Desert Hot Springs City Council
October 7, 2025

SR-25-232
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 7, 2025
Department: Public Works
Prepared by: Daniel Porras, Deputy City Manager
Subject: Award Construction Agreement for the Eagles Sports Park Street Improvements Project 4020
RECOMMENDATION:
1) Award the construction contract to the lowest responsible bidder, Onyx Paving Company, and; 2) Authorize the City Manager to draft and execute the construction agreement for Eagles Sports Park Street Improvements Project, City Project No. 4020, with Onyx Paving Company, in an amount not to exceed $1,617,000.00, with a 10% contingency of $161,700.00 bringing the total amount to $1,778,700.00; and, approve a total project budget in an amount of $1,848,700.00 for additional project expenses for construction management.

BACKGROUND:

The Eagles Sports Park Street Improvements Project includes all street frontage improvements along Flora Avenue, Cholla Drive and Hacienda Avenue to support the Eagles Sports Park (formerly Corporate Yard Park) currently in final design. The project scope of work includes the construction of new curb and gutter and street widening along all three street fronts, a new on-site fire hydrant for additional fire protection of the park and corporate yard, new ADA access ramps and driveway approaches. These street improvements were designed in coordination with the park improvements scheduled to go out for construction bids within the next 30 days. The improvements were designed by Omnis under their on-call engineering professional services contract.

DISCUSSION:

On August 21, 2025, the City of Desert Hot Springs issued a Notice of Inviting Bids for construction of the Eagles Sports Park Street Improvements Project, City Project No. 4020. 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 26 days, closing on September 15, 2025.

On September 15, 2025, City Staff received and publicly opened seven (7) bid packages. The following are the bid packets received with corresponding total bid amounts, the detailed bid tabulation is shown as an exhibit.

Company/Vendor Total Bid Amount
Onyx Paving Company $1,617,000.00
Item Number: 9.

SR-25-232
All American Asphalt $1,947,383.00
Romero General Construction $2,060,892.50
Hardy & Harper $2,080,000.00
Granite Construction $2,173,773.00
Tri-Star Contracting $2,202,269.30
MDB General Engineering $2,212,242.00
Staff reviewed the bids and verified all submittals and determined the lowest responsible bidder to be Onyx Paving Company with a total bid amount of $1,617,000.00. Staff verified references and found Onyx Paving Company to meet the necessary qualifications.

FISCAL IMPACT:

Eagles Sports Park Improvements Project
Construction Costs
Lowest Bid $ 1,617,000.00
Contingency 10% $ 161,700.00
Sub-Total $ 1,778,700.00
Construction Management
As-Needed Inspection Services $ 50,000.00
As-Needed Materials Testing $ 20,000.00
Sub-Total $ 70,000.00
Total Project Budget $ 1,848,700.00
Funding Sources
Measure A $ 100,000.00
SB1 $ 500,000.00
DIF Streets $ 1,248,700.00
Total Project Budget $ 1,848,700.00
STRATEGIC ALIGNMENT:

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

Goal 7: Community Parks
Provide maintenance and strategic upgrades at existing parks while pursuing creative ways to expand park offerings via pocket parks and securing grant funding to plan for and build out parks in the Parks Master Plan.

Goal 10: Street/Road Infrastructure
Intense focus on fiscal and operational needs to ensure the city can meet the growing demands of the community by maintaining existing street/road infrastructure while Item Number: 9.

SR-25-232
planning for long-term growth and development.

ATTACHMENTS:
1) Eagles Sports Park Street Improvements - Bid Item Tabulation 2) Onyx Paving Company Inc. - Bid Eagles Park Street Improvement 3) Onyx Paving - Public Works Construction Agreement DRAFT Item Number: 9.

Eagles Sports Park Street Improvement Project 4020
Bid Item Tabulation
Engineers Estimate Onyx All American Romero Hardy & Harper Granite Tri-Star MDB Line Item Description QTY UNIT UNIT COST TOTAL QTY UNIT UNIT COST TOTAL QTY UNIT UNIT COST TOTAL QTY UNIT UNIT COST TOTAL QTY UNIT UNIT COST TOTAL QTY UNIT UNIT COST TOTAL QTY UNIT UNIT COST TOTAL QTY UNIT UNIT COST TOTAL 1 Mobilization 1 LS $ 75,000 1 LS $ 42,000 1 LS $ 99,000 1 LS $ 100,000 1 LS $ 50,000 1 LS $ 100,000 1 LS $ 109,560 1 LS $ 32,000 2 Traffic Control 1 LS $ 22,000 1 LS $ 123,000 1 LS $ 145,000 1 LS $ 140,000 1 LS $ 200,000 1 LS $ 45,000 1 LS $ 36,638 1 LS $ 62,000 3 SWPPP, BMPs, Fugitive Dust Control 1 LS $ 17,500 1 LS $ 11,000 1 LS $ 10,000 1 LS $ 25,000 1 LS $ 10,000 1 LS $ 16,000 1 LS $ 38,478 1 LS $ 40,000 4 Construction Survey & Staking 1 LS $ 45,000 1 LS $ 33,600 1 LS $ 30,000 1 LS $ 28,750 1 LS $ 30,000 1 LS $ 30,000 1 LS $ 44,960 1 LS $ 70,000 5 Demolition, Removals, & Grading 1 LS $ 245,000 1 LS $ 245,817 1 LS $ 268,000 1 LS $ 500,000 1 LS $ 251,945 1 LS $ 762,738 1 LS $ 479,020 1 LS $ 400,000 6 Construct PCC C&G 3715 LF 55 $ 204,325 3715 LF 44 $ 163,460 3715 LF 54 $ 200,610 3715 LF 43 $ 159,745 3715 LF 65 $ 241,475 3715 LF 46 $ 170,890 3715 LF 55.9 $ 207,669 3715 LF 56 $ 208,040 7 Construct AC Dike 78 LF 35 $ 2,730 78 LF 33 $ 2,574 78 LF 91 $ 7,098 78 LF 55 $ 4,290 78 LF 65 $ 5,070 78 LF 131 $ 10,218 78 LF 129 $ 10,062 78 LF 35 $ 2,730 8 PCC Straight C&G to Rolled Curb 60 LF 75 $ 4,500 60 LF 44 $ 2,640 60 LF 60 $ 3,600 60 LF 37.5 $ 2,250 60 LF 65 $ 3,900 60 LF 67 $ 4,020 60 LF 106.5 $ 6,390 60 LF 95 $ 5,700 9 Construct PCC Cross Gutter on Aggregate Base 3006 SF 45 $ 135,270 3006 SF 22 $ 66,132 3006 SF 29 $ 87,174 3006 SF 16.75 $ 50,351 3006 SF 35 $ 105,210 3006 SF 25 $ 75,150 3006 SF 13.6 $ 40,882 3006 SF 32 $ 96,192 10 Construct PCC SW 23850 SF 14 $ 333,900 23850 SF 8 $ 190,800 23850 SF 11 $ 262,350 23850 SF 7.8 $ 186,030 23850 SF 13 $ 310,050 23850 SF 8 $ 190,800 23850 SF 11.6 $ 276,660 23850 SF 12 $ 286,200 11 New Curb Ramp 11 EA 3500 $ 38,500 11 EA 5500 $ 60,500 11 EA 7100 $ 78,100 11 EA 1200 $ 13,200 11 EA 7000 $ 77,000 11 EA 1200 $ 13,200 11 EA 8431 $ 92,741 11 EA 5000 $ 55,000 12 Modify Existing ADA Ramp 7 EA 1850 $ 12,950 7 EA 2800 $ 19,600 7 EA 2600 $ 18,200 7 EA 1200 $ 8,400 7 EA 2500 $ 17,500 7 EA 1500 $ 10,500 7 EA 1677 $ 11,739 7 EA 2000 $ 14,000 13 Construct PCC Commercial DWY w/ 4' ADA SW 3438 SF 40 $ 137,520 3438 SF 18 $ 61,884 3438 SF 20 $ 68,760 3438 SF 20 $ 68,760 3438 SF 25 $ 85,950 3438 SF 20 $ 68,760 3438 SF 18.2 $ 62,572 3438 SF 25 $ 85,950 14 Construct PCC Residential DWY w/4' ADA SW 256 SF 25 $ 6,400 256 SF 15 $ 3,840 256 SF 16 $ 4,096 256 SF 16 $ 4,096 256 SF 25 $ 6,400 256 SF 17 $ 4,352 256 SF 73.1 $ 18,714 256 SF 55 $ 14,080 15 Construct 7" Thick Aggregate Base 3450 Ton 75 $ 258,750 3450 Ton 36 $ 124,200 3450 Ton 30 $ 103,500 3450 Ton 48 $ 165,600 3450 Ton 55 $ 189,750 3450 Ton 45 $ 155,250 3450 Ton 55.5 $ 191,475 3450 Ton 63 $ 217,350 16 Construct 5" Thick AC Pavement 2850 Ton 110 $ 313,500 2850 Ton 113 $ 322,050 2850 Ton 136 $ 387,600 2850 Ton 150 $ 427,500 2850 Ton 115 $ 327,750 2850 Ton 120 $ 342,000 2850 Ton 118 $ 336,300 2850 Ton 165 $ 470,250 17 Adjust WV to grade 10 EA 700 $ 7,000 10 EA 777 $ 7,770 10 EA 1120 $ 11,200 10 EA 1650 $ 16,500 10 EA 2000 $ 20,000 10 EA 1825 $ 18,250 10 EA 3432 $ 34,320 10 EA 320 $ 3,200 18 Adjust SMH to grade 11 EA 900 $ 9,900 11 EA 1333 $ 14,663 11 EA 2380 $ 26,180 11 EA 2500 $ 27,500 11 EA 2000 $ 22,000 11 EA 1950 $ 21,450 11 EA 3432 $ 37,752 11 EA 1200 $ 13,200 19 Re-establish Survey Monument 4 EA 1750 $ 7,000 4 EA 1333 $ 5,332 4 EA 900 $ 3,600 4 EA 850 $ 3,400 4 EA 1000 $ 4,000 4 EA 1000 $ 4,000 4 EA 1188 $ 4,752 4 EA 1100 $ 4,400 20 Construct 6" FH Assemble and Connect to Valve 1 EA 12500 $ 12,500 1 EA 15000 $ 15,000 1 EA 31000 $ 31,000 1 EA 37950 $ 37,950 1 EA 25000 $ 25,000 1 EA 32000 $ 32,000 1 EA 27743 $ 27,743 1 EA 15000 $ 15,000 21 Construct Curb Inlet Catch Basin and Connect New 18" RCP 1 EA 15000 $ 15,000 1 EA 22000 $ 22,000 1 EA 28000 $ 28,000 1 EA 35550 $ 35,550 1 EA 25000 $ 25,000 1 EA 31000 $ 31,000 1 EA 48608 $ 48,608 1 EA 39050 $ 39,050 22 Remove and Relocate Existing Mailbox 1 EA 1000 $ 1,000 1 EA 1333 $ 1,333 1 EA 1170 $ 1,170 1 EA 1000 $ 1,000 1 EA 1500 $ 1,500 1 EA 1000 $ 1,000 1 EA 660 $ 660 1 EA 650 $ 650 23 Construct 6' Chainlink Fence w/Top rail and Barbed Wire 355 LF 45 $ 15,975 355 LF 111 $ 39,405 355 LF 99 $ 35,145 355 LF 57.4 $ 20,377 355 LF 100 $ 35,500 355 LF 91 $ 32,305 355 LF 107.6 $ 38,198 355 LF 150 $ 53,250 24 Construct 6' Chainlink Double Leaf Drive Gate w/ Barbed Wire 1 EA 2600 $ 2,600 1 EA 11000 $ 11,000 1 EA 11000 $ 11,000 1 EA 5000 $ 5,000 1 EA 10000 $ 10,000 1 EA 8890 $ 8,890 1 EA 12058 $ 12,058 1 EA 20000 $ 20,000 25 Install Pavement Striping Lines, Markings, Legends, Markers, & Signs 1 LS 20000 $ 20,000 1 LS 28000 $ 28,000 1 LS 27000 $ 27,000 1 LS 29644 $ 29,644 1 LS 25000 $ 25,000 1 LS 26000 $ 26,000 1 LS 34320 $ 34,320 1 LS 34000 $ 34,000 $ 1,943,820 $ 1,617,600 $ 1,947,383 $ 2,060,893 $ 2,080,000 $ 2,173,773 $ 2,202,269 $ 2,242,242

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PUBLIC WORKS CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND

ONYX PAVING COMPANY INC
THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this ____ 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 Onyx Paving Company Incorporated , a Corporation, 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: Flora Ave, Cholla Ave, Hacienda Ave. 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.

Item Number: 9.

• Project description, including significant materials to be used and equipment to be installed: Eagles Sports Park Street Improvements, in the City of Desert Hot Springs, California, as set forth in the Scope of Services. • 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.

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

4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until completion of performance and acceptance by the City, 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 completion of performance and acceptance by the City, 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.

Item Number: 9.

c. Unless Contractor has no employees and is exempt from worker’s compensation requirements, Contractor shall further procure and maintain at its expense, until completion of performance and acceptance by the City, 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 Item Number: 9.

any kind or nature attributable to the City, and/or their officers, employees, servants, volunteers, agents and independent contractors.

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

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Contractor shall ensure that the most current certification of insurance shall be delivered to the City at all times until completion of performance and acceptance by the City.
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 One Million Six Hundred Seventeen Dollars and No Cents ($1,617,000.00), as security of the payment of all persons performing labor and Item Number: 9.

furnishing materials in connection with this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating.
b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “C,” or deposit an amount with the City equal to One Million Six Hundred Seventeen Dollars and No Cents ($1,617,000.00), 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.

7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed One Million Six Hundred Seventeen Dollars and No Cents ($1,617,000.00), for the services rendered by Contractor pursuant to this Agreement, including profit, labor and materials. b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount specified in the invoice within 30 days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.
c. Pursuant to Public Contract Code section 9203, the City shall retain no less than five percent of the compensation to be paid to Contractor which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.

8. Extra Work and Change Orders
Extra work and change orders shall become a part of this Agreement once the extra work or change order is approved in writing and signed by the City and Contractor, prior to the commencement of any extra work or change in work covered by the change order. The City’s form change order shall be used for both extra work and a change in work. The change order must describe the scope of the extra work or change in work, and the cost to be added or subtracted from this Agreement. The City shall not require Item Number: 9.

Contractor to perform any extra work or a change in work without written authorization.

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

9. Term
Contractor will perform the services set forth in the Scope of Services and in any approved change orders pursuant to section 1 of this Agreement, the term of which shall commence as of _______________, and shall expire one year following the City's acceptance of the work pursuant to this Agreement.

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 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.”
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.
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Initials

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

Neither the acceptance nor prior inspections or failure to inspect shall constitute a Item Number: 9.

waiver by the City of any defects in the work. From and after acceptance, the work 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 work has been performed in strict conformity with this Agreement and that all costs have been paid, satisfactory to the City, guaranteeing such performance.

13. Warranty
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and fit for the purpose and intended use. 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 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 on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee 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. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort, or strict Item Number: 9.

liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor, or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract.

Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.

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 the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Contract.

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

16. Licenses, Certifications and Permits
Contractor represents that it has obtained and will maintain at all times during the Item Number: 9.

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

Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall Item Number: 9.

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. 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 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. 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, Item Number: 9.

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 of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone:

E-Mail:

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. 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 Item Number: 9.

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

Item Number: 9.

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 9.

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
_______________________________
Doria Wilms, City Manager
ATTEST:

_______________________________
Jerryl Soriano, CMC, City Clerk

APPROVED AS TO FORM:

_______________________________
Jennifer A. Mizrahi, City Attorney
_____________________________

_____________________________
By Its: _______________________

Item Number: 9.

EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED PROPOSAL
DATED _____________
Item Number: 9.

EXHIBIT “B”

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

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

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

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

Item Number: 9.

Executed this _____________ day of __________________, 20___.

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

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

Item Number: 9.

EXHIBIT “C”

PERFORMANCE BOND
We, , as
Principal, and , as
Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”) for payment of the penal sum of _________________________________ U.S. Dollars and No Cents ($________).

CITY and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements for the property referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITY and Principal.

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

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

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

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

Item Number: 9.

Executed this day of , 20___.

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

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

Item Number: 9.

Item Number: 9.

SR-25-231
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 7, 2025
Department: Public Works
Prepared by: Daniel Porras, Deputy City Manager
Subject: Purchase of Lockers for Police Department Annex Building Project Number 8003
RECOMMENDATION:

Authorize the City Manager to purchase Police Lockers from McMurray Stern, in an amount not to exceed of $288,544.82, for the Police Department Annex Building Project Number 8003.

BACKGROUND:

In 2022 a Public Safety Bond was issued in the amount of $15,000,000. The bond proceeds were to be used for various public facilities. Since the issuance of the bond, the following project expenses have occurred, and/or have been allocated.

On November 2, 2021, the City Council approved the staff’s recommendation to authorize the City Manager to execute a Professional Service Agreement with STK Architecture, Inc. for design, engineering, and construction administration for the Public Safety Bond Projects.

The Carl May Center Tenant Improvements were completed on March 27, 2023.

The Police Station Tenant Improvements were completed on May 2, 2024.

The Fire Station 98 Project is completing the construction final punch list items.

The Police Department Annex Building Project Number 8003 is under construction.

DISCUSSION:

The Police Department Annex Building Project is currently under construction and on schedule to be completed by March 2026. The construction of the building included the purchase and installation of the lockers to store Police Department Staff’s gear.

On December 12, 2024, the City Council awarded the construction agreement and approved the projects construction budget which included a budget line item for the purchase of the lockers which at that time was estimated at $310,000.

Item Number: 10.

SR-25-231
The building was designed to fit specialized police lockers which only McMurray Stern provides that meet the City's minimum standards. Since this is specialized equipment that only McMurray Stern provides to City standards, it meets the criteria for the sole source procurement method.

The police lockers total cost is $288,544.82, the quote sheet and agreement is attached as an exhibit.

Per Section 3.44.100 of the City’s Municipal Code, purchases of equipment over $50,000 require City Council approval.

FISCAL IMPACT:

On December 12, 2024, the City Council awarded the construction agreement to the lowest responsive qualified bidder Perera Construction and Design Inc, in an amount not to exceed $6,653,900.00, and authorized a total project budget in an amount of $7,263,900.00. This total budget amount included an estimated $310,000 for Lockers/Storage.

STRATEGIC ALIGNMENT:

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

Goal 4: Public Safety - Staffing and Community Policing Enhance the quality of life for our residents and staff by establishing appropriate law enforcement staffing levels and implementing community policing initiatives.

ATTACHMENTS:
1) Police Lockers - Quote - McMurray Stern
2) PD Annex Staff Report - FFE Costs
Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM September 02, 2025
Desert Hot Springs Public Safety Campus
65-950 Pierson Blvd.

Desert Hot Springs, CA 92240
Reference: Proposal #35952
:

On behalf of McMurray Stern, we would like to thank you for allowing us to present this proposal for your Police Departments Annex storage needs. This proposed solution has been specifically developed for Desert Hot Springs Public Safety Campus’s facility in Desert Hot Springs, CA.

With this proposal, McMurray Stern is committing our resources and experiences gained over the past 41 years. We value the opportunity to present our capabilities, and we look forward to helping City of Desert Hot Springs increase its space utilization.

If you have any questions regarding this proposal or our ability to serve you, please do not hesitate to contact me on my cell phone at (909) 213-2357 or email: [email protected].

Sincerely,
Rudresh Jhaveri
Automation Account Manager
Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM WHY MCMURRAY STERN?
The McMurray Stern team is comprised of 50 professionals that serve you at each step of the process - design, estimating, order entry, logistics planning, installation, training, and service. Each team is responsible for making sure your experience with McMurray Stern is a positive one. Our mission statement is clear - to serve YOU our customer with the best of our abilities and enable our team to exceed your project's requirements and timeline.

McMurray Stern has been serving customers since 1980 in the development, implementation, and service of Spacesaver filing and storage systems. Our team has completed over 6,000
installations of Spacesaver mobile shelving systems and have thousands of satisfied customers who also employ us to consult for records management solutions barcode tracking systems, on-demand labeling systems, filing system design, and filing system supplies.

McMurray Stern is a licensed contractor. California contractor’s license #1041651.

INDUSTRIES WE SERVE
Healthcare | Museums | Public Safety | Military and Government | Education | Athletics | Grocery | Retail | Manufacturing & Distribution
McMurray Stern focuses on assisting organizations in a multitude of industries to maximize space and save time by creating solutions for an improved workflow.

Whatever your market, we will work directly with you to provide industry solutions that help you be more efficient.

WHY SPACESAVER?
Spacesaver designs and manufactures fully integrated storage solutions for libraries, museums, cannabis grows, warehouses, police departments, the military, and more. We’ve installed more than 400,000 projects in the United States, Canada, and around the world. That’s over a quarter of a million problems we’ve solved!
Spacesaver gives people the space and the tools they need to do their jobs in a way that makes them safer, more productive, and more efficient. We’re proud that our products help create better spaces to learn, to protect, to heal, and to grow.

Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM Project Summary
Install To
Desert Hot Springs Public Safety Campus
65-950 Pierson Blvd.

Desert Hot Springs
CA 92240
Bill To
Desert Hot Springs Public Safety Campus
11999 Palm Drive
Desert Hot Springs
CA 92240
Men's Locker Room Total
• Spacesaver PSL Lockers - Men's Lockers with Electrical • Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Lyon Locker Benches
• Installation of Locker Bench
• Installation of One PSL w/Bench or Exterior Drawer w/Electric • Freight
$124,011.21
Women's Locker Room Total
• Spacesaver PSL Lockers - Men's Lockers with Electrical • Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Lyon Locker Benches
• Installation of Locker Bench
• Installation of One PSL w/Bench or Exterior Drawer w/Electric • Freight
$41,948.25
Outdoor Duty Lockers Total
• Spacesaver PSL Lockers - Outdoor Duty Lockers
• Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Installation of One Standard PSL
• Freight
$57,877.21
Armory Total
• Spacesaver Universal Weapons Rack - Armory
• Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Installation Shop Overhead for Standard Universal Weapons Rack • Freight
$9,530.32
Investigations Total
• Spacesaver Wall Mount Gun Locker - Investigations
• Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Installation of Gun Locker
• Freight
$3,034.84
Office #1 Total
• Spacesaver PSL Lockers - Office Locker with Electrical • Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Installation of One PSL w/Bench or Exterior Drawer w/Electric • Freight
$4,821.13
Office #2 Total
• Spacesaver PSL Lockers - Office Locker with Electrical • Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Installation of One PSL w/Bench or Exterior Drawer w/Electric • Freight
$4,821.13
Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM Office #3 Total
• Spacesaver PSL Lockers - Office Locker with Electrical • Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Installation of One PSL w/Bench or Exterior Drawer w/Electric • Freight
$4,821.13
Office #4 Total
• Spacesaver PSL Lockers - Office Locker with Electrical • Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Installation of One PSL w/Bench or Exterior Drawer w/Electric • Freight
$4,821.13
Office #5 Total
• Spacesaver PSL Lockers - Office Locker with Electrical • Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Installation of One PSL w/Bench or Exterior Drawer w/Electric • Freight
$4,821.13
Office #6 Total
• Spacesaver PSL Lockers - Office Locker with Electrical • Hilti Hardware - Anchors, Drill Bits, Screws, Nuts & Bolts • Installation of One PSL w/Bench or Exterior Drawer w/Electric • Freight
$4,821.13
Grand Total:
$288,544.82 (with tax)
Payment Schedule
Payment Schedule
40/30/30
40% = $109,338.50
30% = $82,003.88
30% = $82,003.88
30% = $82,003.88
30% = $82,003.88
Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM Sales Agreement
This Sales Agreement, (hereinafter referred to as “Agreement”), made by and between Desert Hot Springs Public Safety Campus, 65-950 Pierson Blvd., Desert Hot Springs, CA 92240 (hereinafter referred to as “Desert Hot Springs Public Safety Campus”) and McMurray Stern LLC, with headquarters located at 15511 Carmenita Road, Santa Fe Springs, CA 90670 constitutes the Agreement of the parties as follows:

1. McMurray Stern agrees to sell to Desert Hot Springs Public Safety Campus and Desert Hot Springs Public Safety Campus agrees to purchase from McMurray Stern, the equipment and services described in McMurray Stern Proposal Q-35952-2-9-2-25, dated September 2, 2025, for the price set forth in the Proposal and subject to: the General Terms and Conditions.

2. This Agreement constitutes the entire agreement between the parties and no oral or other representation shall prevail, notwithstanding any other terms and conditions of any order submitted by Desert Hot Springs Public Safety Campus. Any changes, modifications, or additions to this Agreement are binding and enforceable only if made in writing and signed by both parties.

Approved and Executed By:

Desert Hot Springs Public
Safety Campus
McMurray Stern LLC.
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Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM Terms and Conditions
The purchase order, proposal and sales or service agreement (collectively, the “Proposal”) provided by McMurray Stern, LLC, a Delaware limited liability company (“Company”), specifically incorporates the following Terms and Conditions. The Proposal and these Terms and Conditions are collectively referred to as the “Agreement” between Company and Purchaser, and exclusively govern and control the parties’ respective rights and obligations. In the event of a conflict between these Terms and Conditions and the Proposal, these Terms and Conditions will control, except for terms relating to price, quantity, and specifications, in which case the Proposal will control.

1. TAXES: The price does not include any sales, use, excise, or similar taxes, surcharges, tariffs and duties, and Purchaser shall be responsible for all such items, however designated or levied, and whether or not invoiced by Company. If taxes are included as part of the price and the rate or base of the tax is increased or decreased, Purchaser will pay any increased taxes, and Company will give credit for any tax decrease.

2. WARRANTY FOR GOODS AND SERVICES:
a. Company warrants (the “Goods Warranty”) that the Goods as set forth in the Proposal will be, on the date of the start of the Warranty Period, free from material defects in material and workmanship. “Goods” for purposes of this Agreement means any goods, products, machinery, equipment, parts, materials, computer hardware and other items to be provided by the Company as set forth in the Proposal. b. Company warrants (the “Services Warranty”) that the Services (as defined below) will be performed in a professional and workmanlike manner. “Services” for purposes of this Agreement means the installation, commissioning, or other services to be performed by the Company as set forth in the Proposal.
c. Any failure of the Goods to conform to the Goods Warranty, or the Services to conform to the Services Warranty, is referred to herein as a “Warranty Defect”.
d. Company’s obligations under the Goods Warranty and the Services Warranty are conditioned upon full and timely payment of all amounts owed by Purchaser and receipt by Company of prompt written notice from Purchaser of the claimed Warranty Defect, including a description of the Warranty Defect and its discovery, and the opportunity for Company to validate and inspect in Purchaser’s facility the Goods or Services claimed to be defective. e. The Goods Warranty and the Services Warranty shall terminate, and any claim of a Warranty Defect shall be deemed waived and extinguished, upon the expiration of the Warranty Period (as defined below), except as to any Warranty Defect for which Purchaser has given Company written notice in accordance with Section 2.d prior to the expiration of the Warranty Period. f. The “Warranty Period” shall be one (1) year from Acceptance; provided that, where no Services are included in the Proposal or sale, the Warranty Period is one year from shipment of the Goods. As used herein, “Acceptance” shall mean substantial completion of the Services to be provided by the Company. If the Purchaser shall use any Goods which require Services, such use shall also be deemed to be “Acceptance”. g. In the event of a Warranty Defect for which Purchaser has timely and properly given notice pursuant to Section 2.d, Company shall be responsible, (i) in the case of Goods, to repair or replace the defective Goods, delivered F.O.B. Company’s manufacturing plant, as determined by the Company in its sole discretion, and (ii) in the case of Services, to re-perform the Services that were not performed in accordance with the Services Warranty. The Warranty Defect obligation does not include costs of labor or other charges incurred in removing or installing parts (which shall be paid by Purchaser), and does not apply to Goods damaged by Purchaser, or its agents, representatives, employees, contractors, licensees or invitees, or by overloading, exposure to corrosive or abrasive substances or abnormal dampness, misuse, abuse, neglect or accident, or to Goods which have been improperly applied, installed, adjusted, operated, maintained, repaired, modified, changed or altered by persons other than Company, or to parts subject to wear and tear and replacement in ordinary course (such as, but not limited to: belts, chains, fuses, light bulbs, bushings, or similar items), or to other ordinary wear and tear. Company’s Goods Warranty with respect to any repaired or replaced Goods, or Services Warranty with respect to any re-performed Services, shall terminate on the date that the warranty would terminate under Section 2.e and 2.f as to any Goods or Services not subject to a claim of a Warranty Defect.
h. Company makes no warranties or representations, nor assumes any obligations with regard to, Purchaser’s existing equipment or facilities or for any equipment supplied by Purchaser or any third-party and used in the Company system, and Purchaser assumes full responsibility for the use and operation of such equipment.
i. If Company fails to repair or replace within thirty (30) days the defective Goods for which Purchaser has timely and properly given notice of a Warranty Defect pursuant to Section 2.d, then provided that Purchaser has given Company thirty (30) days prior written notice after such failure to repair or replace, and Company has not made such repair or replacement within such thirty (30) day notice period (or if the nature of such repair or replacement is not capable of being completed within such 30-day period, the Company has not commenced such repair or replacement), Purchaser may obtain repair or replacement of the defective goods from a third-party, and in such event Company shall be liable to Purchaser for the lesser of (i) the reasonable costs of such repair or replacement by a third-party or (ii) that part of the purchase price of the defective part of the Goods that has already been paid by Purchaser.
j. EXCEPT AS SET FORTH IN THIS SECTION 2, THE GOODS AND SERVICES ARE BEING SOLD “AS IS”, AND THE COMPANY

MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS OR SERVICES OTHER THAN THE EXPRESS WARRANTIES CONTAINED IN SECTION 2. COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER

REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION

OR WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

3. PRICE AND PAYMENT: Purchaser shall make all payments due to the Company upon the terms set forth on the Proposal in immediately available funds. If any payment due from the Purchaser is not received by the Company within five (5) days after the due date, then Purchaser shall pay to the Company a late charge equal to five percent (5%) of the overdue amount. In addition, Purchaser shall pay interest on all late payments at the lesser of the rate of 10% per annum or the highest rate permissible under applicable law, calculated daily. The purchaser shall reimburse the Company for all costs incurred in collecting any late payments, including, without limitation, reasonable attorneys’ fees. Goods are sold on a firm sale basis. Orders cannot be canceled once placed. The purchaser shall have no right under these Terms and Conditions, or any other agreement, document, or law, to withhold, offset, recoup, or debit any amounts owed to the Company against any other amount owed to it by the Company. A surcharge will be assessed on any credit card payments by Purchaser in Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM the amount equal to three percent (3%) of the transaction amount, but in no event shall the surcharge be greater than the amount actually paid by the Company to its payment processor for processing the transaction.

4. INSURANCE BY COMPANY: Company will maintain insurance covering its operations as follows:
a. Worker’s Compensation Insurance as required by the state having jurisdiction over Company and Employer’s Liability with limit of $1,000,000. b. Commercial General Liability Insurance with combined single limit for bodily injuries and property damage of $2,000,000. c. Automotive Liability Insurance for bodily injuries, including death and property damage with combined single limit of $1,000,000. d. Umbrella and/or excess coverage with a limit of $5,000,000.

Company may, at its sole option, satisfy these requirements with commercial insurance or through a program of combined self-insurance, self-insured retention, and excess insurance. Certificates of insurance will be furnished upon request.

5. INSURANCE BY PURCHASER: Purchaser assumes all risk of loss from damage and destruction of the Goods and any applicable installation charges thereof. Such risk of loss will transfer to Purchaser at the F.O.B. point pursuant to the shipping terms of the Agreement, or if not specified, F.O.B. Origin.

Purchaser does not assume any risk of loss that is due to the actions of Company employees, contractors or subcontractors. Purchaser agrees to acquire and maintain all risk insurance covering damage and destruction of the Goods at replacement value and in no event less than the purchase price including any increases by Change Order(s). The insurance policy or policies shall name the Company as an additional insured, shall provide for thirty (30) days prior notification to Company if the insurance coverage is terminated, reduced, or otherwise materially modified, shall provide that the insurance proceeds shall be payable to Company and Purchaser as their interests may appear, and shall provide for a waiver of subrogation in favor of Company. Payments made by an insurance carrier to Company as a result of such damage or destruction of the Goods will be applied against the purchase price and any other amounts owed by Purchaser under the Agreement. Purchaser shall furnish Company with certificates evidence of such insurance.

6. INDEMNIFICATION: The Goods furnished hereunder will be manufactured with Company safety features and furnished with user safety instructions.

The operation of the Goods with safety features removed or modified and/or the disregard of the user safety instructions is outside of Company’s control and is the responsibility of Purchaser. Therefore, Purchaser agrees to indemnify, defend and hold Company harmless from any and all claims, demands, liabilities, causes of action, suits, costs, and expenses of any kind or nature (including attorney’s fees) for loss or damage which may be suffered by Company as a result of injury to persons arising from such removal or modification to Company-furnished safety features and/or the disregard of Companyfurnished user safety instructions, including any person injured while riding, sitting, stepping, walking, or climbing on the Goods furnished hereunder.

7. CHANGE ORDER: The parties may agree at any time prior to final payment of the Agreement to make additions, deletions, or other revisions by Change Order or Work Order (as defined below) without invalidating the Agreement. No such change will be made by Company until an approved Change Order or Work Order is executed as provided below.
a. When the price, schedule and other conditions relating to the change can be determined prior to the start of work under the change, a document describing this change (“Change Order”) will be issued for execution by the parties. b. When the change requires immediate action and the issuance of an executed Change Order with firm price would unreasonably delay the change, Purchaser shall place its signature upon a document authorizing Company to proceed with the change (“Work Order”). After the change under the Work Order has been completed, Company will calculate the firm price for the change using actual costs (including overhead and reasonable profit) current at time of performance of the work. Completed Work Order(s) will be incorporated into a Change Order for execution by the parties.

Unless expressly modified by a Change Order or Work Order, the provisions of the Agreement and these Terms and Conditions will govern all work performed under such Change Order or Work Order.

8. DELIVERIES: The Company will use commercially reasonable efforts to deliver Goods on any estimated delivery date set forth in the Proposal. The Company shall not be liable for any delays, loss or damage in transit, including any delays as set forth in Section 12 below. If for any reason Purchaser fails to accept delivery of any Goods, or if the Company is unable to deliver Goods because Purchaser has not provided appropriate instructions, documents, licenses, or authorizations: (i) risk of loss to Goods shall pass to Purchaser; (ii) Goods shall be deemed to have been delivered; (iii) the Company, at its option, may store Goods until Purchaser picks it up, whereupon Purchaser shall be liable for all related costs and expenses (including, without limitation, storage and insurance); and (iv) Purchaser will compensate the Company for any other associated loss, damage, and additional expense suffered or incurred by the Company as a result of such delay. Except as otherwise set forth above, title and risk of loss passes to Purchaser as set forth in Section 5. As collateral security for the payment of the purchase price of Goods, Purchaser hereby grants to the Company a lien on and security interest in and to all of the right, title, and interest of Purchaser in, to and under Gods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the UCC.

9. REMEDIES:
a. Purchaser’s Remedies Prior to Acceptance. Prior to Acceptance, if Company defaults in the performance of any of its material obligations under the Agreement, Company shall have thirty (30) days following written notice from Purchaser advising Company of the default, in which to (i) cure the default or, (ii) if the default is not reasonably curable within such thirty (30) day period, to implement a plan to cure the default in a diligent manner. If Company fails to effect such cure within such thirty (30) day period or fails to implement a plan to cure the default within such thirty (30) day period and thereafter prosecute such cure diligently to completion, then Purchaser shall have the right to terminate the Agreement upon written notice to Company. In the event of such termination, Purchaser shall either (i) pay to Company the value of the Goods and Services already provided to Purchaser, or (ii) complete the work specified in the Agreement. If Purchaser elects to complete the work specified in the Agreement and the reasonable costs of completion exceed the unpaid balance of the Proposal price, Company shall pay the difference to Purchaser upon submission of reasonable evidence of the costs thereof.
b. Purchaser’s Remedies After Acceptance. After Acceptance, Purchaser’s remedies set forth in Section 2.g (with respect to Warranty Defects) are Purchaser’s sole and exclusive remedies for any claim that Purchaser may have related to the Agreement or the Goods or Services, in connection with the design, manufacture, sale, handling, transportation, delivery, installation, performance or otherwise of the Goods or the Services. c. Company’s Remedies: In addition to any remedies that may be provided in the Agreement, the Company may terminate this Agreement with immediate effect upon written notice to Purchaser, if Purchaser: (i) fails to pay any amount when due under the Agreement; (ii) has not otherwise performed or complied with the Agreement, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. In such event, the Company shall have Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM the right to (i) suspend performance of its obligations under the Agreement until the default is cured, (ii) terminate the Agreement, and/or (iii) exercise any other right or remedy provided for in the Agreement, or available to Company under applicable law. d. LIMITATION OF REMEDIES. THE AGREEMENT SETS FORTH PURCHASER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY

DEFECT IN OR NON-CONFORMITY OF ANY GOODS OR SERVICES, FOR ANY NEGLIGENT DESIGN, MANUFACTURE, OR INSTALLATION OF THE GOODS, FOR ANY DELAY IN DELIVERY, AND FOR ANY BREACH OF THE AGREEMENT BY COMPANY.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL,

EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING

OUT OF, OR RELATING TO, THE GOODS OR SERVICES, OR IN CONNECTION WITH ANY BREACH UNDER A PROPOSAL OR

THESE TERMS AND CONDITIONS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR

NOT A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE COMPANY’S MAXIMUM CUMULATIVE LIABILITY UNDER THE AGREEMENT

FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES OR THE LIKE OF ANY KIND, WHETHER RELATING TO THE

GOODS OR SERVICES, THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY UNDER THE PROPOSAL WHICH IS THE SUBJECT OF THE CLAIM. WITHOUT LIMITING THE GENERALITY OF THE

FOREGOING, PURCHASER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF GOODS AND

SERVICES, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND

REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THE COMPANY, OR OTHERWISE, RELATED TO USE OF THE GOODS AND/OR SERVICES. PURCHASER AND COMPANY AGREE THAT THE EXCLUSIONS AND LIMITATIONS SET

FORTH IN THIS PARAGRAPH ARE SEPARATE AND INDEPENDENT FROM ANY REMEDIES WHICH PURCHASER MAY HAVE

IN THE AGREEMENT AND SHALL BE GIVEN FULL FORCE AND EFFECT WHETHER OR NOT ANY OR ALL SUCH REMEDIES SHALL BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

10. COMPLIANCE WITH LAW. Purchaser shall comply with all applicable laws, regulations, and ordinances. Purchaser has and shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to own and operate the Goods and carry out its obligations under these Terms and Conditions.

11. INTELLECTUAL PROPERTY: The Company shall retain all right, title and interest to its own intellectual property, formulas, software and designs, including, without limitation, trademark, copyright, and any and all renewals, extensions, revivals and resuscitations thereof, throughout the universe in perpetuity in all media now known or hereafter devised.

12. DELAYS: If Company’s performance is delayed or prevented by Purchaser or other any cause uncontrolled or unforeseen by Company (including but not limited to acts of God, pandemics (including COVID-19 or any variants thereof), casualty, labor disturbance, strikes, riots, civil disturbance, inability to obtain supplies or transportation, explosion, flood, fire, power failure, embargos, boycotts, governmental or military action, war, terrorism, or any order modification by Purchaser): (i) except as set forth in the Proposal, Purchaser agrees to pay Company invoices upon notification that the Goods are ready for shipment in accordance with the shipping schedule and to reimburse Company for expenses incident to such delay including, without limitation, the cost of engineering, the cost of Goods and labor escalations; maintaining, repairing, refurbishing and replacing Goods; and storage, demurrage, and pullout charges from installation site; and (ii) the time for delivery of the Goods and performance of the Services will be extended for a period at least equal to the time lost by reason of the delay, and Company will not be liable for any damages caused by the delay and such delay shall not be considered a breach or default by the Company. No obligation of a party to pay money otherwise due is subject to any delay condition.

13. PATENT INDEMNITY: Company agrees to indemnify and hold Purchaser harmless from any damages that may be awarded against Purchaser in any final appealable judgment based upon a claim that the Goods or its use infringes any currently existing United States patents owned by third parties, provided that Purchaser notifies Company in writing, within ten (10) days of Purchaser’s knowledge of any such claim, and gives Company the exclusive control of the defense and settlement of any claim, including at Company’s option, the right to: (i) make changes in the Goods; (ii) replace the Goods; and/or (iii) obtain a license; to avoid any alleged infringement. Company shall have no obligation hereunder with respect to claims, suits or proceedings, resulting or related, in whole or in part, from: (i) any modifications or alterations of the Goods by Purchaser; (ii) any combining by Purchaser of the Goods with other equipment not furnished by Company; (iii) compliance by Company with Purchaser’s specifications; or (iv) incorporating a design or modification at Purchaser’s request.

14. ASSIGNMENT/SUBCONTRACTS: Neither Party shall delegate the performance of any obligation hereunder, nor assign any rights arising under the Agreement, to any third person without the prior written consent of the other Party; provided, however, each party shall have the right to assign this Agreement to an entity which purchases all or substantially all of the assets of such party. The Parties agree that consent shall not be unreasonably withheld.

Company reserves the right to use subcontractors in the performance of any services to be performed by Company.

15. CONFIDENTIALITY: The Agreement, any information marked as confidential and any other information (written/electronic/oral) which is of the nature that a reasonable person would understand its owner would not want it disclosed to the public will be considered to be “Confidential Information” of Company. Further, Confidential Information of Company shall also include (i) any document or data transaction between the parties, (ii) matters of a technical nature such as trade secret processes or devices, know-how, drawings, specifications, proposals, data, formulas, software, inventions (whether or not patentable or copyrighted), specifications and characteristics of products or services planned or being developed, and research subjects, methods and results, (iii) matters of a business nature such as information about costs, profits, pricing, policies, markets, sales, suppliers, customers, product plans, and marketing concepts, plans or strategies, (iv) matters relating to project initiatives and designs, (v) matters of a human resources nature such as employment policies and practices, personnel, including individual names, address, and telephone numbers, compensation and employee benefits, and/or (vi) other information of a similar nature not generally disclosed to the public. Purchaser shall not use or disclose Confidential Information except to its employees subject to a similar confidentiality agreement, who have a need to know to perform their responsibilities. The obligations set forth herein to maintain confidentiality shall not apply to Confidential Information that: (i) Purchaser can document was rightfully in the public domain prior to disclosure or becomes publicly known through no fault of the Purchaser; (ii) Purchaser can document through written evidence dated prior to the date of disclosure, was rightfully known to the Purchaser prior to disclosure; (iii) is disclosed to Purchaser by a third-party, rightfully in possession of the Confidential Information Item Number: 10.

Desert Hot Springs PC 8003 Phase II Public Safety Campus Annex Building Proposal #35952
Valid until 10/02/25
15511 Carmenita Road ▪ Santa Fe Springs, CA 90670 -5609 ▪ T: 562.623.3000 ▪ F: 562.623.3039 ▪ MCMURRAYSTERN.COM and not in violation of a confidentiality agreement with Company or other restriction on use; or (iv) was independently developed by Purchaser without the use of or reference to the Confidential Information. Any separate confidentiality agreement executed between the parties shall continue to remain in full force and effect.

16. CHANGES IN LAWS AND REGULATIONS: Company’s prices and timely performance are based on all applicable laws, rules, regulations, orders, codes, standards, or requirements of governmental authorities effective on the date of Company’s Proposal. Any change to any law, rule, regulation, order, code, standard or requirement which requires any change hereunder shall entitle Company to an equitable adjustment in the prices and any time of performance.

17. TARIFF ADJUSTMENT CLAUSE: The Contract Sum is based on current tariffs and import duties in effect at the time of bidding. Should there be any new, increased, or modified tariffs, import duties, or similar governmental charges imposed after the bid date that affect the cost of materials, equipment, or products to be supplied under this contract, McMurray Stern shall be entitled to an equitable adjustment to the Contract Sum and/or Contract Time.

Any such adjustment shall reflect the actual cost impact incurred by McMurray Stern as a direct result of the tariff changes. McMurray Stern shall notify the Client in writing of any such changes and provide reasonable documentation supporting the adjustment.

18. MISCELLANEOUS:
a. Entire Agreement. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement, understanding, discussions, representations, or proposals made between the parties. The terms of this sale are expressly limited to the terms and conditions set forth in the Agreement. Any changes, modifications, or additions to the Agreement are binding and enforceable only if made in writing and signed by the respective parties. Any and all terms set forth on Purchaser’s purchase order or otherwise proposed by Purchaser are hereby objected to and shall be void unless expressly agreed to in a written document signed by both parties. b. Governing Law. The Agreement shall be interpreted and enforced in accordance with the substantive laws of the State of California without regard to its conflicts of law principles. Any legal suit, action or proceeding arising out of or related to this Agreement, or the matters contemplated this Agreement, shall be instituted exclusively in the federal or state courts located in Los Angeles, California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non convenience. c. Severability. The invalidity or unenforceability of any provision of the Agreement shall not affect the enforceability or validity of the remaining provisions, and the Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. d. Nonwaiver. Failure of either party to require performance of any provision shall not affect its right to thereafter require full performance of that provision. The waiver by either party of a breach of any provision shall not constitute a waiver of any subsequent breach or nullify the effectiveness of such provision.
e. Captions. Captions preceding Articles are for convenience only and are not to be construed as part of the Agreement or as a limitation of the scope of the Article to which they refer.
f. Third Party Beneficiaries. Except as provided for in Section 5, no provision of these Terms and Conditions is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person other than the parties and their respective successors and permitted assigns. g. Ambiguities. Each party and its counsel have participated fully in the review and revision of the Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting the Agreement. h. Data Destruction. At the termination of this Agreement, Customer will provide Company with a list of all confidential Customer data it wishes to have Company destroy. Company will destroy all confidential Customer data and provide confirmation of such destruction sixty (60) days after receipt of such list.
i. Independent Contractor. Each party shall be an independent contractor under the Agreement. The relationship between the parties shall not be construed to be that of employer and employee, nor to constitute a partnership, joint venture, or agency of any kind. Neither party shall have the right to bind the other party to any contract or other commitment. j. Survival. All indemnity provisions contained in this Agreement will survive the expiration or sooner termination of this Agreement.

Item Number: 10.

Item Number: 10.

Item Number: 10.

Item Number: 10.

Item Number: 10.

SR-25-230
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 7, 2025
Department: Public Works
Prepared by: Daniel Porras, Deputy City Manager
Subject: First Amendment to Inspection Services for Hacienda Avenue Street Improvement Project 3003
RECOMMENDATION:

Authorize the City Manager to execute the First Amendment to the Professional Services Agreement for Inspection Services for the Hacienda Avenue Street Improvement Project, City Project No. 3003, to Omnis Incorporated.

BACKGROUND:

The Hacienda Avenue Street Improvement Project extends along Hacienda Avenue from West Drive to Tamar Drive. The project scope of work includes the construction of 10,000 lineal feet of sidewalk with ADA accessible driveways, new bike lane, new parkway with landscaping, 39 new street lights, new ADA ramps, and new striped crosswalks. These improvements will provide a safer pedestrian and bicycle access route to various schools, parks, transit route stops, commercial areas, and residential neighborhoods.

On January 19, 2021, the City Council awarded the professional services agreement for engineering design for the Hacienda Avenue Street Improvement Project to Kimley-Horn and Associates.

In order to secure funding for the construction of the project the City applied and was awarded multiple grant funds for this project.

On March 13, 2019, the City applied and was awarded $1,322,000.00 for the construction of the Hacienda Ave Street Improvement Project from the California Active Transportation Program (ATP) Grant Funds Cycle 4.

On March 6, 2024, the City applied was awarded $2,999,000.00 for the construction of the Hacienda Ave Street Improvement Project from the Clean California Local Grant Program Cycle 2.

On December 12, 2024, the City Council awarded the construction agreement to the lowest responsive qualified bidder All American Asphalt in an amount not to exceed $6,632,992.00, and authorized a total project budget in an amount of $7,295,191.20. This total budget amount included an estimated $124,000 for As-needed Inspection Services.

Item Number: 11.

SR-25-230
On March 18, 2025, the City Council awarded the Professional Services Agreement for Inspection Services for the Hacienda Avenue Street Improvement Project, City Project No. 3003, to Omnis Incorporated, in an amount not to exceed $110,800.00 with a 10% contingency of $11,080.00 bringing the total amount to $121,880.00.

DISCUSSION:

The Professional Services Agreement for Inspection Services included an estimated 100 days of asneeded inspections services per projects scope of work. Since the project began in March 2025 there has been an increase in demand for as-needed inspection days due to the necessary and unforeseen project changes and field adjustments during construction. Some of those changes included increasing the inspection time during construction of the residential driveways, modifications to ADA crosswalks and intersections, increasing median scope of work, and delays with Southern California Edison plan approvals. Although the project completion date is still March 2026, the as-needed inspection services has increased and therefore a First Amendment to the Professional Services Agreement is required.

The proposed First Amendment to the Professional Services Agreement is an increase of $52,680 to the total contract amount, increasing the original contract amount from $110,800.00 to $163,480. The proposal letter is attached as reference.

FISCAL IMPACT:

On December 12, 2024, the City Council awarded the construction agreement to the lowest responsive qualified bidder All American Asphalt in an amount not to exceed $6,632,992.00, and authorized a total project budget in an amount of $7,295,191.20. This total budget amount included an estimated $124,000 for As-needed Inspection Services.

The First Amendment to the Professional Services Agreement will increase the total line item budget amount of $124,000 to a new total line item budget amount of $163,480.

STRATEGIC ALIGNMENT:

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

Goal 10: Street/Road Infrastructure
Intense focus on fiscal and operational needs to ensure the city can meet the growing demands of the community by maintaining existing street/road infrastructure while planning for long-term growth and development.

ATTACHMENTS:
1) First Amendment to Omnis - DRAFT
2) First Amendment - Proposal Letter
Item Number: 11.

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
OMNIS, INC.

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DESERT HOT SPRINGS AND OMNIS, INC. (hereinafter, the “Amendment”), is made and entered into as of _____, 2025, by and between the City of Desert Hot Springs, a municipal corporation, in the County of Riverside, State of California, hereinafter referred to as the “City,” and OMNIS, INC., hereinafter referred to as “Contractor,” with the City and Contractor sometimes together referred to herein as the “Parties.”

RECITALS
WHEREAS, on March 18, 2025, the Parties previously entered into that certain Professional Services Agreement by and Between the City of Desert Hot Springs and OMNIS, INC. (hereinafter, the “Agreement”), for the City to utilize the services of Contractor, to inspection services, quality assurance and quality control; and WHEREAS, the Parties desire to amend the Agreement merely to add additional compensation as needed.

NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

AGREEMENT
Section 1. RECITALS
The Recitals set forth above are hereby incorporated into this Amendment by this reference, as though fully set forth herein.

Section 2. DEFINITIONS AND TERMS
All words, terms and phrases used or referenced in this Amendment, not expressly defined in this Amendment, shall have the same meaning ascribed to them in the Agreement.

Section 3. AMENDMENT
Section 4 of the Underlying Agreement shall read as follows:

Item Number: 11.

a. The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, an amount not to exceed One Hundred Sixty Three Thousand Four Hundred Eighty Dollars ($163,480.00).

Section 4. COUNTERPARTS
This Amendment may be executed in several counterparts, each of which shall be deemed to be an original and shall constitute one and the same instrument and shall become binding upon the Parties when at least a copy hereof shall have been signed by the Parties hereto.

Section 5. CONFLICTS
In the event there exists any conflicts between the terms of this Amendment and the Agreement, the terms of this Amendment shall be superseding.

Section 6. REMAINING PROVISIONS
All other remaining terms and conditions of the Agreement shall remain unchanged.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Item Number: 11.

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

CITY OF DESERT HOT SPRINGS
______________________________
Doria Wilms, City Manager
ATTEST:

_____________________________
Jerryl Soriano, City Clerk

APPROVED AS TO FORM:

_____________________________
Jennifer Mizrahi, City Attorney
OMNIS, INC.

________________________________

Item Number: 11.

August 12, 2025
Daniel Porras
City of Desert Hot Springs
65-950 Pierson Boulevard
Desert Hot Springs, CA 92240
Subject: Change Order to Provide Public Works Inspection Services ATP Cycle 5 – Hacienda Avenue Improvements – Project #3000
Dear Mr. Porras:

Omnis is currently providing inspection services for the Hacienda Avenue Improvement Project #3000. All American Asphalt is providing the contractor services and has been in construction since early March. Belco is the sub-contractor that is installing the conduits and sweeps for the proposed street lighting. We anticipated these tasks being constructed concurrently. However, due to SCE delays and a couple of design changes, the project is going longer than expected.

We anticipate the need for a change order for approximately 60 working days in addition to the contract we currently have in place.

Proposed Staffing Hours Rate ($/hour) Extended

Construction Inspection 480 $105 $50,400
Project Manager 12 $130 $1,560
Administrative 12 $60 $720

Total Not-to-Exceed Fee = $52,680
Item Number: 11.

The hourly rates in this proposal are valid through July 1, 2026.

We appreciate the City’s consideration of Omnis Incorporated and we are looking forward to again working with you and the City of Desert Hot Springs. Should you have any questions or wish to discuss any part of this proposal, please feel free to call me directly at 909-631-8335.

Sincerely,
Omnis Incorporated
John Gabor
Project Manager
Item Number: 11.

SR-25-226
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 7, 2025
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Annual Utility Users Tax Report
RECOMMENDATION:

Receive and file.

BACKGROUND:

The City of Desert Hot Springs, through voter approval, levies a 7% Utility Users Tax (UUT) on utility usage in the City limits. The utilities subjected to the tax include electric, gas, telecommunications, video, water & sewer. From the annual proceeds of the tax, 35.71% of the revenue is to be deposited into the City’s Debt Service Fund for payment of debt and 64.29% is to be deposited into the City’s Public Safety Fund to be used for public safety services.

DISCUSSION:

Pursuant to Section 3.28.190 of the City’s Municipal Code, the Administrative Services Director must provide an annual report on the UUT revenues and expenditures to the City Council. The report must include the amount of UUT revenue received by utility type for the prior fiscal year, the amount expended for services during the prior fiscal year, and a recommendation by the Finance Director as to whether a change in the tax rate is necessary.

For FY2024-2025, the City received $5,387,043 in UUT from the following categories:

The City expended $5,387,043 in UUT revenue for the following services:

Item Number: 12.

SR-25-226
At this time, the Administrative Services Director does not recommend a change in the tax rate and to have it remain at its current rate of 7%.

FISCAL IMPACT:

With no change in the UUT tax rate, there will be no fiscal impact.

STRATEGIC ALIGNMENT:

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

Goal 11: Financial and Operations
Continue to provide fiscally sound operations via the ongoing evaluation of city processes and operational needs to maximize efficiency, streamline processes and eliminate bureaucracy, when possible, to deliver outstanding customer service and professionalism in all interactions with residents and the public.

Item Number: 12.

SR-25-229
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 7, 2025
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of an Ordinance Adding Chapter 15.06 to Title 15 ("Building and Construction") of the Desert Hot Springs Municipal Code to Require Contractors with Large Construction Projects to Register Jobsites as Sub-Outlet with the California Department of Tax and Fee Administration
RECOMMENDATION:

Approve second reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, adding Chapter 15.06 to Title 15 (Building and Construction) of the Desert Hot Springs Municipal Code to require contractors with large construction projects to register jobsites as sub-outlets with the California Department of Tax and Fee Administration." BACKGROUND:

The ordinance was approved for first reading on September 16, 2025.

The ordinance shall take effect thirty (30) days after its second reading.

STRATEGIC ALIGNMENT:

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

Goal 11: Financial and Operations
Continue to provide fiscally sound operations via the ongoing evaluation of city processes and operational needs to maximize efficiency, streamline processes and eliminate bureaucracy, when possible, to deliver outstanding customer service and professionalism in all interactions with residents and the public.

ATTACHMENTS:
1) Staff Report from September 16, 2025
2) Ordinance Adding Chapter 15.06 Large Construction Contract Tax Allocation Item Number: 13.

SR-25-218
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 16, 2025
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: An Ordinance Adding Chapter 15.06 to Title 15 ("Building and Construction") of the Desert Hot Springs Municipal Code to Require Contractors with Large Construction Projects to Register Jobsites as Sub-Outlet with the California Department of Tax and Fee Administration
RECOMMENDATION:

Introduce for first reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, adding Chapter 15.06 to Title 15 (Building and Construction) of the Desert Hot Springs Municipal Code to require contractors with large construction projects to register jobsites as sub-outlets with the California Department of Tax and Fee Administration." BACKGROUND:

Since January 1995, the California Department of Tax and Fee Administration (CDTFA) allows for local sales tax from construction contracts to be allocated to the local jurisdictions of the specific construction jobsite. Normally this tax would be allocated to the county-wide pool based on the jobsite location. The county-wide pool funds would then be distributed to each agency within the specific county based on their proportional contribution to the total local tax collected by the county.

However, if the contractor obtains a jobsite sub-permit from the CDTFA, that 1% local tax will be allocated to the local jurisdiction.

DISCUSSION:

This program has certain requirements to be met in order to be implemented. The contractor or subcontractor must have an active permit with the CDTFA and must be registered as a retailer of materials. The individual contracts held by the contractors or subcontractors must be $5 million or more. This program only applies to the 1% Bradley-Burns Local Sales Tax and does not affect the City’s 1% Transaction & Use Tax.

This ordinance will require all contractors and subcontractors with individual contracts of $5 million or more to obtain a jobsite sub-permit from the CDTFA as a condition of obtaining a City building permit.

The contractors or subcontractors will need to apply to the CDTFA for a job-site permit and provide the City a copy of the CDTFA acknowledgement of the sub-permit registration.

FISCAL IMPACT:

Item Number: 13.

SR-25-218
This action could potentially provide additional sales tax revenue to the City on all large construction projects. This qualifying contract price applies to each contract or subcontract for work performed at the jobsite and not to the total value of the prime contract.

STRATEGIC ALIGNMENT:

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

Goal 11: Financial and Operations
Continue to provide fiscally sound operations via the ongoing evaluation of city processes and operational needs to maximize efficiency, streamline processes and eliminate bureaucracy, when possible, to deliver outstanding customer service and professionalism in all interactions with residents and the public.

ATTACHMENTS:
057..Ordinance Adding Chapter 15.06 Large Construction Contract Tax Allocation (002) Item Number: 13.

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, ADDING CHAPTER 15.06 TO TITLE 15 (“BUILDING AND CONSTRUCTION”) OF THE DESERT HOT SPRINGS MUNICIPAL CODE (“DHSMC”) TO REQUIRE CONTRACTORS WITH

LARGE CONSTRUCTION CONTRACTS TO REGISTER JOBSITES AS

SUB-OUTLETS WITH THE CALIFORNIA DEPARTMENT OF TAX AND

FEE ADMINISTRATION
WHEREAS, the City of Desert Hot Springs (“City”) is a municipal corporation and a charter city; and
WHEREAS, the California Department of Tax and Fee Administration (“CDTFA”) administers the Bradley-Burns Uniform Local Sales and Use Tax Law (Rev. & Tax.

Code §§ 7200 et seq.), which provides for a one percent (1%) local sales and use tax that is allocated to jurisdictions based on the place of sale or use; and WHEREAS, for construction projects, contractors are typically responsible for paying use tax on materials consumed at the jobsite, and if no action is taken, such taxes are allocated to the countywide pool rather than directly to the jurisdiction where the construction occurs; and
WHEREAS, CDTFA regulations allow contractors and subcontractors with individual contracts exceeding five million dollars ($5,000,000) to obtain a jobsite “suboutlet” permit, thereby designating the construction site as a separate outlet for purposes of allocating the one percent (1%) local tax directly to the host jurisdiction; and WHEREAS, the fiscal benefit to the City from ensuring that large construction projects allocate use tax directly to City, rather than to the countywide pool, is substantial and supports essential City services, infrastructure, and public safety; and WHEREAS, the City Council finds that it is in the public interest to condition the issuance of building permits and other construction approvals on compliance with CDTFA’s jobsite sub-outlet program, where applicable, in order to secure the City’s fair share of tax revenues; and
WHEREAS, the City Council further finds that this requirement is appropriately tailored in scope, as it applies only to contractors and subcontractors with contracts exceeding five million dollars ($5,000,000), and is consistent with CDTFA regulations and eligibility criteria; and
WHEREAS, the City Council now desires to add Chapter 15.06 to Title 15 (“Building and Construction”) of the Desert Hot Springs Municipal Code to establish this requirement.

Item Number: 13.

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 TITLE 15 “BUILDING AND CONSTRUCTION” TO ADD CHAPTER 15.06 “LARGE CONSTRUCTION CONTRACT TAX
ALLOCATION” TO READ IN FULL AS FOLLOWS:

Chapter 15.06 Large Construction Contract Tax Allocation

15.06.010 Purpose.

The purpose of this chapter is to require contractors and subcontractors with large individual construction contracts in the City to register jobsites with the California Department of Tax and Fee Administration as sub-outlets, thereby ensuring proper allocation of local sales tax revenues to the City.

15.06.020 Applicability.

This chapter applies to any contractor or subcontractor that enters into an individual contract exceeding five million dollars ($5,000,000) for the construction, improvement, or development of real property within the City. The dollar threshold shall be measured by the value of each separate contract and shall not be based on the aggregate value of the overall project or combined contracts.

15.06.030 Requirement for Jobsite Sub-Outlet Permit.

A. As a condition of issuance of any building permit, grading permit, or other construction-related approval, a contractor or subcontractor subject to this Chapter shall:

1. Apply to the California Department of Tax and Fee Administration “CDTFA” for a jobsite sub-outlet seller’s permit pursuant to CDTFA procedures; and

2. Provide the City with a copy of the CDTFA acknowledgment of sub-outlet registration before commencing construction activities.

Item Number: 13.

B. The City Manager or designee may adopt administrative procedures to implement and enforce this requirement.

15.06.040 Enforcement.

Notwithstanding other grounds, failure to comply with this Chapter shall constitute grounds for suspension or revocation of permits, or for withholding of inspections, until proof of compliance is provided.

15.06.050 Waiver.

A. The City Manager or designee may waive or modify the requirements of this Chapter upon a written determination that:

1. The contractor or subcontractor does not qualify under CDTFA regulations to obtain a jobsite sub-outlet permit;

2. Compliance is infeasible due to the structure of the contract or the nature of the work; or

3. Imposition of the requirement would be unlawful, unconstitutional, or otherwise inconsistent with applicable state law.

B. Any waiver or modification granted under this Section shall be in writing, shall state the reasons for the determination, and shall be placed in the project file.

C. A decision under this section may be appealed to the Planning Commission in accordance with the City’s appeal procedures.

Section 3. CEQA
The adoption of this Ordinance is not subject to the California Environmental Quality Act because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.

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

Section 5. EFFECTIVE DATE
That this ordinance shall take effect pursuant to law.

Section 6. CERTIFICATION
Item Number: 13.

The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

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

AYES:

NOES:

ABSTAIN:
_______________________________
Scott Matas, Mayor
ATTEST:
_________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_________________________________
Jennifer Mizrahi, City Attorney
Item Number: 13.

SR-25-228
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 7, 2025
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of an Ordinance Amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code RECOMMENDATION:

Approve second reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code."
BACKGROUND:

The ordinance was introduced and approved for first reading on September 16, 2025.

The ordinance shall take effect thirty (30) days after its second reading.

ATTACHMENTS:
1) Staff Report from September 16, 2025
2) Ordinance - City Seal and Insignias Update
Item Number: 14.

SR-25-208
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 16, 2025
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: An Ordinance Amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code
RECOMMENDATION:

Introduce for first reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code."
BACKGROUND:

The City's official Seal and Logos are used by the City for certain official purposes. Desert Hot Springs Municipal Code ("DHSMC") Chapter 1.10 provides the following:
 Reflects the official City Seal and Logos currently in use;  Ensures that the current and previous official City Seal and Logos are used only for purposes directly related to the official business of the City of Desert Hot Springs; and  Prohibits unauthorized use of the current and previous Seal and Logo to prevent fraud, deception, misrepresentation, and/or abuse.

DISCUSSION:

The proposed ordinance revises "Exhibit B" to incorporate the latest representations of the City logos, aligning them with the City's updated branding strategy. There are no language modifications to DHSMC Chapter 1.10.

ATTACHMENTS:
1) Ordinance - City Seal and Insignias Update
Item Number: 14.

1 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING CHAPTER 1.10 “CITY SEAL AND
INSIGNIAS” OF THE DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, pursuant to the authority granted the City of Desert Hot Springs (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the City Seal, City logos, and other City insignias in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and
WHEREAS, Government Code section 34501 provides in part, ““Every city organized pursuant to this part shall … have a common seal, alterable at the pleasure of the legislative body;” and
WHEREAS, the City would like to adopt the new logo; and WHEREAS, this Ordinance is for the benefit of the public health, safety and welfare.

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

Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.

Section 2. SECTION 1.10.020 TO BE AMENDED
That the City Council hereby amends the following Section 1.10.020 of Chapter

1.10 of the Desert Hot Springs Municipal Code to read as follows:

1.10.020 City’s Official Logo.

A. The official logo of the City of Desert Hot Springs shall be the logo illustrated and depicted in Exhibit “B” (“Logo”).

B. The Logo of the City shall be maintained in the office of the City Clerk, and a copy of its depiction shall be available for inspection by the public during all regular business hours.

C. The City Clerk shall have custody and charge of the Logo.

D. The Logo shall be the property of the City. The Logo may be used by the City and its duly authorized employees and officials on official documents, and for such other purposes for which municipal logos are usually and customarily used.

Item Number: 14.

2 E. The City Manager shall adopt a policy for use of the City Logo. The City Logo, in general, shall be used in a manner that is less formal than the Seal.

Section 3. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.

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

Section 5. AMENDING OF BAIL SCHEDULE
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
This ordinance shall become effective 30 days after its second reading.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs, California, at a regular meeting held on the ____ day of _______2025, by the following vote:

AYES:

NOES:

ABSENT:
_______________________________
Scott Matas, Mayor
ATTEST:
_________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 14.

3 Exhibit A
Item Number: 14.

4 Exhibit B
Item Number: 14.