Desert Hot Springs City Council
February 18, 2025

City of Desert Hot Springs

ACTION MINUTES
City Council Regular Meeting
6:00 PM - Tuesday, February 18, 2025
Council Chambers
CLOSED SESSION - 4:30 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 PM.

ROLL CALL

Present:

Council Members: Daniel Pitts, Jan Pye, Dirk Voss
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session items.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Desert Hot Springs v. Cay, LLC, Case No.

CVPS2300272

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957: City Attorney

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Pursuant to Government Code Section 54957(b): City Manager PRESENTATIONS - 5:30 P.M.

Police Department: Life Saving Award & Chief's Award
Steven Shaw, Deputy Police Chief, presented a Life Saving Award to Police Officer Gustavo Ramirez.

City Council
February 18, 2025
Jim Henson, Police Chief, presented the Chief's Award to Police Officer Philip Estrada.

Retirement Recognition: Police Chief, Jim Henson
Mayor Matas and the City Council presented a plaque to Police Chief, Jim Henson, honoring his service and expressing gratitude.

REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 PM.

ROLL CALL

Present:

Council Members: Daniel Pitts, Jan Pye, Dirk Voss
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

INVOCATION
Bishop Marty Webster gave the Invocation.

PLEDGE OF ALLEGIANCE
Councilmember Voss 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 February 18, 2025 Regular Meeting agenda, and approve the Consent Calendar except for Item 7.

Moved by Councilmember Voss
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas

City Council
February 18, 2025

PUBLIC COMMENTS
1) Liana Argento expressed the need for traffic signals at Palm Drive and 20th Avenue and Palm Drive and Park Lane; and expressed concerns regarding trash and homeless issues adjacent to Skys Haven mobile home park. 2) Susanne Whims expressed the need for a traffic signal at Palm Drive Park Lane and homeless issues.
3) Walker Beverly expressed concerns regarding traffic on Palm Drive. 4) Margaret Webb announced a food drive event.

CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.

Daniel Porras, Assistant City Manager, provided an update regarding the Amazon warehouse.

MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Pitts reported on the various meetings and events he attended.

Mayor Pro Tem Gardner reported on the various meetings and events he attended.

Councilmember Pye reported on the various meetings and events she attended.

Councilmember Voss reported on the various meetings and events he attended.

Mayor Matas reported on the various meetings and events he attended.

ADMINISTRATIVE CALENDAR:

4. Desert Hot Springs Police Department 2024 Annual Management Report Recommendation:

Approve the Desert Hot Springs Police Department's 2024 Annual Management Report.

Staff Report - SR-25-038 - Pdf
Steven Shaw, Deputy Police Chief, presented the report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Mayor Pro Tem Gardner
Seconded by Councilmember Pye

City Council
February 18, 2025
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas

5. Establishment of 115 Trust Account for Pension Liabilities Recommendation:
1) Adopt a resolution of the City Council of the City of Desert Hot Springs establishing a 115 Trust account administered by Public Agency Retirement Services and appoint the City Manager as the Plan Administrator; and 2) Authorize City Manager to execute the Agreement for Administrative Services with Public Agency Retirement Services for the 115 Trust Account with substantive edits to be negotiated and approved by the City Manager and upon approval as to form by the City Attorney
Staff Report - SR-25-036 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and introduced Ryan Nicasio, PARS Senior Vice President, who provided a presentation and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution No. 2025-007.

Moved by Councilmember Voss
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas
CONSENT CALENDAR:

6. City Council Regular Meeting Minutes: February 4, 2025 Staff Report - SR-25-035 - Pdf
ACTION: Approved the minutes as presented.

7. Resolution authorizing acceptance of Karen Street Park parcel Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs authorizing the City Manager to negotiate and execute any and all documents associated with the conveyance and acceptance of the Karen Street Park parcel (APN 667-100-045) into the City
Staff Report - SR-25-039 - Pdf
Mayor Matas recused due to a potential conflict of interest.

Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

City Council
February 18, 2025
ACTION: Approve Staff recommendation and adopt Resolution No. 2025-008.

Moved by Councilmember Voss
Seconded by Councilmember Pye
Carried 4-0 by the following votes:

AYES: Pitts, Pye, Voss, and Gardner
RECUSE: Matas

8. Approval of Parcel Map No. 38699
Staff Report - SR-25-033 - Pdf
ACTION: Approved Staff recommendation to:
1) Find that the Parcel Map No. 38699 is in substantial conformance with the previously approved tentative map;
2) Approve Parcel Map 38699 in accordance with the Conditions of Approval; 3) Authorize the City Clerk and City Engineer to sign the map evidencing the City Council's approval; and
4) Authorize staff to process and file the map with the County Recorder's Office.

9. Hacienda Avenue Improvement Project – First Amendment to Professional Services Agreement with Kimley Horn
Staff Report - SR-25-034 - Pdf
ACTION: Approved Staff recommendation to authorize the City Manager to negotiate and execute the First Amendment to the Professional Services Agreement with Kimley Horn, increasing the contract amount by $71,115.00 for a total contract amount not to exceed $230,005.00, for the Hacienda Avenue Street Improvement Project.

10. Third Amendment to Professional Services Agreement with NV5 Inc for Asneeded Engineering Plan Check Services and City Engineering Support Services
Staff Report - SR-25-037 - Pdf
ACTION: Approved Staff recommendation to authorize the City Manager to negotiate and execute the Third Amendment to the Professional Services Agreement for engineering plan check services between the City and NV5 Incorporated, increasing the Engineering Plan Check Services for fiscal year 2024-2025 from $180,000 to $500,000, for fiscal year 2025-2026 from $180,000 to $500,000; and adding a task order for As-needed City Engineering Support Services for fiscal year 2024-2025 in an amount not to exceed $125,000, and for fiscal year 2025-2026 in an amount not to exceed $250,000.

11. Selection of Pre-qualified Peer Review Environmental Consultants Staff Report - SR-24-210 - Pdf

City Council
February 18, 2025
ACTION: Approved Staff recommendation to approve the list of environmental consultants for Category 2, Pre-qualified Peer Review Environmental Consultants and authorize the City Manager to negotiate Professional Services Agreements with the selected consultants.

12. Treasurer’s Report as of FY 2024-25 Quarter 1
Treasurer's Report - - Pdf
ACTION: Received and filed.

13. Payment Register and City Council Expenditures for the Period of January 1, 2025 to January 31, 2025
Staff Report - SR-25-028 - Pdf
ACTION: Received and filed.

PUBLIC COMMENTS
None.

ADJOURN
The City Council recessed to Closed Session at 7:11 PM.

Jerryl Soriano, CMC, City Clerk

SR-25-038
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 18, 2025
Department: Police Department
Prepared by: Steven Shaw, Deputy Police Chief
Subject: Desert Hot Springs Police Department 2024 Annual Management Report RECOMMENDATION:

Approve the Desert Hot Springs Police Department's 2024 Annual Management Report.

BACKGROUND:

The Desert Hot Springs Police Department prepares an annual management report for the prior calendar year.

DISCUSSION:

The Desert Hot Springs Police Departments 2024 Annual Management Report gives an overview of crime statistics, case management, department staffing, patrol activity, property and evidence collection, records management, department training, and department volunteers. This report is used by police department administration to identify crime trends, highlight department successes, identify department and community needs, and establish ongoing law enforcement strategies.

FISCAL IMPACT:

None
ATTACHMENTS:
1) Police Department Annual Management Report 2024

ANNUAL
2024

MANAGEMENT
REPORT

DESERT HOT SPRINGS POLICE DEPARTMENT

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1) PART ONE: CRIME NUMBERS
VIOLENT CRIME:

Violent crime (murder, rape, robbery, aggravated assault) decreased 5% this year compared to FY 2023. There were 3 homicides in FY 2024 compared to 2 in FY 2023. In 2024 aggravated assaults (120) decreased 16% compared to (143) in FY 2023. Rape decreased 55% from 9 in FY 2023 to 4 in FY 2024. Robbery increased 81% from 22 in FY 2023 to 40 in FY 2024.

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MURDER:

There were 3 reported murders in Desert Hot Springs in FY 2024, compared to 2 reported murders in Desert Hot Springs in FY 2023. Two murders involved gun violence, and the third was a stabbing incident.

MURDER CONTINUED:
2407D-1283 Case Status: OPEN.

On July 11, 2024, at approximately 2113 hours, officers responded to the area of 2nd Street and Palm Drive reference a shooting. The victim was found in the 66000 block of Pierson Boulevard. The investigation revealed that the victim was left at that location. The victim suffered a gunshot wound to his back and was pronounced deceased at the scene. Detectives are still actively working on the investigation.
2407D-1965 Case Status: OPEN.

On July 17, 2024, at approximately 1657 hours, officers responded to the 66000 block of Two Bunch Palms Trail regarding a report of a shooting. Officers arrived and found three victims.

Two victims were transported to DRMC, and a third victim was pronounced deceased.

Detectives are still actively working on the investigation. 2407D-2239 Case Status: CLOSED BY ARREST.

On July 19, 2024, at approximately 2138 hours, officers responded to the 66000 block of Two Bunch Palms Trail for reports of a female who was just assaulted. Officers arrived and determined a stabbing occurred, with the victim having suffered multiple stab wounds. The

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victim was pronounced deceased, and a second victim was transported to DRMC with several stab wounds. Detectives identified and located two suspects, and they were arrested.

RAPE:

There were 4 rape cases in FY 2024, compared to 9 cases in FY 2023. One case remains open, one was closed with an arrest, one was unfounded, and in one the victim declined to pursue prosecution.

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ROBBERY:

There were 40 reported robberies in Desert Hot Springs in FY 2024 compared to 22 in FY 2023, with an 81% increase in robberies in FY 2024.

Significant case: 2412D-1999
Officers were dispatched to Chase Bank regarding a report of a robbery in progress. The bank staff stated a male entered the bank and gave a teller a note, demanding a million dollars. Officers arrived and contacted the male subject who was subsequently arrested without incident. The FBI was notified and responded to assist with the investigation.

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AGGRAVATED ASSAULT:

In FY 2024 there was a 16% decrease in aggravated assaults (120) compared to FY 2023 (143).

Significant case: 2412D-1746
On Saturday, December 14, 2024, at 1028 hours, officers responded to a reported carjacking at Tedesco Park. The victim advised he was at the park when an unknown male subject approached him from behind, put him in a choke hold and began to choke him. The suspect demanded the victim’s keys and took the victim’s vehicle. Officers located the vehicle on Palm Drive heading into Palm Springs. Officers attempted to stop the vehicle, but the driver fled resulting in a vehicle pursuit. The pursuit continued into Palm Springs and ended when the suspect drove into a dead-end street and struck a DHSPD vehicle. The driver and a passenger were taken into custody.

Significant case: 2410D-3513
On Tuesday, October 29, 2024, at 2108 hours, officers were dispatched to the 14000 block of Palm Drive regarding a shooting at the Soccer Park. Officers arrived and located a male juvenile suffering from several gunshot wounds to his legs. The juvenile did not provide officers with any information on how he received the gunshot wounds and was transported to DRMC for his injuries.

Detectives responded to the scene and assumed the investigation.

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PROPERTY CRIME:

In FY 2024 there was an 11% decrease in property crime (burglary, larceny, motor vehicle theft), with 421 reported cases of property crime in FY 2024 compared to 478 cases in FY 2023.

Burglary: There was a 7% decrease in burglaries. In 2023, there were 105 reported cases compared to 97 cases in FY 2024.

Larceny: There was a 4% increase in larceny. In 2023, there were 182 reported cases compared to 191 reported cases in FY 2024.

Motor Vehicle Theft: There was a 30% decrease in motor vehicle theft. In FY 2023 there were 191 reported cases compared to 133 cases in FY 2024.

OTHER SIGNIFICANT CASES/ARRESTS
In FY 2024, the Detective Bureau handled several high-level complex investigations including but not limited to:

Significant case: 2409D-3094
Officers responded to the 66000 block of 1st Street for a report of a 3-year-old child not breathing.

Patrol officers and detectives arrived on scene and found the 3-year-old female not breathing and with no pulse. Detectives began CPR until paramedics arrived, but the child did not survive. The investigation is ongoing pending cause of death determination.

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Below is a graph summarizing the annual totals. The was an overall 10% decrease in the listed violent crime and property crime for FY 2024 compared to FY 2023.

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2) PART TWO: CASE MANAGEMENT
In FY 2024 the Detective Bureau was assigned 288 cases from patrol, compared to 343 cases in FY 2023 for a 16% decrease. In FY 2024 the detective bureau completed 283 cases compared to 340 cases in FY 2023 for a 16% decrease. The bureau executed 180 search warrants during FY 2024.

In FY 2024 the detective bureau closed 60 cases with a “no further investigation” disposition, compared to 54 cases in FY 2023 for a 11% increase. In FY 2024, 57 cases were closed with “no workable leads”, compared to 50 in FY 2023 for a 14% increase. In FY 2024, 51 cases were referred to the District Attorney’s Office for prosecution, compared to 43 cases in FY 2023 for an 18% increase. Total dispositions in FY 2024 were 168 cases compared to 147 cases in FY 2023 for a 14% increase.

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3) PART THREE: NOTIFICATIONS:

NOTIFICATIONS FY 2024 FY 2023
Detective Sergeant Phone Notification 121 83
Detective Call Outs 44 30
Worked in Patrol Capacity 15 10
Assisted Patrol 200 126
In May 2024, the Commander position overseeing the Detective Bureau was eliminated due to city budget shortfalls, and one detective has been out on long term injury leave. Sergeant Carranza took over as the Detective Sergeant in July 2024. The selection process is currently underway to add a detective to the Detective Bureau. A new detective is expected to be added in early January.

Due to department staffing levels there are no officers currently assigned to outside task forces, but Detective James is a member of the San Diego and Riverside County Child Exploitation Teams as a collateral duty. One officer has been assigned full-time as the department’s Homeless Liaison Officer (HLO).

The department is continually looking at new technology and how it can be best used to complete our mission and serve the community. The department started a drone program in 2024 which has significantly improved response time and officer safety. The increase in Assisted Patrol is directly related to the drone program which is administered through the Detective Bureau. 4) PART FOUR: PATROL
Current
Year-2024
Prior
Year-2023 % Change
Total Calls for service 37,670 41,039 -8.2%
Officer Initiated 11,191 12,960 -13.6%
Reports Taken 4,471 5,111 -12.5%
Arrests (Patrol/Detective) 938 1,106 -15%
The minimum patrol staffing remains 2 Officers and 1 Sergeant per shift. Officer injuries and mandatory training continue to stain shift coverage, resulting in increased overtime costs and burnout for officers. Responding to calls for service is the priority for officers. Minimum staffing levels directly affect officers’ proactive time. One officer was assigned full time as the Homeless Liaison Officer and assigned to the city’s Homeless Outreach Team to focus on the homeless population in our community. In 2024, one officer left for another agency, one officer medically retired, one officer did not pass field training, and two officers were released. There were 3 new police officers hired in 2024.

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Current
Year-2024
Prior
Year-2023 % Change
MAIT call outs 10 11 -9%
Traffic accidents 734 696 5.4%
Traffic accident reports 179 227 -21%
Traffic stops 2,993 4,042 -25.9%
Citations 1,635 2,451 -33.2%
There were 10 MAIT call outs in 2024. MAIT is a collateral duty for those officers that have completed extensive training on accident investigation and reconstruction and assigned to the MAIT team. There were 734 traffic accidents, 179 Traffic Accident reports, and 2,993 traffic stops with a total of 1,635 citations.
5) PART FIVE: INSPECTIONS
The following inspections and audits were completed in 2024. • Radio Audit
• Uniform Inspections (continual)
• Patrol Equipment Inspection (continual)
• Taser 7 Inspection
• Axon Body 3 BWC
• Firearms/Less Lethal
• RIPA Monthly Audit
• Property and Evidence Monthly Audit
• Records Division Monthly Audit
• UAV Monthly Audit
6) PART SIX: TRAINING
Department Wide Training:

The following department training was completed in 2024. • CPR/First Aid
• Court and Temporary Holding Facilities.

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• Department firearms qualification.
• Perishable Skills Program (PSP) Firearms Training for all Sworn Officers. • PSP Use of Force Training for all Sworn Officers.
• PSP Driving Training for all Sworn Officers.
• Annual Pursuit Training and Attestations for all Sworn Officers. 2024 Individual Training Completed:

Officers attended the following individual training during 2024. • Field Training Officer Refresher
• SFST
• Evidence Management
• Traffic Collision Investigation
• Advanced Traffic Collision Investigation
• ARIDE
• DUI Check Point Management
• Patrol Rifle
• DRE Recertification
• Firearms Instructors Course
• EVOC
• Drone Assessment and Response
• UAS Program Development
• De-escalation and Crisis Management
• DRE
• FTO Coordinator
• Gang Investigations
• Traffic Collision Reconstruction
• Tactical Rifle Instructor

The Department has maintained its POST certification to conduct in-house training in several areas. Being able to conduct this training in-house allows for better flexibility in scheduling and reduces overtime costs. The in-house training courses consisted of:
• Arrest and Control Baton Update
• Domestic Violence Update
• Electronics Weapon

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• Electronics Weapon Update
• Firearm (PSP)
• Firearms/ Tactical Rifle
• First Aid/CPR/ AED Refresher
• Less Lethal Weapons
• Traffic Collision Investigation
7) PART SEVEN: RIPA
The Racial and Identity Profiling Act (RIPA) mandates that police departments collect stop data and report that data to the Department of Justice annually. The data collected is based on the officer’s perception of the individual being stopped. The department has acquired an application-based reporting system with built-in controls that ensure accurate reporting and efficiency in data collection. A monthly audit is conducted to ensure that all qualified contacts are documented and submitted to DOJ. There were 5,000 qualifying contacts in 2024 that required a RIPA submission.
8) PART EIGHT: CITIZEN COMPLAINTS
Current
Year-2024
Prior
Year-2023 % Change
Citizen Complaints 1 26 -96%
Internal 6 4 50%
Officer Involved Shooting
(person)
1 0 100%
Use of Force 53 29 82%
There was one formal citizen complaint investigation conducted in 2024 resulting in a 96% decrease from 2023. There were six internal investigations conducted in 2024. All complaints are thoroughly investigated, and allegation findings are categorized Sustained, Not Sustained, Unfounded, or Exonerated. There was one officer involved shooting in 2024. This shooting is being investigated by the Riverside County Sheriff’s Departments Force Investigation Division and reviewed by the Riverside County District Attorney’s Office. There were 53 use of force incidents in 2024, resulting in an 82% increase from 2023. This increase can be attributed to a better tracking system put into place in 2024 to help document and analyze use of force incidents. We have also started classifying control holds as a use of force incident. The officer involved shooting was the only use of force incident requiring disclosure under SB1421 guidelines which require disclosure of incidents involving use of force by a peace officer resulting in death or great bodily injury, or discharge of a firearm at a person by a peace officer.

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9) PART NINE: PROPERTY/EVIDENCE DIVISION
Property Room
Current
Year-2024
Prior
Year-2023 % Change
Evidence received 1,664 1,938 -14%
Safekeeping 384 311 23%
Found Property 81 107 -24%
Total Property 2,129 2,576 -17%
Property Disposition
Retained 1,750 1,932 -9%
Released to owner 98 164 -40%
Sent to lab 114 36 216%
Destroyed 7,288 1,076 577%
Total Dispositions 9,250 3,208 188%
Property Types
Firearms 120 142 -15%
Currency 17 30 -43%
Narcotics 228 228 0%
Narcotic Types
Meth 118 99 19%
Heroin 3 7 -57%
Fentanyl 45 31 45%
Cocaine 17 14 21%
Prescription Meds/Other 44 34 29%
During 2024, the Property & Evidence Division completed all required audits per department policy. These audits were completed each month. The monthly Property & Evidence audits consists of reviewing cases that include currency, firearms, drugs, and randomly pulled cases. All additional random cases that were audited were in their designated location, properly packaged, sealed, and labeled. Any cases where property was released had proper documentation on file.

In December we completed our annual gun destruction with LSC Destruction. One hundred and forty-five (145) guns were purged and destroyed.

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10) PART TEN: RECORDS DIVISION
Citations
Current
Year-2024
Prior
Year-2023 % Change
Traffic 2176 2451 -11%
Parking/Municipal 764 691 10%
Alarm 22 5 340%
Total Citations 3147 1952 61%
Vehicle Releases
DUI 17 7 142%
Repo 133 98 35%
Total Releases 150 105 42%
Vehicle Storage Reports
Evidence 23 10 130%
Aarco Towing 606 753 -19%
Total Storage 629 763 -17%
The Records Bureau plays a crucial role in maintaining and processing law enforcement records, ensuring compliance with legal requirements, and supporting the community, the department's field operations, and investigations. The Records Bureau is responsible for a variety of tasks, including processing police reports, managing citations, ensuring legal compliance, and supporting the department's broader objectives.

In 2024, the Records Bureau faced some staffing challenges due to budget constraints that led to the elimination of the Part-Time Records Specialist position. This role was previously responsible for tasks such as processing Insurance Report Requests, handling Citizen Contact Requests from other law enforcement agencies, and submitting Arrest Dispositions to the Department of Justice. The loss of this position required the redistribution of duties across the manager and two full-time Record Specialist II staff members. Despite these challenges, the team continued to work diligently to meet state and federally mandated reporting standards while providing excellent service to the community.

To help with the increased workload and ensure citizens received prompt assistance at the front desk, officers and community service officers were assigned additional responsibilities in the Records Bureau. This collaborative approach helped maintain service levels despite the reduced staffing.

In 2024, the Records Bureau had the privilege of working with the Desert Hot Springs High School Public Safety Academy, which placed eight (8) students in internship positions. The

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interns assisted with filing and sorting vehicle storage forms, completing a total of 24 hours of service.

In 2024, Records Bureau staff participated in various training programs to ensure they remained updated on best practices and compliance standards:
• Record of Arrest and Prosecution (RAP) Sheet Training • CPR Training
• CIBRS (California Incident-Based Reporting System) Training • Report Review and Approval Procedures
11) PART ELEVEN: DISPATCH CENTER
The Dispatch Center is budgeted for a manager, ten (10) full-time, and two (2) part-time dispatchers. In 2024, the center was fully staffed. The Dispatch Center operates across three shifts each day: day shift, cover shift, and graveyard shift. Both day and graveyard shifts are staffed with two dispatchers, while the cover shift has one dispatcher. The cover shift dispatcher ensures that there are three dispatchers available during peak times of the day.

February 2024 marked the first full year of operation as the Desert Hot Springs Police Department’s Dispatch Center. Our center is one of the first in the state to operate with the State’s new NextGen Technology Required System. While there have been technical challenges with this new system, the Desert Hot Springs Police Dispatch Center continues to operate at a very high level. In 2024, the Dispatch Center answered approximately 20,900 911 calls and an estimated 22,000 non-emergency calls. The busiest time for dispatch is between 2:00 p.m. and 9:00 p.m.

Dispatchers are responsible for answering all 911 emergency and non-emergency calls. They gather detailed information to ensure the safety of officers and the community, and dispatch calls for service. Additional responsibilities include:
• Making all entries and updates into the California Law Enforcement Telecommunications System (CLETS)
• Maintaining Logs that are available to patrol and investigation division, in addition surround agencies.
• Assisting other areas within the police department by inputting citations, no trespassing forms, and other reports into the Records Management System (RMS) In accordance with the California Commission on Peace Officer Standards and Training (POST), dispatchers are required to complete 24 hours of Continuing Professional Training (CPT) every two years. This year, staff attended a variety of training courses, including:
• CPR
• CLETS Interpretation and Application

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• RAPS
• Science of Wellness
• Dispatch Wellness
• CLETS Deep Dive
• Cumulative PTSI in a Dispatch Center
• Online Web Version Training by POST
12) PART TWELVE: STAFFING/HIRING/RECRUITMENT
During 2024, our police department conducted interviews for the Police Officer position every month of the year. This consistent effort has allowed us to attract and hire talented individuals who are committed to serving our community with dedication and professionalism. This year we had two Police Officer Trainees that were sponsored by the department, and both successfully completed their academies. The Police Officer Trainee position will need to continue to be utilized going forward to consistently keep the department staffed. The number of qualified lateral Police Officer applicants have continued to decrease. Due to a budget shortfall the two Commander positions were eliminated. Three Police Officers were added in 2024. • Jessica Corona was hired after graduating from the 22nd Riverside County Sheriff’s Modular Academy. Officer Corona is currently completing her field training program. • Matthew Henry was sent to the Riverside County Sheriff’s Office full-time academy as a Police Trainee. Officer Henry successfully graduated from Class 219 at the Ben Clark Safety Training Center. Officer Henry has successfully completed his field training program and is working as a solo officer. Officer Henry was originally hired as a Community Service Officer.
• Bailey Young was hired as a Police Trainee and successfully graduated from the 23rd Riverside County Sheriff’s Modular Academy. Officer Young has successfully completed her field training program and is working as a solo officer.

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To strengthen our recruiting efforts, we launched a dedicated recruiting website, JoinDHSPD.com, and utilized social media platforms such as Facebook, Instagram, and X for more effective outreach. Future recruiting initiatives will target various police academies and the military base in Twentynine Palms.
13) PART THIRTEEN: Citizens On Patrol
Our Citizens on Patrol program continued to thrive in 2024, with volunteers logging over 1,840 hours of dedicated service. Our Police Chaplain contributed over 507 hours of service, further supporting our staff and community. Property & Evidence Volunteer Barbara Petrinovich-Cook contributed over 265 hours helping research cases, purging, and organizing the property room.

The Citizens on Patrol volunteers attended and assisted with the following events:
• Martin Luther King Walk
• Grand Opening and Dedication of the Historic Rock House • Vietnam Moving Wall
• Little League All Star Games
• Fireworks Spectacular
• Halloween Trunk or Treat
• DHS high school football games
• St. Elizabeth Church - Walk in Honor of Lady Guadalupe • Holiday Parade of Lights

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We honor the memory of Citizen Patrol Volunteer Paul Bobek, who passed away in 2024, and thank him for his service to the city. We also welcomed one new volunteer, Nancy Schelling, to our team. Our volunteers have played a crucial role in patrolling neighborhoods, assisting with records, and transporting vehicles. They have also assisted in delivering cases to various departments in Indio including the District Attorney’s Office, Juvenile Hall, and the Superior Court. We look forward to adding additional volunteers in 2025 to continue enhancing our community outreach and safety efforts.
14) PART FOURTEEN: ANIMAL CARE AND CONTROL
Animal Care and Control continued to see a significant increase in intakes this year. Highlights for 2024 include.
• Animal Care and Control added the Indian Canyon location January 2024, taking on an additional 60-canines and 30-felines.
• Animal Care and Control is staffed with an Animal Control Supervisor, four Animal Control Officers and five Kennel Care technicians.
• Staff continue to work on all avenues in locating owners and adopting out animals from the facility.
• Weekly contact is made with multiple rescues in and out of the Coachella Valley to find homes for the animals.

Animal Control FY 2024 FY 2023 % Change
Intakes 906 755 20%
Return To Owners 246 246 0%
Adopted 170 98 73%
Sent To Rescue 136 140 2%
Citations Issued 351 310 13%
Calls For Service 3472 234 47%

SR-25-036
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To:

Date: February 18, 2025
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Establishment of 115 Trust Account for Pension Liabilities RECOMMENDATION:
1) Adopt a resolution of the City Council of the City of Desert Hot Springs establishing a 115 Trust account administered by Public Agency Retirement Services and appoint the City Manager as the Plan Administrator; and
2) Authorize City Manager to execute the Agreement for Administrative Services with Public Agency Retirement Services for the 115 Trust Account with substantive edits to be negotiated and approved by the City Manager and upon approval as to form by the City Attorney BACKGROUND:

The City of Desert Hot Springs provides defined-benefit pensions to its retirees through the California Public Employees Retirement System (CalPERS). The funding of the CalPERS pension comes from employee contributions, employer contributions, and investment returns, which varies according to the financial markets. CalPERS calculates the annual employer contribution based on actuarial values of future pension liabilities, plan assets, and future investment earnings. CalPERS phases in these adjustments to employer contributions over time to minimize changes due to market swings. If the earnings on plan assets do not grow according to the actuarial valuations, an unfunded pension liability will accrue. Over the last 25 years, CalPERS investments have suffered significant losses due to the Dot Com Bubble of the early 2000’s, the Great Recession of 2008-2009, followed by many years of historically low interest rates, and from the downturn in the economy due to the COVID-19 pandemic. This has created a net pension liability of over $16.2 million for the City as of 6/30/2024.

The net pension liability is the difference between the City’s total pension liability and the actual plan assets. This liability must be reported on the City’s annual financial statements as per Governmental Accounting Standards Board Statement 68.

DISCUSSION:

It is in the City’s best interest to reduce the amount of its net pension liability in order to improve the financial statements and to offset significant increases in the employer contribution rate in the future.

By creating a 115 Trust account, the City can make regular deposits into the account to offset future pension costs. This account does not need to be funded immediately as the City can make future deposits based on policy. The City can make regular annual payments or periodic payments if excess funds are available, such as during years with a significant surplus.

SR-25-036
Staff researched trust administrators from CalPERS and Public Agency Retirement Services (PARS) and determined that PARS is best suited to the needs of the City for the following reasons:
 PARS is a leader in the marketplace with over 312 public agency clients  The PARS program is established as a multiple employer trust so that regardless of the size of the agency, it can benefit from the economies of scale that can maximize returns and minimize administrative fees.
 PARS has a positive track record of being a leading provider of public retirement services.

FISCAL IMPACT:

There is no immediate fiscal impact. The City can set up the trust account now and make deposits at some point in the future. By creating an account now and making regular deposits, the City can reduce its future pension costs through interest earned on the account.

ATTACHMENTS:
1) 115 Trust Account Resolution
2) PARS Agreement for Administrative Services

RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DESERT HOT SPRINGS

APPROVING THE ADOPTION OF THE

PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST

ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) WHEREAS, PARS has made available the PARS Public Agencies Post-Employment Benefits Trust (the “Program”) for the purpose of prefunding pension obligations and/or OPEB obligations; and WHEREAS, the City of Desert Hot Springs (“City”) is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and
WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former employee’s entitlement to post-employment benefits; and
WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and
WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and
WHEREAS, the City reserves the right to make contributions, if any, to the Program.

NOW THEREFORE, BE IT RESOLVED THAT:

1. The City Council hereby adopts the PARS Public Agencies Post-Employment Benefits Trust; and

2. The City Council hereby appoints the City Manager, or his/her successor or his/her designee as the City’s Plan Administrator for the Program; and

3. The City’s Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Program.

AYES: NOES: ABSENT: ABSTAIN:

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE
____________________, the City Clerk of the City of Desert Hot Springs, State of California, hereby certifies that the above foregoing resolution was duly and regularly adopted by said City at a regular meeting thereof held on the __________ and passed by a __________ vote of said Council.

IN WITNESS WHEREOF I have hereunto set my hand and seal this _______________, 2025. ________________________________
City Clerk

AGREEMENT FOR ADMINISTRATIVE SERVICES
This agreement (“Agreement”) is made this _____ day of _____________, 2025, between Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Retirement Services and PARS (hereinafter “PARS”) and the [Agency Name] (“Agency”).

WHEREAS, the Agency has adopted the PARS Public Agencies Post-Employment Benefits Trust for the purpose of prefunding pension obligations and/or Other Post-Employment Benefits (“OPEB”) obligations (“Plan”) and is desirous of retaining PARS as Trust Administrator to the Trust, to provide administrative services.

NOW THEREFORE, the parties agree:

1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as “Exhibit 1A” (“Services”) in a timely manner, subject to the further provisions of this Agreement.

2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as “Exhibit 1B”.

3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency.

4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS’ standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with a detailed description of the services, terms, and applicable rates for such services. Such services, terms, and applicable rates shall be agreed upon in writing and executed by both parties.

5. Information Furnished to PARS. PARS will provide the Services contingent upon the Agency providing PARS the information specified in the exhibit attached hereto as “Exhibit 1C” (“Data”). It shall be the responsibility of the Agency to certify the accuracy, content, and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit 1A, PARS shall be under no duty to question Data received from the Agency, to compute contributions made to the

Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency.

6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS’ fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law.

7. Confidentiality. Without the Agency’s consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law.

8. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees, or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation, and similar matters.

9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, directors, and employees, from any claim, loss, demand, liability, or expense, including reasonable attorneys’ fees and costs, incurred by the other as a consequence of, to the extent, PARS’ or Agency’s, as the case may be, negligent acts, errors or omissions with respect to the performance of their respective duties hereunder.

10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan.

PARS shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement.

11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction.

12. Force Majeure. When a party’s nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to:
any incidence of fire, flood, acts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party’s performance under the Agreement.

13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency.

14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS.

Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement.

15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President
(B) To Agency: [Agency]; [Agency Address]; Attention: [Plan Administrator Title] Notices shall be deemed given on the date received by the addressee.

16. Term of Agreement. This Agreement shall remain in effect for the period beginning _______________, 2025 and ending _____________, 2028 (“Term”). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve-month periods following the Term.

17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto.

18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement.

In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions, and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition.

19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney’s fees.

20. Counterparts. Electronic Signatures. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (e.g., DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

22. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed.

AGENCY:

BY:

Plan Administrator Name
TITLE:

DATE:

PARS:

BY:

Tod Hammeras
TITLE: Chief Financial Officer
DATE:

EXHIBIT 1A

SERVICES
PARS will provide the following services for the [Agency Name] Public Agencies PostEmployment Benefits Trust:

1. Plan Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan provisions, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan documentation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit 1A, paragraph 2 below.

2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post-Employment Benefits Trust (“Trustee”), based upon information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and investment activity, based upon information received from the Agency and/or Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the applicable GASB pronouncements and/or statements, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.

3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice.

EXHIBIT 1B

FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit 1A based upon the following schedule:

An annual asset fee shall be paid from Plan assets based on the following schedule:

For Plan Assets from: Annual Rate:
$1 to $10,000,000 0.25%
$10,000,001 to $15,000,000 0.20%
$15,000,001 to $50,000,000 0.15%
$50,000,001 and above 0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included.

EXHIBIT 1C

DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon receiving the following information. Agency is solely responsible for ensuring that all information and documentation provided to PARS is true, correct, and authorized:

1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust (C) Trustee Investment Forms

2. Contribution – completed Contribution Transmittal Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)

3. Distribution – completed Payment Reimbursement/Distribution Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator (or authorized Designee)

4. Other information pertinent to the Services as reasonably requested by PARS and Actuarial Provider.

SR-25-035
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 18, 2025
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: February 4, 2025 RECOMMENDATION:

Approve the minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - February 4, 2025

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Regular Meeting
6:00 PM - Tuesday, February 4, 2025
Council Chambers
CLOSED SESSION - 4:30 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 PM.

ROLL CALL

Present:

Council Members: Daniel Pitts, Jan Pye, Dirk Voss
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session items.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Gov. Code Section 54956.9 (d)(2) and (e)(1) – Number of cases: 1

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Pursuant to Government Code Section 54957(b): City Manager PRESENTATIONS - 5:30 P.M.

Recognition of the 2024 Photo Contest Winner - Jaime Lopez Black History Month Presentation
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 PM.

City Council
February 4, 2025

ROLL CALL

Present:

Council Members: Daniel Pitts, Jan Pye, Dirk Voss
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

INVOCATION
Councilmember Pye 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 February 4, 2025 Regular Meeting agenda, and approve the Consent Calendar except for Item 8.

Moved by Councilmember Voss
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas

PUBLIC COMMENTS
1) Matthew Young spoke regarding The Hub.
2) Kent Anderson spoke regarding Animal Control.
3) Larry Peters spoke regarding the Desert Hot Springs Historical Society. 4) Irene Rodriguez gave Cabot's Pueblo Museum announcements.

CITY MANAGER REPORT
Doria Wilms, Deputy City Manager, announced that community newsletter is in development.

Roberta Crncic, Recreation and Community Services Director, provided Recreation Center and City event updates and announcements.

City Council
February 4, 2025

MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Voss reported on the various meetings and events he attended.

Councilmember Pye reported on the various meetings and events she attended.

Mayor Pro Tem Gardner reported on the various meetings and events he attended.

Councilmember Pitts reported on the various meetings and events he attended.

Mayor Matas reported on the various meetings and events he attended.

PUBLIC HEARINGS:

3. Abatement Cost Report Appeal Fee
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting fees related to abatement cost report appeal fee and the nexus study prepared therefor.

Staff Report - SR-25-006 - Pdf
Christina Newsom, Compliance Director, presented the staff report.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation and adopt Resolution No. 2025-006.

Moved by Councilmember Voss
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas

City Council
February 4, 2025

4. Little League Fees
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt Little League Program Fees as follows:
 $75.00 - Early Registration Per Player (First Month of Registration)  $95.00 - Regular Registration Per Player
 $125.00 - Late Registration
Staff Report - SR-25-024 - Pdf
Doria Wilms, Deputy City Manager, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation.

Moved by Mayor Pro Tem Gardner
Seconded by Councilmember Voss
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas
ADMINISTRATIVE CALENDAR:

5. Audited Financial Statements for Fiscal Year 2023-2024 Staff Report - SR-25-018 - Pdf
The report was received and filed.

6. Appointment of a Delegate and Alternate Delegate for the 2025 Southern California Association of Governments (SCAG) Annual General Assembly Recommendation:

Appoint a delegate and alternate delegate for the 2025 SCAG Annual General Assembly on May 1, 2025 - May 2, 2025.

Staff Report - SR-25-023 - Pdf
Jerryl Soriano, City Clerk, presented the staff report.

City Council
February 4, 2025
ACTION: Appoint Mayor Pro Tem Gardner as the delegate and Councilmember Voss as the alternate.

Moved by Mayor Matas
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas
CONSENT CALENDAR:

7. City Council Regular Meeting Minutes: January 21, 2025 Staff Report - SR-25-025 - Pdf
ACTION: Approved the minutes as presented.

8. Reject Bids for Construction for John H. Furbee Aquatics Center Improvements
Recommendation:
1) Reject the lowest bid from USA Construction as both nonresponsive and nonresponsible;
2) Reject all bids, and direct Staff to move forward with a re-design of the improvements to include the design and construction of the pool and the splash pad;
3) Authorize the change order increase for the re-design costs of $10,000.00, increasing the professional service agreement with Aquatic Design Group for design, from $84,000.00 to an amount not to exceed $94,000.00.

Staff Report - SR-25-019 - Pdf
Mayor Pro Tem Gardner pulled the item for discussion.

Nicholas Haecker, Public Works Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Mayor Pro Tem Gardner
Seconded by Councilmember Pye
Carried 5-0 by the following votes:

AYES: Pitts, Pye, Voss, Gardner, and Matas

9. Amendment to the Professional Services Agreement with David Volz Design for the Reflection Park Project
Staff Report - SR-25-020 - Pdf
ACTION: Approved Staff recommendation to approve the Amendment to the

City Council
February 4, 2025
Professional Services Agreement with David Volz Design in the amount of$173,682 for architectural design services for the Reflection Park Design Project.

10. Second Reading and Adoption of an Ordinance Authorizing the Levy of Special Taxes Within Improvement Area No. 1 and Improvement Area No. 2 and in Territory Annexed to the Community Facilities District No. 2025-1 (Skyborne Village) in the Future
Staff Report - SR-25-021 - Pdf
ACTION: Approved Staff recommendation to adopt Ordinance No. 807: "An Ordinance of the City Council of the City of Desert Hot Springs acting in its capacity as the legislative body of Community Facilities District No. 2025-1 (Skyborne Village) of the City of Desert Hot Springs authorizing the levy of special taxes within Improvement Area No. 1 and Improvement Area No. 2 and in territory annexed to the District in the future.

11. Second Reading and Adoption of an Ordinance - Pierson Commercial Specific Plan
Staff Report - SR-25-022 - Pdf
ACTION: Approved Staff recommendation to adopt Ordinance No. 808: "An Ordinance Adding Chapter 17.260 “Pierson Commercial Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Pierson Commercial Specific Plan Area.

PUBLIC COMMENTS
Tom Moen announced a Black History Month event and expressed concerns regarding Varner Road.

ADJOURN
Mayor Matas recessed to Closed Session at 7:03 PM.

Jerryl Soriano, CMC, City Clerk

SR-25-039
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 18, 2025
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Resolution authorizing acceptance of Karen Street Park parcel RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs authorizing the City Manager to negotiate and execute any and all documents associated with the conveyance and acceptance of the Karen Street Park parcel (APN 667-100-045) into the City BACKGROUND:

In 2004, following annexation into the City of Desert Hot Springs (“City”), the City approved the Stoneridge Specific Plan for 2,140 residential units including the following entitlements: Stoneridge Specific Plan, General Plan Amendment No. 02-04, Change of Zone No. 02-04, Development Agreement No. 01-04 and Tract Maps 32029 & 32030. An Environmental Impact Report was also prepared and was certified by the City Council.

On May 5, 2005, the City and First West-DHS Associates, LLC entered into Development Agreement No. 01-04 for the construction of the Stoneridge Project.

In July 2005, Western Pacific Housing, Inc., dba for DR Horton purchased the property from First West-DHS Associates, LLC and assumed the Development Agreement with the City and renamed the project as the Skyborne project.

In 2008, Skyborne Ventures LLC subsequently purchased the property, acquired title to the property comprising the Stoneridge Project. Skyborne Ventures LLC (“Owner”) is the successor in interest to First West and Western Pacific Housing, Inc., under the Development Agreement and Project Approvals and the developer of the Skyborne Project (“Project”).

On August 8, 223, the City Council approved the First amendment to the Development Agreement between the City and Skyborne Ventures LLC.

DISCUSSION:

Section 4.1.3 Park Improvements of the Development Agreement states the following in summary;

“ …(a) Karen Street Park. Owner shall: (i) dedicate to City the approximately five (5) acre site identified in the conditions of approval incorporated in the Development Plan (the “Karen Park

SR-25-039
Parcel”) for use as a public park … and (ii) contribute $1,200,000 (“Karen Park Payment”) to the City for construction of the improvements at the Karen Park Parcel… Following dedication of the Karen Park Parcel and delivery of the Karen Park Payment, Developer shall have satisfied its obligations related to the Karen Park Parcel."
Per the Development Agreement and the Conditions of Approval for the Skyborne Development, the Developer has paid the City the $1,200,000 contribution, and has submitted the Grant Deed of the Karen Street Park Parcel for the City to accept and acquire title. The proposed Resolution will authorize the City Manager to negotiate and execute all documents associated with the conveyance and acceptance of the Karen Street Park, Assessors Parcel Number 667-100-045.

FISCAL IMPACT:

There is no fiscal impact with this action. After title acquisition of the Karen Street Park Parcel, the City will become responsible for all future maintenance expenses.

ATTACHMENTS:

Exhibit 1 - Draft Resolution Karen Street Park Parcel
Exhibit 2 - Draft Grant Deed - Karen Street Park Parcel w. Exhibits

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE ANY AND ALL DOCUMENTS ASSOCIATED WITH THE

CONVEYANCE AND ACCEPTANCE OF KAREN STREET PARK PARCEL
(APN 667-100-045) INTO THE CITY
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized under the State of California; and
WHEREAS, California Government Code Section 27281 provides that deeds or grants conveying an interest in fee or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its resolution of acceptance; and,
WHEREAS, that certain real property interest, commonly known as “Karen Street Park” with an APN 667-100-045, has been presented to the City of Desert Hot Springs (hereinafter "City") for conveyance and acceptance; and, WHEREAS, the City Council would like to accept Karen Street Park Parcel into the official City park system via Grant Deed from the grantor; and WHEREAS, the City Council delegates to the City Manager to negotiate and execute any and all documents associated with the conveyance and acceptance of Karen Street Park to the City;
WHEREAS, the City Council of the City of Desert Hot Springs does hereby find and determine that it is in the best interests to adopt this Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. RECITALS
The recitals are incorporated.

Section 2. ACCEPTANCE OF KAREN STREET PARK
The City Council hereby desires to accept Karen Street Park into the City’s official park system.

Section 3. DELEGATION TO THE CITY MANAGER AND CITY CLERK

The City Manager shall be delegated all rights and obligations to negotiate and execute any and all documents, including the Grant Deed for formal acceptance of Karen Street Park Parcel by the City, and to effectuate the conveyance and acceptance.

The City Clerk is hereby authorized and directed to cause the Grant Deed and any and all other documents as needed to effectuate the conveyance and acceptance of Karen Street Park to be recorded in the Office of the County Recorder for the County of Riverside.

Section 4. SEVERABILITY
That should any provision, section, paragraph, sentence or word of this Resolution 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 Resolution as hereby adopted shall remain in full force and effect.

Section 5. EFFECTIVE DATE
That this Resolution shall be effective immediately.

Section 6. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution 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 ___________, 2025, 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

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Desert Hot Springs
Attn: City Clerk
11999 Palm Drive
Desert Hot Springs, CA 92240
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Exempt from Documentary Tax
Pursuant to R&T Code 11922
APN: 667-100-034
TRA: 014-066 [SPACE ABOVE FOR RECORDER’S USE]

GRANT DEED
FOR VALUE RECEIVED, the receipt and sufficiency of which are hereby acknowledged, SKYBORNE VENTURES, LLC, a California limited liability company, hereby grants to the City of Desert Hot Springs, a California municipal corporation, all of that certain real property more particularly described in Exhibit “A” and depicted in Exhibit “B”, each attached hereto and incorporated herein by this reference.
[signatures on following page]

IN WITNESS WHEREOF, the Grantor hereto has caused this Grant Deed to be executed as of this ___ day of __________________, 2024.

Dated: , 2024
GRANTOR:

SKYBORNE VENTURES, LLC, a California
limited liability company
By: LANSING STRATEGIC
MANAGEMENT, LLC a California
limited liability company
By: STRATEGIC LAND PARTNERS,
LP, a California limited partnership
Its: Managing Member
By: JK-RIVERWOODS, LLC, a
California limited liability company
Its: General Partner
By: _________________________
James M. Kozak
Its: Sole Member
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )
On _____________________, 2024, before me, _________________________, a Notary Public in and for said State, personally appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) acted, executed said instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________________________________ (Seal)

CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that the interest in real property conveyed by Grant Deed dated , 2024 from SKYBORNE VENTURES, LLC, a California limited liability company, as Grantor, to the CITY OF DESERT HOT SPRINGS, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Desert Hot Springs (“City Council”) pursuant to authority conferred by Ordinance No. _____ of the City Council adopted on ___________________ and the City of Desert Hot Springs consents to recordation thereof by its duly authorized officer.

Dated this day of , 2024.

CITY OF DESERT HOT SPRINGS,
a municipal corporation
By:

Frank Luckino, City Manager

EXHIBIT “A”
APN 667-100-043-1
LEGAL DESCRIPTION:

LOT “E” OF TRACT NO. 32030-3, IN THE CITY OF DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 419 OF MAPS, PAGES 29 THROUGH 39, INCLUSIVE, RECORDS OF SAID COUNTY.

EXCEPTING THEREFROM, THAT PORTION OF SAID LOT “E”, FURTHER DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION THE OF CENTERLINES OF KAREN AVENUE AND PROMENADE DRIVE AS SHOWN ON SAID TRACT NO. 32030-3; THENCE NORTH 00˚08’50” WEST ALONG SAID CENTERLINE OF KAREN AVENUE, 181.26 FEET; THENCE SOUTH 89˚51’10” WEST PERPENDICULAR TO SAID CENTERLINE OF KAREN AVENUE, 30.00 FEET TO THE EAST LINE OF SAID LOT “E” AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89˚51’10” WEST, 148.00 FEET; THENCE NORTH 00˚08’50” WEST, 190.00 FEET; THENCE NORTH 89˚51’10” EAST, 148.00 FEET TO SAID EAST LINE OF LOT “E”; THENCE SOUTH 00˚08’50” EAST ALONG SAID EAST LINE, 190.00 FEET TO THE POINT OF BEGINNING.

SAID CONVEYANCE CONTAINS APPROXIMATELY 230,196 S.F., 5.285 ACRES SEE EXHIBIT “B”, SKETCH TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY:

MARK WARE, P.L.S. 5820 DATE 10-20-23

SR-25-033
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 18, 2025
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Approval of Parcel Map No. 38699
RECOMMENDATION:
1) Find that the Parcel Map No. 38699 is in substantial conformance with the previously approved tentative map;
2) Approve Parcel Map 38699 in accordance with the Conditions of Approval; 3) Authorize the City Clerk and City Engineer to sign the map evidencing the City Council's approval; and
4) Authorize staff to process and file the map with the County Recorder's Office.

BACKGROUND:

Parcel Map 38699 is located on the west side of Cactus Drive between 12th Street and San Luis Road. The gross area of the subject property is approximately 18,824 square feet (or 0.43 acres).

The parcel map subdivides one (1) parcel of approximately 18,824 square feet, into two (2) individual parcels, parcel one into approximately 9,413 Square feet, parcel two into approximately 9,411 square feet, see Exhibit 1.

The applicant plans to subdivide the lot and in the future construct one single family home on each lot, there are no approved projects for this site at this time. The applicant will need to submit all the necessary entitlement applications and permits in the future for any proposed projects.

DISCUSSION:

On January 23, 2024, the Planning Commission approved Tentative Parcel Map 38699 subject to a number of Conditions of Approval listed in in Exhibit 2.

Cactus Drive currently has 40 feet from the centerline of public right of way for roadway and utility purposes, which is consistent with our general plan and standard street section, therefore there is no need to dedicate any additional right of way.

There are no projects or public improvements proposed as part of this action.

The approved Tentative Parcel Map and the Final Parcel Map before you show one (1) parcel being subdivided into two (2) individual parcels. Staff recommends that the Council find that the parcel map is in substantial conformance with the previously approved tentative parcel map.

SR-25-033
FISCAL IMPACT:

There is no direct fiscal impact to the City as a result of this approval.

ATTACHMENTS:
1) Final Parcel Map 38699 F 24-2
2) Staff Report Planning Commission January 2024

ASHLEY
NO. 9701 C IA FO ALI NR L RUS D V ROYE AN RP TS O E F T A NA IO S L OF SE

FAYAZRAD
NO. 8207 C IA FO ALI NR L RUS D V ROYE AN RP TS O E F T A NA IO S L OF SE JAY S. FAHRION

SR-24-006
City of Desert Hot Springs
Planning Commission

AGENDA ITEM REPORT
To: Planning Commission
Date: January 23, 2024
Department: Community Development
Prepared by: Patricia Villagomez, Principal Planner
Subject: Tract Map No. 23-3 (TTM 38699) A Request to Subdivide a Single Parcel Into Two Residential Parcels
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from Planning Commission; 3) Open the Public Hearing;
4) Take testimony from Applicant;
5) Take testimony from those in favor of the project;
6) Take testimony from those opposed to the project;
7) Take testimony from those in a neutral position;
8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing;
10) Planning Commission discussion; and
11) Recommendation for approval of TM 23-3 (TTM 38699); A request to subdivide a single parcel into two residential lots subject to the Conditions of Approval and Findings.

BACKGROUND:

On December 7th, 2023, the applicant, Amir Fayazrad, submitted a Tentative Tract Map (TM 23-3) an application to subdivide a single parcel into two residential lots.

DISCUSSION:

The property is identified as Assessor Parcel Number 639-063-016 and it is located on the west side Cactus Drive, south of 12th Street within the Residential Low (R-L) zoning designation. The project site is currently vacant and undisturbed, with vegetation of creosote bush & desert scrub brush, and a soil type that consists mainly of deep coarse sands.

The subject property is approximately 0.432 acres (18,834 sq. ft.) in size. The proposed tract map is requesting to subdivide the parcel into two (2) separate parcels with approximately 0.216 acres (9,417 sq. ft.) each which exceeds the minimum lot size requirement of 7,200 sq. ft. for a single-family lot per section 17.08.040 Residential Districts. The applicant at this time is not proposing any development, any future development will require a full submittal to the City for review and approval prior to any construction.

SR-24-006
Land Use Compatibility
The current General Plan and Zoning designation for the site is R-L (Residential Low) and the proposed use of the property is consistent with both the General Plan and Zoning designations.

Below is a table outlining the currents Zoning & General Plan Land Use designations, and existing land uses for surrounding properties:

Table 1: Surrounding Land Uses
Zoning Designation Current Land Use
North Residential Low (R-L) Single Family Home
South Residential Low (R-L) Single Family Home
East Residential Low (R-L) Single Family Home
West Public (P) Flood Channel

NOTICING REQUIREMENT
The project was noticed to neighboring property owners within a 300-foot radius of the project site on January 11, 2024, and it was advertised in the Desert Star Weekly on January 10, 2024, per noticing requirements. No public comments have been received.

FISCAL IMPACT:

The applicant has paid all required fees for the review and entitlement process and will be subject to all Building Permit and development impact fees when the parcels are developed.

ENVIRONMENTAL ANALYSIS:

In accordance with the provisions of the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq, and the CEQA Guidelines, Title 14, Chapter 3 of California Code of Regulations, the project is found to be Categorical Exempt from further environmental review as a Class 15 (Minor Land Divisions) Categorical Exemption of Section 15315 of CEQA.

OPTIONAL:

1. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451;
The proposed subdivision is consistent with the General Plan and also consistent with all applicable development standards within the residential zoning district. The applicant at this time is not proposing any development, any future development will require a full submittal to the city for review and approval. Staff recommends this finding.

2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
The proposed tentative tract map to subdivide a single parcel into two parcels meets all the minimum requirements of the residential development standards. The tentative tract map will fulfill the goals and polices of the General Plan. Staff recommends this finding.

3. That the site is physically suitable for the type of development; The lots proposed by the tentative map will each be of a size (lot area), width, depth and surface (generally flat) to allow development, including accessory activities and features,

SR-24-006
such as vehicular access, drainage and flood control. As proposed, the site is physically suitable for the type of development. Staff recommends this finding

4. That the site is physically suitable for the proposed density of development; The proposed map will be subdivided to allow for single family homes and will conform to all applicable development standards such as setbacks, height and parking. As proposed, the site is physically suitable for the proposed density of development. Staff recommends this finding.

5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
The proposed map has been determined that it is exempt from environmental review based on Class 15 Minor Land Division. The subject property is approximately 0.43 acres in size with development surrounding the property, therefore the design of the subdivision is unlikely to cause any environmental damage or substantial or unavoidable injury to fish or wildlife. Staff recommends this finding.

6. That the design of the of the subdivision or type of improvements is not likely to cause serious public health problems;
The proposed map has been reviewed an evaluated for any potential impacts to public health, including geologic hazards materials and emergency services. Standard conditions has been determined to be sufficient so that no serious public health problems are anticipated to result from the project. Staff recommends this finding.

7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
The proposed tentative map will include a dedication of right-of-way to provide vehicular access to the site. No other access easements have been identified as necessary for the site or surrounding area that would pass through or make use of the subject property. Staff recommends this finding.

ATTACHMENTS:
1) Draft Conditions of Approval
2) Tentative Map
3) Conceptual Site Plan
4) Conceptual Grading Plan

1 DRAFT CONDITIONS OF APPROVAL
MEETING DATE: January 23, 2024
CASE NO: Tract Map No. 23-3 (TTM 38699)
PREPARED BY: Patricia Villagomez, Principal Planner
Project Specific Conditions:

1. The approval is for Tentative Tract Map No. 23-3 to subdivide a single parcel (APN 639-063-016) into two (2) parcels of approximately 9,417 sq. ft. each.

2. All appropriate permits shall be pulled with the City’s Building Department and Engineering Department.

Standard Administrative Conditions

3. The approval of TM 23-3 is subject to the (2) year expiration provisions of the Subdivision Map Act, and as provided in Section 16.24.160 and will expire on January 23, 2026.

4. The applicant may request an extension of time for TM 23-3 per Section

16.24.170. Upon filing a time extension(s) within 30 (thirty) days prior to expiration of the Map. The Commission may grant a period not exceeding a total of 3 years for a good cause.

5. Applicant/developer shall indemnify, protect, hold harmless and defend, with counsel selected by the City, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings, including those involving environmental issues, against the City to attack, set aside, void, annul, and/or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the entitlement application. City shall promptly notify both the Applicant/Developer and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regard to such defense.

6. All development on the Project Site shall be in compliance with all

2 applicable provisions of the City’s Municipal Code as well as all applicable provisions of the adopted Building and Fire Codes. All new construction shall obtain a building permit and comply with the requirements of the Planning, Building, and Fire Departments.

7. No Certificate of Occupancy (C of O) shall be granted until all Conditions of Approval have been completed and approved by the Planning, Engineering, Building, and Fire Departments unless otherwise identified herein.

8. The development of the Project on the Project Site shall be in substantial compliance with the exhibits contained in the project file for TM 23-3 as shown in all Exhibits and incorporated herein by this reference.

9. The final grading plan shall be in substantial conformance with the designs set forth in the hydrology report and site drainage design.

10. Within fifteen (15) days of final approval by the Planning Commission, the applicant/developer shall submit in writing, a statement indicating that he/she has read and agrees to the conditions imposed herein. This authorization shall become void, and any privilege, permit, or other authorization granted under this entitlement TM 23-3 shall be deemed to have elapsed if compliance with this condition has not been undertaken within the specified time limits.

11. A scanned copy of the signed Conditions of Approval shall be included in the Building Construction Plans submitted for plan check.

12. The applicant/developer shall pay all established service, permit, impact, public art, and other applicable fees required by the City. Note:The Transportation Unified Mitigation Fee is collected by the City of Desert Hot Springs on behalf of the Coachella Valley Association of Governments.

Questions on the calculation of this fee should be addressed to them at (760) 346-1127. The School District Fees are imposed by the Palm Springs Unified School District and questions should be addressed to them at (760) 416-6159.

Engineering Conditions

13. The applicant/developer shall submit the following for City approval; a) The Final Map
b) Title Report prepared within the last 60 days
c) Closure Report
d) Soils Report
e) A subdivision Guarantee indicating all those parties who must sign the map. (If applicable, articles of incorporation identifying the signature authority).

3 14. The Tract Map shall be prepared in accordance with Chapter 16.24 Subdivision Maps of the Municipal Code.

15. If applicable an Environmental Constraint Sheet shall be filed concurrently with the Tract Map.

16. The applicant must submit all clearances from utilities if needed.

17. This tentative tract map is only for a subdivision of the property and does not give approval for any construction, all applicable codes will apply to a future project and future construction.

Standard Planning Department Conditions

18. The applicant/developer shall maintain the Project Site after the start of construction and until the Project is completed, free of weeds, debris, trash or any other offensive, unhealthful and dangerous material. If after five (5) days’ notice by certified mail, the applicant/ developer does not comply with the before mentioned criterion, the City may either cancel building or grading permits and/or enter the Project Site with City staff and remove all subject violations, bill the applicant /developer and/or put a lien on the Project Site.

19. The site shall remain undisturbed until the applicant/developer is issued a grading permit.

20. Outdoor storage of equipment and/or merchandise must satisfy all screening requirements of Sections 17.16.320 of the Desert Hot Springs Municipal Code.

21. All drainpipes shall be interior to the building. Exposed drainpipes are specifically prohibited.

22. All drain terminations shall be from the Watts Drainage Product RD-940 or a product of equal value.

23. All breaker boxes, fire sprinkler risers, and utility conduits shall be interior to the building.

24. All Vapor Collection Systems at Service Stations shall be screened from public view.

25. All redwood headers are specifically prohibited from use on the project site.

26. All irrigation lines shall be located below ground with no surface exposure.

4 27. All mechanical equipment, either roof or ground mounted, shall be screened from public view. All such equipment shall be fully screened by the roof structure, a parapet wall, appropriate ground mounted walls, berming, or landscaping. All walls shall architecturally match the building.

Graffiti:

28. The applicant/developer shall keep the Project Site, clear of graffiti vandalism at all times. The applicant/developer shall contact the City’s Graffiti Hot Line at 888-562-3822 within 24 hours of discovering the graffiti vandalism.

29. The applicant/developer and/or successor(s) shall apply (and maintain) a protective coating or graffiti resistant materials acceptable to the City’s Public Works and/or Community Development Department, to provide for the effective and expeditious removal of graffiti on all exterior building elevations and/or project walls and/or replacement of defaced screening panels.

30. In the event there is a change in the name, address or telephone number of the responsible person(s), firm or company, the applicant/developer or successor shall notify the City within 24 hours, in writing, of the change and provide the City with the current contact information of responsible person(s), firm or company.

31. The applicant/developer and/or successor(s) in interest shall be responsible for the removal of any graffiti vandalism from the project site (exterior building surfaces and/or exterior walls/fences) within 24-hour after discovering the graffiti vandalism or receipt of notice from the City of the same. The applicant/developer shall contact the City’s Graffiti Hot Line at 888-562-3822 within 24 hours of discovering the graffiti vandalism.

32. The applicant/developer and/or successor(s) in interest hereby agrees to allow the City and/or its agents to enter the property for the purpose of removing or painting over graffiti vandalism, if the applicant/developer and/or successor(s) in interest fail to remove the reported graffiti vandalism within the 24 hours of discovering the graffiti or receipt of notice from the City.

33. In the event that applicant/developer and/or successor(s) in interest, fail to remove the graffiti vandalism within 24 hours, requiring the City and/or its agents to enter the Project Site for the purpose of removing or painting over graffiti vandalism the Applicant / Developer and/or successor(s) in interest shall release the City and/or its agents from any liability for property damage or personal injury. And shall reimburse to the City all costs associated with the removal of the graffiti vandalism.

5 34. The applicant/developer and/or successor(s) in interest shall include the aforementioned authorizations to enter the Project Site for the purpose of removing or painting over graffiti vandalism as part of authorization agreement to the satisfaction of the Community Development Department and the approval of the City Attorney, as to form.

Police Department Conditions

35. The applicant/developer shall comply with all applicable federal, state and City laws and regulations.

Building & Safety Department Conditions

36. Project shall comply with the adopted California Building Standards Code (Title 24, California Code of Regulations) and other adopted City Ordinances which include the following:
a. CA Building Code
b. CA Plumbing Code
c. CA Mechanical Code
d. CA Electrical Code
e. CA Fire Code
f. CA Green Building Standards Code
g. CA Energy Code

37. As applicable, automatic fire sprinkler systems shall be installed in all new construction as per Chapter 9 of the California Building code and per City Ordinance. Design and type of system shall be based upon the requirements of the California Building Code, the California Fire Code and the requirements of the Fire Department.

38. The requirements of the Department of Environmental Health Services and the Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

39. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall obtain a Temporary Use Permit and comply with the City of Desert Hot Springs requirements.

40. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the property line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the property line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case-by-case basis for extenuating circumstances.

6 41. All property lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become non-conforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

42. The Tract or Parcel map shall record prior to the issuance of any permits.

Mission Springs Water District Conditions
Water Service
Water service is currently available for the project subject to the following conditions of service:

43. The developer must comply with all the rules, laws, ordinances, and regulations of the Mission Springs Water District at the time the water service application is submitted.

44. The point of connection for water service shall be the existing 4’’ water main located in the easement at the rear of the lots.

45. The developer must apply for water service and submit payment of all District fees, charges, and deposits for the new lots. Fees will be based on the required meter size. All fees are subject to change due to the actual time of application for services from the District.

46. The developer shall be required to submit maximum NFPA 13D fire sprinkler demand and minimum pressure required for the new lots to determine the required meter size.

47. The developer shall be required to apply for current fire hydrant flow tests from MSWD at their expense for use in determining available pressure and flow for the lots.

Sewer Service
Sewer Service is currently available to the lots through the existing MSWD public sewer subject to the following conditions of service:

48. The developer must comply with all rules, laws, ordinances, guidelines, and regulations of the Mission Springs Water District at the time of application of sewer service.

7 49. MSWD ordinance does not allow service across parcel boundaries, streets or alleys to serve a separate property.

50. The point of connection for the southern lot shall be the existing 4’’ sewer lateral located at the westerly right-of-way line of Cactus Drive.

51. The point of connection for any new lateral shall be the existing 8” sewer located in Cactus Drive.

52. The developer shall be required to apply to MSWD for construction of any new sewer lateral by a contractor licensed and insured in accordance with District requirements at their sole expense.

53. The developer must make an application for sewer service with payment of all fees, charges, and deposits at the time of application for the new lots.

54. Sewer laterals shall not be allowed under concrete driveways without specific MSWD approval for any case.

Landscape
As applicable per City requirements:

All new and rehabilitated residential and commercial development shall comply with the Mission Springs Water District’s Water Efficient Landscaping Guidelines (guidelines are available at www.mswd.org). This policy requires outdoor water conservation practices within the MSWD service area, specifically: (1) the creation of landscape plans featuring the use of California native desert friendly plants; and (2) the preparation of irrigation plans detailing water efficient irrigation technology systems (e.g., drip irrigation, evapotranspiration irrigation controllers, etc.) appropriate to an arid desert climate. For additional details regarding plan check and inspection fees, please contact Engineering via email at [email protected] or (760) 329-6448 ext. 127.

” ” ” ” ” ” ” ” SHEET 2 SHEET 2

SR-25-034
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 18, 2025
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Hacienda Avenue Improvement Project – First Amendment to Professional Services Agreement with Kimley Horn
RECOMMENDATION:

Authorize the City Manager to negotiate and execute the First Amendment to the Professional Services Agreement with Kimley Horn, increasing the contract amount by $71,115.00 for a total contract amount not to exceed $230,005.00, for the Hacienda Avenue Street Improvement Project.

BACKGROUND:

The Hacienda Avenue Improvement Project includes the design and construction of safety improvements which include new sidewalk with ADA accessible driveways, new buffered bike lane, new parkway with landscaping, new streetlights, new ADA ramps, and new striped crosswalks. The improvements will extend along Hacienda Avenue from West Drive to Tamar Dr. These improvements will provide a safer pedestrian and bicycle access route to various schools, parks, transit route stops, commercial areas, and residential neighborhoods.

DISCUSSION:

On January 19, 2021, the City Council authorized the execution of the Professional Services Agreement for the Hacienda Avenue Improvement Project with Kimley-Horn and Associates, Incorporated in the amount not to exceed $158,890.00 with a contingency of $15,889 (10%) for any additional work as approved by the City, which brings a total budget of $174,779.00.

On May 4, 2021, the City Council approved contract language changes to the Professional Services Agreement for the Hacienda Avenue Improvement Project with Kimley-Horn.

During the design there was one change order approved in an amount not to exceed $39,640, for additional services which included extending the scope of work limits from Foxdale Drive to Tamar Drive, and the completion of Stop Sign Warrant analysis at 3 locations, Hacienda Ave at Cactus Drive, Hacienda Avenue at Ocotillo Road, and Hacienda Avenue at Verbena Drive. This was approved as it was necessary to move the project forward to completion of design.

On December 12, 2024, The City Council awarded the construction agreement to All American Asphalt. The construction is estimated to start March 3rd, 2025 and be completed by March 2026.

SR-25-034
In order to continue to move forward during construction, the City requires construction support services from the design engineer Kimley Horn. Kimley Horn has submitted Change Order request number 2 in an amount not exceed $31,475, that provides the following Construction Support Services;
 Construction and Field Meetings
 Submittals Review
 Request For Information (RFI)
 Plan Revisions
Staff is recommending City Council approve the First Amendment to the Professional Services Agreement with Kimley Horn, increasing the contract amount by $71,115.00 for a total contract amount not to exceed $230,005.00. The First Amendment includes the totals for Change Order 1 and Change Order 2 for the Hacienda Avenue Street Improvement Project. Below is an updated breakdown of costs:

Original Contract Amount $ 158,890.00
Change Order 1 $ 39,640.00
Change Order 2 $ 31,475.00
First Amendment Sub Total $ 71,115.00
New Contract Amount $ 230,005.00
FISCAL IMPACT:

Funding for this contract included $50,000 from Measure A and the remaining $124,779 from SB1 funding. The $71,115 increase for the First Amendment will come from Measure A Funding for FY 2024-2025 and 2025-2026.

ATTACHMENTS:
1) First Amendment Kimley Horn
2) Kimley Horn - Construction Support Services

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND

KIMLEY-HORN ASSOCIATES INCORPORATED
This First Amendment (hereinafter, the “First Amendment”), is made and entered into as of the 18th day of February, 2025, by and between the City of Desert Hot Springs, hereinafter referred to as the "City,” and KIMLEY-HORN ASSOCIATES Incorporated, a 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 KIMLEY-HORN ASSOCIATES Incorporated, a corporation, dated 19th January, 2025 (hereinafter, the “Agreement”), for Consultant to provide the City with Engineering Design Services for the Hacienda Avenue Street Improvement Project in the amount not to exceed $158,890.00; and
WHEREAS, the Parties desire to amend the Agreement to increase the compensation and term provisions set forth in the Agreement.

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 First Amendment by this reference, as though fully set forth herein.

Section 4. SECTION 4 - COMPENSATION
Section 4 of the Agreement is hereby revised to read as follows:

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, 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 TWO HUNDRED THIRTY THOUSAND, FIVE DOLLARS AND ZERO CENTS ($230,005.00).

Section 4. ATTORNEY'S 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 First Amendment or as a result of any alleged breach of any provision of this First Amendment, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 5. COUNTERPARTS
This First 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 6. CONFLICTS
In the event there exist any conflicts between the terms of this First Amendment and the original Agreement, the terms of this First Amendment shall be superseding.

Section 7. REMAINING PROVISIONS
All other remaining terms and conditions of the Agreement shall remain unchanged.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
______________________________
Frank Luckino, City Manager
ATTEST:

_____________________________
Jerryl Soriano, City Clerk

APPROVED AS TO FORM:

_____________________________
Jennifer Mizrahi , City Attorney
NV5 INC

________________________________
Jeffery M. Cooper, Senior Vice
President

kimley-horn.com 73-700 Dinah Shore Drive Unit 101 Palm Desert, CA 92211 760 640 0819 December 13, 2024
Mr. Daniel Porras, PE
Assistant City Manager
/City Engineer
11999 Palm Drive
Desert Hot Springs, CA 92240
RE: Proposal for Construction Support for the Hacienda Avenue Improvement Project – Amended Project Limits Dear Mr. Porras:

Kimley‐Horn and Associates, Inc. (Kimley‐Horn) is pleased to submit this Amendment to our Proposal for the Hacienda Avenue Improvement Project, dated November 10, 2020.

PROJECT UNDERSTANDING
Based on your email dated December 12, 2024, Kimley‐Horn understands that the City desires Kimley‐Horn to provide construction support services for the Hacienda Ave project.

Based on our experience with similar projects we anticipate the following services:

SCOPE OF SERVICES
Task 1: Construction Support During the Construction Phase Construction and Field Meetings
Kimley‐Horn with attend up to 5 (1 person) in person meetings at City Hall or Construction site.

Kimley Horn will attend up to 10 (1 person) virtual meetings.

Submittal Reviews
Kimley‐Horn will review up to 20 submittals with up to 8 resubmittals total.

Request For Information (RFI)
Kimley‐Horn will review and respond to up to 10 RFIs.

Plan Revisions
Kimley‐Horn will make revisions to the construction drawings on a as needed base to address changes in field conditions. Up to 40 hours are assumed for this task.

kimley-horn.com 73-700 Dinah Shore Drive Unit 101 Palm Desert, CA 92211 760 640 0819

FEE AND EXPENSES
Kimley‐Horn proposes to provide these additional services per the attached fee summary to a total not‐to‐exceed budget of $39,640.

TASK Description Fee

1.1 Construction and Field Meetings $5,340

1.2 Submittals $14,300

1.3 RFI $9,000

1.4 Plan Revisions $8,175
TOTAL $31,475

CLOSURE
This proposal has been prepared as an amendment to our Proposal for the Hacienda Avenue Improvement Project dated November 10, 2020, and all modifications to the City’s sample Professional Services Agreement listed on Page 2 of above referenced document shall apply. Should you have any questions or require additional information, please contact me at (760) 610‐0819 or via email at frank.hoffmann@kimley‐horn.com.

Sincerely,
Frank Hoffmann, PE Jean Fares, P.E
#61839 Senior Vice President

SR-25-037
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 18, 2025
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Third Amendment to Professional Services Agreement with NV5 Inc for Asneeded Engineering Plan Check Services and City Engineering Support Services
RECOMMENDATION:

Authorize the City Manager to negotiate and execute the Third Amendment to the Professional Services Agreement for engineering plan check services between the City and NV5 Incorporated, increasing the Engineering Plan Check Services for fiscal year 2024-2025 from $180,000 to $500,000, for fiscal year 2025-2026 from $180,000 to $500,000; and adding a task order for Asneeded City Engineering Support Services for fiscal year 2024-2025 in an amount not to exceed $125,000, and for fiscal year 2025-2026 in an amount not to exceed $250,000.

BACKGROUND:

The City currently contracts with NV5 Inc. for as-needed engineering plan check services. Those services include plan checking grading plans, water quality management plans, hydrology reports, street improvement plans, parcel mergers, lot line adjustments, parcel maps, and tract maps. The City collects plan check fees from developers for all engineering plan checks, and utilizes those funds to offset the costs of NV5 plan check services. NV5 Inc. completes plan checks within a 2 week period, and the fees for the services are collected from the applicant. The plan check services are only as-needed.

On November 7, 2023, the City Council approved the First Amendment to Plan Checking Services with NV5 Inc, increasing the contract amount from $20,000 to $120,000 to cover additional plan check expenses that were expected to come in with large projects such as Project Viento (100 Acres).

On May 21, 2024, the City Council approved the Second Amendment to the Professional Services Agreement for engineering plan check services increasing the contract amount to an amount not to exceed $180,000 for fiscal year 2023/2024, $120,000 for fiscal year 2024/2025, and $120,000 for fiscal year 2025/2026.

DISCUSSION:

Since then the City has received additional plan check submittals from other large projects which now require an additional increase in contract amount to cover those costs. The City is currently recruiting for the Associate Engineer and Engineering Technician positions, in order to continue to move

SR-25-037
projects forward through the plan check process during the recruiting process, the demand for outsourcing engineering plan check services has increased, therefore an increase in the overall contract amount is necessary. Due to Staff turnover there has also been a need for additional City Engineering services for coverage on City Engineering inquiries and public demand.

NV5 Inc. has the capability of providing as-needed City Engineering Services as an added task order to their current agreement. Therefore Staff is recommending adding the as-needed City Engineering Support Services task order to their scope of work of their agreement. The scope of work for asneeded City Engineering Support Services will include the following tasks below, a proposal is attached as Exhibit 2,
 Consultant City Engineer
 General Public Works Management/Administration
 Engineering Plan Check Services
 Geotechnical Services
 Hydrology
 Pre-entitlement Review
 Professional Surveying
 Traffic Engineering
 Natural Disaster Response
 Construction Management and Inspection Services
If approved the proposed Third Amendment to the Professional Services Agreement will make the following changes:
1) Increase the total As-needed Engineering Plan Check Services for the following fiscal years and corresponding amounts;
•Fiscal year 2024-2025 from $180,000 to $500,000;
•Fiscal year 2025-2026 from $180,000 to $500,000;
2) Add Task Order of As-needed City Engineering Support Services for the following fiscal years and corresponding amounts;
•Fiscal year 2024-2025 in an amount not to exceed $125,000. •Fiscal year 2025-2026 in an amount not to exceed $250,000.

FISCAL IMPACT:

Plan check services are funded by plan check fees paid at the time of submitting plans for permits.

Any increase in the cost of plan check services will be covered by an increase in plan check fees. Asneeded City Engineering Support Services will have an offset in salary savings while Staff is recruiting for the open Engineering positions.

ATTACHMENTS:
1) Third Amendment NV5
2) NV5
3) NV5 As Needed City Engineering Services Scope of Work

SR-25-037

THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
NV5 INC.

This Third Amendment (hereinafter, the “Third Amendment”), is made and entered into as of the 18th day of February, 2025, by and between the City of Desert Hot Springs, hereinafter referred to as the "City,” and NV5 Inc, a Consultant, 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 NV5 Inc, a corporation, dated 2nd day of November, 2023 (hereinafter, the “Agreement”), for Consultant to provide the City with Plan Check Services as directed by the City on an as needed basis in the amount not to exceed $180,000; and
WHEREAS, the Parties desire to amend the Agreement to increase the compensation and term provisions set forth in the Agreement.

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 Third Amendment by this reference, as though fully set forth herein.

Section 2. EXHIBIT A- SCOPE OF WORK
Exhibit “A” – Scope of Services is hereby superseded and replaced by Exhibit A, which is attached hereto and incorporated herein.

Section 4. SECTION 4 - COMPENSATION
Section 4 of the Agreement is hereby revised to read as follows:

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, 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. Five Hundred Thousand Dollars and Zero Cents ($500,000) for Fiscal Year 2024-2025 as to Engineering Plan Check Services.
b. Five Hundred Thousand Dollars and Zero Cents ($500,000) for Fiscal year 2025-2026 as to Engineering Plan Check Services.
c. One Hundred Twenty-five Dollars and Zero Cents ($125,000) for Fiscal year 2024-2025 as to City Engineering Support Services.
d. Two Hundred Fifty Dollars and Zero Cents ($250,000) for Fiscal year 2025- 2026 as to City Engineering Support Services.

Section 4. ATTORNEY'S 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 First Amendment or as a result of any alleged breach of any provision of this First Amendment, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 5. COUNTERPARTS
This First 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 6. CONFLICTS
In the event there exist any conflicts between the terms of this First Amendment and the original Agreement, the terms of this First Amendment shall be superseding.

Section 7. REMAINING PROVISIONS
All other remaining terms and conditions of the Agreement shall remain unchanged.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
______________________________
Frank Luckino, City Manager
ATTEST:

_____________________________
Jerryl Soriano, City Clerk

APPROVED AS TO FORM:

_____________________________
Jennifer Mizrahi , City Attorney
NV5 INC

________________________________
Jeffery M. Cooper, Senior Vice
President

EXHIBIT “A”

SCOPE OF SERVICES
See Attached
City Engineering Support Services
Proposal Dated January 9, 2025

42829 Cook Street, Ste. 104 | Palm Desert, CA 92211 | www.NV5.com | Office 760.341.3101 January 9, 2025
Daniel Porras, PE, Assistant City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Re: City Engineering Support Services
Dear Mr. Porras,
Thank you for the opportunity to meet to discuss city engineering support services to facilitate review of private development projects as well as capital project delivery for the City of Desert Hot Springs (City). NV5, Inc. proposes Tim Jonasson, PE, to provide staff augmentation as contract City Engineer and primary contact for coordinating other support services listed below in the Scope of Services. As you are aware, Mr. Jonasson has previously worked as a Public Works Director and/or City Engineer for several other Coachella Valley and Southern California cities and brings extensive land development and public works experience to the City. (Please see his attached resume.) He is supported by similarly experienced staff out of NV5’s Palm Desert office.

We propose the following Scope of Services for the City:

1. City Engineer: Office Hours will be 12-16 hours/week, depending on workload, including one day per week at City Hall with availability for scheduled meetings as needed. Engage with residents, contractors, developers and other City consultants either in person or virtually as needed to assure high levels of customer service.

2. General Public Works Management/Administration: Assist with administration of various transportation grants and other funding streams. Assist the Public Works Department in analyzing or recommending CIP Projects for short- and long-term efficiencies. Aid in reviewing public bidding documents, requests for proposals and potentially participate in the selection process. Review and recommend efficiencies to City policies and procedures related to the engineering division operations. Coordinate with adjacent agencies and/or utilities on behalf of the City.

3. Engineering Plan Check Services: Coordinate plan check services between the consulting team and engineering staff members. Coordinate all aspects of the permitting process from plan check review to final inspection, and bond release, including, but not limited to: direct the issuance of grading permits, review of soils and hydrology reports, recommend conditions of approval, review and approve bond and developer-provided information related to Subdivision Improvement Agreements.

4. Geotechnical: Review and evaluate geology and geotechnical engineering reports.

Review foundation and grading plans for proposed development projects to assure compliance with applicable regulations.
• Hydrology: All hydrology and/or hydraulic calculations will be reviewed in conformance with County Flood Control District Methodology.

• Pre-Entitlement Review Support
• CIP: Provide engineering support to the City’s Project Management team for capital improvement projects, review technical reports, plans and specifications for public bidding in support of City Projects, and review change orders associated with capital projects.
• Professional Surveying: Provide backup city surveyor services as requested, including map check for development projects and field survey for CIP projects. • Traffic Engineering: Provide backup city traffic engineering services as requested. • Natural Disaster Response: Assist with emergency repairs of public infrastructure. • Construction Management and Inspection Services: If requested by the City, provide construction management and/or construction inspection for private development and capital projects.

It is assumed that the terms and conditions of NV5’s existing engineering plan check contract will apply to the above-listed services, which will be performed at the attached rate schedule. If you have any questions or require additional information, please contact Tim Jonasson at (760) 250-6722 or [email protected].

Sincerely,
NV5 Inc.

Tim Jonasson, PE Jeffrey M. Cooper, PE
Project/Program Manager EVP, Chief Operating Officer

PN: 2820225-0003103.00

RESUME
Project Experience
Contract City Engineer
CITY OF PALM DESERT | PALM DESERT, CA
City Engineer. Mr. Jonasson has overseen land development support, including providing city engineering services for the City’s Development Services Department and coordinating review of high-profile private development projects with the City’s Public Works Department.

Contract City Engineer
CITY OF PALOS VERDES ESTATES | PALOS VERDES ESTATES, CA City Engineer. Mr. Jonasson was responsible for managing all capital improvement projects and private development review. He also provided traffic engineering technical support to the City Council, Planning Commission and Traffic Safety Committee.

Public Works and Design and Development Director
CITY OF LA QUINTA | LA QUINTA, CA
Public Works and Design and Development Director. Mr. Jonasson oversaw a Capital Improvement Program (CIP) budget of $14.7M and a department operating budget of $5.3M. He provided expertise and guidance to the executive team and City Council, with additional responsibility for flood plain administration, stormwater protection compliance, approval of plans for capital projects and private development and administration of the Lighting and Landscape District. He served as a working director leading a department of 27 full-time employees (Public Works, Planning & Building) while providing oversight of all private development entitlement and permitting, contracts for capital project management, construction inspection, traffic engineering, fleet maintenance, and street and landscape maintenance. He worked closely with the Coachella Valley Water District and Imperial Irrigation District. Some of his key initiatives included:
• Instituted the Americans with Disabilities Act (ADA) Transition Plan to improve all city facilities, including public buildings, parks and sidewalks to current ADA standards. • Provided project management for the SilverRock Resort, the City’s largest redevelopment project, a $100M investment, including an Arnold Palmerdesigned golf course, which opened in 2005, and continuing with private luxury hotels, residential and commercial retail components.
• Reviewed and approved new commercial development and redevelopment of all commercial centers along Highway 111.
• Chaired CVAG’s Signal Synchronization subcommittee to synchronize traffic signals valley-wide.

TIMOTHY R. JONASSON, PE
Program/Project Manager + City Engineering Services
A longtime Coachella Valley resident, Mr. Jonasson has 30+ years of development management, plan review oversight, design, CIP program management, design management, NPDES/water quality compliance, and construction management experience in municipal public improvement projects, including roads, drainage, water, sewer, traffic, grading, parks, recreational facilities, parking lots and parking structures. He has served as construction manager and design engineer on a variety of municipal improvement projects, including bridge construction, street and landscape improvements, water and wastewater improvements, parks construction and rehabilitation, golf course improvements, and transportation facilities.

CONTACT INFO
[email protected]

EXPERIENCE
30 years

EDUCATION
Masters, Business
Administration
B.S. Civil Engineering

LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 45843

AFFILIATIONS
American Public Works
Association (APWA)
American Society of Civil
Engineers (ASCE)
Society of American
Military Engineers (SAME)

PUBLIC SERVICE
Active-duty Platoon
Leader, U.S. Army Corps of
Engineers (3 years)
Beyond Engineering NV5 | 1 Page 90 of 374
NV5, INC.

Palm Desert Office Rate Schedule
Technical Services
Engineering Aide/Planning Aide ................................................................................ $65.00/hour Project Assistant ........................................................................................................ $98.00/hour Project Administrator ............................................................................................... $102.00/hour CADD Technician I .................................................................................................... $109.00/hour CADD Technician II ................................................................................................... $132.00/hour CADD Technician III .................................................................................................. $147.00/hour Senior CADD Technician/Designer ......................................................................... $157.00/hour Professional
Junior Engineer/Planner/Surveyor ......................................................................... $110.00/hour Assistant Engineer/Planner/Surveyor .................................................................... $136.00/hour Associate Engineer/Planner/Surveyor ................................................................... $147.00/hour Senior Engineer/Planner ......................................................................................... $175.00/hour Associate Project Manager ……….………………………………….................................... $185.00/hour Entitlement Engineer/Planner ................................................................................ $200.00/hour Project Manager ....................................................................................................... $240.00/hour Associate .................................................................................................................. $250.00/hour City Engineer ........................................................................................................ $250.00/hour Principal .................................................................................................................... $285.00/hour Construction Management
Construction Manager ............................................................................................. $175.00/hour Inspector* ............................................................................................................... $164.00/hour Surveying
1-Person Field Crew* .............................................................................................. $198.00/hour 2-Person Field Crew* .............................................................................................. $330.00/hour 3-Person Field Crew* .............................................................................................. $445.00/hour Senior Surveyor ………………………………………………………………………………………….. $170.00/hour Survey Manager ....................................................................................................... $225.00/hour Expenses:

Deliveries/Reproduction/Subconsultant Services ...................................................... Cost + 10% Mileage .................................................................................................................. per IRS standard Rates are effective through December 31, 2025. If contract assignment extends beyond that date, a new rate schedule will be added to the contract.
* Assumes prevailing wages are applicable for fieldwork. ** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate.

Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate.

SR-24-210
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 18, 2025
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Selection of Pre-qualified Peer Review Environmental Consultants RECOMMENDATION:

Approve the list of environmental consultants for Category 2, Pre-qualified Peer Review Environmental Consultants and authorize the City Manager to negotiate Professional Services Agreements with the selected consultants.

BACKGROUND:

On April 25, 2024, the City of Desert Hot Springs issued a Request for Qualifications for Professional On-Call Environmental and Planning Services. Responses were due by May 16, 2024 by 5:00 pm.

The RFQ sought professional services in four categories:
1) Pre-qualified Environmental Consulting Services
This category expands the list of pre-qualified CEQA/NEPA consultants providing services to development projects within the City. The City would maintain the list of consultants to provide to potential developers. Developers would contract directly with the consultant without the City's involvement.
2) Pre-qualified Peer Review for Environmental Consulting Services This category would expand the list of pre-qualified peer review consultants that would typically review CEQA studies from a firm that is not on the pre-qualified list (Category 1) or where additional expertise is needed by staff to review a more complex CEQA/NEPA study. A consultant would provide a quote to review a CEQA/NEPA study to the City and applicant. The consultant would be paid directly by the City after receiving a deposit from the applicant that covers the cost of the review plus the City's administrative fee of 20%. No City funds would be used to pay the consultant.
3) Planning and Environmental Services (directly for the City of Desert Hot Springs) This category would contract directly with the City to provide planning and environmental services for various City projects which may include: Specific Plans including an update to the Downtown Specific Plan, General Plan updates, Zoning Ordinance updates, design of parks, trails, and

SR-24-210
streetscape, support for the Housing Element implementation and affordable housing in general, etc. The City would contract directly with the consultant to perform a specific task. 4) Staff Augmentation Planning Services (directly for the City of Desert Hot Springs at City Hall)
This category would provide staff augmentation for planning services in the event there are vacancies in City staff positions or there is a surge in workload. The City would contract directly with the consultant to provide the support.

The RFQ included a copy of the City's standard Professional Services Agreement for the interested proposers to review.

DISCUSSION:

This category of consulting services would assist the City in performing its duties as lead agency in the review and determinations of CEQA and NEPA studies. These contracts are to provide peer review services of environmental documents. Typically, these services are needed when a CEQA/NEPA document has been prepared by a consultant that is NOT on the pre-qualified list (Category 1). In some instances, peer review may be needed even when a CEQA/NEPA document has been prepared by a consultant that is on the pre-qualified list. This would be due to the complexity of the study. The peer review work is conducted through a deposit from a developer to cover the costs of the review plus a 20% administrative fee. No peer review consultant would not be able to review a document that they created.

The City last requested these services through an RFP in May of 2019. At that time Champers Group was selected to be the City's sole peer review consultant. In the current RFQ, City staff wanted to expand the list of peer review consultants from one to three to provide more options in reviewing consultants. Staff is recommending that three peer review consultants be selected.

In the selection process, two City staff members reviewed the qualifications and ranked the firms based on the evaluation criteria in the RFQ. In addition, the City asked an outside reviewer from another City to assist in scoring the proposals to provide additional objectivity. The scores were ranked according to the criteria in the RFQ and then compiled and ranked. The ranking is included in the attachment below. Thirteen (13) firms provided their qualifications for this category of which three (3) firms were selected by staff to be on the pre-qualified peer review list. The term of the contract is proposed at five years. The top three ranked consulting firms selected are: Terra Nova Planning and Research, First Carbon Solutions, and Chambers Group.

FISCAL IMPACT:

The cost for a Peer Review Environmental Consultants to review a CEQA/NEPA study would be borne by the applicant. The City would receive a 20% administrative fee to cover its cost in administration.

ATTACHMENTS:
1) RFQ - Environmental-Planning - REVISED
2) RFQ Scoresheets -- Category 2
3) Professional Services Agreement Category 2 - Terra Nova FINAL 4) Professional Services Agreement Category 2 - Chambers Group - FINAL

SR-24-210
5) Professional Services Agreement Category 2 - FCS - FINAL 6) Proposals

1 REQUEST FOR QUALIFICATIONS

FOR PROFESSIONAL ON-CALL ENVIRONMENTAL AND

PLANNING SERVICES
April 25, 2024
Revised May 16, 2024
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
www.cityofdhs.org
Contact:

Travis Clark
Community Development Director
(760) 329-6411 ext. 240

2 Contents

1. General Information ................................................................................................. 4 A. Introduction to Desert Hot Springs.................................................................... 4 B. The Community Development Department ................................................... 4 C. City Priorities........................................................................................................ 5 D. Description of Service Categories.................................................................... 5

2. Category 1 – Pre-qualified Environmental Consulting Services ........................... 6 A. Background ........................................................................................................ 6 B. Potential Scope of Work.................................................................................... 7 C. Submission Requirements .................................................................................. 8 D. Evaluation Criteria.............................................................................................. 8

3. Category 2 - Pre-qualified Peer Review for Environmental Consulting Services 9 A. Background ........................................................................................................ 9 B. Potential Scope of Work.................................................................................... 9 C. Submission Requirements ................................................................................ 10 D. Evaluation Criteria............................................................................................ 11

4. Category 3- Planning and Environmental Services (Directly for the City of Desert Hot Springs).................................................................................................. 11 A. Background ...................................................................................................... 11 B. Potential Scope of Work.................................................................................. 11 C. Submission Requirements ................................................................................ 12 D. Evaluation Criteria............................................................................................ 12

5. Category 4 -Staff Augmentation Planning Services (At the City of Desert Hot Springs City Hall)...................................................................................................... 13 A. Background ...................................................................................................... 13 B. Potential Scope of Work.................................................................................. 13 C. Submission Requirements ................................................................................ 14 D. Evaluation Criteria............................................................................................ 14

6. RFQ Schedule:......................................................................................................... 15

7. Selection Process.................................................................................................... 16

8. Term of Contracts ................................................................................................... 16

9. Legal Information.................................................................................................... 16

3 10. Sample Professional Services Agreement.......................................................... 17

4 1. GENERAL INFORMATION
A. Introduction to Desert Hot Springs
The City of Desert Hot Springs, hereinafter referred to as the City, is one of the fastest growing cities within the Coachella Valley. With a population of around 33,000, the City had a 96% growth rate over the past 20 years. The City’s beginnings were built on the foundation of the renowned mineral waters (both hot and cold) which led to the development of many hotels and spas in the mid-20th century. Commercial development soon arose around the City’s two main arteries – Pierson Avenue and Palm Drive. Later on, Desert Hot Springs was one of the first cities to permit cannabis production including cultivation, manufacturing, testing, and dispensaries. Most recently, the City has seen an increase in the development of new housing in planned communities. Also new logistics centers are moving into the City’s industrial zoned area given its proximity to the I-10 freeway.

B. The Community Development Department
The Community Development Department consists of two divisions - Building and Planning:

The Building Division is responsible for overseeing the construction of residential, commercial, and industrial projects within the city. The division provides plan review services for design professionals, developers, contractors, and property owners. Once plans are approved, the division issues building permits for construction and inspects the work for conformance to the California Building Code and approved plans. After construction is finalized, a certificate of occupancy is issued. The division consists of two counter permit technicians, two building inspectors and a building official. In-house staff with the Riverside County Fire Department also assists with plan review and inspections.

The division works closely with the Planning Division and the Code Compliance Department.

The Planning Division is focused on implementing the community’s vision, policies, and objectives for land use, housing, transportation, public facilities, and open space as directed by the City Council. These are set forth in the City of Desert Hot Springs General Plan, Zoning Ordinance (Title 17), and Specific Plans. The division also ensures new development adheres to the California Environmental Quality Act or CEQA and where applicable, the National Environmental Policy Act (NEPA). New development proposals are reviewed for consistency with these policy documents by examining impacts to land use, transportation, parks, utilities, and the environment. The division also oversees

5 application of the city’s design guidelines, development standards, and planning requirements for site design, architecture, landscape architecture, and signage. New major developments projects are presented to the Planning Commission for entitlement review and approval. The division works closely with the Building Division, and the Engineering Division of Public Works.

Long-range planning projects include supporting efforts to revitalize downtown, enhance the Arts and Culture District, amend the Zoning Ordinance to comply with State law, improve circulation within the City, and implement the policies and objectives set forth by the community.

C. City Priorities
Some of the City’s priorities include downtown development, increasing housing (and meeting RHNA goals), increasing tourism and promoting hotel/spa destinations, extending utilities to south Palm Drive, improving the cannabis industry, and assisting small businesses.

D. Description of Service Categories
The City of Desert Hot Springs is inviting Statements of Qualifications from qualified consulting firms, hereinafter called Consultants, to provide environmental and planning services to the City. To be considered for this contract, firms must meet the qualifications and satisfy the requirements as stated in this Request for Qualifications (RFQ). On-call services are desired for the following categories. Consultants may submit qualifications for one or more or all of the categories:

1. Pre-qualified Environmental Consulting Services

2. Pre-qualified Peer Review for Environmental Consulting Services

3. Planning and Environmental Services (directly for the City of Desert Hot Springs)

4. Staff Augmentation Planning Services (directly for the City of Desert Hot Springs at City Hall)
Each category is described in detail in the following sections. A consulting firm may submit qualifications for all four categories. If qualified in more than one category, the City will not permit a consulting firm to review its own work. For example, if a consulting firm performs work as a pre-qualified environmental services firm, it could not review its own planning or CEQA documents as a pre-qualified peer review consulting firm. Any conflict of interest, potential or perceived, will not be permitted and the City will err on the side of caution in the creation and review of all planning and environmental documents.

6 1. Prospective Consultants are required to carefully and fully investigate all of the requirements of this RFQ. By submitting a Statement of Qualifications, the Consultant represents and certifies to the City that such investigation has been completed and that it fully understands the Scope of Work.

2. The City reserves the right to reject any and all Statement of Qualifications where deemed necessary.

3. The City will not reimburse Consultants for any costs involved in the preparation and submission of Statement of Qualifications. Furthermore, this RFQ does not obligate the City to accept or contract for any expressed or implied services.

4. The City reserves the right to request any Consultant submitting a Statement of Qualification to clarify its submission or to supply additional material deemed necessary to assist in the selection process.

5. All submitted Statement of Qualifications and information included therein or attached thereto shall become public record.

6. Consultants are requested to provide any exceptions, additional information or suggestions that will aid in the City’s selection process.

7. The Consultant is required to follow the organization in Section C. Submission Requirement for each particular category in formatting their responses. If responding to more than one category, the complete information is required for that category even if duplicative of information provided in another category.

Separate submission packages are required for each category.

8. Any questions regarding this RFP should be referred, to Travis Clark, Community Development Director at [email protected] by May 16, 2023.

2. CATEGORY 1 – PRE-QUALIFIED ENVIRONMENTAL CONSULTING SERVICES A. Background

7 This category establishes a list of one or more pre-qualified environmental consulting firms, herein called Environmental Consultant, to provide environmental services directly to project developers related to meeting the requirements of the California Environmental Quality Act (CEQA) as well as the National Environmental Policy Act (NEPA) where applicable. Currently, the City has three pre-qualified environmental services consulting firms:

1. Terra Nova Planning and Research, Inc.

2. ECORP Consulting

3. MSA Consulting
The City will vet the qualifications of all consultants selected to be on the pre-approved list. Generally, the work of a pre-qualified Environmental Consultant does NOT need to be peer reviewed unless it contains specialized information that requires technical analysis and review as needed by City staff. The City will provide a list of pre-qualified Environmental Consultants to prospective project developers for their consideration, however developers are able to select their own consultant. Selection of an Environmental Consultant is at the will of a project developer and the City does not get involved in the selection process or payment for services. The City will NOT take a deposit for the Consultant’s work. Payment of services to the Environmental Consultant is made directly by the project developer to the Environmental Consultant. The City reserves the right to contract directly with a pre-qualified environmental consulting firms for a City project if in need of specialized consulting services beyond Category 3.

B. Potential Scope of Work
Consultants will be required to complete checklists and prepare environmental studies that may result in a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report (EIR), or supplemental studies. Potential Tasks include:

1. Conduct the Initial Study under CEQA using the required standardized CEQA checklist.

2. Prepare potential CEQA documents including Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Supplemental Environmental Impact Reports, or Addendum to Mitigated Negative Declarations and Environmental Impact Reports.

3. Conduct all studies necessary for a complete environmental analysis including any related studies such as Jurisdictional Delineations for the U.S. Army Corps of Engineers, and Letters of Map Revision/ Conditional Letters of Map Revisions (LOMR/CLMOR) for FEMA as needed.

4. Draft AB 52 and SB 18 letters as needed.

5. Submit to the State Clearing House

6. Prepare and distribute potential Notices of Availability, Notices of Completion and Notices of Determination during the appropriate time in the project’s schedule.

8 7. Assemble, review, and respond to public comments.

8. Prepare the potential environmental analysis sections for staff reports and/or resolutions.

9. Assemble and distribute final environmental documents that are necessary.

10. Prepare other potential NEPA/CEQA documents such as Mitigation Monitoring Programs, Findings of Fact, and Statement of Overriding Considerations.

C. Submission Requirements
Provide the following information for this category:

1. Provide the name of the Environmental Consultant, address, telephone number, and email address of the contact person on the cover page.

2. Provide an organizational chart and list all employees who may be involved in providing this service.

3. Provide the resume of the Consultant’s Project Manager and of any other key staff with experience in NEPA/CEQA. Staff should have experience in working with the public, making presentations, and writing staff reports.

4. Provide a list of sub-consultants that are routinely used on NEPA/CEQA studies by the Environmental Consultant when the work is not done in-house. These can include engineers, biologists, air quality and greenhouse gas specialists, archeologists, architects, etc. Include contact information such as company name, address, contact person, telephone number, and email address.

5. Provide a list of CEQA/NEPA documents prepared for local or state governments the Consultant has completed in the last three (3) years. Include the project name, a brief paragraph description, client, year completed, type of document (NEPA/CEQA – Neg-Dec, MND, EIR, Addendum, etc.), and the entitlement outcome (approved or disapproved).

6. Describe the Environmental Consultant’s experience in Entitlement Review beyond environmental studies such as preparations of masterplans, specific plans, and tract maps, as well as routine presentations to Planning Commissions, City Councils, or Board of Supervisors.

7. Provide five (5) references with contact information for similar types of services provided to project developers including local governments.

8. Provide a Cost Schedule of all Employees (Hourly Fully Burdened Rate) and any Administrative Costs.

D. Evaluation Criteria
The Statement of Qualifications will be ranked by the following Criteria:

1. Resources of Environmental Consultant and subconsultants – 20 points

2. Experience of Project Manager and key staff – 20 points

9 3. Related experience in environmental consulting – 30 points

4. Related experience in entitlement review process beyond environmental consulting – 10 points

5. References – 10 points

6. Costs of services – 10 points

3. CATEGORY 2 - PRE-QUALIFIED PEER REVIEW FOR ENVIRONMENTAL

CONSULTING SERVICES
A. Background
This category establishes a list of one or more pre-qualified environmental review consulting firms (Peer Review Consultant) to provide peer review of the work for consulting firms that are NOT on the pre-qualified list (Category 1). Occasionally, the Peer Review Consultant may review the work of pre-qualified environmental consulting firms when specialized analysis and review of technical data is needed by City staff.

Currently, the City has one pre-qualified peer review environmental services consulting firm:

1. Chambers Group, Inc.

The City will contract with one or more Peer Review Consultants to review environmental studies and documentation that are NOT conducted by a pre-qualified Environmental Consultant. There may be instances when those studies are for projects that are relatively simple and peer review would not be needed.

This will be done by first obtaining an estimated cost from the Peer Review Consultant by the City. An amount will be collected from the project developer as a deposit for the peer review. Payment will be made after the Peer Review Consultant completes the review. Peer Review Consultants are required to have the expertise on staff or within their subcontractors to review all technical studies provided in a NEPA/CEQA analysis.

B. Potential Scope of Work

1. Review NEPA/CEQA documents from project developers including Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Supplemental Environmental Impact Reports, or Addendums to Environmental Impact Reports.

2. Review all studies completed for the environmental analysis including any related studies such as Jurisdictional Delineations for the U.S. Army Corps of Engineers, and Letters of Map Revision/ Conditional Letters of Map Revisions (LOMR/CLMOR) as needed.

10 3. Review mitigation measures and monitoring programs from the study for conformance with all applicable local, State, and Federal laws and regulations.

4. Review (if needed) Notices of Availability, Notices of Completion and Notices of Determination during the appropriate time in the project’s schedule.

5. Review the Response to Comments provided by the pre-qualified environmental consultant.

6. Review any environmental analysis sections of staff report, Findings of Fact, Statement of Overriding Considerations, and/or resolutions (if required).

7. Review any final environmental documents that are necessary.

C. Submission Requirements
Provide the following information for this category:

1. Provide the name of the Environmental Consultant, address, telephone number, and email address of the contact person on the cover page.

2. Provide an organizational chart and list of all employees who may be involved in providing this service to the City.

3. Provide the resume of the Consultant’s Project Manager and of any other key staff with experience in review of NEPA/CEQA. Staff should have experience in working with the public, making presentations, and writing staff reports.

4. Provide a list of sub-consultants that are routinely used in the review of NEPA/CEQA studies by the Environmental Consultant when the work is not done in-house. These can include engineers, biologists, air quality and greenhouse gas specialists, archeologists, architects, etc. Include contact information such as company name, address, contact person, telephone number, and email address.

5. Provide a list of CEQA/NEPA documents reviewed for local or state governments the Consultant has completed in the last three (3) years. Include the project name, a short paragraph project description, client, year completed, type of document (NEPA/CEQA – Neg-Dec, MND, EIR, Addendum, etc.), and the entitlement outcome (approved or disapproved)

6. Describe the Environmental Consultant’s experience in Entitlement Review beyond environmental studies such as review of masterplans, specific plans, and tract maps.

7. Provide five (5) references with contact information for similar types of services provided to project developers or local governments.

8. Provide a Cost Schedule of all Employees (Hourly Fully Burdened Rate) and any Administrative Costs.

11 D. Evaluation Criteria
The Statement of Qualifications will be ranked by the following Criteria:

1. Resources of Consultant and subconsultants – 20 points

2. Experience of Project Manager and key staff – 20 points

3. Related experience in environmental consulting – 30 points

4. Related experience in entitlement review process beyond environmental consulting – 10 point

5. References – 10 points

6. Costs of services – 10 points

4. CATEGORY 3- PLANNING AND ENVIRONMENTAL SERVICES (DIRECTLY FOR

THE CITY OF DESERT HOT SPRINGS)
A. Background
This category creates a list of one or more planning and environmental consultants, hereinafter known as Planning Consultant, that have capabilities to provide comprehensive planning and environmental services directly to the City. City projects that may require planning and environmental consulting services can include:
• Updating the Zoning Code (Title 17)
• Updating the City’s General Plan or Elements therein
• Updating the City’s Housing Element
• Updating the City’s land use/zoning maps
• Developing Specific Plans and other area specific planning documents • Compiling demographic and economic data
• Site specific planning and environmental support for specific development projects undertaken by the City such as affordable housing, government facilities, infrastructure facilities, park and recreational facility development, etc.

The City will contract directly with the Planning Consultant and issue a Purchase Order for each task. Payments will be made directly to the Planning Consultant.

B. Potential Scope of Work

1. Preparation of Planning Documents such as General Plans (or elements), Specific Plans, Masterplans, or Area Plans and related environmental documents needed for project clearance.

2. Conduct outreach meetings with the public on plans including workshops, community and neighborhood meetings, public hearings, on-line communications platform (e.g. Zoom), social media, and print media.

12 3. If needed, participate in potential meetings and presentations with staff, department heads, the Planning Commission, and City Council.

C. Submission Requirements
Provide the following information for this category:

1. Provide the name of the Planning Consultant, address, telephone number, and email address of the contact person on the cover page.

2. Provide an organizational chart and list all employees who may be involved in providing this service to the City.

3. Provide the resume of the Consultant’s Project Manager and of any other key staff with experience in the development of Planning Documents. Staff should have experience in working with the public, making presentations, and writing staff reports.

4. Provide a list of sub-consultants that are routinely used in the development of Planning Documents by the Planning Consultant when the work is not done inhouse. These can include engineers, architects, landscape architects, graphic designers, demographers, etc. Include contact information such as company name, address, contact person, telephone number, and email address.

5. Describe the Planning Consultant’s broad experience in the preparation of masterplans, specific plans, and tract maps, as well as routine presentations to Planning Commissions, City Councils, or Board of Supervisors.

6. Provide a list of Planning Documents prepared for local or state governments the Consultant has completed in the last three (3) years. Include the project name, a brief paragraph description, client, year completed, type of document (General Plan, Specific Plan, Master Plan, Area Plan, etc., and the entitlement outcome (adopted, approved, disapproved, etc.)

7. Provide five (5) references with contact information for similar types of services provided to local governments.

8. Provide a Cost Schedule of all Employees (Hourly Fully Burdened Rate) and any Administrative Costs.

D. Evaluation Criteria
The Statement of Qualifications will be ranked by the following Criteria:

1. Resources of Consultant and subconsultants – 20 points

2. Experience of Project Manager and key staff – 20 points

3. Related experience in environmental consulting – 30 points

4. Related experience in entitlement review process beyond environmental consulting – 10 point

13 5. References – 10 points

6. Costs of services – 10 points

5. CATEGORY 4 -STAFF AUGMENTATION PLANNING SERVICES (AT THE CITY OF

DESERT HOT SPRINGS CITY HALL)
A. Background
During vacancies in planning positions or temporary absences of City planners, the City may have the need for additional staff support. Staff augmentation planning services, hereinafter called Staff Augmentation Provider, would act in the role of an Assistant or Associate Planner taking direction from the Principal Planner.

The City is open 4 days a week from 7 am to 6 pm, being closed on Fridays. Generally, the busiest times are 8 am to 5 pm with Thursdays typically being the busiest. The City is flexible on the days and times of support and will work with the Staff Augmentation Provider on the appropriate levels of support during staff absences.

The City will contract directly with the Staff Augmentation Provider and issue a Purchase Order for a period of support. Payments will be made directly to the Consultant.

B. Potential Scope of Work

1. Answer general questions from the public, builders, developers, or other agencies relating to planning and community development that may come via telephone, email, or at the front counter.

2. Review potential application packages for completeness on projects such as General Plan Amendments, Zone Changes, Specific Plans, Specific Plan Amendments, Subdivision Maps, and Development Permits, Design Reviews, and Conditional Use Permits.

3. Review Site Plans, Architectural Elevations, and Landscape Plans for compliance with City Regulations.

4. Coordination with applicants, conducting plan checks, and performing final inspections and for compliance with approved plans.

5. If needed, participate in potential developer meetings such as Pre-Application Meetings, Scoping Meetings, and Development Review Meetings.

6. Prepare necessary Hearing Notices and Staff Reports for the Planning Commission and City Council.

14 7. Prepare transmittals and coordinate with responsible or reviewing Agencies.

8. Assist the City’s in preparation of visual displays such as PowerPoint.

C. Submission Requirements

1. Provide the name of the Staff Augmentation Provider, address, telephone number, and email address of the contact person on the cover page.

2. Provide an organizational chart and list of all employees who may be involved in providing this service to the City.

3. Provide the resume of the resource(s) that would be assist the City with staff augmentation.

4. Provide the resumes of any other staff that would be involved in aspects of managing those resources.

5. Provide three (3) references for similar types of services provided to project developers including local governments.

6. Provide a Cost Schedule of all Employees (Hourly Fully Burdened Rate) and any Administrative Costs.

D. Evaluation Criteria
The Statement of Qualifications will be ranked by the following Criteria:

1. Resources of Consultant – 30 points

2. Experience of proposed resource(s) – 50 points

3. References - 10 points

4. Costs of services – 10 points

15 6. RFQ SCHEDULE:

The following is the City's tentative schedule for the selection of a consulting firms to provide Planning and Environmental Services to the City:

1. RFQ issued April 25, 2024

2. RFQ Question Deadline May 16, 2024

3. Deadline for filing Statement of Qualifications May 30, 2024

4. City review of Statement of Qualifications June 3 – June 6, 2024

5. Interviews (If needed) June 10-11, 2024

6. City Council Approval of Consultants TBD
Prior to 5:00 p.m. on May 30, 2024, provide five (5) hard copies of the Statement of Qualifications and an electronic version (either e-mailed or submitted via USB Storage Device) to:

Travis Clark
[email protected]
Community Development Director
Community Development Department
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
All Statement of Qualifications must be received by the City no later than 5:00 PM, PST, May 30, 2024, where at such time and said place Any Statement of Qualifications received after that time and date specified shall NOT be considered.

All questions regarding this RFQ should be directed to Travis Clark, Community Development Director at [email protected]. Contact with City of Desert Hot Springs personnel other than those listed above regarding this RFQ may be grounds for elimination from the selection process. If you are interested in receiving answers to questions and/or updates contact Travis Clark as soon as possible so that you will have the most current information.

The City will also accept questions via email; however, all emailed questions must be received by the City no later than 5:00 PM, PST, May 16, 2024. Send email questions to Travis Clark, Community Development Director at [email protected]. Inquiries

16 received after 5:00 PM May 16, 2024 will not be accepted or answered. Responses from the City will be communicated in writing to all parties who have expressed interest in this RFQ via e-mail.

7. SELECTION PROCESS
City staff will rank each Statement of Qualifications using the evaluation criteria in each category above. The City may select one or more consultants from each category.

8. TERM OF CONTRACTS
All contracts in each category will be for a five-year period.

9. LEGAL INFORMATION

1. The City of Desert Hot Springs has outlined the Scope of Work for each category in this document.

2. The Consultant shall defend, indemnify, and hold the City of Desert Hot Springs, its officers, agents, volunteers, and employees free and harmless from any and all causes of action or claims of damages arising out of or related to the Consultant’s performance under this contract.

3. The City reserves the right to negotiate terms and scope of work with the highest ranked Consultants. If an agreement cannot be negotiated the City reserves the right to negotiate with the next ranked Consultant.

4. Selected Consultants are required to comply with all existing State and Federal labor laws. If the Consultant out-sources any work or job to a Sub-Contractor/SubConsultant, it will be the prime Consultant’s responsibility to ensure that all SubContractors/Consultants meet the requirements as stated in this RFQ.

5. Before execution of any potential contract, the selected Consultant will be obligated to provide evidence of liability insurance to include: Worker’s Compensation, General Liability, and Automobile Liability of $1,000,000 per occurrence, $2,000,000 aggregate.

6. The successful Consultants will be independent contractors, and nothing shall be construed to cause the Consultants to be deemed or represent itself as an employee of the City.

17 7. Any evidence of agreement or collusion among Consultants acting illegally to restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the Statement of Qualifications of such Consultant void.

8. The selected Consultants agree to maintain a City of Desert Hot Springs Business License for the duration of the retainer agreement.

9. Future potential contracts between any Consultant and the City are nontransferable. Consultants shall not assign any potential agreement without written permission of the City. Consultants shall notify the City, in writing, of any potential change in ownership at least thirty (30) days prior to said change.

10. Prohibited Interest – No officer, elected official, or employee of the City of Desert Hot Springs shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s SubContractors/Consultants for this project, during his/her tenure or for one (1) year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Desert Hot Springs has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub-Contractors/Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

10. SAMPLE PROFESSIONAL SERVICES AGREEMENT

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
_______________________________
This Professional Services Agreement (“Agreement”) is made and entered into this _____ day of ___________, 20____, 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 ___________________________, a ________________________, hereinafter referred to as “Contractor.” RECITALS:

WHEREAS, the City desires to utilize the services of Contractor, as an independent contractor, to provide the City with ________________________________ (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated by reference as the “Scope of Services”; 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 COVENANTS, CONDITIONS

AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES 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
Contractor 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. Except where this Agreement specifically provides otherwise, the Contractor is responsible for providing any and all facilities, assets, and resources (including personnel, facilities, equipment, and software) necessary and appropriate for delivery of the Services and to meet the Contractor's obligations under this Agreement.

Any City assets to which access is being provided for use by the Contractor (including equipment, software licenses and third party service contracts) are provided on an “as is,

where is” basis, and the City does not provide the Contractor any representations or warranties regarding such assets.

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 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 Contractor for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Contractor agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, _____________________________ Dollars and ___________ Cents ($_____.___) per hour, and estimate Contractor shall provide ________ hours a week of Services to the City, subject to Section 2 of this Agreement, in a total amount not to exceed __________________________ Dollars and ____________ Cents ($______.___). The amount of this Agreement shall not exceed ____________________________.

Section 5. METHOD OF PAYMENT
a. Contractor shall submit invoices to the City, not more often than once a month, describing the work performed. Contractor’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 Contractor 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 Contractor shall submit invoices under this Agreement to:

City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129

Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Contractor 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.

Contractor shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
This Agreement may be terminated by the City Manager, in his/her sole discretion, 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, Contractor shall be entitled to compensation for services performed up to the effective date of termination, provided that Contractor 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 clarification, the City Manager in his/her sole discretion shall have the power to terminate this Agreement with or without cause in accordance with this Section.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without prior written consent of the City, be used by Contractor 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. Contractor will make all reasonable efforts to keep such information confidential and to limit access only to those who require it for performance, Nothing furnished to Contractor that is otherwise known to Contractor, is generally known in the industry, or has become known to the related industry shall be deemed confidential.

b. Contractor shall not use the City’s insignia or photographs relating to Contractor’s Services, or any publicity pertaining to the Contractor’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. CONTRACTOR’S BOOKS AND RECORDS
a. Contractor 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 Contractor pursuant to this Agreement. b. Contractor 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 Contractor’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 Contractor’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 Contractor, Contractor’s representatives, or Contractor’s successorin-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

OF THE CITY
Contractor 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 Contractor or any of Contractor’s employees, except as herein set forth. Contractor shall be entirely responsible for the compensation and control of any assistants, employees, and subcontractors used by Contractor in providing said services. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Contractor or by any third person to create the relationship of principal and agent and Contractor 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. Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall

Contractor 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 CONTRACTOR
a. Contractor represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Contractor or its employees for Contractor 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 Contractor 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 Contractor to perform the services described in this Agreement. (6) Contractor 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 and will so instruct its officers, employees and/or agents.
b. The City represents and acknowledges the following:
(1) Contractor is not required to comply with daily instructions from City staff with respect to when, where or how Contractor must perform the services set forth in this Agreement.
(2) Contractor is solely responsible for determining who, under the supervision or direction of Contractor, will perform the services set forth in this Agreement. (3) The City will not hire, supervise or pay any assistants working for Contractor pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Contractor must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

(5) It is the sole responsibility of Contractor to set the hours in which Contractor performs or plans to perform the services set forth in this Agreement subject to hours of access.
(6) Contractor is not required to devote full time to the business operations of the City to perform the services set forth in this Agreement. (7) Contractor 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 Contractor from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Contractor is not required to perform the Services at City-owned property.
(10) Contractor will perform services that are outside the usual course of the City’s business.

Section 13. CIVIL CODE SECTION 1542 WAIVER
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 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 (“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

Section 14. CONFLICTS OF INTEREST
a. Contractor (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 Contractor’s services hereunder.

Contractor 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. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
(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 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 the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

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

LICENSES

a. Contractor 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, Contractor 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 Contractor 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 Contractor’s risk until written instructions are received from the City Manager or appropriate City representative. d. Contractor 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
Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION
a. Contractor shall defend, indemnify and hold harmless the City, its 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 officials, agents, employees or volunteers.
b. 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. c. Notwithstanding the provisions of subsections a. and b. 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. d. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor 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. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. f. This Section shall survive termination or expiration of this Agreement.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Contractor, at Contractor’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Contractor shall maintain Worker’s Compensation Insurance and Employers’ 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 and for Employers’ Liability Insurance in amounts not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. In addition, Contractor shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employers’ 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 Contractor pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor 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. Contractor 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. 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 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. Contractor shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Contractor 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, Contractor shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Contractor 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. Contractor shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s Services, whether such Services are performed by Contractor or by its employees, subcontractors, or subContractors, to the extent such persons other than Contractor 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 an A.M. 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 Contractor, 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. Contractor 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, Contractor may either reduce or eliminate such deductibles or selfinsured 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 Contractor 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. 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. 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 Contractor to perform any part of the Services, 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 consistent with Section 18b(1) hereof.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that 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, 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 has been eliminated. g. Failure to Obtain Coverages. 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 it or any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Contractor 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, Contractor shall provide written notice to the City either by facsimile and/or via certified mail, at Contractor’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Contractor 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:

To Contractor:

City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
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 Contractor 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 Contractor pursuant to this Agreement; c. Retain a different Contractor to complete the Services that are not finished by Contractor.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Contractor 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 all parties.

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Contractor, 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 Contractor under this Agreement will be permitted only with the written consent of the City. b. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the advance written consent of the City. If the City consents to such subcontract, Contractor 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
Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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
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, 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, 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.

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

Section 33. PRINCIPAL REPRESENTATIVES
a. ____________________, shall be Contractor's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Contractor'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 Contractor's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. ____________________, shall be the Principal Representative of the City for purposes of communicating with Contractor 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 Contractor, 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 Contractor 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. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages.

b. The performance of services by Contractor shall not relieve Contractor 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 Contractor.

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, Contractor 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 Contractor shall survive any such termination.

Section 45. USE OF RECYCLED PRODUCTS
Contractor 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
_____________________________
_____________________________
Frank Luckino, City Manager

ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Tuan-Anh Vu, City Attorney
_____________________________
_____________________________
N:\DHSO\0001-01 General\Doc\6051

EXHIBIT “A”

SCOPE OF SERVICES

Category 2 - Pre-Qualified Peer Review for Environmental Consulting Services (Pass -Through) FIRMS Resources of Environmental Consultant & Subconsultants Experience of Project Manager and Key StaffRelated Experience in Environmental ConsultingRelated Experience in Entitlement Review Beyond Environmental ConsultingReferencesCosts of ServicesTOTAL Maximum Score 20 20 30 10 10 10 100
Scores Travis Patricia Diane Average Travis Patricia Diane Average Travis Patricia Diane Average Travis Patricia Diane Average Kat Travis Patricia Diane Average Altum Group 19.0 16.0 17.0 17.3 17.0 16.0 17.0 16.7 26.0 26.0 26.0 26.0 9.0 7.0 7.0 7.7 8.0 8.0 8.0 8.0 8.0 83.7 Chambers Group 19.0 18.0 18.0 18.3 18.0 19.0 18.0 18.3 26.0 28.0 26.0 26.7 9.0 8.0 6.0 7.7 8.0 6.0 7.0 6.0 6.3 85.3 ECORP Consulting 18.0 18.0 18.0 18.0 17.0 18.0 15.0 16.7 27.0 28.0 27.0 27.3 9.0 9.0 8.0 8.7 9.0 5.0 6.0 5.0 5.3 85.0 EPD Solutions 16.0 15.0 16.0 15.7 17.0 16.0 15.0 16.0 26.0 25.0 27.0 26.0 9.0 8.0 7.0 8.0 9.0 4.0 7.0 5.0 5.3 80.0 First Carbon Solutions 19.0 19.0 19.0 19.0 18.0 19.0 17.0 18.0 27.0 27.0 29.0 27.7 8.0 8.0 9.0 8.3 8.0 7.0 7.0 7.0 7.0 88.0 Interwest 14.0 16.0 16.0 15.3 14.0 15.0 15.0 14.7 23.0 24.0 24.0 23.7 7.0 7.0 7.0 7.0 6.0 7.0 8.0 7.0 7.3 74.0 Kimley Horn 19.0 19.0 18.0 18.7 14.0 16.0 14.0 14.7 25.0 29.0 26.0 26.7 8.0 9.0 7.0 8.0 9.0 7.0 8.0 7.0 7.3 84.3 Meridian Consultants 17.0 18.0 19.0 18.0 16.0 18.0 14.0 16.0 24.0 27.0 29.0 26.7 7.0 8.0 6.0 7.0 7.0 7.0 7.0 7.0 7.0 81.7 Michael Baker International 19.0 17.0 19.0 18.3 16.0 18.0 19.0 17.7 24.0 26.0 25.0 25.0 9.0 8.0 8.0 8.3 9.0 7.0 6.0 7.0 6.7 85.0 MNS 16.0 17.0 17.0 16.7 16.0 16.0 15.0 15.7 26.0 28.0 26.0 26.7 9.0 8.0 7.0 8.0 9.0 6.0 6.0 6.0 6.0 82.0 T&B Planning 16.0 16.0 14.0 15.3 17.0 17.0 14.0 16.0 23.0 25.0 24.0 24.0 8.0 7.0 5.0 6.7 7.0 7.0 8.0 7.0 7.3 76.3 TerraNova 16.0 18.0 19.0 17.7 20.0 19.0 19.0 19.3 28.0 29.0 29.0 28.7 9.0 9.0 9.0 9.0 9.0 7.0 9.0 8.0 8.0 91.7 Ulttra Systems Environmental 17.0 16.0 19.0 17.3 17.0 16.0 14.0 15.7 24.0 26.0 29.0 26.3 8.0 7.0 9.0 8.0 8.0 8.0 7.0 7.0 7.3 82.7 Page 132 of 374

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
TERRA NOVA PLANNING AND RESEARCH, INC.

This Professional Services Agreement (“Agreement”) is made and entered into this 4th day of February, 2025, 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 Terra Nova Planning and Research, 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 Peer Review Environmental Consulting 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
a. 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.
b. Consultant shall provide as-needed and as-directed Services to the City only if the City secures adequate funding from developers and if the City requests and approves the Consultant’s estimated costs to provide the Services. c. The City may request a cost estimate from the Consultant to perform Services associated with specific projects and assignments. To assist the Consultant with calculating the cost estimate, the City shall provide Consultant with environmental documents, which can be either CEQA or NEPA studies required for potential development and can include Environmental Impact Reports (EIRs), Mitigated Negative Declarations, (MNDs), Negative Declarations (NDs), or Exemptions. d. 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 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
Compensation is contingent upon adequate funding provided by developers for projects which require the Services. If the City secures funding and approves the cost estimate provided by the Consultant as described in Section 2, the City will pay, and the Consultant shall accept, compensation for services in an amount not to exceed the funding deposited by the developers. The money deposited by the developers to the City shall be drawn down as the Consultant submits invoices to the City until the review is complete or the project is cancelled or withdrawn. The City is not required to pay any compensation out-of-pocket. The amount of this Agreement shall not exceed Two Hundred and Fifty Thousand ($250,000) Dollars for a period of 5 years from contract execution.

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:

Community Development Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
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 Manager, in his/her sole discretion, 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 clarification, the City Manager in his/her sole discretion shall have the power to terminate this Agreement with or without cause in accordance with this Section.

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 selfinsured 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: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129

To Consultant: Principal
Terra Nova Planning and Research, Inc.
42635 Melanie Place, Ste 101
Palm Desert, CA. 92211

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. Nicole Criste, 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. Travis Clark, 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. 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
__________
Travis Clark, Community Development
Director
________________________________
Frank Luckino, City Manager
ATTEST:

Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Tuan-Anh Vu, City Attorney

TERRA NOVA PLANNING AND RESEARCH
________________________________
Nicole Criste, Principal
N:\DHSO\0001-01 General\Doc\6051

EXHIBIT “A”

SCOPE OF SERVICES

1. Review NEPA/CEQA documents from developers including Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Supplemental Environmental Impact Reports, or Addendums to Environmental Impact Reports.

2. Review all studies completed for the environmental analysis including any related studies such as Jurisdictional Delineations for the U.S. Army Corps of Engineers, and Letters of Map Revision/ Conditional Letters of Map Revisions (LOMR/CLMOR) for FEMA as needed.

3. Review mitigation measures and monitoring programs from the study for conformance with all applicable local, State, and Federal laws and regulations.

4. Review (if needed) Notices of Availability, Notices of Completion and Notices of Determination during the appropriate time in the project’s schedule.

5. Review the Response to Comments provided by the pre-qualified environmental consultant.

6. Review any environmental analysis sections of staff report, Findings of Fact, Statement of Overriding Considerations, and/or resolutions (if required).

7. Review any final environmental documents that are necessary.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
CHAMBERS GROUP, INC.

This Professional Services Agreement (“Agreement”) is made and entered into this 4th day of February, 2025, 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 Peer Review Environmental Consulting 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
a. 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 Docusign Envelope ID: F19CB2B7-F5A9-413F-8863-C6F33208CDE0

same locality under similar conditions, as described in more detail in the Scope of Services.
b. Consultant shall provide as-needed and as-directed Services to the City only if the City secures adequate funding from developers and if the City requests and approves the Consultant’s estimated costs to provide the Services. c. The City may request a cost estimate from the Consultant to perform Services associated with specific projects and assignments. To assist the Consultant with calculating the cost estimate, the City shall provide Consultant with environmental documents, which can be either CEQA or NEPA studies required for potential development and can include Environmental Impact Reports (EIRs), Mitigated Negative Declarations, (MNDs), Negative Declarations (NDs), or Exemptions. d. 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 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
Compensation is contingent upon adequate funding provided by developers for projects which require the Services. If the City secures funding and approves the cost estimate provided by the Consultant as described in Section 2, the City will pay, and the Consultant shall accept, compensation for services in an amount not to exceed the funding deposited by the developers. The money deposited by the developers to the City shall be drawn down as the Consultant submits invoices to the City until the review is complete or the project is cancelled or withdrawn. The City is not required to pay any compensation out-of-pocket. The amount of this Agreement shall not exceed Two Hundred and Fifty Thousand ($250,000) Dollars for a period of 5 years from contract execution.

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 Docusign Envelope ID: F19CB2B7-F5A9-413F-8863-C6F33208CDE0

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:

Community Development Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
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 Manager, in his/her sole discretion, 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 clarification, the City Manager in his/her sole discretion shall have the power to terminate this Agreement with or without cause in accordance with this Section.

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 Docusign Envelope ID: F19CB2B7-F5A9-413F-8863-C6F33208CDE0

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 Docusign Envelope ID: F19CB2B7-F5A9-413F-8863-C6F33208CDE0

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 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.

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(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
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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;
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(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.

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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 negligent performance or willful misconduct in 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 Docusign Envelope ID: F19CB2B7-F5A9-413F-8863-C6F33208CDE0

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 Docusign Envelope ID: F19CB2B7-F5A9-413F-8863-C6F33208CDE0

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 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 ($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.

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