SR-23-021
Geology and Soils Hazards and Hazardous Materials
Hydrology and Water Quality Land Use and Planning
Mineral Resources Noise
Population and Housing Public Services
Recreation Transportation/Traffic
Tribal Cultural Resources Utilities and Service Systems DISCUSSION:
On July 2nd, 2019 the City of Desert Hot Springs entered into a Professional Services Agreement with Chambers Group, Inc to utilize their Consultant services, as an independent contractor, to provide OnCall Environmental Services on an as needed basis. This contract was set forth with a term of 3 years for a total compensation of $150,000.
The proposed Amendment to Professional Services Agreement would amend the previously approved contract, extend the term for 1 year until February 7th, 2024, and increase the total compensation to $200,000 Dollars. The increased amount is proposed due to the various projects that are projected to be reviewed by our on-call consultant. The City of Desert Hot Springs will be posting a Request for Qualifications (RFQ) to establish a new list of Environmental Consultants which will be posted in March 2023. The contract extension with Chambers Group Inc. will allow staff to continue to utilize the services of Chambers Group Inc. while the new RFQ submittals are reviewed by staff.
FISCAL IMPACT:
The cost of this service is covered by the fee paid by the applicant/developer.
The cost of professional services for the term of the agreement including the one year extension is as follows:
• FY19-20 to FY21-22: $150,000
• FY22-23 to FY23-24: 50,000
• Total $200,000
ATTACHMENTS:
Exhibit 1 - Amendment to Chambers PSA
Exhibit 2 - Exhibit A Fee Schedule
Exhibit 3 - Original 2019 Professional Services Agreement
PROFESSIONALSERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
CHAMBERS GROUP,INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF DESERT HOT SPRINGS AND CHAMBERS GROUP, INC (hereinafter the “Agreement”) is made and entered into this 7th day of February, 2023, 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 Chambers Group, Inc, a California corporation, hereinafter referred to as "Consultant," with the City and Consultant sometimes together referred to herein as the “Parties.”
RECITALS
WHEREAS, the Parties previously entered into that certain Professional Services Agreement by and Between the City of Desert Hot Springs and Chambers Group, Inc. dated July 2, 2019 (hereinafter, the “Agreement”), for Consultant to provide to the City with On-Call Environmental Services as directed by the City on an as needed basis; 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 foregoing recitals and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
AGREEMENT
Section 1. RECITALS
The Recitals set forth above are hereby incorporated into this Amendment by this reference, as though fully set forth herein.
Section 2. DEFINITIONS AND TERMS
All words, terms and phrases used or referenced in this Amendment, not expressly defined in this Amendment, shall have the same meaning ascribed to them in the Agreement.
3. SECTIONS 3 AND 4
Sections 3 and 4 of the Agreement shall be amended to read as follows:
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 February 7th, 2024.
SECTION 4. COMPENSATION
Commencing on the date of this Amendment, 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, an amount not to exceed a total compensation of Two Hundred Thousand Dollars (200,000) per annum, in accordance with the fee schedule attached hereto and incorporated herein by this reference as Exhibit "A."
Section 4. COUNTERPARTS
This Amendment may be executed in several counterparts, each of which shall be deemed to be an original and 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 the Parties hereto.
Section 5. CONFLICTS
In the event there exists any conflicts between the terms of this Amendment and the Agreement, the terms of this Amendment shall be superseding.
Section 6. REMAINING PROVISIONS
All other remaining terms and conditions of the Agreement shall remain unchanged.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first written above.
CITY OF DESERT HOT SPRINGS CHAMBERS GROUP, INC
_____________________________
________________________________
Luke Rainey, City Manager Mike McEntee, Chief Operating Officer
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer Mizrahi, City Attorney
EXHIBIT "A" FEE SCHEDULE
SEE ATTACHED
!""
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
$!
$
$$
:S_à _SK®Ã
_SK®
2XHÃ.HHXSÃ
:Ã2sSK®Ã.HHXSÃ
2qSK®Ã.HHXSÃ
.HHX_XÃ
·v¯·HvÃ6S¬·KS¬Ã:SK_Hv_¬°Ã
:S_Ã
·v®·HvÃ7S¬·KS¬Ã:SK_Hv_¬®Ã
2rSK®Ã
·v®·HvÃ7S¬·KS¬Ã:SK_Hv_¬®Ã
:®HVVÃ
·w®·HvÃ7S¬·KS¬Ã:SK_Hx_¬®Ã
·w®·HvÃ7S¬·KS¬Ã :SK_Hw_¬®Ã
¬¬`¬±H±ÃL·y²·HyÃ8S¬·KS¬Ã;SKaHk¬²Ã
.HHX_XÃ"»_Ã2vHSÃ
:S_Ã"»_ Ã 2wHSÃ
2sSK®Ã"»_
à 2{HSÃ
:®HVVÃ"»_
à 2vHSÃ
"»_
à 2zHSÃ
¬¬_¬®H®Ã"»_
Ã2vHSÃ
.HHX_XÃ
_wX_¬®Ã
®H_¬®Ã
:S_Ã
_wX_¬®Ã
®H_¬®Ã
2sSK®Ã
_vX_¬®Ã
®H_¬®Ã
:®HVWÃ
_vX_¬®Ã
®H_¬®Ã
_vX_¬®Ã
®H_¬®Ã
¬¬_¬®H®Ã
_{X_¬®Ã
®H_¬®Ã
:S_Ã&):ÃHw¿¬®Ã
:®HVVà &*:ÃHv¿¬®Ã
&*:Ã>SK[_K_HÃ
3tSK®Ã
®w¬Ã:SK_H{_¬®Ã
2rSK®Ã¬¬_¬®H®
>SK[
Ã"P_®Ã
FPÃ2KS¬¬Ã
{S_KHw>SK\_K_HÃ
$
$
_Ã5·Hv_®¿&(&0_¬SÃ:S_ÃHw¿¬®Ã
_Ã5·Hv_®¿&(&0_¬Sì¬K_H®SÃH{¿¬®Ã
"
#$!$
cTÃ +³TI|Ã ÃYTÃ
| Ã TÃ
ÃYTÃ
|Ã TÃ
ÃYTÃ
',<Ã/I³T bI|Ã IM³¹I}Ã
$cT|QÃDT^cMTÃATÁÃ
9IQÃGÃ T ÃQIÀÃ
/c~TIYTÃ Ãd|TÃ
'4<Ã 9TIÃ
iTÃ?JTÃ ÃQIÀÃ
!91/ Ã !Ã
/IE]¼T« IM³¸I|Ã
1¹µeQTÃ4 f³là IMµ¹IÃ
||Ã1³^T Ã1¹³=QTÃ<T¨hMTà IM³º|Ã
Ã<¹¦½TÀ/CÃ#¹gT³Ã
mà ¡ÃQIÀÃ
<¹¨TÀ-!9T³I³cÃ#¹cTµÃ ÃQIÀÃ
nÃ$h^Ã<¹ªÀÃ#BT´Ã T¢QIÀÃ
$M¹TQÃ4|I³Ã<¹¦½TÀÃ#¹cT³Ã ÃQIÀÃ
¹´¹IÃ<¹©TÀÃ#¹c³Ã ÃQIÀÃ
¹|³¹£I|Ã<cTÃ9TOQiYÃ T ÃRÀÃ
¹|³¹IÃ@T¶Z¾NI¼Ioà ÃQIÀÃ
¹³¹I}Ã/¥³eYÃ#¹cT³Ã ÃQIÀÃ
'IYTÃ ÃQIÀÃ
<IJI³Ã ÃQIÀÃ
#TM³ Up^TÃ ÃQIÀÃ
 |ø³cQTÃT¨jMTÃMI§ÃIÃ
¤u¹
%TQÃ9I³TÃ
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
CHAMBERS GROUP, INC.
This Professional Services Agreement ("Agreemenr) is made and entered into this 2 nd day of July, 2019, 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 Chambers Group, Inc, a California 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 On-Call Environmental Services as directed by the City on an as needed basis (sometimes hereinafter, the "Services"), as described in more particularity in Exhibit 11A," 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 as-directed 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 period of three (3) years thereafter, subject to allocation of funds pursuant to duly adopted City budget(s).
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, an amount not to exceed a total compensation of One Hundred and Fifty Thousand Dollars ($150,000.00) per annum, in accordance with the fee schedule attached hereto and incorporated herein by this reference as Exhibit "B." 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:
Section 6.
Rebecca Deming, Community Development Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760} 288-3129
Email: [email protected]
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. For purposes of this Section, the City Manager shall have the authority to take action on behalf of City.
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 C�.
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. Othe1Wise, 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 successorin-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 CONSUL TANT
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 orin 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 r-,ot 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.
property.
(9) Consultant is not required to perform the Services at City-owned 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 that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party."
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 ("Cal PERS") 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.
_J{l_
MM
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 1nsurance 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. As set forth in and without limiting the generality of Section 18.i., any applicable insurance policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant.
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 Cal PERS to be eligible for enrollment in Cal PERS 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.
e. The indemnity provisions contained in this Section shall survive expiration or sooner termination of this Agreement.
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 occurrence. 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 and property damage, not less than one million dollars ($1,000,000} per occurrence for personal and advertising injury, two million dollars ($2,000,000) aggregate for products and completed operations and four million ($4,000,000) general aggrgate. 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. If applicable, 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 subconsultants, 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 ($2,000,000) per claim, and two million dollars ($2,000,000} in the aggregate.
Jennifer Mizrahi (Jul 3, 2019)
Jennifer Mizrahi
C L Maynard (Jul 3, 2019)
C L Maynard
Jerryl Soriano (Jul 3, 2019)
Jerryl Soriano
Chambers Professional Services Agreement
Final Audit Report 2019-07-03
Created: 2019-07-03
By: CD Admin ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA78MYfAcBEwvBxgkijDqPmEcGV2Gp1WJ_ "Chambers Professional Services Agreement" History
Document created by CD Admin ([email protected])
2019-07-03 - 3:13:09 PM GMT- IP address: 47.176.23.114
Document emailed to Jennifer Mizrahi ([email protected]) for signature 2019-07-03 - 3:15:29 PM GMT
Email viewed by Jennifer Mizrahi ([email protected]) 2019-07-03 - 7:04:14 PM GMT- IP address: 70.34.169.68
Document e-signed by Jennifer Mizrahi ([email protected]) Signature Date: 2019-07-03 - 7:04:37 PM GMT - Time Source: server- IP address: 70.34.169.68 Document emailed to C L Maynard ([email protected]) for signature 2019-07-03 - 7:04:39 PM GMT
Email viewed by C L Maynard ([email protected])
2019-07-03 - 7:32:47 PM GMT- IP address: 174.212.22.129 Document e-signed by C L Maynard ([email protected]) Signature Date: 2019-07-03 - 7:34:18 PM GMT - Time Source: server- IP address: 174.212.22.129 Document emailed to Jerryl Soriano ([email protected]) for signature 2019-07-03 - 7:34:19 PM GMT
Email viewed by Jerryl Soriano ([email protected]) 2019-07-03 - 8:40:18 PM GMT- IP address: 76.80.105.166
Document e-signed by Jerryl Soriano ([email protected]) Signature Date: 2019-07-03 - 8:40:52 PM GMT - Time Source: server- IP address: 76.80.105.166 Signed document emailed to Jennifer Mizrahi ([email protected]), C L Maynard ([email protected]), Jerryl Soriano ([email protected]), and CD Admin ([email protected]) 2019-07-03 - 8:40:52 PM GMT
SR-23-024
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: January 17, 2023 City Council Special Meeting (Closed Session) Minutes: January 27, 2023 RECOMMENDATION:
Approve the Minutes as presented; or as corrected.
ATTACHMENTS:
Draft City Council Regular Meeting Minutes - January 17, 2023 Draft City Council Special Meeting (Closed Session) Minutes - January 27, 2023
City of Desert Hot Springs
DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, January 17, 2023
Council Chambers
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:00 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
PUBLIC COMMENTS
None.
Jerryl Soriano, City Clerk, announced the Closed Session Items.
CLOSED SESSION:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 11691 West Drive (APN: 664-190-027)
Agency Negotiator: Luke Rainey, City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: County of Riverside
Under Negotiation: Price and Terms
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Pursuant to Government Code Section 54957(b): City Manager
City Council
January 17, 2023
PRESENTATIONS - 5:15 P.M.
Desert Valley Disposal Organic Waste Update
Desert Valley Disposal
Chris Cunningham and Liz Hernandez, Desert Valley Disposal, presented State mandated organic waste recycling (SB 1383) program roll-out and responded to questions.
Certificate of Recognition Presented to Nancy Wright, Mission Springs Water District
The presentation was continued to the next meeting.
Installation of Officers
• Gary Gardner, Councilmember - District 1
• Jan Pye, Councilmember - District 3
Jerryl Soriano, City Clerk, administered the Oath of Allegiance and presented the Certificates of Election.
Selection of Mayor Pro Tem
The "Selection of Mayor Pro Tem" was considered following the Regular Session "Roll Call."
ACTION: Ratify Mayor Matas' appointment of Roger Nuñez as Mayor Pro Tem.
Moved by Council Member Betts
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Gary Gardner, Roger Nuñez, Jan Pye Mayor: Scott Matas
"Selection of Mayor Pro Tem" was considered at this time.
City Council
January 17, 2023
INVOCATION
A moment of silence was held in memory of Riverside County Sheriff Deputies, Isaiah Cordero and Darnell Calhoun, who were killed in the line of duty.
Bishop Kephyan Sheppard gave the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Matas led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
APPROVAL OF AGENDA
ACTION: Approve the January 17, 2023 Regular Meeting agenda and approve the Consent Calendar in its entirety.
Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
PUBLIC COMMENTS
1) Marion Champion gave Mission Springs Water District updates and announcements.
2) Eddie Johnson spoke regarding
3) Emory Lasco, Miracle Springs, spoke regarding Hot Springs Park. 4) Francisco Castro, Senior Center Manager, gave Senior Center updates and announcements.
5) Barbara Valadez spoke regarding code compliance issues. 6) Heidi Simmons expressed concerns regarding utility poles/equipment affecting her views from her property.
The City Council recessed at 6:21 P.M.
The City Council reconvened at 6:25 P.M.
City Council
January 17, 2023
7) Cheryl Smith expressed concerns regarding utility poles/equipment affecting her views from her property.
8) Tom Moen spoke regarding Hot Springs Park.
9) Patrick Cula spoke regarding Hot Springs Park.
10) Richard Velasquez expressed thanks to Councilmember Betts for assisting him with his car accident.
CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided an update regarding Public Works projects.
Roberta Crncic, Recreation and Community Services Director, provided Recreation Center updates and announcements.
MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Betts reported on the various meetings and events he attended.
Councilmember Gardner reported on the various meetings and events he attended.
Mayor Pro Tem Nuñez reported on the various meetings and events he attended.
Councilmember Pye reported on the various meetings and events she attended.
Mayor Matas reported on the various meetings and events he attended.
PUBLIC HEARINGS:
3. An URGENCY Interim Ordinance Adopting a Moratorium on the Issuance of Any License, Permit or Entitlement That Is a Use Other Than the Ones Listed in This Ordinance as Exhibit A for Any Business Located in the Downtown Area Near City Hall, Solely Within the Zoning District of C-D (Commercial Downtown), Specifically Bounded by 1st Street to the North, Buena Vista Avenue, to the South, Mesquite Avenue to the East and Cactus Drive to the West (“Downtown Area”)
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
City Council
January 17, 2023
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony of those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt (by 4/5 vote of the City Council) and read by title only: "An URGENCY Interim Ordinance of the City Council of the City of Desert Hot Springs adopting a moratorium on the issuance of any license, permit or entitlement that is a use other than the ones listed in this ordinance as Exhibit A for any business located in the Downtown area near City Hall, solely within the Zoning District of C-D (Commercial Downtown), specifically bounded by 1st Street to the North, Buena Vista Avenue to the South, Mesquite Avenue to the East, and Cactus Drive to the West ("Downtown Area")."
Staff Report - SR-22-253 - Pdf
Councilmember Betts stated that he owns a business in the downtown area and therefore recused due to a potential conflict of interest.
Erick Becerril, Community Development Director, presented the staff report and responded to questions.
Mayor Matas opened the Public Hearing.
Richard Velasquez spoke regarding other matters not related to the Public Hearing Item.
There was no public testimony.
Mayor Matas closed the Public Hearing.
ACTION: Approve Staff recommendation and adopt Ordinance No. 771.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 4-0 by the following votes:
AYES: Nuñez, Pye, Gardner, and Matas
RECUSE: Betts
ADMINISTRATIVE CALENDAR:
4. Certification of the November 8, 2022 General Municipal Election Results Recommendation:
Adopt a Resolution of the City Council reciting the fact of the General Municipal Election held in said City on November 8, 2022, declaring the result thereof and other such matters as provided by law.
Staff Report - SR-23-001 - Pdf
City Council
January 17, 2023
Jerryl Soriano, City Clerk, presented the staff report.
ACTION: Approve Staff Recommendation
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Betts
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
5. City Council Appointments to City Commissions
Recommendation:
Appoint five (5) members to each of the following Commissions for a two-year term expiring in January 2025.
A) Planning Commission:
1) Ratify Mayor Matas' appointment of James Nindel;
2) Ratify Councilmember Betts' appointment of Mary-Kate Stoever; 3) Ratify Councilmember Gardner's appointment of Christopher Wagstaff; 4) Ratify Councilmember Pye's appointment of Dirk Voss; and 5) Ratify Councilmember Nuñez' appointment of Leroy Aleman.
B) Public Safety Commission:
1) Ratify Mayor Matas' appointment of Donna Lozano;
2) Ratify Councilmember Betts' appointment of Brian Meuse; 3) Ratify Councilmember Gardner's appointment of Martin Mitchell; 4) Ratify Councilmember Pye's appointment of Jose Trejo; and 5) Ratify Councilmember Nuñez' appointment of Kenneth Mitchell.
Staff Report - SR-23-002 - Pdf
A discussion ensued. Jerryl Soriano, City Clerk, responded to questions.
It was questioned whether proposed commissioners were required to attend the meeting. Jennifer Mizrahi, City Attorney, requested time to review the City Council's policy regarding mandatory attendance of proposed commissioners.
Item 6 was considered at this time.
The City Council directed Staff to bring back the item on February 7, 2023, to ratify the appointments of the proposed commissioners who were unable to attend the meeting.
ACTION: Ratify the appointments of Leroy Aleman, Mary-Kate Stoever, Dirk Voss, and Christopher Wagstaff to the Planning Commission.
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
City Council
January 17, 2023
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
ACTION: Ratify the appointments of Martin Mitchell and Brian Meuse to the Public Safety Commission.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
6. Professional Services Agreement for Tax Administration Services with Webb Municipal Finance in the Amount of $278,496 for Three (3) Years Recommendation:
Authorize the City Manager to execute a Professional Services Agreement for Special District Tax Administration Services with Webb Municipal Finance in the amount of $278,496 for three years with the option of two (2) one-year extensions; and to authorize the City Manager to execute all necessary agreements, as approved to form by the City Attorney.
Staff Report – SR-23-012 – Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.
ACTION: Approve a contract term of one (1) year and direct Staff to bring back in one (1) year for review.
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
DEFEATED. 2-3 by the following votes:
AYES: Betts and Gardner
NOES: Nuñez, Pye, and Matas
ACTION: Approve Staff recommendation.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 3-2 by the following votes:
AYES: Nuñez, Pye, and Matas
NOES: Betts and Gardner
Item 5 was resumed at this time.
7. Professional Services Agreement for Research and Consulting Services
City Council
January 17, 2023
regarding the City-wide Lighting and Landscaping District 1 with the Lew Edwards Group in the Amount of $154,000.
Recommendation:
Authorize the City Manager to execute a Professional Services Agreement for Research and Consulting Services regarding the City-wide Lighting and Landscaping District 1 with the Lew Edwards Group in the amount of $154,000.
Staff Report - SR-23-010 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.
A discussion ensued.
The City Council recessed at 8:32 P.M.
The City Council reconvened at 8:40 P.M.
A discussion ensued.
ACTION: Approve Staff Recommendation
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 3-2 by the following votes:
AYES: Pye, Gardner, and Matas
NOES: Betts and Nuñez
8. Mayor's Appointments to Various Intergovernmental and Regional Boards and Committees
Recommendation:
Ratify Mayor Matas' appointments to the various intergovernmental and regional boards and committees.
Staff Report - SR-23-008 - Pdf
ACTION: Approve Staff recommendation.
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
9. Appointment of a Delegate and Alternate Delegate for the 2023 Southern California Association of Governments (SCAG) Annual General Assembly
City Council
January 17, 2023
Recommendation:
Appoint a delegate and alternate delegate for the 2023 SCAG Annual General Assembly on May 4, 2023 - May 5, 2023.
Staff Report - SR-23-009 - Pdf
ACTION: Appoint Councilmember Betts as the delegate; and Councilmember Pye as alternate delegate.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:
10. Second Reading and Adoption of An Ordinance Amending Chapter
17.190 “Desert Harvest Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Desert Harvest Specific Plan Area and renaming the Specific Plan as the “Desert Gateway Specific Plan”
Staff Report - SR-23-003 - Pdf
ACTION: Approved Staff recommendation and adopted Ordinance 772:
"An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.190 “Desert Harvest Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to establish zoning standards for the Desert Harvest Specific Plan Area and renaming the Specific Plan as the “Desert Gateway Specific Plan.”
PUBLIC COMMENTS
Deborah McGarrey, SoCalGas, spoke regarding natural gas prices.
ADJOURN
Mayor Matas adjourned the meeting at 9:10 P.M.
Jerryl Soriano, CMC, City Clerk
City of Desert Hot Springs
DRAFT ACTION MINUTES
City Council Meeting
4:00 PM - Friday, January 27, 2023
Virtual
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
Mayor Matas called the meeting to order at 4:00 P.M.
ROLL CALL
Present:
Councilmembers: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
Mayor: Scott Matas
Councilmember Betts inquired as to whether conducting the meeting remotely was appropriate. Mayor Matas stated that he was recently exposed to the COVID-19 virus.
Jennifer Mizrahi, City Attorney, and Jerryl Soriano, City Clerk, stated that conducting the meeting remotely was likely appropriate under Assembly Bill 361.
PUBLIC COMMENTS
Kenny Dickerson addressed the City Council regarding the Closed Session Item.
At this time, Councilmember Betts exited the meeting.
Jennifer Mizrahi, City Attorney, announced the Closed Session Item. The City Council convened in Closed Session.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve issues pertaining to a certain entity who has threatened litigation against the City, although no formal claim has been filed. The threat of litigation letter is on file with the City Clerk’s office.
City Council
January 27, 2023
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
ADJOURN
Mayor Matas adjourned the meeting at 4:45 P.M.
Jerryl Soriano, CMC, City Clerk
SR-23-018
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 7, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Resolution Making Findings Pursuant to Assembly Bill 361 Regarding Remote Teleconference Meetings
RECOMMENDATION:
Adopt a Resolution of the City Council making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361.
BACKGROUND:
On September 16, 2021, the Governor signed Assembly Bill 361 (AB 361) into law, which took effect immediately. AB 361 allows legislative bodies to utilize remote teleconferencing during a proclaimed state of emergency if any of the following apply:
• State or local officials have imposed or recommended measures to promote social distancing; OR
• The purpose of the meeting is to determine, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; OR • The legislative body has already determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
A Special Meeting (Closed Session) was held remotely on January 27, 2023, due to the current circumstances of the COVID-19 state of emergency impacting the ability to meet safely in person.
Pursuant to AB 361, the City Council must make a finding no later than 30 days after the teleconferenced meeting.
FISCAL IMPACT:
None.
ATTACHMENTS:
Exhibit 1 - Resolution AB 361 Findings
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS MAKING FINDINGS PURSUANT TO GOVERNMENT
CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361
WHEREAS, the City of Desert Hot Springs is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, the City Council is committed to preserving and nurturing public access and participation in meetings of the City Council and all City-affiliated bodies subject to the Brown Act (collectively "Brown Act Bodies"), including all Boards and Commissions; and
WHEREAS, as amended by AB 361, the Brown Act, as set forth in Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a local agency may avail itself of the remote emergency Brown Act procedures where a state of emergency is declared by the Governor pursuant to Government Code Section 8625, and state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, as a result of the COVID-19 pandemic, the Governor proclaimed a state of emergency on March 4, 2020 (the "State of Emergency"), in accordance with Section 8825 of the California Emergency Act, and the state of emergency remains active; and
WHEREAS, as a result of the COVID-19 pandemic, the California Department of Health and Riverside County Health Department continues to recommend measures to promote social distancing; and
WHEREAS, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to avail itself of the emergency remote Brown Act procedures, the legislative body shall, not later than 30 days after teleconferencing for the first time, and every 30 days thereafter, make the following findings by majority vote: (1) the legislative body has reconsidered the circumstances of the state of emergency; and (2) any of the following circumstances exist: (a) State or local officials have imposed or recommended measures to promote social distancing; or (b) the purpose of the meeting is to determine, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (c) the legislative body has already determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
NOW, THEREFORE, THE CITY COUNCIL AND AFFILIATED BODIES DO HEREBY RESOLVE AS FOLLOWS:
Section 1. RECITALS
That the recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. FINDINGS
a. That the City Council has reconsidered the circumstances of the previously declared and existing State of Emergency arising from the COVID-19 Pandemic.
b. That the State of Emergency continues to directly impact the ability of the members of the City Council and City-affiliated Brown Act Bodies to meet safely in person, and state or local officials have recommended measures to promote social distancing in connection with COVID-19.
c. That persons, including the Mayor, who attended the January 27, 2023 Closed Session Special Meeting were recently exposed to the COVID-19 virus, impacting the ability to meet safely in person.
Section 3. CONTINUED AB 361 REMOTE MEETINGS
That the City Council and Affiliated Agencies and all Brown Act Bodies may continue to conduct public meetings in accordance with Government Code Section 54953(e).
Section 4. SEVERABILITY
That if any provision, section, paragraph, sentence or word of Resolution or any portion of the Administrative Record 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 as hereby adopted shall remain in full force and effect.
Section 5. CERTIFICATION
That the City Clerk/Board Secretary shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 7th day of February, 2023, 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