Desert Hot Springs City Council
July 1, 2025

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City of Desert Hot Springs
AGENDA

REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Housing Authority and Successor Agency to the Former Redevelopment Agency Board Tuesday, July 1, 2025
5:00 PM - Closed Session
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
CLOSED SESSION - 5:00 P.M.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS
At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.

CLOSED SESSION:

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6
Agency Designated Representatives: City Manager, Doria Wilms City Attorney, Jennifer Mizrahi
Employee Organization: Desert Hot Springs Employee Union (DHSEU)

2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve a transactional occurrence that might result in litigation

3. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED INITIATION

OF LITIGATION
Pursuant to Government Code Section 54956.9(d)(4) – One Case RECESS
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CITY ATTORNEY REPORT ON CLOSED SESSION

APPROVAL OF AGENDA
At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.

Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.

PUBLIC COMMENTS
At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.

Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.

Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS

CONFLICT OF INTEREST & LEVINE ACT DISCLOSURES
PUBLIC HEARINGS:

4. Resolution Affirming the Report of Public Nuisance Abatement Costs and Placing Them on the Tax Roll
Emily Granados, Management Analyst
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 9 - 19

7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council affirming the report of Public Nuisance Abatement Costs and placing them on the 2025-2026 tax roll.

Staff Report - SR-25-166 - Pdf

5. Lost Cultivation Crop Waiver Appeal Fee
Andrew Nielsen, Cannabis Compliance Supervisor
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting new user fees related to lost cultivation crop waiver denial hearings and the Nexus Study prepared therefor.

Staff Report - SR-25-136 - Pdf
21 - 27
ADMINISTRATIVE CALENDAR:

6. Formation of a Fire Services Ad Hoc Subcommittee
Scott Matas, Mayor
Recommendation: Ratify the formation of an ad hoc committee consisting of Mayor Matas and Councilmember Pitts.

Staff Report - SR-25-175 - Pdf
29 7. Phase Two Mural Program - Downtown Arts and Cultural District Doria Wilms, City Manager
Recommendation:

Authorize the City Manager to negotiate and execute a Professional Services Agreement with The Mural Supply Co. for the Curation of Phase Two of the Downtown Mural Program to include a minimum of (12) Twelve Murals in the Downtown Arts and Culture District in an amount not to exceed $250,000 from the Art in Public Places Fund.

Staff Report - SR-25-174 - Pdf
31 - 48

8. Professional Services Agreement for an Animal Adoption Specialist
Christina Newsom, Acting Deputy City Manager
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement with Danielle Munnik in the amount of $50,000 for animal 49 - 66

adoption services; 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-25-168 - Pdf

9. Ordinance Amending Desert Hot Springs Municipal Code Chapter

3.38 - Lost Cultivation Crop Waiver Appeal Fee
Andrew Nielsen, Cannabis Compliance Supervisor
Recommendation:

Introduce for first reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter

3.38 “Lost Cultivation Crop Waiver” of Title 3 "Revenue and Finance" of the Desert Hot Springs Municipal Code."
Staff Report - SR-25-137 - Pdf
67 - 74

10. Award Construction Agreement for the Reflection Park Phase II Project 4002
Raul Arauz, Associate Engineer
Recommendation:
1) Award the construction agreement for Reflection Park Phase II Project, City Project No. 4002, to the lowest responsive qualified bidder Landmark Associated Builders, Inc.; and
2) Authorize the City Manager to draft and execute the construction agreement for Reflection Park Phase II Project, City Project No. 4002, with Landmark Associated Builders, Inc., in an amount not to exceed $469,500.00, with a 10% contingency of $46,950.00 bringing the total amount to $516,450.00, and approve a total project budget in an amount of $561,448.00 for additional project expenses for construction management.

Staff Report - SR-25-181 - Pdf
75 - 338

11. Award Construction Agreement for the Wardman Park
Improvement Project, Project #: 4012
Raul Arauz, Associate Engineer
Recommendation:
1) Award the construction agreement for Wardman Park Project, City Project No. 4012, to the lowest responsive qualified bidder Landmark Associated Builders, inc.; and
2) Authorize the City Manager to draft and execute the construction agreement for Wardman Park Improvement Project, City Project No. 4012, with Landmark Associated Builders, Inc., in an amount not to exceed $179,500.00 (Base Bid), with a 10% contingency of $17,950.00 bringing the total amount to $197,450.00, and approve a total project budget in an amount of $232,442.00. for additional project expenses for construction management.

Staff Report - SR-25-178 - Pdf
339 - 549

12. Approval of Professional Services Agreement with Take Five Entertainment for 2025-2026 Downtown Outdoor Concert Series.

Roberta Crncic, Recreation and Community Services Director Recommendation:

Authorize the City Manager to enter into a Professional Services Agreement with Take Five Entertainment in the amount of $132,000 to produce 12 monthly outdoor concerts in the downtown for Fiscal Year 2025-2026; 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-25-169 - Pdf
551 - 585
CONSENT CALENDAR:

Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.

13. City Council Regular Meeting Minutes: June 17, 2025 Jerryl Soriano, City Clerk
Recommendation: Approve the minutes as presented; or as corrected.

Staff Report - SR-25-180 - Pdf
587 - 597

14. Second Reading and Adoption of an Ordinance Adopting an Engineering and Traffic Survey, Establishing Maximum Speed Limits
Jerryl Soriano, City Clerk
Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs Adopting an Engineering and Traffic Survey, Establishing Maximum Speed Limits on Streets Within the City of Desert Hot Springs, and Amending Section 10.32.010 of the Desert Hot Springs Municipal Code."
Staff Report - SR-25-179 - Pdf
599 - 908

15. Second Amendment to the Professional Services Agreement with Integrity Investigative & Compliance Services, LLC, for Cannabis Compliance Services
Emily Granados, Management Analyst
Recommendation:

Authorize the City Manager to negotiate and execute a Second Amendment to the Professional Services Agreement with Integrity Investigative & Compliance Services, LLC, for cannabis compliance services.

Staff Report - SR-25-167 - Pdf
909 - 925

16. (Successor Agency) Request for Subordination of Statutory PassThrough Payments in Connection with Proposed Issuance of Tax Allocation Refunding Bonds from the Successor Agency of the former County of Riverside Redevelopment Agency
Geoffrey Buchheim, Administrative Services Director
Recommendation:

Approve the Acknowledgement of the request by the Successor Agency to the Redevelopment Agency for the County of Riverside to subordinate the City of Desert Hot Springs’ Statutory Pass-through payments after the Successor Agency to the County former Redevelopment Area’s payment obligations for the 2025C Bonds.

Staff Report - SR-25-173 - Pdf
927 - 934

17. (Housing Authority) Declaration that Nine (9) Vacant Parcels of Real Property are Exempt Surplus Land Pursuant to California Surplus Land Act
Geoffrey Buchheim, Administrative Services Director
Recommendation:

Adopt a resolution of the Desert Hot Springs Housing Authority Board of Directors declaring that nine (9) vacant parcels of real property identified as APNs 638-152-006, 639-182-051, 639-191-048, 639-221-017, 641- 092-034, 667-120-018, 667-120-020, 667-120-021 and 667-120-022 are exempt surplus land pursuant to the California Surplus Land Act (Government Code § 54220 et seq.) and finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and taking related actions.

Staff Report - SR-25-170 - Pdf
935 - 950

18. First Amendment to Professional Services Agreement with Smith Garson, Inc. (formerly Smith Dawson and Andrews, Inc.) for Federal Advocacy Services
Emily Haecker, Senior Executive Analyst
Recommendation:

Authorize the City Manager to execute a First Amendment to the Professional Services Agreement with Smith Garson, Inc. (formerly Smith Dawson and Andrews, Inc.) for Federal Advocacy Services for an additional two-year term in an amount not to exceed $72,000.00 per year.

Staff Report - SR-25-164 - Pdf
951 - 955

19. School Resource Officer
Steven Shaw, Police Chief
Recommendation:

Authorize the City Manager to execute an agreement between the City of Desert Hot Springs and the Palm Springs Unified School District for the Police Department to provide one School Resource Officer for the 2025/2026 and 2026/2027 school years; with substantive edits to be 957 - 968

negotiated and approved by the City Manager and upon approval as to form by the City Attorney.

Staff Report - SR-25-162 - Pdf

20. Police Department Patrol Vehicle Purchase
Steven Shaw, Police Chief
Recommendation:

Authorize staff to purchase two (2) Ford Police Interceptor vehicles from Palm Springs Motors for a total cost of $109,459.18.

Staff Report - SR-25-163 - Pdf
969 - 970

21. Approval of Parcel Map 32029 for Skyborne Ventures, LLC Daniel Porras, Deputy City Manager
Recommendation:
1) Find that the Parcel Map No. 32029 is in substantial conformance with the previously approved tentative map;
2) Approve Parcel Map No. 32029 in accordance with the Conditions of Approval and contingent on plan check approval;
3) Accept any and all dedications as offered on the map for street and public utility purposes, and necessary easements;
4) Authorize the City Clerk and City Engineer to sign the map evidencing the City Council's approval; and
5) Authorize staff to process and file the map with the County Recorder's Office.

Staff Report - SR-25-171 - Pdf
971 - 1033

22. Approval of City's Title VI Program
Daniel Porras, Deputy City Manager
Recommendation: Approve the City's Title VI Program.

Staff Report - SR-25-172 - Pdf
1035 -
1072

PUBLIC COMMENTS
Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

ADJOURN

UPCOMING MEETING DATES
*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.

July 8 Planning Commission 6:00 p.m.

July 10 Public Safety Commission CANCELED
July 15 City Council Regular Meeting CANCELED

________________________________________________________________________________

NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.

Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.

Disclosure of Campaign Contributions (Levine Act - Government Code Section 84308) Pursuant to Government Code section 84308, members of the City Council are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City employees), franchises, discretionary land use permits and other entitlements if the Councilmember received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item in the previous 12 months. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a Councilmember in the previous 12 months are required to disclose that fact for the official record of the subject agenda item and shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient persons and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.

SR-25-166
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 1, 2025
Department: Code & Cannabis Compliance
Prepared by: Emily Granados, Management Analyst
Subject: Resolution Affirming the Report of Public Nuisance Abatement Costs and Placing Them on the Tax Roll
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council affirming the report of Public Nuisance Abatement Costs and placing them on the 2025-2026 tax roll.

BACKGROUND:

The City of Desert Hot Springs is responsible for addressing nuisance abatement for properties that do not comply with the Desert Hot Springs Municipal Code. To manage these issues, the City contracts with a local specialist to carry out the necessary corrective actions to ensure compliance with the affected parcels. Property owners are billed by the City to recover these costs, along with incidental expenses. If the property owners fail to respond to the billing request, the City must file a lien on the property’s title to recover the expenses. City staff is requesting Council approval of a resolution that would authorize the City to continue this process for the 2025-2026 Fiscal Year. If the resolution is approved, staff will submit the adopted resolution for placement with the Riverside County Treasurer-Tax Collector.

DISCUSSION:

The Public Nuisance Abatement Costs process requires that a public hearing be held before the City Council. This hearing allows property owners to provide feedback regarding the costs proposed to be assessed against their properties and to confirm those costs. Following the public hearing, the City Council must adopt a resolution for the 2025-2026 Fiscal Year, which will:
 Confirm the costs incurred by the City in performing nuisance abatement duties.

Item Number: 4.

SR-25-166
 Establish that the actual abatement costs will become a lien on the properties, recorded in the amount specified in the attached Exhibit “A.”
 Ensure that the resolution will be sent to the Riverside County Treasurer-Tax Collector so the assessment amounts can be entered on the property assessment rolls and collected through the property tax bill
FISCAL IMPACT:

The recording of these liens will allow the City to recover abatement costs using the County’s property tax collection system. The City aims to recoup the allocated budget amounts spent on nuisance abatements, including any incidental expenses for each property. For the 2025-2026 Fiscal Year, the projected recovery amount is $638,344.33. Code Compliance staff will continue collecting payments and accepting payment arrangements for outstanding costs to be assessed to property tax rolls for the 2025-2026 fiscal year until August 10, 2025. This may lead to the final dollar amount and property assessments being lower than the preliminary figures listed in Exhibit “A.” ATTACHMENTS:
1) Preliminary Nuisance Abatement List (Exhibit A to the Resolution) 2) Notice of Public Hearing-Template
3) Notice of Special Assessment-Template
4) Nuisance Abatement Resolution for PH FY25-26
Item Number: 4.

Exhibit "A" Preliminary Public Nuisance Abatement Costs for Fiscal Year 2024-2025

PARCEL NUMBER PROPERTY ADDRESS PROPERTY OWNER NAME TOTAL DUE WITH PENALTY 638-162-005 638-162-005 Stephen Martell; Dianne Martell $ 8,558.62639-164-021 639-164-021 Paras Zweig Development Company $ 2,530.92639-222-020 639-222-020 Cienfuegos Flores $ 1,159.16639-271-008 639-271-008 David Neiyer $ 1,717.07 639-281-003 639-281-003 Yoo-Lee Family Trust (Dated 2/15/07); Sang Hoon Lee $ 2,241.47 639-311-004 639-311-004 T & T 8th Street $ 2,830.92
639-322-008 639-322-008 Desiree Fischer $ 2,530.92
641-041-043 641-041-043 Palm Investment Group $ 2,530.92 641-051-023 641-051-023 Van Ed Trust (DTD 11/30/10); Eenenaam Edward A. Van $ 2,630.92 641-065-021 641-065-021 Abel Ivan Vasquez $ 1,917.07
641-081-004 641-081-004 Lily of the Valley Worship Center Church of God, Inc. $ 1,917.07 641-151-003 641-151-003 Neumiller Family Trust; Leo Kleiman $ 2,530.92 641-153-022 641-153-022 Chantell Odell $ 3,844.77
641-181-007 641-181-007 Maurice Ramone Hall; The Marcelin Hall Family Trust $ 2,217.07 641-214-005 641-214-005 Gatb Desert Holdings $ 3,144.77 641-262-003 641-262-003 Ryan Csaftis; Cecelia Csaftis $ 6,472.47 641-312-008 641-312-008 Arthur Diller $ 2,830.92
641-312-035 641-312-035 Integrity Builders, Inc. $ 4,644.77 642-070-017 642-070-017 Mount Tai Capital $ 3,844.77
644-041-015 644-041-015 Dacapias Domitila Family Trust (Dated 8/7/20); Dacapias Domitila Valadez $ 1,817.07 663-270-008 663-270-008 Snider Inv. $ 2,117.07
663-342-010 663-342-010 Saeed S. Oehme $ 6,458.62
664-100-006 664-100-006 Sherman Dorsey & Francine Dorsey 2021 Trust (5/7/21); Francine Dorsey $ 2,117.07 664-100-024 664-100-024 Amr Abdelfattah Hassanein; Jera Hassanein $ 2,948.27 664-130-003 664-130-003 Painted Peak, LLC $ 6,472.47
664-190-001 664-190-001 Coachella Valley Conservation Commission $ 1,917.07 665-142-025 665-142-025 Elvira Gutierrez Ortega $ 2,530.92 665-165-016 665-165-016 Norberto Torres $ 3,330.92
665-190-007 665-190-007 Coachella Valley Conservation Commission $ 2,230.92 667-070-001 667-070-001 Mei Fang Wang $ 2,830.92
638-083-005 9395 Calle Escorial Francisco P. Segura $ 3,458.77 661-341-020 9574 Via Real Nathan Dorfman; Lora Dorfman $ 2,717.07 638-173-033 9578 El Mirador Boulevard Lee A. Rhodes $ 12,958.62 661-490-017 9689 Puesta Del Sol Angel Sanchez; Christina M. Sanchez $ 2,617.07

Item Number: 4.
638-162-004 9810 Vista Del Valle Stephen Martell $ 13,030.92 639-033-005 10386 Santa Cruz Road Kathryn M. Siva $ 6,472.47 638-280-014 10645 Ambrosio Drive James Michael Scheuffele; Aimee Christine Scheuffele $ 2,217.07 639-145-002 10680 Sunset Avenue Majd Dayeh $ 2,930.92
664-301-016 10695 Avalon Place Megan L. Canale $ 1,717.07 639-262-016 11021 Sunset Avenue Thomas Wilhelm $ 2,230.92 638-315-001 11220 Pomelo Drive Lee Beatley; Dorothy Beatley $ 4,430.92 639-221-002 11560 West Drive Lorena Escarsega; Sabino Escarsega Jr. $ 10,507.97 639-221-025 11581 Cactus Drive Kirstie Lomeli $ 1,717.07 639-322-017 11740 Mesquite Avenue Desiree Fischer $ 3,744.77 639-322-016 11771 Upland Way My Way Re Solutions, Inc. $ 2,417.07 641-042-047 12155 Palm Drive Samuel Khachtryan; Arsen Khachatryan $ 10,514.02 642-032-003 12300 Ambrosio Drive BJJ Assoc. $ 6,244.77
644-055-006 12388 Redbud Road Palm Drive Associates, LLC $ 7,858.62 641-052-050 12425 Palm Drive Sanchez Garcias Family Revocable Living Trust DTD 09 $ 2,017.07 642-132-010 12555 Cuando Way Harold L. Cutler $ 1,817.07 642-113-013 12651 Agua Cayendo Road Kenneth J. Kaeser $ 5,544.77 642-082-001 12800 Foxdale Drive Negev Investments, LLC $ 15,086.32 641-204-021 13279 Palm Drive DHS Portfolio Assets $ 2,230.92 663-271-013 13310 Little Morongo Road Morongo Equity Partners 1, LLC $ 7,330.92 663-271-014 13310 Little Morongo Road 13310 Little Mo, LLC $ 8,030.92 663-271-026 13310 Little Morongo Road 13310 Little Mo, LLC $ 3,817.07 641-214-002 13340 Caliente Drive Lilia Rodriguez $ 2,617.07 641-194-013 13359 Ramona Drive Christopher Melendrez $ 1,817.07 641-212-005 13388 El Cajon Drive Jesus Baez $ 7,000.17
641-271-010 13405 Ocotillo Road Oje J. Uwadia; Helen O. Uwadia $ 9,744.77 663-354-013 13437 West Drive Bernardo Sanchez Gonzalez $ 2,617.07 641-271-004 13450 Palm Drive Yaw Family Trust (Dated 9/20/2020); Yang Ae Woo $ 11,872.47 641-251-020 13721 Palm Drive DG Strategic II $ 3,617.07 642-242-007 13753 Inaja Street Lillian Plascencia $ 3,679.57 641-321-018 13855 Verbena Drive Michael S. Shabtai $ 1,817.07 641-322-019 13875 Luis Drive CCSSAA, Inc. $ 2,017.07
663-384-009 13940 Del Ray Lane Miguel Cortez $ 2,630.92 656-040-014 14200 Palm Drive Vons Co, Inc. $ 3,617.07
665-030-072 14250 Little Morongo Road Empire 6 $ 2,617.07 656-070-020 15775 Palm Drive Teodoro Santibanez Gonzalez $ 2,817.07 657-290-007 19400 Beacon Way Minas Inv, Inc. $ 3,117.07 664-080-026 63605 Scenic Drive Ramon Rodriguez $ 2,317.07 666-280-001 64615 Dillon Road Jeffrey D. Brooker $ 7,430.92 666-290-009 64665 Thumb Drive LSH Holdings $ 1,917.07
665-030-016 65090 San Jacinto Lane DHS Properties Group $ 4,230.92

Item Number: 4.
661-490-006 65408 Salida Del Sol Place Alexander John Diaz $ 1,717.07 665-030-075 65441 Two Bunch Palms Trail Two Bunch Palms Trail $ 1,717.07 661-490-002 65474 Salida Del Sol Place Nathalie Paulette Rodriguez $ 3,044.77 664-171-008 65855 8th Street Spa City Rental Trust (DTD 1/13/23); Daniel Phillip Garcia $ 8,621.72 663-311-009 65861 Buena Vista Avenue Lilian V. Beltran $ 2,630.92 663-304-005 65935 Acoma Avenue Malcolm McLean $ 1,717.07 664-172-019 65974 6th Street Danielle Scott $ 1,917.07
641-032-002 66021 Cahuilla Avenue Brian Davila LTD $ 1,717.07 641-032-044 66022 Desert View Avenue Nationstar Mortgage, LLC $ 12,391.62 639-022-022 66042 14th Street Equity Trust CO $ 1,817.07 639-022-004 66049 Santa Rosa Road Leslie Avalos Sarabia $ 1,717.07 638-132-004 66051 Avenida Cadena Hannah Than Nguyen $ 3,514.12 639-021-004 66051 Mission Lakes Boulevard Carlos Sanchez $ 2,644.77 639-022-025 66072 14th Street DG Certified $ 36,110.18
639-021-028 66082 Santa Rosa Road Quantum Evolution $ 1,717.07 639-221-051 6088 3rd Street John R. Corsey; Tae Corsey $ 22,372.47 639-062-018 66092 10th Street Erick Bernardo Rodriguez Rivera; Rocio Isabel Vasquez Pacheco $ 7,944.77 639-061-008 66097 12th Street Roberto Chavez Calderon; Gloria Esperanza Chavez $ 2,830.92 639-182-035 66098 6th Street Mary Connie Perez $ 10,372.47 639-031-008 66101 14th Street Carlos Alvaro Garcia $ 1,817.07 641-031-011 66107 Buena Vista Avenue Michael S. Shabtai $ 4,530.92 641-031-037 66116 Cahuilla Avenue Dolores Leona McSwain $ 3,844.77 639-031-010 66125 14th Street Jose Nedeli Alvarado Gutierrez; Vilfred Alvarado Gutierrez $ 2,417.07 638-141-033 66150 Avenida Ladera Su Juan Chang $ 2,617.07 639-232-016 66155 1st Street Ere Investment $ 23,430.47 641-064-007 66155 Desert View Avenue Sara O. Ruelas Vea $ 3,658.62 639-231-043 66156 1st Street Lawrence Adams $ 2,530.92
638-132-012 66157 Avenida Cadena Steve N. Barrientez; Emma N. Maldonado $ 4,617.97 641-022-034 66160 Buena Vista Avenue Ivan Quiroz $ 3,044.77 656-480-023 66167 Agave Way Christopher Gonzalez $ 1,817.07 639-031-032 66170 San Juan Road Maria Elena Acosta Chavez; Yadira A. Lopez $ 1,717.07 639-022-016 66175 Santa Rosa Road Harry Arrusi $ 2,617.07 641-022-032 66176 Buena Vista Avenue Everardo Gonzalez Lopez $ 5,530.92 639-031-015 66205 14th Street Gustavo Adolfo Alvarez; Maria Mercedes Alvarez $ 1,817.07 641-031-023 66221 Buena Vista Avenue William Scott Sr.; William D. Scott Jr. $ 6,607.92 639-192-048 66236 4th Street Phantom Investments, LLC; Hayk Terzyan $ 2,917.07 639-231-020 66239 2nd Street Hesau Cruz; Irene Ambriz $ 2,630.92 641-074-009 66241 Flora Avenue Cash 777 $ 3,858.62
639-242-005 66770 Granada Avenue Daniel Branstrom $ 2,017.07 639-251-004 66309 2nd Street Jamal C. Hyde $ 10,597.92
639-242-008 66327 3rd Street Rick Allen Holtzapple $ 2,117.07

Item Number: 4.
639-212-013 66399 5th Street Diwakar Raman; Suba Raman $ 3,044.77 641-091-009 66339 Flora Avenue Tristan Julius Vanderman $ 14,730.92 641-052-010 66353 Cahuilla Avenue Coachella Valley Housing Coalition $ 3,044.77 639-211-008 66365 6th Street Michael Koukladas $ 5,044.77 639-212-036 66406 4th Street David E. Snider $ 1,717.07 641-101-011 66590 Acoma Avenue Seelman Family Trust (DTD 09/09/2021); Ahmed M. Shuibi $ 2,617.07 641-301-010 66713 Joseph Way Alma N. Bejarano $ 5,244.77 639-322-011 66756 1st Street CCSSAA, Inc. $ 2,330.92
641-132-003 66783 Cahuilla Avenue Khoa Jim Tan Lam; Cecille B. Navarro $ 4,103.86 641-172-006 66815 Granada Avenue Nettie Cetina; Ana Carolina Cetina $ 4,786.32 639-302-009 66844 4th Street Naima Greffron $ 3,744.77
641-161-038 66866 Estrella Avenue Daryl Wilson; Carmen Wilson $ 15,525.02 641-281-012 66900 Ironwood Drive Hany H. Baghdady; Mary E. Baghdady $ 2,630.92 641-172-033 66912 Hacienda Avenue Sheryl Piland $ 1,817.07 642-041-005 67221 Pierson Boulevard Flamingo Spa Hotel $ 10,930.92 642-185-018 67789 Hacienda Avenue Hacienda Investment, LLC $ 6,186.32 644-141-016 68140 Calle Las Tiendas Jonathan Ban $ 1,817.07 644-081-003 68260 Calle Calmoso Daniella Renee Lara; Taylor Steve Rodales $ 3,044.77 644-282-007 68312 Panorama Court Yuridia Juarez $ 1,917.07 644-254-008 68727 Panorama Drive Estate of Maria Delgadillo $ 3,044.77 644-260-018 68780 Prospect Way Luke E. Bost $ 1,717.07

Item Number: 4.

CODE COMPLIANCE DIVISION

CITY OF DESERT HOT SPRINGS
11999 Palm Drive • Desert Hot Springs • CA • 92240
(760) 329-6411• www.cityofdhs.org
May 29, 2025

NOTICE OF PUBLIC HEARING

FINAL NOTICE
Property Owner
Mailing Address
Property Address:

Parcel Number:

Citation(s):

Dear Property Owner:

Under Title 4, Chapter 4, Section 4.24.410 of the Desert Hot Springs Municipal Code, it is proper for the City of Desert Hot Springs to place a lien on real property if the property owner fails to pay all fines, sanctions, fees, penalties, or costs resulting from any Municipal Code Violation. The City’s records indicate that the owner(s) of the above-referenced property is delinquent in payments associated with the citation(s) listed above. Please note that if a special assessment is imposed on the property, it may be sold after three years by the tax collector for unpaid delinquent assessments. Based on the citations issued in this case, the amount currently due is $0.00. Based on abatements and related costs, an additional amount of $0.00 is due.

The amount currently due is $0.00
After July 1, 2025, the total due with penalties will be $0.00 If this amount is not paid by July 21, 2025, the City will initiate proceedings to transfer the unpaid fines, sanctions, fees, and penalties into a special assessment against your property. Please accept this as notice of intent, under the City of Desert Hot Springs Municipal Code, to seek the transfer of unpaid arrears to the tax rolls for collection.

The Public Hearing will be held Tuesday, July 1, 2025, at 6:00 pm or as soon thereafter as feasible at:

City of Desert Hot Springs City Hall Council Chambers
11999 Palm Drive, Desert Hot Springs, California 92240
Please contact the Compliance Division before the hearing date for more information or to discuss these citations at [email protected] or (760)329-6411 ext. 269.

Item Number: 4.

CODE COMPLIANCE DIVISION

CITY OF DESERT HOT SPRINGS
11999 Palm Drive • Desert Hot Springs • CA • 92240
(760) 329-6411• www.cityofdhs.org
May 29, 2025

NOTICE OF SPECIAL ASSESSMENT
Property Owner:

Mailing Address:

Property Address:

Parcel Number:

Citation(s):

Dear Property Owner:

Pursuant to Section 4.24.410 of the Desert Hot Springs Municipal Code (“DHSMC”), the City of Desert Hot Springs may place a lien on real property if the property owner fails to pay any and all fines, sanctions, fees, penalties, or costs resulting from any violation of the DHSMC.

Based on the citations issued in this case, the amount currently due is $0.00. Based on abatements and related costs, an additional amount of $0.00 is due. The City’s records indicate that the owner(s) have not paid this amount within thirty (30) days from the date of issuance of the citation(s) as required by DHSMC Section 4.24.240. Accordingly, the City intends to impose a special assessment against the above-referenced property in the amount due. Please note that if a special assessment is imposed on the property, it may be sold after three years by the tax collector for unpaid delinquent assessments.

Pursuant to DHSMC Section 4.24.410(A), you may appeal this notice within ten (10) calendar days from the date of service hereof. A timely and properly filed appeal will result in an administrative appeal hearing. Any appeal not timely filed will be rejected.

Thank you,
Emily Granados
Management Analyst

FOR DIRECT ASSISTANCE WITH THE AMOUNTS DUE, PLEASE CONTACT EMILY GRANADOS AT [email protected] OR (760) 329-6411 EXT. 269
Item Number: 4.

Resolution No. 2025-______
Date Adopted: July 1, 2025

RESOLUTION NO. 2025-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, STATE OF CALIFORNIA, ORDERING

CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST

PARCELS OF LAND WITHIN THE CITY OF DESERT HOT SPRINGS

FOR COSTS OF DELINQUENT NUISANCE ABATEMENT FOR THE
FISCAL YEAR 2025-2026
WHEREAS, Chapter 4.16.130 of the City of Desert Hot Springs Municipal Code provides for the recovery of Public Nuisance Abatement costs; and
WHEREAS, costs for abatement of unlawful acts and public nuisances have been expended by the City of Desert Hot Springs for each of the parcels as described in the attached list of parcels (Exhibit “A”), at a cost equal to the costs of abatement including administrative expenses for each parcel; and WHEREAS, a public hearing was held on July 1, 2025, duly noticed in accordance with the requirements of Chapter 4.24.470 of the City of Desert Hot Springs Municipal Code and Government Code Section 38773.5, concerning the public nuisance abatement costs of these parcels at which time the Council heard all objections of property owners liable to be assessed for the costs of abatement.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:

Section 1. Recitals
That the recitals set forth above are true and correct.

Section 2. Approval of Liens Against Parcels
That the list of parcels and costs of public Nuisance Abatement for each parcel is hereby reconfirmed and said costs shall constitute special assessments against the respective parcels of land and are a lien of said land in the amount of the respective assessments.

Section 3. Transmittal to County
That a copy of this resolution shall be transmitted to the Riverside County Treasurer-Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear in the current assessment roll and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the Government Code.

Section 4. Discharge of Liens Upon Payment
That the costs against any parcel of land listed in Exhibit “A” assessed by this resolution and the lien created thereby shall be deemed discharged and released upon the payment for said parcel of the property taxes for the tax year above-noted.

Section 5. Severability
That the City Council declares 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.

Item Number: 4.

Resolution No. 2025-______
Date Adopted: July 1, 2025

Section 6. Effective Date
That this Resolution shall take effect upon its adoption Section 7. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this first day of July 2025 by the following vote:

AYES:

NAYES:

ABSENT:

ATTEST: APPROVED:

Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
Item Number: 4.

Resolution No. 2025-______
Date Adopted: July 1, 2025

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on July 1, 2025, of which meeting all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at 11-999 Palm Drive, Desert Hot Springs, CA 92240, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I do hereby further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.

Dated: July 1, 2025
City Clerk of the City of Desert Hot Springs
[SEAL]
Item Number: 4.

SR-25-136
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 1, 2025
Department: Code & Cannabis Compliance
Prepared by: Andrew Nielsen, Cannabis Compliance Supervisor Subject: Lost Cultivation Crop Waiver Appeal Fee
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting new user fees related to lost cultivation crop waiver denial hearings and the Nexus Study prepared therefor.

BACKGROUND:

The California Constitution allows municipalities to recover reasonable costs borne from providing certain services to certain individuals. The City is permitted to charge fees based on “costs reasonably borne” by the City. However, the fees may not exceed the costs of providing the service. “Costs reasonably borne” is intended to include all appropriations by an entity for the appropriate costs for the continuation of the service over time. This includes ongoing expenses such as operating costs and an allocation for overhead and administration. The types of costs include salaries and wages; employee fringe benefits; maintenance and operations costs; overhead costs; general City and departmental and/or divisional overhead costs. Without corresponding user fees, these services would be funded by tax revenues. In June 2020, the City adopted its current user fee schedule based on the User Fee Study completed in April 2020.

Chapter 3.38 of the Desert Hot Springs Municipal Code governs revenue and finance related to cannabis businesses. The chapter allows for cultivation facilities to apply for a Lost Cultivation Crop Waiver of taxes upon established eligibility and acceptance by the City Manager or designee. Due to an update to these regulations, which mandates a fee for an appeal hearing for the denial of a Lost Cultivation Crop Waiver, a hearing fee needs to be established.

Item Number: 5.

SR-25-136
DISCUSSION:

New or amended fees must be added due to new regulations or as the City adds services. The following are proposed fees to be added to the user fee schedule:

User Fee Calculation - Lost Cultivation Crop Waiver Appeal Fully Burdened Hourly
Rate Calculation
Fringe
Benefits
Maintenance
& Operations
Costs
Overhead
Costs
Position Salary
Hourly Rate 47% 19% 173% Total
Cannabis Compliance Supervisor (Contract)- Fully Burdened Hourly Rate from contract costs 72.73
Code Compliance Officer 41.68 19.47 7.78 72.19 141.12
Compliance Administrative
Assistant II 28.02 13.09 5.23 48.54 94.88
(Percentages for Fringe Benefits, Maintenance & Operations Costs, and Overhead Costs are per the Fully Allocated Hourly Rate Detail Report calculated as part of the user fee study in August 2020) Lost Cultivation Crop Waiver Appeal Fee
Position Staff Time -
in hours
Fully
Burdened
Hourly Rate
Total Cost
Cannabis Compliance Supervisor (Contract) 4 72.73 290.92 Code Compliance Officer 2 141.12 282.24
Compliance Administrative Assistant II 2 94.88 189.76
Total $ 762.92
ATTACHMENTS:
1) Lost Cultivation Crop Waiver Hearing Fee Resolution
2) User Fee Calculation - Lost Cultivation Crop Waiver Appeal Item Number: 5.

RESOLUTION NO. 2025-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,

ADOPTING THE NEW USER FEES RELATED TO LOST CULTIVATION

CROP WAIVERS AND THE NEXUS STUDY PREPARED THEREFOR
WHEREAS, the City of Desert Hot Springs has established new rules and regulations for Lost Cultivation Crop Waivers for cannabis cultivation facilities, as defined in Chapter 3.38 of the Desert Hot Springs Municipal Code (“DHSMC”); and WHEREAS, the established process requires the City Manager or designee to determine the applicant’s eligibility; and
WHEREAS, the established process requires the City Manager or designee to make a decision regarding the request; and
WHEREAS, the applicant for the Lost Cultivation Crop Waiver can appeal the decision by the City Manager or designee; and
WHEREAS, the fees related to a hearing for the appeal of a denial of the Lost Cultivation Crop Waiver are needed to cover the City’s costs in preparing for and attending the hearing; and
WHEREAS, pursuant to Government Code Section 66014, the City is required to hold at least one open and public meeting as well as a general description of the matter to be considered are to be mailed at least 14 days prior to the date of the meeting to those parties (if any) who have filed requests for such notifications; and WHEREAS, data indicating the amount of the estimated cost required to request and attend a hearing for the appeal of a denial of the Lost Cultivation Crop Waiver and the resources anticipated to fund the same were made available to the public at least 10 days prior to the date of this meeting, in accordance with Government Code Section 66016; and
WHEREAS, pursuant to Government Code Sections 66016 and 66018, the enactment or increase in any fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and
WHEREAS, pursuant to Government Code Section 66018, the City complied with all notice and hearing requirements thereof; and
WHEREAS, City staff has prepared and presented to the City Council a “User Fee Calculation – Lost Cultivation Crop Waiver Appeal” (the “User Fee Study”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A”, which details the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues, if any; and Item Number: 5.

WHEREAS, the User Fee Study is a reasonable and best approximate of the costs of providing administrative appellate services; and WHEREAS, a duly noticed public hearing before the City Council was held on July 1, 2025, at which public testimony was received and duly considered on the proposed Fees; and
WHEREAS, the amount of the Fees does not exceed the true cost of administering the appeal process for Lost Cultivation Crop Waivers ; and WHEREAS, the establishment of the fees as set forth in the User Fee Study is not a “project” subject to the California Environmental Quality Act because it is a funding mechanism have no physical effect on the environment.

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

Section 1. RECITALS
That the Recitals set forth above are true and correct.

Section 2. APPROVAL OF USER FEE
That the City Council hereby approves and adopts the User Fee Study and the fees and charges contained therein as reflected in Exhibit A.

Section 3. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 4. SEVERABLITY
That if any provisions of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 5. EFFECTIVE DATE
That this Resolution shall take effect upon its adoption and the User Fee Study and the Fees contained therein shall take effect immediately, but the fees therein shall take effect accordance with law.

Item Number: 5.

Section 6. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and enter it into the book or original resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 1st day of July 2025 by the following vote:

AYES:

NAYES:

ABSENT:

ATTEST: ____________________________
Scott Matas, Mayor
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
Item Number: 5.

EXHIBIT A
Item Number: 5.

User Fee Calculation - Lost Cultivation Crop Waiver Appeal City of Desert Hot Springs
5/22/2025
Fully Burdened Hourly Rate Calculation
Fringe
Benefits
Maintenance &
Operations Costs
Overhead
Costs
Position Salary Hourly Rate 47% 19% 173% Total
Cannabis Compliance Supervisor (Contract)- Fully Burdened Hourly Rate from contract costs 72.73
Code Compliance Officer 41.68 19.47 7.78 72.19 141.12
Compliance Administrative Assistant II 28.02 13.09 5.23 48.54 94.88 (Percentages for Fringe Benefits, Maintenance & Operations Costs, and Overhead Costs are per the Fully Allocated Hourly Rate Detail Report calculated as part of the user fee study in August 2020)
Lost Cultivation Crop Waiver Appeal Fee
Position Staff Time - in hours
Fully
Burdened
Hourly Rate Total Cost
Cannabis Compliance Supervisor (Contract) 4 72.73 290.92 Code Compliance Officer 2 141.12 282.24
Compliance Administrative Assistant II 2 94.88 189.76
Total $ 762.92

Item Number: 5.

SR-25-175
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 1, 2025
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Formation of a Fire Services Ad Hoc Subcommittee RECOMMENDATION:

Ratify the formation of an ad hoc committee consisting of Mayor Matas and Councilmember Pitts.

BACKGROUND:

The purpose of the ad hoc committee is to review fire services.

Item Number: 6.

SR-25-174
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 1, 2025
Department: City Manager
Prepared by: Doria Wilms, City Manager
Subject: Phase Two Mural Program - Downtown Arts and Cultural District RECOMMENDATION:

Authorize the City Manager to negotiate and execute a Professional Services Agreement with The Mural Supply Co. for the Curation of Phase Two of the Downtown Mural Program to include a minimum of (12) Twelve Murals in the Downtown Arts and Culture District in an amount not to exceed $250,000 from the Art in Public Places Fund.

BACKGROUND:

On October 1, 2024 the City Council authorized the Professional Services Agreement with The Mural Supply Co. for the curation of a Mural Program in the Downtown Arts and Culture District. Since then, twelve additional Murals have been completed by well known and respected artists like Shepard Fairy, Dabs Myla, Mr. B Baby and Royal Dogg to name a few. These murals have acted as powerful tools to support local business, attract visitors and build community pride, which are all initiatives laid out in the Strategic Plan.

The completion of Phase One of the initial project wrapped up in April and culminated in an two weekend event that drew in people from all over the country, including Shepard Fairy himself, the creator of Obey, who spent time greeting guests and deejaying the event. The project was celebrated as a revitalization of the downtown streetscape and evolved into a broader art campaign aimed at tourism growth and furthering downtown economic interest and revitalization.

DISCUSSION:

Phase two of the Downtown Mural program is an extension of the initial efforts and an action item identified in the 2025-2027 Strategic Plan. Goal 3, Action Item B1 states the following; Work with Known Gallery to execute Phase two of the Downtown Art and Mural Program Project, capitalizing on the initial internationally known artists via intense advertising and promotion in conjunction with Known Gallery/The Seventh Letter/The Mural Supply Co.

The vision and goal for phase two involves the expansion of the public art footprint, and includes a minimum of (12) twelve additional commissioned murals along key corridors to further activate the downtown.

Casey Zoltan owner of The Mural Supply Co, The Seventh Letter and Known Gallery would once again curate the initiative handling full project coordination, from artist outreach and curation to Item Number: 7.

SR-25-174
material logistics. The Seventh Letter collective maintains a connection to a global roster of street artists which ensures diversity in styles and scope across the next murals.

The budget for Phase two of the Downtown Mural Program is consistent with the previous budget, and would allocate $250,000, roughly $20K per mural, from the Art in Public Places restricted fund.

The purpose of the Art in Public Places funding is to develop and maintain a visual arts program for the residents and visitors of the City of Desert Hot Springs, to increase tourism in the community, and to enhance the environment and unique character of Desert Hot Springs by providing for the acquisition and maintenance of public art.

Phase one of the Downtown Mural Program drove increased foot traffic and boosted awareness across the Coachella Valley and Southern California region; Phase two is positioned to reinforce these gains. The murals have served as visual identity markers, highlighting equity, cultural justice and environmental themes that resonate locally and position Desert Hot Springs as a creative hub.

Collaboration with internationally known curator Casey Zoltan and his local gallery (Known Gallery) artist collective (Seventh Letter) and production supply company (Mural Supply Co.) enhances the campaigns credibility and builds on the momentum of Phase one.

FISCAL IMPACT:

The program will utilize funding from the Art in Public Places Fund, account number 110-5020-41-64- 0000.

OPTIONAL:

Strategic Alignment
This initiative supports the following goals of the City's Strategic Plan:

Goal 3: Revitalize Downtown Desert Hot Springs
Goal 8: Promote Community Engagement and Cultural Programming ATTACHMENTS:

Professional Services Agreement - The Mural Supply Co, LLC Phase Two Mural Project Item Number: 7.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
THE MURAL SUPPLY CO.

This Professional Services Agreement (“Agreement”) is made and entered into on July 1, 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 The Mural Supply CO., LLC a Limited Liability Company, 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 the curation of twelve (12) murals in the Downtown Art and Culture District as described in the attached Scope of Services (sometimes hereinafter, the “Services”); and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

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

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

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

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 through June 30, 2026, in accordance with this Agreement, subject to allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
Item Number: 7.

The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, Two Hundred and Fifty Thousand Dollars and Zero Cents ($250,000.00) for the successful completion of a minimum of twelve murals in the downtown. Payment for each mural will be remitted to consultant within 15 days of invoice as determined by the City Manager or their designee in their sole discretion.

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:

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

Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, Item Number: 7.

provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.

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

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

Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or Item Number: 7.

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.

Item Number: 7.

(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:

Item Number: 7.

“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.

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
Item Number: 7.

(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.

Item Number: 7.

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

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

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

To the City: Doria Wilms
Item Number: 7.

City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant: Casey Zoltan
The Mural Supply Co, LLC
66435 Pierson Blvd.

Desert Hot Springs, CA 92240
(760) 235-1970
[email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

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

Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:

Item Number: 7.

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.

Item Number: 7.

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 Item Number: 7.

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. Casey Zoltan 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. Frank Luckino 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
Item Number: 7.

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
Item Number: 7.

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 CONSULTANT
____________________________ ___________________________ Doria Wilms, City Manager Casey Zoltan, Owner
The Mural Co. LLC
ATTEST:
__________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
___________________________________
Jennifer Mizrahi, City Attorney
Item Number: 7.

The City of Desert Hot Springs and Known Projects Presents:

Phase Two Downtown Art and Mural Project
Art & Culture Expansion for the City of Desert Hot Springs, California Objective:

To enhance the Desert Hot Springs art movement by creating a minimum of twelve (12) new murals in high-visibility areas of the Downtown Art and Culture District, complemented by art activations at Known Gallery that will highlight art, culture, and community engagement. The project aims to connect artists with the public and drive tourism and economic growth through an integrated approach of art walks, gallery shows, digital content, and merchandise.

Project Components:

Mural Creation:

Mural Activations starting in the fall of 2025 at locations designated by the City, by a selected known artist (local, national, or international) curated by The Mural Supply Co, LLC/Known Gallery in the Downtown Art and Culture District resulting in a total number of twelve (12) murals at project completion. Artists will be encouraged to incorporate themes relevant to Desert Hot Springs culture and mention Desert Hot Springs in all social media content, interviews, etc.

Gallery Art Show at Known Projects:

Known Galley will activate the gallery for tailored events which will incorporate featured mural artists, live signings and meet and greets with the community and visitors.

Goals:
-Enhance the City’s Artistic Legacy: Create 12 new murals that showcase the city’s creative spirit. -Engage the Community: Encourage public participation in the arts through accessible, immersive events. -Boost Economic Development: Drive foot traffic to local downtown businesses during events and through merchandise sales.
-Strengthen the City’s Cultural Identity: Celebrate the city’s unique character by featuring a diverse range of artistic voices and themes.
-Get the youth motivated with art and teach them how to build an art career and a business.

Attract Tourism:

Position the city as a cultural hub for street art and public art lovers, attracting both domestic and international visitors.

Timeline:

Phase 1: Planning and Artist Selection (IMMEDIATE): Work with city officials and art institutions to identify mural locations and artists.

Phase 2: Execution (Fall 2025 – Spring 2026): Mural activations will commence in the Fall of 2025 and be completed in the Spring of 2026
Phase 3: Post-Event and Promotion: Continue promotion of the murals throughout the year, maintaining momentum across social and media platforms.

Project Budget Estimate: $250K (All inclusive)
Artist Fees (per mural)
Mural Production Costs (paint, materials, equipment, lodging, travel) Event Costs (permits, security, lighting, etc.)
Gallery Space, security, bartenders, catalogs, etc.

Partnerships and Sponsors:

Item Number: 7.

The project will seek sponsorship from local businesses, cultural institutions, and national brands to help augment the expense of each phase of the project and ensure the widest possible impact.

Item Number: 7.

SR-25-168
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 1, 2025
Department: City Manager
Prepared by: Christina Newsom, Acting Deputy City Manager Subject: Professional Services Agreement for an Animal Adoption Specialist RECOMMENDATION:

Authorize the City Manager to execute a Professional Services Agreement with Danielle Munnik in the amount of $50,000 for animal adoption services; 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 has been committed to animal care and control since 2017, when the program was brought in-house to improve the welfare of our community's animals. In 2024, we proudly acquired an Animal Sanctuary, further demonstrating our dedication to providing a safe haven for animals in need. Our staff manages both locations and handles a high volume of animal intakes, highlighting the necessity for an Adoption Specialist to facilitate a large number of adoptions. The City remains steadfast in its commitment to the safety, welfare, and care of our animal population.

There is an urgent need for an Animal Adoption Specialist to manage the adoption processes at the city’s animal sanctuary and the Animal Care and Control Shelter. This role is crucial for managing the high volume of adoptions and ensuring that each animal is placed in a loving and suitable home. The expertise and dedication of the Adoption Specialist will be invaluable in our mission to provide exceptional care for our animals and to ensure the success of the adoption process.

DISCUSSION:

As part of a pilot program, the City will enter into a Professional Services Agreement with a contractor to oversee the adoption processes at the Animal Sanctuary and the Animal Care and Control Shelter.

The contractor's scope of work and tasks will include the following:
1) Meet and Greet Appointment Coordination: Schedule and manage appointments for potential adopters to meet animals available for adoption. 2) Animal Behavioral Assessment: Conduct assessments to evaluate an animal's behavior and ensure it is matched with a suitable adopter.

Item Number: 8.

SR-25-168
3) Adoption Application Review and Processing: Review and process adoption applications, ensuring all necessary information is collected and verified. 4) Coordination with Rescues Nationwide: Work with rescue organizations nationwide to facilitate animal placements and transfers.
5) Coordination with Staff for Medical Services: Collaborate with City Staff and contractors to arrange necessary medical services in accordance with adoption requirements. 6) Coordination with Animal Care and Control Staff and Volunteers: Collaborate closely with staff and volunteers to plan and execute adoption events, ensuring seamless operations. 7) Recommendations for Animal Adoptability: Based on assessments and interactions, provide insights and recommendations regarding animal adoptability to potential adopters.

FISCAL IMPACT:

The total cost for the animal adoption specialist professional services contract is $50,000 for a one year term. Funding has been allocated in the approved FY 2025–2026 Animal Care and Control Budget.

OPTIONAL:

Strategic Alignment
This initiative supports the following goals of the City's Strategic Plan:
 Goal 9: Animal Care and Control
ATTACHMENTS:

Professional Services Agreement - Animal Adoption Contractor Item Number: 8.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
_______________________________
This Professional Services Agreement (“Agreement”) is made and entered into this 1st day of July, 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 Daneille Munnik, 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 Federal Advocacy Services (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 asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede. 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.

Item Number: 8.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall remain in force and effect until July 1, 2026, in accordance with Section 7 of this Agreement, subject to the 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, an amount not to exceed FIFTY THOUSAND Dollars and ZERO Cents ($50,000.00) per year.

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) 671-5062
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.

Item Number: 8.

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
Item Number: 8.

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
Item Number: 8.

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.

Item Number: 8.

(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.

Item Number: 8.

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:

Item Number: 8.

(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 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 Item Number: 8.

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 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) 671-5062
To Contractor: Danielle Munnik
64526 Brae Burn Ave.

Desert Hot Springs, CA 92240
Telephone: (920) 707-3027
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 Item Number: 8.

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.

Item Number: 8.

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.

Item Number: 8.

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. In no instance shall the award of costs and expenses under this section exceed the actual costs and expenses of the City.

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 Item Number: 8.

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.

Item Number: 8.

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.

Item Number: 8.

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
_____________________________
[Department Head]
_____________________________
Doria Wilms, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer Mizrahi, City Attorney
_____________________________
_____________________________
[Name, Title]
N:\DHSO\0001-01 General\Doc\6051
Item Number: 8.

EXHIBIT “A”

SCOPE OF SERVICES
The contractor will oversee the City’s adoption processes at the animal sanctuary and the animal care and control shelter. This role is not just crucial, but integral in managing the high volume of adoptions and ensuring each animal is placed in a loving and suitable home. The contractor’s expertise and dedication will be invaluable in our mission to provide exceptional care for our animals and ensure successful adoptions.

Scope of Work and Tasks:

The contractor will be responsible for the following tasks:

1. Meet and Greet Appointment Coordination: Schedule and manage appointments for potential adopters to meet animals available for adoption.

2. Animal Behavioral Assessment: Conduct assessments to evaluate animals' behavior to ensure they are matched with suitable adopters.

3. Adoption Application Review and Processing: Review and process adoption applications, ensuring all necessary information is collected and verified.

4. Coordination with Rescues Nationwide: Work with rescue organizations nationwide to facilitate animal placements and transfers.

5. Coordination with Staff for Medical Services: Work with City Staff and contractors to arrange necessary medical services as per adoption requirements.

6. Coordination with Animal Care and Control Staff and Volunteers: Work closely with staff and volunteers to organize adoption events and ensure smooth operations.

7. Recommendations for Animal Adoptability: Based on assessments and interactions, Provide insights and recommendations regarding animal adoptability to potential adopters.

Item Number: 8.

SR-25-137
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 1, 2025
Department: Code & Cannabis Compliance
Prepared by: Andrew Nielsen, Cannabis Compliance Supervisor Subject: Ordinance Amending Desert Hot Springs Municipal Code Chapter 3.38 - Lost Cultivation Crop Waiver Appeal Fee
RECOMMENDATION:

Introduce for first reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 3.38 “Lost Cultivation Crop Waiver” of Title 3 "Revenue and Finance" of the Desert Hot Springs Municipal Code." BACKGROUND:

Title 3 of the Municipal Code governs revenue and finance, including the operation of Cannabis Storefront Retail, Cannabis Non-Storefront Retail, Cannabis Cultivation, Cannabis Manufacturing, Cannabis Testing, and Cannabis Distribution facilities (collectively Cannabis Facilities”).

The City currently relies on the Cannabis Compliance Team and Code Compliance Division (collectively, the “Cannabis Team”) to enforce Chapter 3.38 and to assist in and review eligibility for, and applicability of Lost Cultivation Crop Waivers. Based on their experience and expertise, the Cannabis Compliance Team and Code Compliance Division recommend the amendment of Chapter

3.38 to account for fees associated with the hearing after a Lost Cultivation Crop Waiver applicant appeals the City’s decision.

DISCUSSION:

The proposed ordinance seeks to amend Chapter 3.38 to create a fee appeal the City’s decision to deny a Lost Cultivation Crop Waiver. The City incurs costs to process requests for appeals, establish a hearing date and forum, and for staff to prepare for and attend the hearings. In the previously approved appeals process under this Chapter3.38 did not include a fee for the hearing, which is inconsistent with other similar requests for hearings.

The proposed amendment of Chapter 3.38 will provide consistency among all hearing requests made to the City.

OPTIONAL:

Strategic Alignment
This initiative supports the following goals of the City's Strategic Plan Item Number: 9.

SR-25-137
 Goal 11: Provide fiscally sound operations, evaluate city processes to maximize efficiency.

ATTACHMENTS:
1) Ordinance Amending DHSMC 3.38
Item Number: 9.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA AMENDING CHAPTER 3.38 “LOST
CULTIVATION CROP WAIVER” OF TITLE 3 “REVENUE AND
FINANCE” OF THE DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, currently Chapter 3.38of the Desert Hot Springs Municipal Code the City provides for granting tax waivers for a lost cultivation crop; and WHEREAS, pursuant to Chapter 3.38 of the Desert Hot Springs Municipal Code a qualified applicant may appeal the City’s decision to deny them a tax waiver; and WHEREAS, the City seeks to amend Chapter 3.38 of the Desert Hot Springs Municipal Code to add a reasonable fee in order to apply for an appeal; and WHEREAS, the proposed fee does not exceed the City’s reasonable costs of administering services; and
WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

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

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

Section 2. AMENDMENT OF CHAPTER 3.38 “LOST CULTIVATION
CROP WAIVER” OF TITLE 3 “REVENUE AND FINANCE”
Chapter 3.38 of the Desert Hot Springs Municipal Code is hereby amended to read as follows:

3.38.001 Definitions
The definitions contained in Chapters 5.50 and 17.180 of this code shall apply, except as otherwise stated in this chapter.

3.38.005 Eligibility
The City, in its sole discretion, may grant a lost cultivation crop tax waiver to a cannabis cultivation facility that has lost its cannabis crops if the City determines that all of the following eligibility requirements have been met:

Item Number: 9.

A. The cannabis cultivation facility entity has not been granted a lost cultivation crop tax waiver in the prior 12 months.

B. The cannabis cultivation facility is in good standing with the City, with no active Code Compliance matters or tax delinquencies.

C. The cannabis cultivation facility has not intentionally caused or significantly contributed to the cause of the failed crop.

D. The failed crop is not the result of a natural disaster or an Act of God.

E. Preventative measures were not readily and reasonably knowable to the cannabis cultivation facility prior to the events leading to the failed crop.

3.38.010 Rejection of Lost Cultivation Crop Tax Waiver
A Lost Cultivation Crop Tax Waiver application shall be rejected if the cannabis cultivation facility fails to meet all of the eligibility requirements.

3.38.020 Lost Cultivation Crop Tax Waiver Application
A cannabis cultivation facility desiring or proposing to apply for a Lost Cultivation Tax Waiver shall file with the City Manager or designee a written application as so required by the provisions of this Chapter. Each such application shall contain clearly and truthfully, under oath or affirmation, set forth and show, in addition to such other information as the City Manager shall require, the following information:

A. The date of the application.

B. The true name of the applicant, and any other names by which the applicant has been known. In the event the applicant is not the legal owner of the entity that holds the regulatory permit, the application must be accompanied with a notarized acknowledgement from the legal owner.

C. The name and address of the cannabis cultivation facility, and evidence that the cannabis facility is duly organized under the applicable laws of the State of California.

C. Authorization for the City Manager or designee to seek verification of the information contained within the application.

D. A statement in writing by the applicant that it certifies under penalty of perjury that all the information contained in the application is true and correct.

E. A statement in writing providing details of the contributing factors that led to the failed crop.

F. Proof of destruction of crop by any of the following:

1. Metrc Reporting
Item Number: 9.

2. Bill of Lading

3. Video of destruction
G. A mitigation plan that addresses the measures you will put in place to avoid failed crops in the future.

H. If the application is incomplete, the applicant shall have an opportunity to cure the incompleteness within 30 days’ written notice by the City Manager or designee. Failure to complete the application within thirty (30) days of written notice shall result in the denial of the application.

I. Any such additional information as deemed necessary by the City Manager or designee to administer this chapter.

3.38.030 Waiver Benefits by the City
If an eligible cannabis cultivation facility's lost cultivation crop tax waiver application is approved pursuant to this chapter, the City Manager or designee shall have the sole discretion to determine the amount of the tax waiver pursuant to this chapter and within budgetary limitations, but no greater than $75,000 . The City Manager or designee shall make a determination based on the provisions of this chapter, any rules and regulations adopted pursuant to this chapter, and the factual information submitted by the parties or otherwise readily available and shall serve his or her written determination by first-class mail, postage prepaid, to the cannabis cultivation facility operator to the entity’s business address and to the property owner’s address as shown on the last equalized assessment roll.

3.38.040 Grounds for Denial
The City Manager or designee shall deny a lost cultivation crop waiver upon making any of the findings.

A. The cannabis facility is not eligible under this chapter.

B. The applicant or owner(s) made one or more oral or written misrepresentations or omissions.

C. The cannabis facility does not possess an active license State License with the Department of Cannabis Control.

D. The cannabis facility does not possess an active regulatory permit.

E. The cannabis facility or property owner has an active Code Compliance matter.

F. The cannabis facility is delinquent in cultivation tax for periods prior to the lost cultivation crop.

G. Any violation of this Municipal Code.

Commented [CN1]: Doria, did Frank decide
on the amount of the waiver?
Commented [TV2R1]: Also, do we need a
three-month term if they can only get one waiver
per year?
Item Number: 9.

H. Any other condition specified by law.

I. If the City Manager or designee denies an application, a written notice specifying the reasons for denial shall be issued to the applicant. The City Manager or designee’s decision shall be final unless the applicant appeals pursuant to Section 3.38.050 within 14 calendar days of the date of service of the City Manager’s or designee’s decision.

3.38.050 Appeals and Fees.

A. Within 14 calendar days after the date of a decision of the City Manager or designee to deny an application, an aggrieved applicant may appeal such action to a hearing officer by filing a written appeal, along with a fee as established by resolution of the City Council, with the City Clerk setting forth the reasons why the decision was not proper.

B. The City Manager or designee shall select the hearing officer. Hearing officers shall be impartial third parties and shall not have any pecuniary interest in the proceeding over which he or she is presiding, nor any pecuniary interest in the outcome thereof.

C. As soon as practicable but allowing sufficient time for providing notice of the hearing, the hearing officer shall fix a date, time and place for the hearing of the appeal and shall instruct the citing officer of the same. The City shall prepare and serve a notice of hearing, which shall be in substantially the same form as follows:

You are hereby notified that a hearing will be held before the Administrative Hearing Officer at __________ on the ____ day of _________, ____ at the hour of ____ concerning your appeal filed pursuant to Section 3.38.050 of the Desert Hot Springs Municipal Code. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses testifying against you.

D. The City shall cause a copy of the notice of hearing to be provided to each appellant either by causing a copy of the notice to be delivered to each appellant personally or by causing a copy of the notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal.

E. At the hearing, the hearing officer shall hear any evidence offered either in support of, or against, appellant’s claim, provided such evidence is relevant to the issues of the hearing. The hearing officer has the authority to determine the relevance of any evidence to the hearing and shall not be limited by the technical rules of evidence. The hearing officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.

F. Each party appearing at the hearing shall have the following rights:

1. To call and examine witnesses;
Item Number: 9.

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut evidence; and

6. To be represented by anyone who is lawfully permitted to do so.

G. The hearing officer shall issue a written decision within 30 days following the conclusion of the hearing. The hearing officer shall cause a copy of the decision and compliance order to be served to each appellant either by causing a copy of the decision to be delivered to each appellant personally or by causing a copy to be delivered by first class mail, postage prepaid, and addressed to each appellant at the address shown on the appeal. The decision of the hearing officer shall be final.

H. Any appeal of the hearing officer’s decision shall be conducted pursuant to the California Code of Civil Procedure.

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

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

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

Section 6. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

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

Item Number: 9.

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:

ABSTAIN:

ABSENT:
_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizhrahi, City Attorney
Item Number: 9.

SR-25-181
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 1, 2025
Department: Public Works
Prepared by: Raul Arauz, Associate Engineer
Subject: Award Construction Agreement for the Reflection Park Phase II Project 4002 RECOMMENDATION:
1) Award the construction agreement for Reflection Park Phase II Project, City Project No. 4002, to the lowest responsive qualified bidder Landmark Associated Builders, Inc.; and 2) Authorize the City Manager to draft and execute the construction agreement for Reflection Park Phase II Project, City Project No. 4002, with Landmark Associated Builders, Inc., in an amount not to exceed $469,500.00, with a 10% contingency of $46,950.00 bringing the total amount to $516,450.00, and approve a total project budget in an amount of $561,448.00 for additional project expenses for construction management.

BACKGROUND:

The Reflection Park Phase II Project improves the existing park site, formerly known as Hot Springs Park, at the northwest corner of Palm Drive and 8th Street. The project scope of work includes site grading, installation of pedestrian paths, decomposed granite, new landscape and irrigation, a new monument sign and 14 palm trees that will be up lit with new solar lighting. These are intended to improve the aesthetics of a high visibility corner while also creating a passive park amenity to the community.

On December 3, 2019, the City Council Approved the rehabilitation of Hot Springs Park into Reflection Park, and authorized City Staff to submit a grant application for CDBG funding for construction.

On October 20, 2020, the City was awarded $291,000 in Community Development Block Grant (CDBG) 2020-21 funding for construction of Reflection Park Phase II, and all supplemental agreements were executed between the City and Riverside County.

On April 6, 2021, the City Council approved City Staff’s recommendation to award David Volz Desing (DVD) a Professional Services Agreement for Architectural Design for Reflection Park Design Project.

This Professional Services Agreement was in an amount not to exceed $46,333.00 with a contingency of $13,889.90 (30%) for any additional work as approved by the City, which brought the total budget to $60,232.90.

Item Number: 10.

SR-25-181
On February 4, 2025, the City Council approved an amendment to the Professional Services Agreement with DVD in the amount of $173,682 for architectural design services to complete the design.

DISCUSSION:

On May 7, 2025, the City received approval from Riverside County to issue a Notice of Inviting Bids for construction of Reflection Park Phase II Project, City Project No. 4002. The Notice of Inviting Bids was posted on the City’s website and with Planit Reprographics, a local valley clearing house for public bid solicitations. The Notice of Inviting Bids was released for 22 days, closing on May 29, 2025.

On May 29, 2025, City Staff received and publicly opened one (1) bid package from Landmark Associated Builders, Inc. in the amount of $469,500.00 which is below the engineer’s estimate of $475,000.00. Landmark’s bid packet is included as an exhibit.

City Staff, as well as the County of Riverside CDBG Coordinator, reviewed Landmark’s bid and verified all submittals and determined them to be the lowest responsible bidder with a total bid amount of $469,500.00. City Staff verified references and found Landmark to meet the necessary qualifications.

FISCAL IMPACT:

Construction Cost:

Contract Amount = $469,500.00
Contingency 10% = $46,950.00
Construction Management and Certified payroll = $34,998.00 Material testing services = $10,000 (estimated)
Total Project Budget = $561,448.00
Funding Sources:

Fiscal Year 2025-26
CDBG FY 20/21 = $291,504.00
CDBG FY 23/24 = $227,950.00
Quimby Funds = $41,994.00
Total Project Budget = $561,448.00
OPTIONAL:

Strategic Alignment
This initiative supports the following goals of the City's Strategic Plan:

Goal 7: Community Parks - Provide strategic upgrades to existing parks ATTACHMENTS:
1) Notice Inviting Bids
2) Specifications
3) Bid Opening - Sign In Sheet 05.29.25
Item Number: 10.

SR-25-181
4) Landmark Associated Builders, Inc. Bid
Item Number: 10.

NOTICE INVITING SEALED BID PROPOSALS
For
Reflection Park Phase II Project
CITY PROJECT NO. 4002

CITY OF DESERT HOT SPRINGS
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for installing shade structures, and other work required as more particularly described in the plans and specifications under City Project No. 2025- 1, Reflection Park Phase II Project, in the City of Desert Hot Springs.

The Sealed bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2;00 P.M. on May 29, 2025. Public Works “Bid: Reflection Park Phase II Project, City Project No. 2025-2” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240.

The bids will then be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 2:05 P.M. on May 29, 2025.

The Prospective Bidders who will submit Bid Proposals are advised that a “Mandatory Pre-Bid Conference” for this project will be held at 11 A.M. on Monday, May 19, 2025, at the Reflection Park, located at 10901 Palm Drive, Desert Hot Springs, CA 92240.

Attendance at this meeting is mandatory for award of the contract.

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

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

Item Number: 10.

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

TIME OF COMPLETION AND LIQUIDATED DAMAGES:

BIDD
ER must agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 60 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.

OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for the City of Desert Hot Springs PD Annex Building Project are ONLY available to be ordered online at:
www.planitprintworks.com. For orders by phone, contact: Planit Print Works at (760) 345-2500. Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning Jesus Lopez at (760) 329- 6411 Ext. 221.

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

ADDITIONAL BID INFORMATION AND REQUIREMENTS: All Prebid inquiries and questions shall be directed to Jesus Lopez, via email at [email protected] and include “Pre-bid Questions for Reflection Park Phase II Project, City Project No. 2025-2” in the “Subject Line”.

Prebid questions will only be accepted from Tuesday May 13, 2025 Item Number: 10.

through Monday May 19, 2025 (5:00PM). Pre-Bid questions only from General Contractors will be answered. Subcontractor questions will not be answered.

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

The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City non- responsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.

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

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

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

The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders.

Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.

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

A “Faithful Performance Bond” amounting to 100% of the total Item Number: 10.

contract price is required for all contracts.

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

A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs and The County of Riverside as an additional insured.

See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

A “Certificate of Worker’s Compensation Insurance”.

And a “Certificate of Commercial Vehicle Liability Insurance” See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

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

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

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

The City supports and encourages equal opportunity contracting.

FEDERAL FUNDING
This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part 570) and subject to certain requirements including: compliance with Section 3 (24 CFR Part 75) Economic Opportunities requirements; payment of Federal Davis-Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others. Information pertaining to the Federal requirements is on file with the County of Riverside Department of Housing and Workforce Solutions.

Item Number: 10.

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

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

Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.

Engineer’s Cost Estimate
The engineer’s cost estimate for this project is $426,000.

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

May 7, 2025 Request For Proposal Released
May 19, 2025 Mandatory Pre-Bid Job Walk @ 11:00 AM
May 19, 2025 Last day for bidder to submit questions
May 29, 2025 Sealed Bids Submitted by 2:00 PM
June 17, 2025 Anticipated award of construction contract July 14, 2025 Contracts fully executed/ Notice to proceed issued.

July 15, 2025 Pre-Construction meeting
August 26, 2025 Construction completed.

CITY OF DESERT HOT SPRINGS

JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
Item Number: 10.

11999 Palm Drive
Desert Hot Springs, California 92240
(760) 329-6411
Advertised: May 9, 2025, and May 21, 2025
Item Number: 10.

CITY OF DESERT HOT SPRINGS

STATE OF CALIFORNIA

CONTRACT DOCUMENTS

SPECIFICATIONS AND CONSTRUCTION PLANS
FOR
Reflection Park Phase II Project
City Project # 4002
In the City of Desert Hot Springs
The City Clerk of the City of Desert Hot Springs, California will receive at the Office of the City Clerk, City Hall, 11-999 Palm Drive, Desert Hot Springs, CA 92240 until 2:00 PM on May 29, 2025 sealed proposals for the performance of the described services.

Released
May 7, 2025
Item Number: 10.

NOTICE INVITING SEALED BIDS ....................................................................... NIB 1-5 SPECIAL INSTRUCTIONS TO BIDDERS ................................................................... 1-8 BIDDER’S PROPOSAL.............................................................................................. 9-10 SCHEDULE OF PRICES (PROPOSAL FORM)....................................................... 11-13 SUBCONTRACTOR LIST........................................................................................ 14-15 CONTRACTORS INDUSTRIAL SAFETY RECORD..................................................... 16 REFERENCES......................................................................................................... 17-18 AGREEMENT .......................................................................................................... 19-36 PAYMENT BOND.......................................................................................................... 37 PERFORMANCE BOND ............................................................................................... 38 HOLD HARMLESS/INDEMNIFICATION – RIVERSIDE COUNTY…………………...39- 41 AFFIDAVIT FOR CO-PARTNERSHIP FIRM................................................................. 42 AFFIDAVIT FOR CORPORATION BIDDER ................................................................. 43 AFFIDAVIT FOR INDIVIDUAL BIDDER........................................................................ 44 AFFIDAVIT FOR JOINT VENTURE.............................................................................. 45 BIDDER’S BOND ..................................................................................................... 46-47 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION ............. 48

CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS

CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS............................................... 49 NON-COLLUSION AFFIDAVIT ..................................................................................... 50 SPECIAL FEDERAL PROVISIONS ......................................................................... 51-66 FEDERAL LABOR STANDARDS PROVISION............................................. 67-68 FEDERAL PREVAILING WAGE DETERMINATION .......................... 69-70 PROJECT SIGN……………………………………………………………….71
ADDITIONAL FEDERAL REQUIREMENTS……………………………72-85
CDBG GENERAL SUMMARY.......................................................... 86-102 POST CONTRACT AWARD FORMS ............................................ 103-116 GENERAL PROVISIONS..................................................................................... 117-166 SPECIAL PROVISIONS....................................................................................... 167-180

ATTACHMENTS
PREVAILING WAGE DETERMINATION DATED MAY 22, 2025
PLANS
Item Number: 10.

NIB-1

NOTICE INVITING SEALED BID PROPOSALS
For
Reflection Park Phase II Project
CITY PROJECT NO. 4002

CITY OF DESERT HOT SPRINGS
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for installing shade structures, and other work required as more particularly described in the plans and specifications under City Project No. 2025-1, Reflection Park Phase II Project, in the City of Desert Hot Springs.

The Sealed bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2;00 P.M. on May 29, 2025. Public Works “Bid: Reflection Park Phase II Project, City Project No. 2025-2” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240. The bids will then be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 2:05 P.M. on May 29, 2025.

The Prospective Bidders who will submit Bid Proposals are advised that a “Mandatory Pre-Bid Conference” for this project will be held at 11 A.M. on Monday, May 19, 2025, at the Reflection Park, located at 10901 Palm Drive, Desert Hot Springs, CA 92240. Attendance at this meeting is mandatory for award of the contract.

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

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

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

TIME OF COMPLETION AND LIQUIDATED DAMAGES: BIDDER must agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 60 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.

Item Number: 10.

NIB-2
OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for the City of Desert Hot Springs PD Annex Building Project are ONLY available to be ordered online at: www.planitprintworks.com. For orders by phone, contact: Planit Print Works at (760) 345-2500. Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning Jesus Lopez at (760) 329- 6411 Ext. 221.

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

ADDITIONAL BID INFORMATION AND REQUIREMENTS: All Pre-bid inquiries and questions shall be directed to Jesus Lopez, via email at [email protected] and include “Pre-bid Questions for Reflection Park Phase II Project, City Project No. 2025-2” in the “Subject Line”. Prebid questions will only be accepted from Tuesday May 13, 2025 through Monday May 19, 2025 (5:00PM). Pre-Bid questions only from General Contractors will be answered. Subcontractor questions will not be answered.

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

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

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

Item Number: 10.

NIB-3
The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.

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

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

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

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

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

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

A “Certificate of Worker’s Compensation Insurance”.

And a “Certificate of Commercial Vehicle Liability Insurance” See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

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

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

Item Number: 10.

NIB-4
Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required.

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

The City supports and encourages equal opportunity contracting.

FEDERAL FUNDING
This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part 570) and subject to certain requirements including: compliance with Section 3 (24 CFR Part 75) Economic Opportunities requirements; payment of Federal Davis-Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others. Information pertaining to the Federal requirements is on file with the County of Riverside Department of Housing and Workforce Solutions.

PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California.

These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.

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

Engineer’s Cost Estimate
The engineer’s cost estimate for this project is $426,000 Item Number: 10.

NIB-5

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

May 7, 2025 Request For Proposal Released
May 19, 2025 Mandatory Pre-Bid Job Walk @ 11:00 AM
May 19, 2025 Last day for bidder to submit questions
May 29, 2025 Sealed Bids Submitted by 2:00 PM
June 17, 2025 Anticipated award of construction contract July 14, 2025 Contracts fully executed/ Notice to proceed issued.

July 15, 2025 Pre-Construction meeting
August 26, 2025 Construction completed.

CITY OF DESERT HOT SPRINGS

JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
(760) 329-6411
Released: May 7, 2025
Advertised: May 9, 2025, and May 21, 2025
Item Number: 10.

1 SPECIAL INSTRUCTIONS TO BIDDERS
To be used in conjunction with the

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
And to be made a part of:

Reflection Park Phase II Project
Project # 4002
In the City of Desert Hot Springs
Specifications Prepared By:

City of Desert Hot Springs
Plans Prepared By:

David Voltz Design Landscape Architects, Inc.

Rick Engineering
Item Number: 10.

2 SPECIAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL REQUIREMENTS AND CONDITIONS:

GENERAL: Bid Proposals shall be submitted to the City of Desert Hot Springs, hereinafter, “the AGENCY,” or “the City” on forms prepared and furnished for the purpose, which may be obtained at the office of the Agency. When presented they must be completely made out in the manner and form indicated therein, showing the proposed prices clearly and legible, and must be properly signed by the bidder. Bid Proposals presented otherwise may not be considered.

Each bid proposal so submitted, together with the required bid proposal guaranty hereinafter prescribed, shall be presented under sealed cover; and must be filed prior to the time, and at the place, designated in the Notice Inviting Sealed Bid Proposals. A bid proposal so presented, however, may be withdrawn by the bidder, provided the request therefore is made in writing, is signed by the bidder or his authorized representative, and is filed prior to the time fixed for the opening of bids. The withdrawal of a bid proposal does not prejudice the right of the bidder to file a new bid proposal.

All bid proposals submitted, as aforementioned prescribed will be publicly opened and read at the time and place indicated in the Notice Inviting Sealed Bid Proposals.

Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may prefer as to the actual conditions and requirements of the work, and shall not at any time after submission of the bid proposal dispute, complain, or assert that there was any misunderstanding in regard to the nature or amount of work to be done.

BID PROPOSAL GUARANTY: Each bid proposal submitted must be accompanied either by cash, or by a certified or cashier’s check, or a surety bond, payable to the Agency, in an amount equivalent to at least ten percent (10%) of the total aggregate bid price of such bid proposal, or in such additional amount as may be otherwise provided by law, as a guarantee that the bidder, if his bid proposal be accepted, will enter into and execute the awarded contract: and no bid proposal will be accepted unless such cash, check or surety bond is enclosed therewith. However, the use of a surety bond in this connection shall be subject to the condition that the surety thereon be approved by the Agency's Director of Finance and Legal Counsel.

Should any bidder to whom an award is made fail to properly enter into and execute the awarded contract, the cash, check or bond submitted with his bid proposal shall be forfeited to, and become the property of the Agency; whereupon the Agency shall have the right to collect the amount thereof by any appropriate means.

Following the award of the contract the bid proposal guarantees will be returned to the respective bidders by whom they were submitted, except as otherwise provided.

DISQUALIFICATION OF BIDDERS: More than one bid proposal for the same work from any individual, firm, partnership, corporation, or association under the same or Item Number: 10.

3 different names, will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one bid proposal for the work will be cause for rejecting all bid proposals in which such bidder is interested. Apparent collusion among bidders will likewise be sufficient cause for rejecting any or all bid proposals and the participants in such collusion may be barred from future bidding.

Bid proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, erasures or irregularities of any kind, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A bid proposal on which the signature of the bidder has been omitted may, at the discretion of the Agency, be rejected.

COMPETENCY OF BIDDERS: Bidders must be thoroughly competent, and capable of satisfactorily performing the work covered by the bid proposal; and when requested shall furnish such statements relative to previous experience on similar work, the plan of procedure proposed, and the organization, machinery, plant and other equipment available for the contemplated work, and the financial condition and resources of the bidder, as may be deemed necessary by the City Engineer in determining such competence and capability.

CONTRACTOR’S LICENSE: Each bidder shall be licensed as a Contractor in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code at the time of submitting his bid proposal.

The signature in the Bid Proposal shall clearly show the bidder’s name, address, telephone number, valid State of California Contractors License number, and proper license class to perform the work under the contract.

Any bid proposal submitted which does not show the above information may be considered an incomplete bid proposal and rejected as such.

SIGNATURE: The bid proposal must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid proposal on behalf of the bidder.

MODIFICATIONS: Changes in or additions to the bid proposal form, recapitulations of the work bid upon, alternative bid proposals or any other modifications of the bid proposal form which is not specifically called for in the contract documents may result in the Agency’s rejection of the bid proposal as not being responsible to the invitation to bid. No oral or telephonic modification of any bid proposal submitted will be considered, but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bid proposals. The bid proposal submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid proposal.

Item Number: 10.

4 DISCREPANCIES IN BID PROPOSALS: If the bid amount in numbers and bid amount in words are not in fact equal to each other, the bid proposal may be rejected. The City Council of the City of Desert Hot Springs reserves the right to reject any or all bid proposals and to waive any irregularity or informality in any bid proposals to the extent permitted by law.

BIDDER’S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the bid proposal.

By submitting a bid proposal, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all requirements attendant to the execution of the proposed contract before the delivery of his bid proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Desert Hot Springs based on ignorance or misunderstanding of the contract provisions.

WITHDRAWAL OF BID PROPOSALS: Any bidder may withdraw his bid proposal either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing date and time for receipt of bid proposals.

INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this contract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer or insurers, satisfactory to and first approved by the AGENCY in writing. Certificates of insurance in the amounts required shall be furnished by the Contractor to the AGENCY prior to the commencement of work.

The Contractor shall maintain adequate Worker’s Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Worker’s Compensation Insurance laws. The Contractor shall maintain public liability insurance to protect said Contractor and the AGENCY against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the AGENCY against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $1,000,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more Item Number: 10.

5 than one person injured in one accident and in the amount of not less than $1,000,000 with respect to any property damage aforesaid.

The Contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the Contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The faithful performance bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal.

The labor and material bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal.

INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid proposal for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Agency a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to reply on any such unauthorized oral interpretation.

TAXES: No mention shall be made of Sales Tax or Use Tax as all bid prices submitted will be considered to include such taxes.

BID PROTEST PROCEDURES: Any protest of the proposed award of bid to the bidder deemed the lowest responsible bidder must be submitted in writing to the City no later than 5:00 p.m. on the tenth (10th) calendar day following the date of the bid opening.

The initial protest must contain a complete statement of the basis for the protest.

The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.

The party filing the protest must concurrently transmit a copy of the initial protest to the bidder deemed the lowest responsible bidder.

The party filing the protest must have actually submitted a bid on the project. A subcontractor of a party filing a bid on this project may not submit a Bid Protest. A party may not rely on the Bid Protest submitted by another bidder, but must timely pursue its own protest.

Item Number: 10.

6 The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a Bid Protest. The bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue the Bid Protest, including filing of a challenge of the award pursuant to the California Public Contracts Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

The City shall review all timely protests prior to formal award of the bid. The City shall not be required to hold an administrative hearing to consider a timely protest, but may do so at the option of the Engineer, or if otherwise legally required. At the time of the City Council’s consideration of the award of the bid, the City Council shall also consider the merits of any timely protests and the Engineer’s recommendation thereon. The City Council may either accept the protest and award the bid to the next lowest responsible bidder, or reject the protest and award to the lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

AWARD AND EXECUTION OF CONTRACT:

COMPARISON OF BID PROPOSALS AND AWARD OF CONTRACT: After the bid proposals for the contemplated work have been opened and read as provided herein, the respective totals thereof, determined by applying the unit prices bid to the estimated quantities shown, will be extended and compared; and the results will thereupon be made public.

The award of the contract, if it should be awarded, will be made to the lowest responsive and responsible bidder whose bid proposal complies with all the prescribed requirements, but until an award is made the right will be reserved to reject any or all bid proposals, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility qualifications and responsive of the bidder to whom it is proposed to make such award.

EXECUTION OF CONTRACT: The agreement shall be signed by the awardees and returned to the Agency together with the contract bonds, and other contract documents as required in the Special Provisions, within ten (10) days after it has been delivered or mailed to him or his authorized agent.

No bid proposal shall be considered as being binding upon the Agency until the contract is fully executed; and failure of the awardees to properly execute the awarded contract and file acceptable bonds as provided in the Standard Specifications, shall be just and sufficient cause for the annulment of the award by the Agency and the forfeiture of his bid proposal guaranty.

LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Gov. Code Sec. 4100 and following). Forms for this purpose are furnished with the contract documents.

Item Number: 10.

7 WORKER’S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Agency the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” BID DEPOSIT RETURN: Deposits of three or more low bidders on each alternate, the number being at the discretion of the Agency, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be required after consideration of the bids.
“OR EQUAL”: Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380) Government Code, all specifications shall be deemed to include the words “or equal,” provided however that permissible exceptions hereto shall be specifically noted in the specifications.

EMPLOYMENT OF APPRENTICES: The Contractor, and all subcontractors, shall comply with the provisions in Sections 1777-5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and all subcontractors shall comply with Sections 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR).

EVIDENCE OF RESPONSIBILITY: Upon the request of the AGENCY, a bidder whose bid proposal is under consideration for the award of the contract shall submit promptly to the AGENCY satisfactory evidence showing the bidder’s financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract.

PERMITS, FEES, AND LICENSES: The Contractor shall possess valid business licenses for the City of Desert Hot Springs prior to the issuance of the first payment made under this contract.

The Contractor must also secure a “No Fee” permit from the Engineering Department of the City of Desert Hot Springs.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of the written “Notice to Proceed” of the AGENCY and to fully complete the project per schedule set forth in the Notice Inviting Item Number: 10.

8 Bids. Bidder must agree also to pay as liquidated damages, the sum of one thousand dollars ($1,000.00) for each working day thereafter as provided in these specifications.

The total Project is scheduled for 45 consecutive calendar days after commencement of work.

NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Desert Hot Springs.

ALTERING BID PROPOSALS: The wording of the bid proposals shall not be changed.

Any additions, conditions, limitations, or provisions inserted by the bidder will render the bid proposal irregular and may cause its rejection.

Erasures or interlineations in the bid proposal must be explained or noted over the signature of the bidder.

ACCEPTANCE OR REJECTION OF BID PROPOSALS: The City Council of the City of Desert Hot Springs reserves the right to reject any or all bid proposals and to waive any informality or defects in bid proposals received as the best interests of the City of Desert Hot Springs.

ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bid proposals, for the purpose of clarifying or correcting special provisions, plans or bid proposal.

Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address of the purchaser of the contract documents left with or furnished to the City of Desert Hot Springs and/or Planit Reprographics at the time the purchase was made.

Item Number: 10.

9 BIDDER’S PROPOSAL
FOR THE Reflection Park Phase II Project IN THE CITY OF DESERT HOT

SPRINGS, CALIFORNIA
Date_________________________ 20______
To the City Council of the
City of Desert Hot Springs:

The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name under which the co-partnership does business, and the names and addresses of all copartners. If an individual, state the name under which the contract is to be drawn.) (b) That this bid proposal is made without collusion with any person, firm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid proposal solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Desert Hot Springs to him at the address furnished by him to the City of Desert Hot Springs when this bid proposal form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid proposal in accordance therewith.

Item Number: 10.

10 (f) That, if this bid proposal is accepted he will enter into a written contract for the performance of the proposed work with the City of Desert Hot Springs. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be.

Accompanying this bid proposal is a certified or cashier’s check or bidder’s bond, payable to the order of the City of Desert Hot Springs in the sum of_________________ _____________________________________DOLLARS ($_________________) Said bidder’s bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state.

It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said cash, check, or bidder's bond, shall become the property of the City of Desert Hot Springs, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check or cash shall be returned to the undersigned, or the bidder will be released from the bidder’s bond.
______________________________________________ ______________________ Address of Bidder Telephone of Bidder
_____________________________________ _______________________________ City Zip Code Signature of Bidder
Item Number: 10.

11 BID PROPOSAL FORMS
Reflection Park Phase II Project
Schedule of Prices

IN THE CITY OF DESERT HOT SPRINGS

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

ITEM
NO.

EST.

QTY.

DESCRIPTION UNIT
PRICE
TOTAL
PRICE
1 1 LS Mobilization (Not to Exceed 5%)
2 610 LF Temporary Construction Fencing
3 1 LS Traffic Control and Accessibility
4 1 LS Demolition & Site Clearing
5 1 LS Earthwork and Grading
6 1 LS Water Pollution Control, PM10
7 750 SF PCC Pedestrian Pavement 4"
THK.
8 7,500 SF Decomposed Granite Mulch 3"
THK.
9 865 SF Rock Cobble W/ Gravel Infill 6"
THK
10 76 LF PCC Maintenance Band 6" Wide
11 72 LF 6' Ht. Salvaged Metal Fence W/
New Posts
12 360 LF 6' Ht. Metal Picket Fence
Item Number: 10.

12 ITEM
NO.

EST.

QTY.

DESCRIPTION UNIT
PRICE
TOTAL
PRICE
13 9 EA Landscape Boulders 5'
14 15 EA Landscape Boulders 4'
15 9 EA Landscape Boulders 3'
16 33 EA Salvaged Boulders
17 1 LS Monument Sign w/ Solar Light
18 7,170 SF Soil Prep & Fine Grading
19 7,170 SF Weed Abatement
20 1 LS Irrigation
21 14 EA Palm Trees 18' BTH
22 44 EA Shrubs - 5 Gal
23 1 LS Ninety (90) Day Maintenance
24 1 LS Light Poles w/ Solar Fixtures
25 1 LS Solar Lights at Palms &
Monument
TOTAL BID __________________________________________ $________________ (words)
Item Number: 10.

13 The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid proposal and the acceptance thereof may be considered null and void.

Signature of bidder ________________________________________ (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer and manager thereof.) ________________________________________
________________________________________
________________________________________
Business Address
________________________________________
Telephone Number
Dated: ______________________________________, 20___
Item Number: 10.

14 DESIGNATION OF SUBCONTRACTORS AND CDBG EXHIBIT B-9
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under which
Subcontractor is
Licensed
and Registered
Federal ID
Number
CSLB License
Number(s)
and Class(es)
DIR
Contractor
Registration
Number
Address and Phone
Number
Type of Work
(e.g., Electrical)
Percentage of
Total Bid
(e.g.,10%) *
* The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

Item Number: 10.
15 DESIGNATION OF SUBCONTRACTORS AND CDBG EXHIBIT B-9 CONTINUED

SUPPLIERS
NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT
If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) ______________________ _______________________________________ Dated Bidder
_______________________________________
Signature
_______________________________________
Signature

Item Number: 10.
16 CONTRACTOR’S INDUSTRIAL SAFETY RECORD
Bidder’s Name: ___________________________________
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last four calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.

Current Year
of Record
2023 2022 2021 2020 2019 TOTAL
Number of contracts
Total dollar amount of contracts
(in thousands of dollars)
Number of fatalities
Number of lost workday cases
Number of lost workday cases
involving permanent transfer to
another job or termination of
employment
*The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSEA No. 102.

The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. _________________________________________________________________________________________________________ Signature Title Date
_________________________________________________________________________________________________________ Signature Title Date

Item Number: 10.
17 REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years.

1. _______________________________________________________________ Name and Address of Owner
_______________________________________________________________ Primary Contact Name, Email, and Telephone Number
_______________________________________________________________ Second Contact Name, Email, and Telephone Number
_______________________________________________________________ Contract Amount Type of Work Date Completed

2. _______________________________________________________________ Name and Address of Owner
_______________________________________________________________ Primary Contact Name, Email, and Telephone Number
_______________________________________________________________ Second Contact Name, Email, and Telephone Number
_______________________________________________________________ Contract Amount Type of Work Date Completed

3. _______________________________________________________________ Name and Address of Owner
_______________________________________________________________ Primary Contact Name, Email, and Telephone Number
_______________________________________________________________ Second Contact Name, Email, and Telephone Number
_______________________________________________________________ Contract Amount Type of Work Date Completed
Item Number: 10.

18 4. _______________________________________________________________ Name and Address of Owner
_______________________________________________________________ Primary Contact Name, Email, and Telephone Number
_______________________________________________________________ Second Contact Name, Email, and Telephone Number
_______________________________________________________________ Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

Item Number: 10.

19 PUBLIC WORKS CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
_______________________
THIS PUBLIC WORKS CONSTRUCTION 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 "City," and _______________, a ________________, hereinafter referred to as "Contractor."

RECITALS
WHEREAS, the City desires to retain Contractor, on an independent contractor basis, to perform [INSERT BRIEF DESCRIPTION OF SERVICES] as more particularly described below; and
WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND

RELEASES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE

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

AGREEMENT

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

2. Project Information.
• Location: _________________ as depicted in Contractor’s proposal dated ___________, 20___, and attached hereto and incorporated herein as Exhibit “A” (“Scope of Services” or sometimes “Project”). In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede. • Project description, including significant materials to be used and equipment to be installed: ____________________, in the City of Desert Hot Springs, California, as set forth in the Scope of Services.

Item Number: 10.

20 • License classification applicable to Project: _______________ • Approximate start date: ___________________
• Approximate completion date: _______________
• Substantial completion of work evidenced by: Inspection and approval by City Staff.
• It is expressly agreed that except for extensions of time duly granted by the City, in writing, time shall be of the essence.
• The parties agree that the specifications, standards, and procedures set forth in the 2021 Greenbook: Standard Specifications for Public Works Construction (“Greenbook”) shall govern the completion of the Project, and to such extent the Greenbook is incorporated herein by this reference; provided, however, in the event any conflict exists between this Agreement and the Greenbook, this Agreement shall supersede unless otherwise required by law.

3. Contractor Information
• Address: _________________
• License Number: ____________

4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until expiration of the term of this Agreement as defined in Section 9, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period.
b. Contractor shall further procure and maintain at its own expense, until expiration of the term of this Agreement as defined in Section 9, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Unless Contractor has no employees and is exempt from worker’s compensation requirements, Contractor shall further procure and maintain at its Item Number: 10.

21 expense, until expiration of the term of this Agreement as defined in Section 9, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Project to do the same.

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

5. Insurance Documentation
Item Number: 10.

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

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

6. Security
a. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a payment bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “B,” in an amount equal to _________________Dollars and No Cents ($_________), as security of the payment of all persons performing labor and furnishing materials in connection with this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating.
b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit Item Number: 10.

23 “C,” or deposit an amount with the City equal to _____________________Dollars and No Cents ($_________), as security for the faithful performance of this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating. c. The surety on any and all bonds and the form thereof shall be satisfactory to the City Attorney.
d. The payment bond shall remain in force and shall not be released until at least seven (7) months after the date of recordation of the Notice of Completion or Notice of Acceptance, whichever occurs first. The performance bond shall remain in force until at least (1) year after the date of final acceptance of the Project, unless the City determines, in its sole and absolute discretion, to release the Performance Bond earlier and notifies Contractor of the same in writing.

7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed
_________________ Dollars and No Cents ($_________) for the services rendered by Contractor pursuant to this Agreement, including profit, labor and materials, in accordance with the Scope of Services.
b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount specified in the invoice within 30 days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.
c. City shall retain 10 percent of each progress payment as security for completion of the balance of the work including confirmation from subcontractors, vendors, suppliers, or others working on project of final payment which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.

8. Extra Work and Change Orders
Extra work and change orders shall become a part of this Agreement once the extra work or change order is approved in writing and signed by the City and Contractor, prior to the commencement of any extra work or change in work covered by the change order. The City’s form change order shall be used for both extra work and a change in work. The change order must describe the scope of the extra work or change in work, and the cost to be added or subtracted from this Agreement. The City shall not require Contractor to perform any extra work or a change in work without written authorization.

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

Item Number: 10.

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

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

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

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

Neither the acceptance nor prior inspections or failure to inspect shall constitute a waiver by the City of any defects in the Project. From and after acceptance, the Project shall be owned and operated by the City. As a condition to acceptance, Contractor shall certify to the City in writing that all of the Project performance has been performed in strict conformity with this Agreement and that all costs have been paid, satisfactory to the City, guaranteeing such performance.

Item Number: 10.

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

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

14. Indemnification
a. Contractor shall defend, indemnify and hold harmless the City, their officers, officials, agents, employees, volunteers, the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) arising out of the performance of this Agreement, except for any such claim arising out of the sole or active negligence or willful misconduct of the City, or their officers, agents, employees or volunteers.

Item Number: 10.

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

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

Item Number: 10.

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

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

Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment. c. Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage Item Number: 10.

28 determination for each craft reflects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid.

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

29 3700 of the Labor Code, Contractor must secure payment of compensation to all Contractor’s employees. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

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

To the City: Public Works Director
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
To Contractor: ____________________
____________________
____________________
____________________
____________________
____________________
____________________
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

19. Additional Federal Requirements
Whereas the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and 2 CFR Part 200. Contractor, sub-contractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applicable requirements as follows:

A. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Item Number: 10.

30 Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.

B. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.

C. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.

D. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333:

Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible Item Number: 10.

31 provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek.

Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

E. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

F. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).

G. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).

H. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

I. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.

Item Number: 10.

32 Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

J. Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.

K. Access to Records and Records Retention: The Consultant or Contractor, and any sub-consultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

L. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

M. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).

N. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials Item Number: 10.

33 identified in the EPA guidelines.

20. General Conditions
a. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
b. Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. c. Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. d. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. e. Litigation Expenses and Attorneys Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
g. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Contractor. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. h. Conflicts of Interest. Contractor covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Contractor’s services under this Agreement. In the event the City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Item Number: 10.

34 Economic Interests, Contractor shall file the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
i. Termination. The City shall have the option to terminate the contract if Contractor fails to perform all work as defined within the specifications and plans and all the covenants contained as provided for in the contract. The City and/or funding agency shall have the right to seek sanctions and penalties as may be appropriate to the violation/breach. In addition, the City may terminate this agreement if it determines that for financial reasons or other factors, not solely related to contractor’s failure to perform, including but not limited to violation of applicable Federal and/or State laws that Contractor is in breach of this contract. Contractor will be paid for all work performed up to termination date.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 10.

35 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, CMC, City Clerk

APPROVED AS TO FORM:

_______________________________
Tuan- Anh Vu, City Attorney
_____________________________

_____________________________
By Its: _______________________

"N:\DHSO\0008-01 Public Works\Forms\5001 - Public Works Construction Agreement Prevailing Wage with Bonds (8.3.17).docx"
Item Number: 10.

36 EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED PROPOSAL
DATED _____________
Item Number: 10.

37 EXHIBIT “B”

PAYMENT BOND
See Post Contract Award Forms
Item Number: 10.

38 EXHIBIT “C”

PERFORMANCE BOND
See Post Contract Award Forms
Item Number: 10.

39 EXHIBIT “D”
HOLD HARMLESS/INDEMNIFICATION – RIVERSIDE COUNTY
Hold Harmless/Indemnification
CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability, action, claim or damage whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. CONTRACTOR shall defend, at its sole expense, all costs, and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’S indemnification to Indemnitees as set forth herein.

CONTRACTOR’S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’S obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

Insurance
Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement.

As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Divisions, and Departments, their respective directors, officers, Board of Supervisors, Directors, employees, elected or appointed officials, agents, or representatives as Additional Insureds.

A. Workers’ Compensation:

If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the COUNTY.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal Item Number: 10.

40 and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non-owned, or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.

D. Professional Liability Contractor shall maintain Professional Liability Insurance providing coverage for the Contractor’s performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that CONTRACTOR has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2), or 3) will continue as long as the law allows.

E. General Insurance Provisions - All lines:
1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
2) The CONTRACTOR must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the COUNTY’s Risk Manager, CONTRACTOR’S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) CONTRACTOR shall cause CONTRACTOR’S insurance carrier(s) to furnish the COUNTY with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the COUNTY Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force Item Number: 10.

41 and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the COUNTY prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the COUNTY receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect.

CONTRACTOR shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier shall sign the original endorsements for each policy and the Certificate of Insurance. 4) It is understood and agreed to by the parties hereto that the CONTRACTOR’S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or selfinsured retention’s or self-insured programs shall not be construed as contributory. 5) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the COUNTY Risk Manager's reasonable judgment, the amount or type of insurance carried by the CONTRACTOR has become inadequate.
6) CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
7) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY.
8) CONTRACTOR agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

Item Number: 10.

42 AFFIDAVIT FOR CO-PARTNERSHIP FIRM

STATE OF CALIFORNIA )
)ss
COUNTY OF ____________ )
___________________________________________________, being first duly sworn, deposes and says:

That he is a member of the co-partnership firm designated as ______________________________________________________________________ which is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.

That he has been and is duly vested with authority to make and sign instruments for the co-partnership by
______________________________________________________________________ ______________________________________________________________________ who constitute the other members of the co-partnership. __________________________
Signature
Subscribed and sworn (affirmed)
to before me this
_________________day of _________________________, 20____ ________________________________________________
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Item Number: 10.

43 AFFIDAVIT FOR CORPORATION BIDDER

STATE OF CALIFORNIA )
)ss
COUNTY OF ___________ )
___________________________________________________, being first duly sworn, deposes and says:

That he is ___________________________________________________________of, ______________________________________________________________________ a corporation which is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.
__________________________
Signature
Subscribed and sworn (affirmed)
to before me this
_________________day of _________________________, 20___ ________________________________________________
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Item Number: 10.

44 AFFIDAVIT FOR INDIVIDUAL BIDDER

STATE OF CALIFORNIA )
)ss
COUNTY OF ___________ )
___________________________________________________, being first duly sworn, deposes and says:

That he is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.
__________________________
Signature
Subscribed and sworn (affirmed)
to before me this
_________________day of _________________________, 20___

________________________________________________
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Item Number: 10.

45 AFFIDAVIT FOR JOINT VENTURE

STATE OF CALIFORNIA )
)ss
COUNTY OF ___________ )
_____________________________________________, being first duly sworn, deposes and says:

That he is ___________________________________________________________of, ______________________________________________________________________ one of the parties submitting the foregoing bid proposal as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid proposal who are:
_____________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.
__________________________
Signature
Subscribed and sworn
to before me this
_________________day of _________________________ , 20___ ________________________________________________
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Item Number: 10.

46 BIDDER’S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,___________________________ _________________________________________________________as principal, and ______________________________________________as surety, are held and firmly bound unto the City of Desert Hot Springs, hereinafter “City” in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said CITY or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of $____________ _____________________________________________________________________.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to the City of Desert Hot Springs for certain construction specifically described as follows, for which bids are to be opened at Desert Hot Springs City Hall on May 29, 2025 for Reflection Park Improvement Project.

NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid proposal, and files the two bonds with the City of Desert Hot Springs, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

Item Number: 10.

47 BIDDER'S BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____________ day of ______________________________ , 20___ _____________________________________(seal)
______________________________________(seal)
______________________________________(seal)
______________________________________(seal)

PRINCIPAL
______________________________________(seal)
______________________________________(seal)
SURETY
______________________________________(seal)

ADDRESS
NOTE: Signatures of those executing for the surety must be properly acknowledged.

Item Number: 10.

48 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Desert Hot Springs, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all Federal, State, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM____________________________________________________________ TITLE OF OFFICER SIGNING________________________________________ SIGNATURE_______________________________DATE__________________ Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Item Number: 10.

49 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS

CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY

CLAUSE AND THE FILING OF REQUIRED REPORTS
The bidder ________________, proposed subcontractor ______________, hereby certifies that he has ____, has not ____, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has ____, has not ____, filed with the Joint Reporting Committee, the Director of the office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. _____________________________________
(COMPANY)
BY:__________________________________
_____________________________________
(TITLE)
DATE:___________________, 20___.

NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt).

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Item Number: 10.

50 NON-COLLUSION AFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract, being duly sworn, deposes and says:

That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

C
All project work and incidental items to complete the project shall be performed in accordance with the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition.
________________________________
________________________________
________________________________
Signature of Bidder
__________________________________
Business Address
__________________________________
Place of Business
Subscribed and sworn (affirmed) to before me this _____day of _____________, 20___ _____________________________________________________
Notary Public in and for the County of________________________ ______________________________, State of California
My commission expires _____________________, 20__
Item Number: 10.

51 SPECIAL FEDERAL PROVISIONS

GENERAL SUMMARY
The following Federal Provisions and the attached exhibits herewith become binding on the contractor(s) and incorporated in the Bid Document in their entirety.

1. The Contractor and the Subcontractor(s) shall perform all work in accordance with the project plans and specifications, including all stipulations designed to meet diversified Federal Environmental Architectural, the Architectural Barriers Act of 1968, as amended; the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.

2. The Contractor and the Subcontractor(s) shall allow all authorized Federal, State Comptroller, and/or County officials access to the work area, fiscal, payroll, materials and other relevant contract records which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. All relevant records must be retained for at least four years.

3. The Contractor and the Subcontractor(s) shall comply with the Lead Based Paint Poisoning Prevention Act and the Implementation Regulations (24 CFR 35) issued pursuant thereto and any amendments thereof.

4. The Contractor and the Subcontractor(s) shall comply with Section 503 of the Rehabilitation Act of 1973 (P.L. 93-112) and the Implementation Regulations (41 CFR 60-741) issued pursuant thereto and any amendments thereof.

5. The Contractor and the Subcontractor(s) shall comply with Section 40-2, Vietnam Era Veterans Adjustment Assistance Act of 1974 and the Implementation Regulations (41 CFR 60- 250) issued pursuant thereto and any amendment thereof.

6. The Contractor and the Subcontractor(s) shall comply with the Title IV of the Civil Rights Act of 1964 and the Title VIII of the Civil Rights Act of 1963 and any amendment thereof.

7. For projects $100,000 or over, the Contractor and the Subcontractor(s) shall comply with Clean Air Act of 1963 (P.L. 90-148) and the Federal Water Pollution Act (P.L. 92-500), as amended and all applicable standards or regulations (40 CFR Part 15 and 61) issued pursuant to the said acts.

8. For projects $2,000 or over, the Contractor and the Subcontractor(s) shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276 a-5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof.

Pursuant to the said regulations, Exhibit B-1 and B-2 entitled “Federal Labor Standards Provisions” and “Federal Prevailing Wage Decision” respectively are herewith attached.

9. The Contractor and Subcontractor(s) shall comply with the Copeland Anti Kickback Act (40 USC 276 C) and the Implementation regulations (29 CFR 3) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act.

Item Number: 10.

52 10. For construction projects $2,000 or over, or other projects $2,500 or more which utilize mechanics or laborers the Contractor and the Subcontractor(s) shall comply with the Contract Work Hours and Safety Standards Act (40 USC 327-332) and the Implementation Regulations (29 CFR 5) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act.

11. For projects $25,000 or over the Contractor shall provide one sign board to be located as directed by the owner. The sign board shall be mounted in an acceptable manner and constructed as shown and specified in Exhibit B-3. Additional information can be added to the project sign at the request of the project sponsor.

12. The Contractor shall comply with all laws, ordinances, and regulations applicable to the work.

If the Contractor ascertains at any time that any of the requirements of the contract are at variance with applicable law, ordinances, regulations or building code requirements, he shall promptly notify the owner and the Executive Director of Riverside County's Department of Housing & Workforce Solutions and shall not proceed with the work in question, except at his own risk, until the owner and the said Director has had an opportunity to determine the extent of the responsibility for the variance and the appropriate corrective actions undertaken.

13. The Contractor must complete and execute the attached Certification of Bidder Regarding Segregated Facilities Exhibit B-4 and submit with the bid.

14. Wherever applicable, the Contractor and the Subcontractor(s) shall comply with, Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments, 24 CFR Part 85 or Uniform Requirements for Assistance to State and Local Governments, Circular A-102; Whichever is applicable.

15. For projects $100,000 or over the Contractor shall furnish to the owner, a Performance bond, a Payment bond, and Materials Bond executed as surety by a corporation acceptable to the owner and authorized to issue surety bonds in the State of California. Such a performance bond and a payment bond and materials bond shall be for one hundred percent (100%) of the total contract price. (Attached herewith are recommended formats for said bonds, Exhibits PA-1 and PA-2.

16. The Contractor and the Subcontractor(s) shall comply with Section 3 of The Housing and Community Development Act of 1968 and the regulations (24 CFR Part 75) issued pursuant thereto and amendments thereof. Pursuant to the said act, the Contractor and the Subcontractor(s) shall comply with the attached County of Riverside Section 3 Implementation Plan Exhibits B-5, B-6, and PA-6. The Contractor and Sub-contractor(s) must submit Exhibit B-6, for all projects over $200,000, as part of the bid package.

17. The Contractor and Sub-contractor(s) must submit the attached, Exhibit B-8, certification that “he/she fully understands the diversified Federal requirements imposed on the Contractor(s) and Sub-contractor(s) of HUD funded construction projects”, as part of the bid package.

Item Number: 10.

53 18. Wherever applicable, the Contractor and the Sub-contractor(s) shall comply with Section 109 of The Housing and Community Development Act of 1974 and the Implementation Regulations (24 CFR 570.601) issued pursuant thereto and any amendments thereof.

19. For projects $100,000 or over the Contractor shall submit a Bid Guarantee Bond in an amount no less than 5% of the total contract price, along with the bid.

20. The Contractor and Sub-contractor(s) shall comply with the Section 3 Reporting Requirements by completing the attachment Exhibit B-7 entitled, “Certification for Section 3 Compliance,” and submit with bid for all projects $200,000 and over.

21. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

22. The Contractor must submit Questionnaire Regarding Bidders Exhibit B-9 and List of Subcontractors Exhibit B-10 as part of the bid package. These forms are considered part of the Federal Contracting Requirements and are included in the bid document. Both documents are required to be completed by the Prime Contractor.

23. The Contractor shall follow mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [ 53 FR 8068,8087, Mar. 11, 1988, as amended at 60 FR 19639,19642, April 19, 1995]

24. Contractor must comply with awarding agency (HUD) requirements and regulations pertaining to copyrights and rights in data.

25. Contractor will comply with Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.

Contractor will comply with notice of awarding agency requirements and regulations pertaining to reporting.

Item Number: 10.

54 H OL D HA R ML ES S C L A U S E /IN S U RA N C E RE QU IRE MEN T S The following County of Riverside Hold Harmless and Insurance provisions herewith become binding on the contractor(s) in their entirety.

HOLD HARMLESS/INDEMNIFICATION
CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of CONTRACTOR, its officers, employees, subcontractors, agents or representatives Indemnitors from this Agreement. CONTRACTOR shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’S indemnification to Indemnitees as set forth herein.

CONTRACTOR’S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’S obligations to indemnify and hold harmless the Indemnitees herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CONTRACTOR from indemnifying the Indemnitees to the fullest extent allowed by law.

INSURANCE
Without limiting or diminishing the CONTRACTOR’S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers’ Compensation:

If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Item Number: 10.