of pre-bid information requests and preparation of pre-bid addenda, as necessary.
• Procedures for comparing and evaluating proposals and post-bid due diligence.

C. Construction Administration Phase
CLM Consulting will provide Administrative Consulting services on behalf of and alongside of city project representatives. The services which are expected to be provided by the CLM Consulting include but are not necessarily limited to:
• Facilitate and lead all construction meetings (which will occur on at least a weekly basis), produce, and circulate minutes and follow-up on tasks assigned to Project Team members during the meeting.
• Establish procedures to identify any changes in Project status or scope that may have a direct impact on time or cost.
• Advise City project representatives on prioritization of critical issues that need resolution.
• Administer, coordinate, and enforce the performance of the contractor. • Administer and manage all construction activities undertaken by the contractor necessary to ensure completion and closeout of the Project. • Monitor and document schedule and cost information provided by the contractor. • Proactively report schedule and cost impacts and provide recommended solutions to ensure completion on-time and within budget and project inspectors (i.e., RFIs, submittals, non- compliance notices, etc.) • Evaluate, verify, and process contractor payment applications and/or change order requests.
• Provide weekly project reports with progress photo documentation.

D. Post Construction Phase
• Ensure completion of all punch-list work in a timely manner. • Coordinate all contractor close out requirements, including warranties, systems training, keys, manuals, as-built drawings, and verified reports. • Establish procedures to obtain and monitor warranty work. • Facilitate and assist the City with finalization of all costs and any contractor change orders.
• Supervise the preparation of and provide as-built drawings, including architectural, finish schedule and all Mechanical Electrical Pluming (MEP) systems.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect until terminated, in accordance with this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The fee will be invoiced monthly, based on the percentage of work completed. All invoices are payable upon presentation and fully due within 30 days of invoice date. CLM Consulting proposes an Hourly Fee as follows:

Project Manager $125/hour
Reimbursable Expenses (travel) At Cost
Reimbursable expenses include mileage driven in association with CLM Consulting’s services in California. CLM Consulting shall be reimbursed for mileage at the most current Federal Rate. CLM Consulting shall also be reimbursed for reasonable expenses associated with services, but only if the expenses are approved in advance in writing by the City Manager.

Thank you for the opportunity to propose on these projects and we look forward to working once again with the City of Desert Hot Springs. Should you have any questions, or wish to discuss this Proposal, please feel free to contact me.

Sincerely,
Charles L. Maynard, MPA
Principle Consultant
CLM Consulting

CLM Consulting
Charles L Maynard, MPA
30125 N 129th Lane,
Peoria, Arizona 85383
415-720-2660
[email protected]
Scope of Services
As designated by the City, CLM Consulting provides Capital Improvement Plan Special Project Oversight and represents the City as the Project Manager acting as the liaison between the City (owner) and the design team, contractor, etc.

This scope of services includes, but is not limited to, the new Police Annex, Fire Station 37 renovations and all the associated site improvements. Station 98 and all associated site improvements as well as the remodel of the Carl May Community Center conversion to additional space to expand the Senior Center function.

A. Preconstruction Phase and Design Services
Contribute to the design development process in the following ways:
• Schedule and manage pre-construction meetings including taking minutes to be reviewed by all Project team participants.
• Provide clear expectations in writing to the stakeholders, specifically related to the clients’ goals and vision for the Project. Ensure theses Expectation, goals and Vision become a Standing Item listed on the scheduled construction meeting agendas.
• Propose changes that cut costs while maintaining or enhancing design intent and quality, value, and functional performance of improvements (Known as Valueengineering) The Project Manager assist in the development and implementation of value engineering ideas.
• We provide Budget and Schedule Development updates throughout the design process ensuring that Project team is informed of the status of all Project constraints.
• We develop trade specific bid packages for review by Public Works Director and team members prior to bid phase and cost estimates.
• We work with Team members to produce a Construction Cost Estimate of the project ahead of the Bid Phase.
• Develop a draft construction schedule.
• Facilitate and lead all construction meetings in conjunction with the contractor (which will occur on at least a weekly basis), produce and circulate minutes and follow-up on tasks assigned to Project team members during the meeting.

B. Bid Phase
• Schedule, host, and attend pre-bid conferences and walks. • Management of pre-bid information requests and preparation of pre-bid addenda, as necessary.
• Procedures for comparing and evaluating proposals and post-bid due diligence.

C. Construction Project Management Phase
CLM Consulting will provide Project Management Services on behalf of Client as project representatives. The services which are expected to be provided by the contractor include but are not necessarily limited to:
• Establish procedures to identify any changes in Project status or scope that may have a direct impact on time or cost.
• Advise Project Mangers on prioritization of critical issues that need resolution.
• Administer, coordinate and enforce the performance of subcontractors. • Administer and manage all construction activities undertaken by subcontractors necessary to ensure completion and closeout of the project.
• Monitor and document schedule and cost information for each subcontractor.
• Proactively report schedule and cost impacts and provide recommended solutions to ensure completion on-time and within budget. • Document and facilitate workflow between design and building activities, subcontractors, team members and project inspectors (i.e., RFIs, submittals, non-compliance notices, etc.)
• Evaluate, verify, and process subcontractor payment applications and/or change order requests.
• Provide weekly project reports with progress photo documentation.

D. Post Construction Phase.
• Ensure completion of all punch-list work in a timely manner. • Coordinate all contractor close out requirements, including warranties, systems training, keys, manuals, as-built drawings, and verified reports. • Establish procedures to obtain and monitor warranty work. • Facilitate and assist all contracted team members finalization of all costs and any contractor change orders.
• Provide as-built drawings including architectural, finish schedule and all Mechanical Electrical Pluming (MEP) systems.

SR-22-162
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Notice and Call of General Municipal Election to be Held on Tuesday, November 8, 2022
RECOMMENDATION:
1) Adopt a Resolution of the City Council giving notice of the election of officers, authorizing the City Clerk to perform all items necessary to lawfully conduct the election, and requesting services from the County of Riverside to assist in conducting and canvassing the election; and 2) Adopt a Resolution of the City Council establishing general regulations for the filing of an optional candidate's statement for inclusion in the voter's pamphlet; and setting the deposit fee at $600.

DISCUSSION:

Under the provisions of Desert Hot Springs Municipal Code (DHSMC) § 2.04.060, a General Municipal Election (“Election”) shall be held on Tuesday, November 8, 2022 (the first Tuesday after the first Monday of November in each even-numbered year) for the election of the following Municipal Officers:

Two routine and customary resolutions have been prepared for adoption by the City Council. The adopted resolutions must be submitted to the Registrar of Voters (“ROV”), County of Riverside, no later than July 1, 2022:
1) Notice and Call of Election
The first resolution (Exhibit 1) gives notice of the election, requests consolidation and the services of the “ROV” to conduct the Election, and provides for the payment of such services. 2) Candidate Statement and Deposit (Optional)
The second resolution (Exhibit 2) sets forth rules and regulations pertaining to the cost, preparation, and submission of candidate statements for inclusion in the voters pamphlet mailed to each registered voter, as required by California Elections Code § 13307.

SR-22-162
Candidate statements (maximum 200 words) are optional. Should a candidate choose to have a statement included in the voters pamphlet, the deposit required at the time nomination papers are filed is $600. The deposit amount was determined by the “ROV” as an approximation of the actual cost. Following the Election, candidates may be billed, or refunded the unused portion of the deposit based on the actual cost.

Pursuant to California Elections Code § 13308, candidate statements shall be limited to a recitation of the candidate’s own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities.

By-District Elections
The City has transitioned to a by-district election system. In a by-district election system, a candidate for City Council must reside in the district which he or she wishes to represent, and only registered voters residing in the Council District may vote for candidates running for City Council in that District.

On April 5, 2022, the City Council adopted Ordinance 754 approving Map 1.1 as the final district map and establishing a by-district election process commencing with the November 8, 2022 General Municipal Election. Members of the City Council shall be elected by districts 1, 2, 3, and 4, with one (1) mayor elected at-large.

Members of the City Council from Council Districts 1 and 3 shall be elected on a by-district basis beginning with the November 8, 2022, General Municipal Election and every four years thereafter.

Members of the City Council from Council Districts 2 and 4 shall be elected on a by-district basis beginning with the General Municipal Election in November 2024 and every four years thereafter.

One (1) mayor shall be elected at-large in November 2024 and every four years thereafter.

The City Clerk's Office has implemented an interactive map to assist voters in looking up their voting district.

Nomination Period
Every election starts with a “Nomination Period.” This is the period of time that begins 113 days before the day of the election and ends 88 days before the day of the election. This is the only period of time during which potential candidates can obtain “nomination papers,” which are the official forms needed in order to run for office.

The nomination period begins on Monday, July 18, 2022 and ends on Thursday, August 11, 2022.

If an incumbent does not file nomination papers, the nominating period is extended pursuant to California Elections Code § 10225. As such, candidates other than the person who was the incumbent may file nomination papers for that incumbent's elective office until August 17, 2022. If an incumbent files nomination papers, the nomination period for that office does not get extended.

SR-22-162
Candidate Filing Fee
Pursuant to DHSMC § 2.04.090, there is an established filing fee of $25.00 due at the time nomination papers are filed, to defray, in part, the cost to the City of processing nomination papers.

FISCAL IMPACT:

The “ROV” has advised that the estimated cost for the Election is $20,000. As such, $20,000 has been appropriated in the FY 2022-23 Budget in Account No. 100-4320-41-11-0000 (City Council / Contract Services).

ATTACHMENTS:

Exhibit 1 - Resolution Calling the Election
Exhibit 2 - Resolution Candidate Statement Regulations
Exhibit 3 - Election Calendar
Exhibit 4 - Basic Steps in Running for Office

RESOLUTION NO. 2022-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE

HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF

CERTAIN OFFICERS OF THE CITY AND REQUESTING SERVICES

FROM THE RIVERSIDE COUNTY REGISTRAR OF VOTERS AND

PROVIDING FOR CANVASS OF THE ELECTION BY THE CITY CLERK NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:

Section 1. GENERAL MUNICIPAL ELECTION
That pursuant to the requirements of the Desert Hot Springs City Charter, Desert Hot Springs Municipal Code, and the laws of the State of California relating to elections, there is called and ordered to be held in the City of Desert Hot Springs, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two (2) members of the City Council from Districts 1 and 3, respectively, for the full term of four (4) years. The seats are currently held by incumbent City Council members Gary Gardner and Jan Pye.

Section 2. BALLOT DESIGNATIONS
That the City Clerk shall follow the California Secretary of State's Ballot Designations Guidelines.

Section 3. BALLOTS
That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used there at.

Section 4. PROCUREMENT
Except for those services routinely conducted by the City Clerk as the local elections official, delegation is hereby made to the Riverside County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to conduct said election in accordance with all applicable laws and procedures.

Section 5. REIMBURSEMENT
That the City of Desert Hot Springs shall reimburse Riverside County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

Section 6. CANVASS
The Riverside County Registrar of Voters is hereby authorized, instructed, and directed to canvass the returns of the General Municipal Election and give such further or additional notice of said election, in time, form, and manner as required by law.

Section 7. ELECTION RESULTS
That pursuant to Sections 10262, 10263, 15301, and 15302 of the Elections Code, the City Clerk of the City of Desert Hot Springs shall certify the results to the City Council no later than the third Friday following the certification of the election by the Registrar of Voters.

Section 8. REPEAL OF CONFLICTING RESOLUTIONS
That all the provisions of any existing resolution as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 9. PASSAGE AND ADOPTION
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City of Desert Hot Springs; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of the City of Desert Hot Springs, in the minutes of the meeting at which the same is passed and adopted.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 21st day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________________ ________________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney

RESOLUTION NO. 2022-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, CALIFORNIA, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE

STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022.

WHEREAS, Section 13307 of the California Elections Code provides that the governing body of a local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including the costs thereof.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the recitals set forth hereinabove are true and correct.

Section 2. CANDIDATE STATEMENTS
A. That pursuant to Section 13307 of the California Elections Code, each candidate for elective office to be voted on at the City of Desert Hot Springs General Municipal Election, to be held on November 8, 2022, may prepare a candidate statement on an appropriate form provided by the City Clerk.

B. That the statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself.

C. That the statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.

D. That, pursuant to Section 13307(b) of the California Elections Code, bold font is prohibited.

E. That the statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

F. That in addition to the restrictions set forth in California Elections Code Section 13307, any candidate's statement submitted, pursuant to Section 13308 shall be limited to a recitation of the candidate's own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities.

G. That the City Clerk is not permitted to edit any material contained in candidate statements. Candidates are responsible for proofreading spelling, punctuation and grammar. Since the statement cannot be changed after it is submitted, it is important for candidates to carefully prepare and proofread their statements. Pursuant to California Elections Code Section 13308, the City Clerk shall not cause to be printed or circulated any statement which the City Clerk determines does not comply with the provisions of the Elections Code.

H. That the City Clerk, in his or her sole discretion, after first attempting to consult with the candidate, may strike or modify the portion or portions of the candidate statement that is not in compliance and thereafter cause to be printed and circulated the candidate's statement as redacted or modified.

Section 3. FOREIGN LANGUAGE POLICY
A. Pursuant to the federal Voting Rights Act of 1965 (as amended), candidate statements will be translated into all languages required by the County of Riverside. The County is required to translate candidate’s statements into Spanish.

B. The Riverside County Registrar of Voters will print and mail sample ballots and candidate statements to all voters in English and Spanish. The Registrar of Voters will make sample ballots and candidate’s statements in the required languages available at all vote centers, on the County’s website and in the election official’s office.

Section 4. ADDITIONAL MATERIALS
That no candidate will be permitted to include additional materials in the sample ballot package.

Section 5. PAYMENT
A. That the candidate shall be required to pay for the cost of printing the candidate's statements in English and Spanish.

B. That it is hereby estimated that the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to California Elections Code Section 13307 will be $600. The City Clerk shall require each candidate filing a statement to pay in advance a deposit in the amount of $600 as a condition of having his or her statement included in the voter's pamphlet.

C. That the above estimate is only an approximation of the actual costs that vary from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.

D. That the City Clerk shall bill each candidate for that candidate's proportion of the actual cost in excess of the deposit and shall refund any unused portion of any deposit.

Section 6. COPY OF RESOLUTION
That the City Clerk is directed to provide each candidate or the candidate's representative a copy of this Resolution at the time nomination papers are issued.

Section 7. REPEAL OF CONFLICTING RESOLUTIONS
That all the provisions of any existing resolution as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 8. PASSAGE AND ADOPTION
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City of Desert Hot Springs; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of City of Desert Hot Springs, in the minutes of the meeting at which the same is passed and adopted.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 21st day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________________ _____________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
______________________________________
Jennifer Mizrahi, City Attorney

GENERAL MUNICIPAL ELECTION
NOVEMBER 8, 2022
(E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.)
The materials contained in this calendar represent the research and opinions of the staff at the Riverside County Registrar of Voters. The contents of this calendar and any legal interpretations contained herein are not to be relied upon as being correct either factually or as a legal opinion. Reliance on the content without prior submission to and approval of your appropriate public counsel is at the reader’s risk.

Please call (951) 486-7200 if you have any questions or comments or visit our website at www.voteinfo.net.

Thank you.

DATE PERSON

RESPONSIBLE DESCRIPTION
July 1
(130) City Council
ADOPT RESOLUTION CALLING ELECTION (E.C. §§ 330, 10002,
10403.5, 13307)
By this suggested date adopt resolutions regarding the following:

Ordering election including incumbents and offices to be filled.

Requesting Registrar of Voters to conduct the election.

Regulations whether candidates or the city will pay for candidate statements.

July 4 –
July 18
(127 – 113)
City Clerk
PUBLISH NOTICE OF ELECTION (E.C. § 12101; G.C. §§ 6060, 6061) Publish Notice of Election one time between these dates. The notice will include the date and time of the election, nomination deadline, the offices to be filled, and hours the polls will be open. The Notice is to be published in a newspaper of general circulation published in the City. Federal law requires publication to be made in English and Spanish.

July 4 Registrar of
Voters
INDEPENDENCE DAY (CO. ORD. 358.8)
The Registrar of Voters office will be closed.

July 6
(125) City Council
BOUNDARY CHANGES (E.C. § 12262)
Last-day boundary changes may be made for this election.

July 11
(120)
City Council /
City Clerk

THE LAST DAY TO ADOPT REGULATIONS REGARDING CANDIDATE
STATEMENTS (E.C. § 13307)
Last day for a local agency to adopt or amend regulations regarding charges for printing a candidate’s statement.

July 15
(116)
Registrar of
Voters

PRECINCT SECTION TO COMPLETE BOUNDARY CHANGES
No later than this date, the precinct section must complete boundary changes.

July 18 –
August 12
(113 – 88)
Candidates /
City Clerk
NOMINATION PERIOD (E.C. §§ 10220, 10224, 13107, 13307, 13309, 13311; G.C. §§ 36503, 87201 et seq.)
Between these dates, candidates may obtain and file nomination papers with the City Clerk during normal business hours as posted. The Ballot Designation Worksheet must be filed at the same time as the Declaration of Candidacy. Candidate statements must be filed at the same time nomination petitions are filed. Statements are confidential until the deadline for filing has passed. Statement of Economic Interest must be filed by the final filing date.

GENERAL MUNICIPAL ELECTION
NOVEMBER 8, 2022
(E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.)

DATE PERSON

RESPONSIBLE DESCRIPTION
July 18 –
August 12
(113 – 88)
Candidates /
City Clerk
CODE OF FAIR CAMPAIGN PRACTICES (E.C. § 20400 et seq.)
At the time a candidate is issued nomination papers each candidate will be issued a Code of Fair Campaign Practices. Filing it is voluntary and it may be filed any time before the election. It is available for public inspection until 30 days after the election.

July 18 –
August 12
(113 – 88)
Candidates /
City Clerk
STATEMENT OF ECONOMIC INTEREST (G.C. §§ 87200 et seq.)
A Statement of Economic Interests must be filed for all candidates by the close of the nomination period.

August 12
(88)
Candidates /
City Clerk
LAST DAY TO FILE NOMINATION PAPERS AND/OR WITHDRAW (E.C. § 10220 et seq.; G.C. § 87207 et seq.)
Nomination papers and candidate statements must be filed no later than this date. Candidates may withdraw their nomination until the close of the nomination period.

PUBLIC EXAMINATION PERIOD (E.C. § 13313)
There will be a 10-day examination period for Candidate Statements filed from August 13 through August 22.

August 12
(88) City Clerk
ORDINANCE/MEASURE (E.C. §§ 9222, 9223, 13247)
Last day for a copy of the ordinance or measure to be submitted to the Registrar of Voters if a measure is to be included on the ballot. A copy shall be made available to any voter. The statement of all measures submitted to the voters shall be abbreviated on the ballot. The statement shall contain not more than 75 words for each measure to be voted on.

August 12
(88) City Clerk
PUBLISH NOTICE OF ELECTION (E.C. §12111; G.C. §§ 6060, 6061) The City Clerk shall publish a notice of election as soon as possible pursuant to section 12111 of the California Elections Code. A synopsis of the measure(s) shall be included in the publication. Government Code § 6061 requires the notice to be published once. The last day to submit arguments to the City Clerk should also be included in the notice. The City Clerk shall consolidate the notice of election and the notice of measure to be voted on into one notice if the measure was placed on the ballot before the notice of election is published.

August 15
(85)
Candidates /
City Clerk
LAST DAY TO WITHDRAW CANDIDATE STATEMENTS (E.C. § 13307) The last day to withdraw candidate statements unless there is an extension of the nomination period. Withdrawal of candidate statements must be in writing to the City Clerk.

GENERAL MUNICIPAL ELECTION
NOVEMBER 8, 2022
(E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.)

DATE PERSON

RESPONSIBLE DESCRIPTION
August 17
(83)
Candidates /
City Clerk
EXTENSION OF NOMINATION PERIOD (E.C. § 10225)
If nomination papers for an incumbent officer of the city are not filed by the 88th day before the election, during normal business hours, as posted, the voters shall have until the 83rd day before the election during normal business hours, as posted, to nominate candidates other than the person who was the incumbent on the 88th day, for that incumbent's elective office. This is not applicable where there is no incumbent eligible to be elected. If this section is applicable, a candidate may withdraw his or her declaration of candidacy until the 83rd day before the election.

PUBLIC EXAMINATION PERIOD (E.C. § 13313)
There will be a 10-day examination period for Candidate Statements filed from August 18 through August 27.

August 17
(83) City Council
LAST DAY TO WITHDRAW MEASURE (E.C. § 9605)
Whenever a legislative body has ordered that a measure be submitted to the voters of any jurisdiction at an election, the order of election shall not be amended or withdrawn after this date.

August 17
(83)
City Clerk /
City Council
INSUFFICIENT NOMINEES-POSSIBLE PROCEDURES (E.C. § 10229) If on this date no one or only one person has been nominated, the officer conducting the election shall inform the governing body that it may, at a regular meeting or special meeting held before the election, adopt one of the following:

1. Appoint the person who was nominated.

2. If no one has been nominated, appoint any eligible elector.

3. Hold the election.

The provisions of this section shall not apply if, at the regularly scheduled municipal election, more than one person has been nominated to another city office to be elected on a citywide basis or, a city measure has qualified and is to be submitted to the voters at that municipal election.

PUBLISH NOTICE OF FACTS (G.C. § 6061)
The City Clerk shall publish a notice of the facts described in this section and the courses of action available. After the fifth day following the date of publication, the City Council may make the appointment or direct an election to be held.

August 18
(82)
Candidates /
City Clerks
WITHDRAW CANDIDATE STATEMENT (EXTENSION) (E.C. §§ 10516, 13307)
In the event there is an extension of the nomination period, candidates may have until this date to withdraw their candidate statement. Withdrawal must be in writing to the City Clerk.

August 18
(82)
Secretary of
State
RANDOMIZED ALPHABET (E.C. § 13112)
On this date, the Secretary of State shall conduct a drawing of the alphabet for determining the order of candidates’ names on the ballot.

GENERAL MUNICIPAL ELECTION
NOVEMBER 8, 2022
(E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.)

DATE PERSON

RESPONSIBLE DESCRIPTION
August 19
(81) City Clerk

SUBMIT NAMES OF CANDIDATES TO THE REGISTRAR OF VOTERS
(E.C. § 10403)
The last day to submit to the Registrar of Voters names and ballot designations of candidates as they are to appear on the ballot. The Certified List should be submitted in alphabetical order by the office.

August 22
(78) City Clerk
PUBLISH NOMINEES (E.C. § 12110)
Suggested date to publish candidate’s names in the random order that they will appear on the ballot, and the respective offices for which they have been nominated.

August 22
(78)
City Attorney /
City Clerk
IMPARTIAL ANALYSIS OF MEASURE (E.C. § 9280)
The governing body may direct the City Clerk to transmit a copy of the measure to the City Attorney. This is the suggested date for the City Attorney to prepare and submit an analysis of measure showing the effect it will have on the existing law, etc. if so directed by the governing body.

The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. The analysis shall be printed in the Voter Information Guide section of the Sample Ballot preceding the arguments. The impartial analysis shall not exceed 500 words. In the event the entire text of the measure is not printed on the ballot or in the Voter Information Guide section portion of the County Voter Information Guide, there shall be immediately below the impartial analysis a statement notifying voters that they may obtain a copy of the ordinance or measure by calling the City Clerk’s office and requesting one.

PUBLIC EXAM PERIOD (E.C. § 9295)
There will be a 10-day exam period from August 23 through September

1. August 22
(78)
Proponents /
Opponents /
City Clerk
LAST DAY TO FILE ARGUMENTS (E.C. §§ 9282, 9283, 9286)
The last date to file arguments with the City Clerk regarding any measure to be on the ballot. Arguments shall not exceed 300 words and shall be accompanied by a Statement of Authors form. No more than five authors may sign the statement. City Clerk to forward a file copy of the arguments to the Registrar of Voters.

PUBLIC EXAMINATION PERIOD (E.C. § 9295)
There will be a 10-day examination period from August 23 through September 1.

GENERAL MUNICIPAL ELECTION
NOVEMBER 8, 2022
(E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.)

DATE PERSON

RESPONSIBLE DESCRIPTION
August 25
(75) City Council
INSUFFICIENT NOMINEES – ACTION BY GOVERNING BODY (E.C. § 10229)
If by the 75th day before the municipal election, no person has been appointed to office pursuant to E.C. § 10229, the election will be held.

Notwithstanding Chapter 1 (commencing with Section 8600) of Division 8 or any other provision of the law to the contrary, if the governing body of the city makes an appointment pursuant to E.C. § 10229, the City Clerk shall not accept for filing any statement of write-in candidacy, which is submitted after the appointment.

September 1
(68)
Proponents /
Opponents /
City Clerk
LAST DAY TO FILE REBUTTALS TO ARGUMENTS (E.C. § 9285)
Last date for authors of primary arguments to file rebuttals to arguments with the City Clerk. Rebuttals are limited to 250 words.

NOTE: Rebuttals only apply when the legislative body has adopted provisions pursuant to E.C. § 9285
PUBLIC EXAM PERIOD (E.C. § 9295)
There will be a 10-day exam period from September 2 through September 11.

September 5 Registrar of
Voters
LABOR DAY (CO. ORD. 358.8)
The Registrar of Voters office will be closed.

September 12
(57)
Candidates /
City Clerk

FIRST DAY NOMINATION PAPERS FOR WRITE-IN CANDIDACY WILL BE AVAILABLE (E.C. § 8600 et seq.)
Any qualifying person wishing to file as a write-in candidate may pick up nomination papers beginning on this date. Papers must be filed with the City Clerk no later than 14 days before Election Day. Write-in candidates must also file Statement of Economic Interest and campaign disclosure statements.

September 13
(56)
Registrar of
Voters

ORDER PRINTING OF ELECTION MATERIAL
Suggested date to prepare copy for printer and order ballots.

September 25 –
September 29
(44 – 40)
Candidates /
Committees /
City Clerk

FILING PERIOD FOR FIRST PRE-ELECTION CAMPAIGN
DISCLOSURE STATEMENT (G.C. §§ 84200.5, 84200.8)
The filing period for 1st pre-election campaign statement covers transactions through September 24. Statements must be filed online or sent by personal delivery or first-class mail.

GENERAL MUNICIPAL ELECTION
NOVEMBER 8, 2022
(E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.)

DATE PERSON

RESPONSIBLE DESCRIPTION
September 26
(43)
Registrar of
Voters
SATELLITE LOCATION PRESS RELEASE (E.C. § 3018)
Notice of satellite locations shall be made by the elections official by the issuance of a general news release, issued not later than 14 days before voting at the satellite location, except that in a county with a declared emergency or disaster, notice shall be made not later than 48 hours before voting at the satellite location. The news release shall set forth the following information:

The satellite location or locations.

The dates and hours the satellite location or locations will be open.

A telephone number that voters may use to obtain information regarding vote-by-mail ballots and the satellite locations.

September 29 –
October 29
(40 – 10)
Registrar of
Voters

MAIL COUNTY VOTER INFORMATION GUIDE AND OTHER ELECTION
MATERIALS TO VOTERS (E.C. §§ 9223, 9280 et seq., 13303, 13307; G.C. § 57148)
Between these dates, the Registrar of Voters shall mail a County Voter Information Guide to each voter, who is registered at least 29 days before the election.

October 10
(29)
Registrar of
Voters
COLUMBUS DAY (CO. ORD. 358.8)
The Registrar of Voters office will be closed.

October 10
(29)
Registrar of
Voters
MAILED BALLOT PRECINCTS (E.C. §§ 3005, 3010, 3017, 3018, 3020) Approximate date to mail notices to voters in mailed ballot precincts and send official ballot and election material. Mail ballot precincts have less than 250 voters. Ballots must be postmarked on or before Election Day and received by the elections official within seven days after Election Day to be counted.

October 10
(29)
Registrar of
Voters
PRECINCTS, POLLING PLACE & ELECTION OFFICERS (E.C. §§ 12280 et seq., 12300 et seq.)
The last day for the Registrar of Voters to establish polling places and appoint election officers for this election. Immediately following the appointment, the Registrar shall mail appointment notices to election officers.

October 10 –
October 29
(29 – 10)
Registrar of
Voters
PUBLISH POLLING PLACE & CENTRAL COUNTING PLACE (E.C. §§ 12105, 12109)
Suggested date to publish polling place. The notice will include the hours that the polls will be open and a Notice of Central Counting Place.

October 10 –
November 1
(29 – 7)
Registrar of
Voters
VOTE-BY-MAIL BALLOT APPLICATIONS (E.C. §§ 3001, 3006, 3021, 3200)
Applications for Vote-by-Mail ballots may be made in person or by mail during this time frame.

GENERAL MUNICIPAL ELECTION
NOVEMBER 8, 2022
(E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.)

DATE PERSON

RESPONSIBLE DESCRIPTION
October 18
(21)
Registrar of
Voters
PROCESS BALLOTS (E.C. § 15101 et. seq.)
When ballots are to be counted by computer, the Registrar of Voters may begin processing ballots 15 business days before the election. No count may be made until 8:00 p.m. on Election Day.

October 23 –
October 27
(16 – 12)
Candidates /
Committees /
City Clerk

FILING PERIOD FOR SECOND PRE-ELECTION CAMPAIGN
DISCLOSURE STATEMENT (G.C. §§ 84200.5, 84200.8)
The filing period for 2nd pre-election campaign statement covers transactions through October 22. Statements must be filed online or sent by personal delivery or guaranteed overnight service.

October 24
(15)
Registrar of
Voters
COLLECTION CENTERS PUBLIC NOTICE (E.C. § 15260)
In establishing a collection center, the elections official may designate a group of precincts which the center shall serve, and this designation shall be available for public inspection no later than 15 days before the election.

October 24
(15)
Registrar of
Voters
CLOSE OF REGISTRATION (E.C. §§ 2102, 2106)
The last day to register or transfer registration for this election.

October 25
(14)
Candidates /
City Clerk
FILE DECLARATION OF WRITE-IN CANDIDACY (E.C. §§ 8600 et seq., 15340 et seq.)
The last day for write-in candidates to submit their write-in nomination papers including petitions to the City Clerk.

October 25 –
November 1
(14 – 7)
Registrar of
Voters
POST-ELECTION OFFICERS & POLLING PLACE (E.C. § 12105.5) Not less than one week before the election, the elections official shall post a list of all current polling places and a list of election officers appointed by the 15th day before the election. The elections official shall post this list in his or her office and on his or her Web site. The list shall remain posted for 30 days after completion of the canvass.

October 31
(8)
Registrar of
Voters

LIST OF VOTERS AND POLLING PLACE INFORMATION
The approximate date that the Registrar of Voters will provide a list of voters to the City Clerk with polling place information.

November 1
(7)
Registrar of
Voters
LOGIC AND ACCURACY TESTING (E.C. § 15000)
No later than seven days before any election, the elections official shall conduct a test or series of tests to ensure that every device used to tabulate ballots accurately records each vote.

November 4
(4)
Registrar of
Voters
MANUAL TALLY PUBLIC NOTICE (E.C. § 15360)
The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts to be tallied before conducting the tally and selection.

GENERAL MUNICIPAL ELECTION
NOVEMBER 8, 2022
(E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.)

DATE PERSON

RESPONSIBLE DESCRIPTION
November 8
ELECTION DAY (E.C. §§ 3020, 4103)
Voted ballots must be received by the elections official no later than 8:00 p.m. on Election Day or be postmarked on or before Election Day and received no later than seven days after Election Day to be counted.

November 10
(+2)
Registrar of
Voters
CANVASS ELECTION RETURNS (E.C. §§ 10260 et seq., 15301 et seq.) Registrar of Voters shall commence the official canvass on this day.

November 10 –
December 8
(+2 – 30)
Registrar of
Voters
ONE PERCENT MANUAL TALLY (E.C. § 15360)
During the Official Canvass, the Elections Official shall conduct a public manual tally in 1 percent of the precincts chosen at random by the elections official.

November 11 Registrar of
Voters
VETERANS DAY (CO. ORD. 358.8)
The Registrar of Voters office will be closed.

November 24 –
November 25
Registrar of
Voters
THANKSGIVING DAY / DAY AFTER THANKSGIVING (CO. ORD. 358.8) The Registrar of Voters Office will be closed.

December 6
(+28)
Registrar of
Voters
POST ELECTION OFFICERS & POLLING PLACE (E.C. § 12105.5) Not later than 28 days after the election, the elections official shall post an updated list of polling places and election officers that served on Election Day. The elections official shall post this list in his or her office and on his or her Web site. The list shall remain posted for 30 days after completion of the canvass.

December 8
(+30)
Registrar of
Voters
STATEMENT OF RESULTS (E.C. §15372)
No later than this date, the Registrar of Voters will certify the election results.

December 8
(+30)
City Clerk /
City Council /
Candidates
DECLARE CANDIDATES ELECTED (E.C. §§ 10262, 10263)
The governing body shall meet at its usual place of meeting no later than the next regularly scheduled city council meeting following the presentation of the canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers.

December 8
(+30)
Registrar of
Voters

COST OF ELECTION
Approximate date to send an invoice to jurisdiction for the cost of the election.

January 1 –
January 31
Candidates /
Committees /
City Clerk

FILING PERIOD FOR SEMI-ANNUAL CAMPAIGN DISCLOSURE
STATEMENT (G.C. § 84200)
The statement covers transactions through December 31. Statements must be filed online or sent by personal delivery or first-class mail.

Note: Whenever a date prescribed by law falls on a weekend or holiday, such act may be performed on the next business day (E.C. § 15; G.C. §§ 6700, 6701)

1 City of Desert Hot Springs

OFFICE OF THE CITY CLERK

BASIC STEPS IN RUNNING FOR OFFICE
The City of Desert Hot Springs is a Charter city. The conduct of elections for the City of Desert Hot Springs is established by the California Elections Code and may be supplemented by City rules and regulations.

The Office of the City Clerk does not render any legal advice. Therefore, this guide is NOT intended to be a substitute for legal counsel. As such, candidates are encouraged to consult legal assistance as needed.

In order to be eligible to hold office as a member of the City Council, a candidate must be a registered voter and reside in the district which he or she wishes to represent at the time nomination papers are issued.

In order to qualify as a registered voter in Desert Hot Springs, you must be a United States citizen; a resident of Desert Hot Springs; at least 18 years of age on the date of the next election; and not in prison or on parole for a felony conviction.

During a specific period known as the “Nomination Period,” you obtain your official papers from the City Clerk; you have a minimum of 20, maximum of 30 registered voters from your district sign your papers; you complete the papers; and you turn them into the City Clerk.

Before starting your campaign, you’ll need to become familiar with a number of other requirements. This is not an all inclusive list, so please be sure to check with the City Clerk on other requirements.

Fair Political Practices Commission (FPPC) Rules and Requirements You and your campaign treasurer will need to become conversant with the rules of the Political Reform Act, which is the State law that regulates contributions and expenditures for elective offices in California. The Fair Political Practices Commission (the FPPC) has regulatory responsibility and authority for the Act. The day-to-day implementation of the Act for City offices is the responsibility of the City Clerk.

If you plan on receiving or spending funds for your campaign, here are some things you’ll need to do:
 Learn the rules for campaigns and familiarize yourself with the laws and regulations:
 Getting Started – Candidate Toolkit
 FPPC Campaign Rules and the California Political Reform Act  FPPC Campaign Forms
 FPPC Campaign Disclosure Manual 2 – Local Candidates
Read and provide a copy to your Treasurer
FPPC Manuals and Forms can also be obtained from the Office of the City Clerk  Before you collect or spend any funds in connection with your campaign, you must file a FPPC Form 501 (Candidate Intention Statement) with the City Clerk.

2  Open a bank account for your committee.
 Within 10 days of receiving $2,000 in contributions, file a FPPC Form 410 (Statement of Organization).
 File an original (wet ink signature) Form 410 with the California Secretary of State ($50 filing fee payable to the California Secretary of State) and a copy to the City Clerk
 Become familiar with campaign report filing requirements and deadlines.  Attend an FPPC webinar or seminar (information available on the FPPC website or call the FPPC at 1-866-ASK-FPPC (1-866-275-3772).

HOW TO RUN FOR OFFICE
Nomination Papers
Every election starts with a “Nomination Period.” This is the period of time that begins 113 days before the day of the election and ends 88 days before the day of the election. This is the only period of time during which you can obtain “nomination papers,” which are the official forms you need to submit in order to run for office. Contact the City Clerk for an appointment. There is a $25 filing fee pursuant to the Desert Hot Springs Municipal Code.

It is strongly advised that you file your nomination papers as early as possible in order to correct any possible errors and/or insufficiencies in the forms.

Obtain Signatures
Obtain valid signatures of registered voters from your District on your nomination papers. A maximum of 30 signatures can be obtained. A minimum of 20 valid signatures is required to qualify for the ballot.

Ballot Designation
This is the word or group of not more than three words which will appear on the ballot under your name. It designates your principal profession, vocation or occupation, subject to certain requirements of the California Elections Code.

Optional Candidate’s Statement
Start thinking about what you want your candidate’s statement to say. Under the California Elections Code, your statement is limited to 200 words and shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. Check with the City Clerk regarding costs and deposits related to printing, translating and publishing your candidate’s statement.

SR-22-168
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: An Ordinance and Urgency Ordinance Relating to Candidate Residency RECOMMENDATION:
1) Consider adopting (by 4/5 vote of the City Council) and read by title only: "An URGENCY Ordinance of the City Council of the City of Desert Hot Springs, California, adding Section 2.04.100 "Candidate Residency" to Article II "Elections" of the Desert Hot Springs Municipal Code;" AND 2) Consider introducing for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, adding Section 2.04.100 "Candidate Residency" to Article II "Elections" of the Desert Hot Springs Municipal Code."
BACKGROUND:

Procedure:

This item has two similar ordinances:1) an Urgency Ordinance, and 2) a Non-Urgency Ordinance. This Urgency Ordinance needs a 4/5 vote of the Council, needs to be supported by findings (which are including in the Urgency Ordinance) and it takes effect immediately.

That said, the Non-Urgency Ordinance is an identical ordinance without the “urgency findings.” The Non-Urgency Ordinance is like any other ordinance which requires a majority vote and takes effect 30 days after its second reading. This two-pronged approach is common practice as a belts and suspenders approach.

DISCUSSION:

Currently, there is no durational residence requirement before a candidate files nomination papers. The proposed urgency and non-urgency ordinances for the City Council's consideration would add Section

2.04.100 "Candidate Residency" to the Desert Hot Springs Municipal Code to read as follows:

2.04.100 Candidate Residency
a. City Councilmember(s) must reside in the jurisdictional boundaries of their respective district for no fewer than thirty (30) days prior to filing nomination papers, and for the duration of their term. b. Mayoral candidate(s) must reside in the jurisdictional boundaries of the City no fewer than thirty (30) days prior to filing nomination papers, and for the duration of their term.

SR-22-168
c. Proof of residency in document form must be shown to the City Clerk upon filing nomination papers.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Urgency Ordinance for Candidate Residency
Exhibit 2 - Ordinance for Candidate Residency

URGENCY ORDINANCE NO. ______

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, ADDING SECTION 2.04.100 “CANDIDATE RESIDENCY” TO ARTICLE II “ELECTIONS” OF THE

DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs (“City”) is a municipal corporation and a charter city; and
WHEREAS, Desert Hot Springs Municipal Code (“DHSMC”) Article II of Chapter

2.04 regulates elections in the City; and
WHEREAS, on April 5, 2022, the City Council adopted an Ordinance to establish a By-District Election Process pursuant to California Elections Code Section 10010, and added new sections to Chapter 2.04 of the DHSMC to provide for City Council election districts; and
WHEREAS, in a by-district election system, a candidate for City Council must reside in the district which he or she wishes to represent, and only registered voters residing in the Council District may vote for candidates running for City Council in that District; and
WHEREAS, every election starts with a “Nomination Period,” which begins 113 days before the day of the election and ends 88 days before the day of the election; and WHEREAS, the nomination period begins on Monday, July 18, 2022, and ends on August 11, 2022; and
WHEREAS, the City Council will be dark for their last meeting in July and both meetings in August of 2022; and
WHEREAS, the City Council deems that this Ordinance clarifies the residency requirements of candidates for the municipal election; and WHEREAS, the City Council deems that adopting this Ordinance as an urgency ordinance is imperative since the residency requirements must be in place prior to the close of the nomination period; and
WHEREAS, the nomination period ends prior to the September 2022 City Council meeting; and
WHEREAS, the City deems it appropriate to impose a durational residence requirement that is not longer than 30 days before a candidate files nomination papers; and
WHEREAS, a 30-day prefiling residence requirement is reasonably necessary and convenient to accommodate the needs of election officials in their task of timely verification of the candidate's true residence prior to the preparation and distribution of ballots; and

WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, the City Council finds that this ordinance objectively promotes the public health, safety, and welfare.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Section 2. ADDITION OF SECTION 2.04.100 “CANDIDATE
RESIDENCY “TO ARTICLE II OF CHAPTER 2.04 OF THE

DESERT HOT SPRINGS MUNICIPAL CODE
Section 2.04.100 of the Desert Hot Springs Municipal Code shall be added to read as follows:

2.04.100 Candidate Residency
a. City Councilmember(s) must reside in the jurisdictional boundaries of their respective district for no fewer than thirty (30) days prior to filing nomination papers, and for the duration of their term.
b. Mayoral candidate(s) must reside in the jurisdictional boundaries of the City no fewer than thirty (30) days prior to filing nomination papers, and for the duration of their term.
c. Proof of residency in document form must be shown to the City Clerk upon filing nomination papers.

Section 3. URGENCY FINDINGS
Pursuant to Section 36937 of the California Government Code, this Ordinance shall take effect immediately because its passage is required for the immediate preservation of the public peace, health and safety. The facts constituting this urgency are that:

1. On April 5, 2022, the City Council passed an ordinance to transition from an at-large voting system, to a by-district voting system; and

2. Every election starts with a “Nomination Period,” which begins 113 days before the day of the election and ends 88 days before the day of the election; and

3. The nomination period begins on Monday, July 18, 2022, and ends on August 11, 2022; and

4. The City Council will be dark for their last meeting in July and both meetings in August of 2022; and

5. The City Council deems that this Ordinance clarifies the residency requirements of candidates for the municipal election; and

6. The City Council deems that adopting this Ordinance as an urgency ordinance is imperative since the residency requirements must be in place prior to the close of the nomination period; and

7. The nomination period ends prior the September 2022 City Council meeting; and

8. Therefore, time constraints support the urgency.

Section 4. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 6. AMENDING OF BAIL SCHEDULE

That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 7. EFFECTIVE DATE
That this ordinance shall take effect immediately upon adoption by no less than a 4/5 vote of the City Council.

Section 8. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney

ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, ADDING SECTION 2.04.100
“CANDIDATE RESIDENCY” TO ARTICLE II “ELECTIONS” OF THE

DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs (“City”) is a municipal corporation and a charter city; and
WHEREAS, Desert Hot Springs Municipal Code (“DHSMC”) Article II of Chapter

2.04 regulates elections in the City; and
WHEREAS, on April 5, 2022, the City Council adopted an Ordinance to establish a By-District Election Process pursuant to California Elections Code Section 10010, and added new sections to Chapter 2.04 of the DHSMC to provide for City Council election districts; and
WHEREAS, in a by-district election system, a candidate for City Council must reside in the district which he or she wishes to represent, and only registered voters residing in the Council District may vote for candidates running for City Council in that District; and
WHEREAS, every election starts with a “Nomination Period,” which begins 113 days before the day of the election and ends 88 days before the day of the election; and WHEREAS, the nomination period begins on Monday, July 18, 2022, and ends on August 11, 2022; and
WHEREAS, the City Council will be dark for their last meeting in July and both meetings in August of 2022; and
WHEREAS, the City Council deems that this Ordinance clarifies the residency requirements of candidates for the municipal election; and WHEREAS, the City Council deems that adopting this Ordinance is important since the residency requirements must be in place prior to the close of the nomination period; and
WHEREAS, the nomination period ends prior to the September 2022 City Council meeting; and
WHEREAS, the City deems it appropriate to impose a durational residence requirement that is not longer than 30 days before a candidate files nomination papers; and
WHEREAS, a 30-day prefiling residence requirement is reasonably necessary and convenient to accommodate the needs of election officials in their task of timely verification of the candidate's true residence prior to the preparation and distribution of ballots; and

WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, the City Council finds that this ordinance objectively promotes the public health, safety, and welfare.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Section 2. ADDITION OF SECTION 2.04.100 “CANDIDATE
RESIDENCY “TO ARTICLE II OF CHAPTER 2.04 OF THE

DESERT HOT SPRINGS MUNICIPAL CODE
Section 2.04.100 of the Desert Hot Springs Municipal Code shall be added to read as follows:

2.04.100 Candidate Residency
a. City Councilmember(s) must reside in the jurisdictional boundaries of their respective district for no fewer than thirty (30) days prior to filing nomination papers, and for the duration of their term.
b. Mayoral candidate(s) must reside in the jurisdictional boundaries of the City no fewer than thirty (30) days prior to filing nomination papers, and for the duration of their term.
c. Proof of residency in document form must be shown to the City Clerk upon filing nomination papers.

Section 3. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 4. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 5. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 6. EFFECTIVE DATE
That this ordinance shall take effect 30 days after its second reading.

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Scott Matas, Mayor
ATTEST:
_________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_________________________________
Jennifer A. Mizrahi, City Attorney

SR-22-171
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Professional Service Agreement to Smith Dawson and Andrews, Inc. for Federal Advocacy Services
RECOMMENDATION:

Authorize the City Manager to execute a Professional Service Agreement between Smith, Dawson, and Andrews, Incorporated and the City of Desert Hot Springs, for Federal Advocacy Services in the amount not to exceed $72,000.00 annually for a three-year term.

BACKGROUND:

In recent years the City has experienced positive growth all around. The City has been innovative and the front runner in many policy decisions and actions. Some of those policies have been ahead of any State and Federal Legislature. Therefore, there has been a direct need to advocate on those specific policy items to the State and Federal representatives.

The City also has unique issues that are important to the City but may differ from the priorities of the region or State, therefore there has been a need to advocate on those specific issues to the State and Federal representatives.

In an effort to fully engage Federal representatives and bring light and resolution into these policies and important issues, Cities, Counties, and other groups consult with State and Federal advocacy firms.

In April 2018, the City entered into an agreement with Federal Advocates to provide the City with Federal Advocacy Services. The scope of work included representing the City and presenting City specific issues to the Legislative and Executive Branches of the United States Government. Some specific advocacy issues that have been presented has been Federal Cannabis reform policy, Sand to Snow National Monument, and the availability and allocation of Federal funding for infrastructure projects including the DHS Bridges project.

Ben Odendahl has been the City’s direct representative on all federal advocacy issues since the initial engagement in April 2018. In February 2020, Ben established his own firm, Odendahl Strategies. The City engaged Odendahl Strategies for Federal Advocacy Services shortly thereafter. Ben has now moved to Smith, Dawson, and Andrews Incorporated, which is a new firm in which he proposes to continue to provide the same services per the scope of services but with much more available resources.

SR-22-171
DISCUSSION:

Over the past year Staff has increased the workload and added additional tasks to the scope of services. Ben has met and exceeded all the City’s expectations in all items and tasks assigned. In order to maintain continuity and continue the progress forward, the City now desires to enter into a new contract with Smith, Dawson, and Andrews Incorporated.

The proposed scope of services for the Smith, Dawson, and Andrews Incorporated is a s follows;

1. Represent the Client before the Legislative and Executive Branches of the United States Government; and

2. Advise the Client on legislative activity potentially impacting operations; and

3. Develop and implement advocacy strategies to achieve the Client’s priorities, including but not limited to Federal cannabis reform policy, Sand to Snow National Monument, and federal funding for infrastructure projects; and

4. Assist with document preparation such as Congressional testimony, briefing papers, letters to government officials, etc.

With a proven good track record with the City, Staff is recommending City Council authorize the City Manager to execute a Professional Service Agreement between Smith, Dawson, and Andrews Incorporated, and the City of Desert Hot Springs for Federal Advocacy Services for the City of Desert Hot Springs, in the amount not to exceed $72,000.00 annually for a three-year term.

FISCAL IMPACT:

This Professional Service Agreement will be funded through Contract Services in the General Fund in account 100-4320-41-11-0000.

Sufficient funding for this agreement has been appropriated in the FY22-23 Budget adopted by City Council.

ATTACHMENTS:

Exhibit 1 - Professional Services Agreement - SDA - DRAFT

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND

SMITH DAWSON AND ANDREWS INCORPORATED
This Professional Services Agreement (“Agreement”) is made and entered into this 21 day of June, 2020, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and Smith, Dawson, Andrews, Incorporated., a Corporation, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with Federal Advocacy Services as directed by the City on an as needed basis (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.

Section 3. TERM

This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect for a three-year term until June 21, 2025 or until terminated, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00) per month, subject to Section 2 of this Agreement, in a total amount not to exceed SEVENTY TWO THOUSAND DOLLARS AND ZERO CENTS ($72,000.00) per year.

The amount of this Agreement shall not exceed SEVENTY TWO THOUSAND DOLLARS AND ZERO CENTS ($72,000.00) per year.

Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:

Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK

At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.

Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this

Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the 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 agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity

whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS

OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.

(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
(10) Consultant will perform services that are outside the usual course of the City’s business.

Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.

Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials

Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.

c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND

LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION

a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. RESERVED
Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City:

Luke Rainey
City of Desert Hot Springs
11999 Palm Drive

Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant:

Charles L. Maynard
CLM Consulting
30125 N. 129th Lane
Peoria, AZ 85383
Telephone: (415) 720-2660
Email: [email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services that are not finished by Consultant.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual

relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties

when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 33. PRINCIPAL REPRESENTATIVES
a. _____ shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience,

knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. Charles Maynard, shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.

Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.

Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 39. CUMULATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

Section 45. FINGERPRINTING
Consultant hereby acknowledges that the people working with the City must pass a background check and that s/he is required to be livescanned (fingerprinted) by the

City of Desert Hot Springs Police Department, at Consultant’s expense, prior to execution of this Agreement. In the event Consultant does not do so prior to execution, Consultant agrees to do so immediately following execution hereof.

Section 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_____________________________
Charles L. Maynard, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
_____________________________

CONSULTANT
_____________________________
Name, Title
N:\DHSO\0001-01 General\Doc\6051
EXHIBIT “A”

SCOPE OF SERVICES
Smith Dawson & Andrews (SDA) will provide federal advocacy services to the Client, specifically authorized by the Client, including:
• Represent the Client before the Legislative and Executive Branches of the United States Government; and
• Advise the Client on legislative activity potentially impacting operations; and
• Develop and implement advocacy strategies to achieve the Client’s priorities, including but not limited to Federal cannabis reform policy,

Sand to Snow National Monument, and federal funding for infrastructure projects, and;
• Assist with document preparation such as Congressional testimony, briefing papers, letters to government officials, etc.

SR-22-169
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: Human Resources
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Human Resources Department Temporary Staff Services Contracts RECOMMENDATION:

Authorize the City Manager to execute professional services agreements with AtWork Personnel Services, Robert Half International, Proper Solutions Staffing, and LF Staffing Services for temporary staffing services on an as-needed and as-directed basis; with approval as to form by the City Attorney.

DISCUSSION:

From time to time, the City needs to have temporary staff to fill in due to vacant positions, employees on leave, and seasonal extra work load. Temporary staffing services enables the City to contract shortterm staff in a timely manner without going through the hiring process. The staffing terms usually last a few months while the City fills a vacant position or a permanent employee is on extended leave.

Staff is recommending that the City Council award on-call service contracts to multiple firms. This provides a larger pool of temporary staff and enables the City to capitalize on the specialized services of each firm.
• AtWork Personnel Services and Proper Solutions Staffing provides administrative and clerical staff services.
• Robert Half International specializes in accounting and financial services. • LF Staffing Services provides manual labor staffing services.

FISCAL IMPACT:

Costs for temporary staffing services are covered by budget savings from vacant positions.

The City has spent the following amounts on temporary staffing services over the last three fiscal years:
•FY19-20: $72,311
•FY20-21: $38,073
•FY21-22: $32,178
ATTACHMENTS:

Exhibit 1 - Robert Half Agreement
Exhibit 2 - AtWork Personnel Services Agreement

SR-22-169
Exhibit 3 - Proper Solutions Staffing Agreement
Exhibit 4 - Labor Finders Agreement

PROFESSIONAL SERVICES AGREEMENT BY

AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
ROBERT HALF INTERNATIONAL INC., doing
business through its divisions OFFICE TEAM
and ACCOUNTEMPS
This Professional Services Agreement ("Agreement") is made and entered into this_ _ _ day of _ _ _ _ 2022, by and between the City of Desert Hot Springs, municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the "City," and Robert Half International Inc., doing business through its divisions Office Team and Accountemps. , a provider of temporary staffing services, hereinafter referred to as "Consultant."
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to perform temporary staffing services; and WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATI ON, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those Services as set forth in the Scope of Services, which shall be signed by the parties and attached hereto as Exhibit "A" and incorporated herein by this reference, at the time, place, and in the manner specified therein, in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.

Professional Services Agreement Page 1

Sectjon 3. COMPLETION DATE
Consultant shall complete the services described in the Scope of Services during the term of this Agreement, which shall be effective as of the date in the opening paragraph of this Agreement and continue until terminated as per Section 7 of this agreement.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the consulting services and duties set forth in this Agreement, in accordance with the Cost Proposal contained in the Scope of Services. In the event City wishes to convert any of Contractor's Individuals assigned by Consultant to provide Services ("Assigned Individuals"), Client agrees to pay a conversion fee in accordance with the schedule set forth in the Scope of Services.

Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. Assigned Individuals will submit a time sheet for City's verification at the end of each week. The City shall pay Consultant no later than thirty (30) days after receipt of the invoice by City provided all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. b. The Consultant shall submit invoices under this Agreement to:

Geoffrey Buchheim, Administrative Services Dir
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411, ext. 227
Facsimile: (760) 288-3129
Email:
[email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written Professional Services Agreement Page 2

authorization from the City. Hourly fees for services are subject to change if City requests that Consultant perform Extra Work.

Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in Adobe Acrobat (PDF) format to the City upon written request.

Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. b. Consultant shall not use the City's insignia or photographs relating to Consultant's Services, or any publicity pertaining to the Consultant's Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City. c. The City agrees to hold in confidence the identity of any of Consultant's Assigned Individuals and the Assigned Individual's resume, social security number and other legally protected personal information, and City agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure.

Professional Services Agreement Page 3

Section 10. CONSULTANT'S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the 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 agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.

Section 11. INDEPENDENT CONTRACTOR'S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

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Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS

REGARDING INDEPENDENT CONTRACTOR'S STATUS

OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(4) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (5) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of City, will perform the services set forth in this Agreement. (3) The City will not hire or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.

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(7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property. However, City shall not permit or require Assigned Individual to perform Services remotely (e.g., on premises other than City's or City's customer's premises) unless agreed to in a separate writing between City and Consultant, or to use computers, software or network equipment owned or licensed by Assigned Individual. (10) City shall supervise Assigned Individual. Client will not permit or require Assigned Individual (a) to perform Services outside of the scope of his or her assignment, (b) to sign contracts or statements, (c) to make any management decisions, (d) to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or (e) to operate machinery (other than office machines) or automotive equipment. Further, since Consultant is not a professional accounting firm, City agrees that it will not permit or require Assigned Individual (f) to render an opinion on behalf of Consultant or City's behalf regarding financial statements, (g) to sign the name of the Consultant on any document, or (h) to sign their own names on financial statements or tax returns.

Section 13. NA
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents, to the best of its knowledge, that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
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(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk, to extend required by applicable law.

Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND

LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) i t has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
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(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that i t and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION
a. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

Notwithstanding anything to the contrary in this Agreement, Consultant shall not be liable for, or have any duty of indemnification or defense with respect to any acts or omissions of City.

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Section 18. INSURANCE REQUIREMENTS
a. Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B or as may be authorized in writing by City's Risk Manager or his/her designee at any time and in his/her sole discretion.
b. If at any time during the life of the Agreement or any extension, Consultant or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately.

Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve Consultant of its responsibilities under this Agreement c. The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable.

The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. If Consultant maintains higher limits of liability than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits of liability maintained by Consultant. d. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to provide insurance protection in favor of the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Consultant and the City prior to the commencement of any services by the subcontractor.

Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

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To the City: Geoffrey Buchheim
Administrative Services Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411, ext. 227
Facsimile: (760) 288-3129
Email:
[email protected]
To Consultant: Erin M. Sullivan, Branch Manager
Office Team/Accountemps
74760 US Highway 111, Suite 102
Indian Wells, CA 92210
Telephone: (760) 836-1877
With copy to:

Robert Half International Inc.
2613 Camino Ramon
San Ramon, CA 94583
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that i f the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen
(15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

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d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City's remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the work described in the Scope of Services that is not finished by Consultant.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 24. ASSIGNMENT AND SUBCONTRACTI NG
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant Professional Services Agreement Page 11

under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Sectjon 27. VENUE
All proceedings involving disputes over the terms, prov1s1ons, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 28. LITIGATION EXPENSES AND ATTORNEYS' F EES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a Professional Services Agreement Page 12

proceeding shall include an award thereof.

Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, to the best of its ability, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant ("person”) for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Sectjon 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Sectjon 33. PRINCIPAL REPRESENTATIVES
a. Erin M. Sullivan shall be Consultant's Principal Representative and the Professional Services Agreement Page 13

person responsible for undertaking and managing performance of all of the services set forth in the Scope of Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Scope of Services of this Agreement, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. The Administrative Services Director, G e o f f r e y B u c h h e i m , shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY'S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.

Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant and if City notifies Consultant within the first eight (8) hours of Services provided by the Assigned Individual.

Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

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Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Sectjon 42. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVIAL
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All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

Section 45. FINGERPRINTING
Consultant hereby acknowledges that its' Assigned Individual is required to be Livescanned (fingerprinted) by the City through the City of Desert Hot Springs Police Department. The City will perform the Fingerprinting in conformity with applicable law.

Section 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

Section 47. ADDITIONAL TERMS
(i) If City requires Consultant to perform background checks or other placement screenings of Consultant's Assigned Individuals, City agrees to notify Consultant prior to the start of services under this Agreement. Consultant will conduct such checks or screenings only if they are described in a signed, written amendment to this Agreement.

If City requests a copy of the results of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes. (ii) Consultant may increase its rates to reflect increases in its cost of employing its workers due to governmental or regulatory changes (e.g., costs associated with higher minimum wages for workers or increases in taxes, benefits or other costs that may result from any applicable government authority or action). Consultant will provide written notice to City of the increase in its rates. Any increase in rates will be prospective, starting as of the effective date Consultant specifies. (iii) This Agreement is only applicable to, and the only Robert Half International Inc. branch and divisions obligated under this Agreement are, the Accountemps and OfficeTeam divisions of the branch office located at 74760 US Highway 111, Suite 102, Indian Wells, CA 92210.

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_ _ .. ....... ... - ..... ··· ·····-··---··-·......... ... ..........., ·- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS ROBERT HALF INTERNATIONAL
____________________________ _____________________
Luke Rainey, City Manager
ATTEST:
______________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney

EXHIBIT "A"

SCOPE OF SERVICES
I. Job Title:

II. Job Duties:

Ill. Assigned Individuals:

IV. Compensation:

Hourly fees for services will be negotiated on a case-by-case basis.

In the event City wishes to convert any of Consultant's Assigned Individuals, City agrees to pay a conversion fee in accordance with this Section. The conversion fee will equal 20% of the Assigned Individual's annual salary. The fee will be discounted based on the following:

After 1 month on assignment
with City (180 hours)- 10% reduction in initial fee
After 2 months on assignment
with City (360 hours) - 20% reduction in initial fee
After 3 months on assignment
with City (540 hours)- 30% reduction in initial fee
- After 4 months on assignment with City (720 hours)- No fee conversion The conversion fee is payable if City hires the
Assigned Individual, regardless of the job
classification, on either a full-time, temporary
(including temporary assignments through another
agency) or consulting basis within twelve months
after the last day of the assignment.

EXHIBIT "B"

INSURANCE REQUIREMENTS- PROFESSIONAL SERVICES

AGREEMENT
Insurance:

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and nonowned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than thefollowing:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBI LE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
{iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS' LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies).

Should this Contract involves any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and "microbial matter including mold" within the definition of "Pollution" under the policy.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self- insured retentions. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a
notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing operations and completed operations) and Automobile Liability policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor's insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or his/her designee in his/her sole discretion prior to City's execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of endorsements. This requirement shall survive expiration ortermination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of

the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

PROFESSIONAL SERVICES AGREEMENT BY

AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
G&M HIRE ENTERPRISES, LLC., dba AtWork
Personnel Services
This Professional Services Agreement ("Agreement") is made and entered into this_ _ _ day of _ _ _ _ 2022, by and between the City of Desert Hot Springs, municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the "City," and G&M Hire Enterprises, LLC dba AtWork Personnel Services, a provider of temporary staffing services, hereinafter referred to as "Consultant."
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to perform temporary staffing services; and WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATI ON, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those Services as set forth in the Scope of Services, which shall be signed by the parties and attached hereto as Exhibit "A" and incorporated herein by this reference, at the time, place, and in the manner specified therein, in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.

Professional Services Agreement Page 1