Desert Hot Springs City Council
January 20, 2026

City of Desert Hot Springs

ACTION MINUTES
City Council Regular Meeting
6:00 PM - Tuesday, January 20, 2026
Council Chambers
CLOSED SESSION - 4:30 P.M.

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

ROLL CALL

Present:

Council Members: Daniel Pitts, Jan Pye, Dirk Voss (arrived after roll call) Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

PUBLIC COMMENTS
None.

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

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (City of Desert Hot Springs. Irene Valenti, Case Number:

PSC1802698)

2. CONFERENCE WTH LEGAL COUNSEL - ANTICIPATED INITIATION OF

LITIGATION
Pursuant to Government Code Section 54956.9(d)(4) – One Case

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Pursuant to Government Code Section 54957(b): City Manager PRESENTATIONS - 5:30 P.M.
. College of the Desert Presentation
College of the Desert ("COD") representatives: Val Martinez Garcia, Superintendent/President; Dr. Scott Adkins, Interim Executive Director of Bond

City Council
January 20, 2026
Program and Facilities Planning; and Mary Jane Sanchez, Trustee; provided updates and presented an overview of the strategic alignment of shared priorities between COD and the City of Desert Hot Springs; and responded to questions.

Swearing-In of Deputy Police Chief, Jeffrey Hattersley
Steven Shaw, Police Chief, administered the Oath to Deputy Police Chief, Jeffrey Hattersley.

REGULAR SESSION - 6:00 P.M.

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

ROLL CALL

Present:

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

4. Appointment of Mayor Pro Tem
Recommendation:

Ratify Mayor Matas' appointment of Dirk Voss as Mayor Pro Tem for 2026.

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

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

INVOCATION
Mayor Pro Tem Voss gave the Invocation.

Mayor Matas expressed thanks to Councilmember Gardner for serving as Mayor Pro Tem for 2025.

PLEDGE OF ALLEGIANCE
Councilmember Gardner led the Pledge of Allegiance.

City Council
January 20, 2026

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

APPROVAL OF AGENDA
ACTION: Approve the January 20, 2026 regular meeting agenda; approve the consent calendar in its entirety.

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

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

PUBLIC COMMENTS
1) Chris Christensen, CEO of the Desert Healthcare District, announced the development of a new 5-year strategic plan and invited community input. 2) Kathy King expressed concerns about trash, homeless encampments, and fire risk in the wash near Avenida Altaloma and Montecito Road.
3) Will Steichen, Coachella Valley Conservation Commission, thanked the City for a major conservation land cleanup.
4) Barbara Valadez expressed concerns regarding neighboring tenants. 5) Blanca Rendon, through a translator, expressed appreciation for community support and discussed her family's educational and career progress. 6) Ian Gabriel, Lift to Rise, praised City leadership on affordable housing efforts.

CITY MANAGER REPORT
Doria Wilms, City Manager, recognized staff for encampment cleanup and storm response, and announced that the Administrative Services Department received the "Distinguished Budget Presentation Award" from the Government Finance Officers Association.

Geoffrey Buchheim, Administrative Services Director, provided a financial update.

Roberta Crncic, Recreation and Community Services Director, announced "Desert Nights on the Boulevard" events.

City Council
January 20, 2026
Christina Newsom, Deputy City Manager, provided an update on the City's animal adoption efforts and introduced Pet of the Week "Otto," a 6-month old lab mix available for adoption.

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

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

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

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

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

ADMINISTRATIVE CALENDAR:

5. Noise Control Regulation Amendments
Recommendation:

Approve First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs amending Chapter 8.12 ("Noise Control") of Title 8 ("Health and Safety") of the Desert Hot Springs Municipal Code." Staff Report - SR-26-012 - Pdf
Christina Newsom, Deputy City Manager, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Councilmember Gardner
Seconded by Councilmember Pitts
Carried 5-0 by the following votes:

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

6. Fire Station 98, City Project No. 8004 Notice of Completion Recommendation:

Approve the work as performed, accept the project as completed, authorized final payment to Oakview Constructors Inc., and direct the City Manager to file the Notice of Completion for the Riverside County Fire Station 98 Project, City Project No. 8004.

Staff Report - SR-26-023 - Pdf
Daniel Porras, Deputy City Manager/Public Works Director, presented the staff report and responded to questions.

City Council
January 20, 2026
ACTION: Approve Staff recommendation.

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

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

7. 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."
Staff Report - SR-26-019 - Pdf
Jerryl Soriano, City Clerk, presented the staff report.

ACTION: Approve Staff recommendation.

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

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

8. Authorization to Execute Program Award Documents for the Affordable Housing and Sustainable Communities Award
Recommendation:

Approve a resolution authorizing the City Manager to execute Program Award Documents for the Affordable Housing and Sustainable Communities Program for grant and loan funds in the amount of $36,301,486, of which $11,262,600 has been awarded to the City of Desert Hot Springs for infrastructure improvements on Pierson Boulevard - Downtown between West Drive and Palm Drive.

Staff Report - SR-25-293 - Pdf
Travis Clark, Community Development Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution No. 2026-001.

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

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

City Council
January 20, 2026

9. Consideration of an Ordinance Increasing the Salary of City Councilmembers and Mayor
Recommendation:

Consider introducing for first reading and read by title only, "An Ordinance of the City Council of the City of Desert Hot Springs amending Section 2.04.020 of Chapter 2.04 "City Council" of the Desert Hot Springs Municipal Code increasing the salary of City Councilmembers and Mayor."
Staff Report - SR-26-022 - Pdf
Jerryl Soriano, City Clerk, presented the staff report.

ACTION: Approve Staff recommendation.

Moved by Councilmember Gardner
Seconded by Councilmember Pitts
Carried 5-0 by the following votes:

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

10. First Amendment to Engineering Design Services for the Access and Drainage Improvements to Sky Haven Community, City Contract No.

PW26-061 at at Palm Drive and Park Lane
Staff Report - SR-26-016 - Pdf
ACTION: Authorized the City Manager to execute the First Amendment to the Professional Services Agreement with Saxon Engineering Services Inc. for Engineering Design Services for the Access and Drainage Improvements to the Sky Haven Community, City Contract No. PW26-061 at Palm Drive and Park Lane.

11. Second Amendment to Inspection Services Hacienda Avenue Street Improvement Project 3003
Staff Report - SR-26-014 - Pdf
ACTION: Authorized the City Manager to draft and execute the Second Amendment to the Professional Services Agreement for Inspection Services for the Hacienda Avenue Street Improvement Project, City Project No. 3003, to Omnis Incorporated.

12. Inspection Services for the Eagles Sports Park Street Improvements Project 4020
Staff Report - SR-26-015 - Pdf
ACTION: Authorized the City Manager to draft and execute the Professional Services Agreement for Inspection Services for the Eagles Sports Park Street Improvements Project, City Project No. 4020, to Omnis Incorporated, in an

City Council
January 20, 2026
amount not to exceed $114,750.00 with a 10% contingency of $11,475.00 bringing the total amount to $126,225.00.

13. Construction Management Services for the Eagles Sports Park Project 4000
Staff Report - SR-26-018 - Pdf
ACTION: Authorized the City Manager to execute the Professional Services Agreement for Construction Management and Inspections Services for the Eagles Sports Park Project, City Project No. 4000, to NV5, Inc. in an amount not to exceed $265,016.00 with a 10% contingency of $26,501.60 bringing the total amount to $291,517.60.

14. Purchase of Furniture for Police Department Annex Building Project Number 8003
Staff Report - SR-26-013 - Pdf
ACTION: Authorized the City Manager to purchase furniture from Desert Business Interiors, in an amount not to exceed of $162,819.95, for the Police Department Annex Building Project Number 8003.

15. Purchase of of Three (3) Vehicles for Various City Departments Staff Report - SR-26-017 - Pdf
ACTION: Authorized the City Manager to draft and execute all necessary purchase agreements and all related documents for the purchase of 3 (three) vehicles, including a 2024 Ford Transit Van for a total cost of 60,956.26, a 2026 Ford Transit Van for a total cost of $50,629.66, and a 2025 Ford Maverick for a total cost of $34,979.54.

16. Amendment to the Professional Services Agreement with Rayce Jonsrud for Tourism Related Services.

Staff Report - SR-26-021 - Pdf
ACTION: Authorized the City Manager to execute an Amendment to the Professional Services Agreement with Rayce Jonsrud in an amount not to exceed $50,000 for services as described in the attached Scope of Services.

17. Second Reading and Adoption of an Ordinance - Vacation Rental Regulation Amendments
Staff Report - SR-26-020 - Pdf
ACTION: Approved second reading, read by title only and adopted Ordinance No. 828: "An Ordinance of the City Council of the City of Desert Hot Springs amending Chapter 5.44 of the Desert Hot Springs Municipal Code regarding Vacation Rentals."

City Council
January 20, 2026

18. Payment Register and City Council Expenditures for the Period of November 1, 2025 to November 30, 2025
Staff Report - SR-26-006 - Pdf
ACTION: Received and filed.

19. Payment Register and City Council Expenditures for the Period of December 1, 2025 to December 31, 2025
Staff Report - SR-26-007 - Pdf
ACTION: Received and filed.

20. Treasurer’s Report as of August 2025
Staff Report - SR-26-008 - Pdf
ACTION: Received and filed.

21. Treasurer’s Report as of September 2025
Staff Report - SR-26-009 - Pdf
ACTION: Received and filed.

22. Treasurer’s Report as of October 2025
Staff Report - SR-26-010 - Pdf
ACTION: Received and filed.

23. Treasurer’s Report as of November 2025
Staff Report - SR-26-011 - Pdf
ACTION: Received and filed.

PUBLIC COMMENTS
Omar Camacho commended the Administrative Services Department for being awarded the "Distinguished Budget Presentation Award" from the Government Finance Officers Association.

ADJOURN
Mayor Matas adjourned the meeting at 7:02 PM.

City Council
January 20, 2026
Jerryl Soriano, CMC, City Clerk

SR-26-012
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
Department: City Manager
Prepared by: Christina Newsom, Deputy City Manager
Subject: Noise Control Regulation Amendments
RECOMMENDATION:

Approve First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs amending Chapter 8.12 ("Noise Control") of Title 8 ("Health and Safety") of the Desert Hot Springs Municipal Code."
BACKGROUND:

In 2022, the City amended its noise regulations to clarify standards and promote consistent enforcement. The amendments established Chapter 8.12 of the Municipal Code as the primary authority for determining noise violations and recognized unreasonable noise and vibration as conditions detrimental to the peace, health, safety, welfare, and quality of life of the community.

The codification removed enforcement procedures previously contained in Chapter 8.12 and directed that all enforcement actions be conducted pursuant to the applicable procedures set forth in Title 4 (Code Enforcement) of the Municipal Code. Chapter 8.12 was further amended to include factors for determining whether a noise disturbance has occurred, including the volume, level, and intensity of the noise, the proximity of the noise to residential or commercial sleeping areas, and the nature and zoning of the area from which the noise originates.

These amendments provided a uniform and streamlined framework for regulating and enforcing noise standards throughout the City.

DISCUSSION:

Building upon that established framework, the City now proposes amendments to the City’s noise regulations to better serve the public interest while maintaining appropriate protections for community peace and quality of life. These amendments are intended to provide greater flexibility for community events and to modernize allowable operating hours for sound-producing devices, while ensuring that noise impacts remain appropriately regulated through the City’s permitting and enforcement processes.

The proposed amendments include the following:

SR-26-012
 Extend the allowable hours for the use or operation of any sound production or reproduction device from 8:00 p.m. to 10:00 p.m.
 Establish an exemption from noise disturbance regulations for special events that have received a City-issued special events permit.
 Add Section 8.12.045 (“Exemptions”) to Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code to allow permitted special events to operate outside the noise regulations specified in Section 8.12.040, subject to event-specific noise control conditions established by the City during the special event permitting process FISCAL IMPACT:

None.

STRATEGIC ALIGNMENT:

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

Goal 8: Community Services, Engagement and Quality of Life Provide for high-quality programs, events and activities that promote and provide community engagement, pride, quality of life services and arts and culture in the City of Desert Hot Springs.

ATTACHMENTS:
1) Noise Control Ordinance Amendment

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AMENDING CHAPTER 8.12 (“NOISE CONTROL”) OF TITLE 8 (“HEALTH AND SAFETY”) OF THE DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution;
WHEREAS, currently, chapter 8.12 “Noise Control” of the Desert Hot Springs Municipal Code (“DHSMC”) prohibits unnecessary and excessive noise; WHEREAS, the City Council finds that the public interest is better served by creating exceptions to noise disturbance regulations for special events; WHEREAS, the City Council finds that public interest is better served by extending the hours in which the use of operation of any sound production or reproduction device be extended; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the public interest, health, safety, convenience, and welfare.

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

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

Section 2. AMENDING SECTION 8.12.040 (“OTHER SPECIFIC
PROHIBITIONS”) OF CHAPTER 8.12 (“NOISE CONTROL”) OF
TITLE 8 (“HEALTH AND SAFETY”) OF THE DESERT HOT

SPRINGS MUNICIPAL CODE
Section 8.12.040 (“Other specific prohibitions” of Chapter 8.12 (“Noise Control”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code is hereby amended to read as follows:
§ 8.12.040 Other specific prohibitions.

The following acts, and the causing thereof, are declared to be in violation of this chapter:

A. The sounding of any horn or other auditory signaling devices on or in any motor vehicle except as a warning of danger.

B. The use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud

speakers, sound amplifier, public address system or other similar machine or device for the producing or reproducing of sound:

1. Between the hours of 10:00 p.m. 8:00 p.m. and 8:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary;

2. In such a manner as to be plainly audible within any noise sensitive zone;

3. In such a manner as to be plainly audible at a distance of 50 feet from the source;

4. In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.

C. The use or operation of a leaf blower:

1. Between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday; and

2. Between the hours of 8:00 p.m. and 9:00 a.m. on Saturday and/or Sunday.

D. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary or which are audible within a noise sensitive zone.

Section 3. ADDING SECTION 8.12.045 (“EXEMPTIONS”) OF TITLE 8 (“HEALTH AND SAFETY”) OF THE DESERT HOT SPRINGS

MUNICIPAL CODE

8.12.045 Exemptions. Any special event conducted within the jurisdiction of the City that has received a special events permit from the City may operate outside the regulations specified in Section 8.12.040 of this chapter.

The City shall establish specific conditions regarding noise control during the special event permitting process to ensure adequate control of noise disturbances during the event.

Section 4. SEVERABILITY
That 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. EXECUTION AND CERTIFICATION
That the City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify the passage of this ordinance and cause the same to be published according to law.

Section 6. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its second reading by the Desert Hot Springs City Council.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

SR-26-023
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
Department: Public Works
Prepared by: Raul Arauz, Associate Engineer
Subject: Fire Station 98, City Project No. 8004 Notice of Completion RECOMMENDATION:

Approve the work as performed, accept the project as completed, authorized final payment to Oakview Constructors Inc., and direct the City Manager to file the Notice of Completion for the Riverside County Fire Station 98 Project, City Project No. 8004.

BACKGROUND:

On November 2, 2021, the City Council authorized the City Manager to execute a Professional Services Agreement with STK Architecture, Inc. for the design, engineering, and construction administration of the City’s Public Safety Bond Projects, including Fire Station No. 98.

The Fire Station No. 98 Project consisted of the design and construction of a new, fully operational fire station located along Hacienda Avenue at Long Canyon Drive on City-owned property. STK Architecture completed the design of the Fire Station No. 98 and plans were approved in December 2023.

DISCUSSION:

On March 19, 2024, City Council awarded the construction agreement for Fire Station No. 98, City Project No. 8004, to the lowest responsive qualified bidder Oakview Constructors Inc. in an amount not to exceed $8,052,000.00, with a 10% contingency of $805,200.00 bringing the total amount to $8,857,200.00.

Construction on Fire Station No. 98 project began promptly in April of 2024. Oakview Constructors Inc. worked diligently and professionally and substantially completed the construction of Fire Station #98 on September 22, 2025, in conformance with the plans and specifications. The final project resulted in a new Fire Station built per plan with minor necessary changes made during construction.

During construction there were a total of 20 unforeseen but necessary change orders issued. The total cost in change orders was $ 372,506.00 which was equivalent to 4.6% of the total contract cost, and under the 10% contingency amount of $805,200.00 that was previously approved by City Council. The Change Order Log for Fire Station No. 98 is included in the attachments section. The total cost of the construction contract including all change orders was $8,424,506.00, which was $432,694.00 under the total project budget of $8,857,200.00.

SR-26-023
Staff recommends that City Council approve the work, accept the project, and direct the City Clerk to file the Notice of Completion for Fire Station No. 98, City Project No. 8004.

FISCAL IMPACT:

The construction cost of this project was within the amount authorized by City Council. The total approved budget was $8,052,000.00, with a 10% contingency of $805,200.00, for a total of $8,857,200.00.

The total cost of the construction contract including all change orders was $8,424,506.00, which was $432,694.00 under the total project budget of $8,857,200.00.

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) Fire Station 98 - Notice of Completion
2) Fire Station 98 Change Order Log
3) Fire Station 98 Photos

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of Desert Hot Springs
65950 Pierson Boulevard
Desert Hot Springs, CA 92240
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is The City of Desert Hot Springs.

3. The full address of the owner is 11999 Palm Drive Desert Hot Springs, CA, 92240.

4. The nature of the interest or estate of the owner is in fee and easements.

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common, are: None.

6. A work of improvement on the property hereinafter described was completed on September 22, 2025. The work done was: Construction of the new Fire Station 98 Project Number 8004

7. The name of the contractor, for such work of improvement was Oakview Constructors, Inc.

Date of Contract: March 19, 2024

8. The property on which said work of improvements were completed is in the City of Desert Hot Springs, County of Riverside, State of California, and is described as follows: Fire Station 98, 69111 Hacienda Avenue Drive Desert Hot Springs CA 92240.
______________________________________________ Dated:_____________________ Jerryl Soriano CMC, City Clerk, City of Desert Hot Springs I, the undersigned, am the City Manager of City of Desert Hot Springs, hereby certify that of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true to the best of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
________________________________________________ Dated: ____________________ Doria Wilms, City Manager

Project Fire Station 98 Project No. 8004
Contractor Oakview Contractor Inc. Contract No.

Architect Anthony Finaldi, STK Base Bid Amount 8,052,000.00 DHS CO # DESCRIPTION
DATE

APPROVED AMT
DHS CO 01
Added labor & material for ADA restroom shower plumbing per RFI 282-10 7/11/24 $2,469.00
DHS CO 02 Added costs for SCE primary pathway per SCE Map 8/19/24 $49,151.00 DHS CO03
Additional labor and material required to furnish & install power to rolling gate motor per RFI 282-09 8/19/24 $1,009.00 DHS CO 04
Labor & material to install power for Plymovent Crab
Exhaust System 9/19/24 $4,132.00
DHS CO 05
Labor & material to make kitchen electrical modifications and install Reverse Osmosis System 9/19/24 $20,118.00
DHS CO 06
Additional costs associated with installation of telephone infrastructure per SK 16 11/6/24 $64,188.00
DHS CO 07
Credit for tank size reduction from 5k gl to 1k gl per AOR submittal review 11/6/24 ($41,382.00)
DHS CO 08 Additional labor & material to add FHA mesh per RFI 33 11/6/24 $11,357.00 DHS CO 09
Additional labor and materials for LPG conversion per
SK15A 1/8/25 $31,280.00
DHS CO 10
Flashing Beacon Substitute due to original being
discontinued 2/5/25 $7,605.00
DHS CO11 MSB Switchgear Substitution to Expedite Delivery 2/10/25 $17,763.00 DHS CO 12 Additonal DHS requested landscape 2/13/25 $39,704.00 DHS CO 13 Security Guard 50% Reimbursement 3/17/25 $38,227.00 DHS CO 14 Security Guard 50% Reimbursement 3/17/25 $21,496.00 DHS CO 15 CMU Wall Paint 4/4/25 $3,630.00
DHS CO 16 Stripping 8/7/25 $1,326.00
DHS CO 17 Booster Fan 8/7/25 $470.00
DHS CO 18 Extended Overhead 9/2/25 $96,175.00
DHS CO 19 Revisions to the Fire Alarm system 9/1/25 $2,438.00 DHS CO 20 Added Switch to a light pole on the back parking. 9/22/25 $1,350.00 CHANGE ORDERS TOTAL 372,506.00

CITY OF DESERT HOT SPRINGS

CHANGE ORDER LOG

SR-26-019
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
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 logos associated with Animal Care & Control. There are no language modifications to DHSMC Chapter 1.10.

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS:
1) Ordinance - City Seal and Insignias Update (Animal Care and Control)

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

B. The Logo(s) 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 Logos.

D. The Logos shall be the property of the City. The Logos 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.

2 E. The City Manager shall adopt a policy for use of the City Logos. The City Logos, 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

3 Exhibit A

4 Exhibit B

5

SR-25-293
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Authorization to Execute Program Award Documents for the Affordable Housing and Sustainable Communities Award
RECOMMENDATION:

Approve a resolution authorizing the City Manager to execute Program Award Documents for the Affordable Housing and Sustainable Communities Program for grant and loan funds in the amount of $36,301,486, of which $11,262,600 has been awarded to the City of Desert Hot Springs for infrastructure improvements on Pierson Boulevard - Downtown between West Drive and Palm Drive.

BACKGROUND:

The Affordable Housing and Sustainable Communities (AHSC) program is administered by the Strategic Growth Council (SGC) and implemented by the California Department of Housing and Community Development (HCD). AHSC is part of California Climate Investments, a statewide initiative that invests billions of Cap-and-Invest (formerly Cap-and-Trade) dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment—particularly in disadvantaged and low-income communities. Through investments in transit-oriented development, AHSC builds affordable housing near transportation options, helping Californians live closer to work, school, and essential services — improving quality of life while reducing carbon emissions. This program provides low-interest loans to develop affordable housing while simultaneously providing grant funding to jurisdictions for infrastructure projects that reduce Greenhouse Gasses (GHG) through the Sustainable Transportation Infrastructure (STI) part of the program.

Abode Communities submitted their entitlement application for Park Lane Homes, an affordable housing development, on February 7, 2025 and received entitlements from the Planning Commission on May 13, 2025. The Notice of Funding Availability (NOFA) for Round 9 of AHSC was released in March, 2025 with an application due date of May 28, 2025. Abode Communities approached the City in February 2025 about pursuing this funding source for the affordable housing development as well as improving City infrastructure.

DISCUSSION:

City Staff began working with Abode Communities and their consultants - the California Coalition for Rural Housing, Raimi and Associates, and the Enterprise Community Partners Institute - to submit a joint application for AHSC funding. Sunline Transit Agency was also brought into the partnership to develop the transit component. After three (3) months of developing the program, an application was

SR-25-293
submitted that would cover Phase I of Park Lane Homes, which includes 87 of the 167 entitled affordable housing units along with the community building, common spaces, and other amenities.

Grant funds were also requested for supportive services to the residents such as bus passes and internet service for three (3) years. The STI portion of the application includes redevelopment of Pierson Boulevard Downtown between West Drive and Palm Drive, complete with new and wider sidewalks, shade trees and landscaping, street furniture, lighting, and ADA accessibility improvements. A new transit station at West Drive and Pierson Boulevard was included in the application with input from Sunline. New bike lanes from Little Morongo Road to Mesquite Avenue along Pierson Boulevard are included. A new micro-transit van service would run a loop through the City and take residents to the developing job center at Indian Canyon Road and I-10. Improvements were also included for a pedestrian crossing at Park Lane and Palm Drive.

On December 10, 2025, the Strategic Growth Council announced awards for Round 9 of AHSC.

Desert Hot Springs was among those listed as getting an award in the Rural Innovation Project Area (RIPA) category. The award is for $24,630,370 in loan funds for the Affordable Housing Development (AHD) portion, $408,518 in grant funds for program cost (PGM) supporting residents of the housing development, and $11,262,600 in grant funds for the City for infrastructure improvements (STI), bringing the total award to $36,301,486.

FISCAL IMPACT:

The award to the City is $11,262,600 in grant funds. There is a match contribution of $2,760,600 from the City to fund elements of the program, which AHSC funds would not cover such as parking, road resurfacing, etc.

ENVIRONMENTAL ANALYSIS:

The affordable housing project, Park Lane Homes, was approved on May 13, 2025 with a Mitigated Negative Declaration under CEQA.

STRATEGIC ALIGNMENT:

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

Goal 3: Downtown District
Revitalize the Downtown Art and Culture District to attract events, promote business development and enrich the art and culture experience for both Desert Hot Springs residents and visitors.

Goal 6: Community Beautification
Focused execution of beautification efforts city-wide via enforcement measures and the abatement of illegal dumping.

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:

SR-25-293
Resolution AHSC-R9-Public Entity Sponsor

Public Entity – Sponsor/Grant Recipient
RESOLUTION NO. 2026 - ______________

RESOLUTION OF THE CITY COUNCIL OF THE OF

CITY OF DESERT HOT SPRINGS RELATED TO THE AFFORDABLE HOUSING &

SUSTAINABLE COMMUNITIES PROGRAM FOR THE COMMUNITY KNOWN AS

PARK LANE HOMES
WHEREAS, the California Department of Housing and Community Development ("Department") and the Strategic Growth Council (“SGC”) have issued an Affordable Housing & Sustainable Communities Program (“AHSC” or “AHSC Program”) Notice of Funding Availability, dated March 25, 2025 (“AHSC Program NOFA”); and WHEREAS, the City of Desert Hot Springs, a charter city organized pursuant to Article XI of the California Constitution (“Public Entity”), applied to the Department in response to the NOFA (the “Application”) and was determined to be an eligible Applicant; and based on the Application, the Department made an award of Program funds (the “Program Award”) pursuant to the conditional award letter, dated December 10, 2025 (“Award Letter”); and
WHEREAS, the Department and SGC have made a conditional commitment of AHSC Program funds to assist Park Lane Homes (the “Project”), and such commitment was made to awardees pursuant to the Award Letter in the following amount(s):

AHSC Program Award Component Amount Awarded
AHSC Program Loan Award $24,630,370
AHSC Program Grant Award $11,671,116
Total: $36,301,486
WHEREAS, the AHSC Program Loan Award and AHSC Program Grant Award expressly identified above will hereinafter jointly be referred to as the “AHSC Program Award.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of Desert Hot Springs as follows:

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

Public Entity – Sponsor/Grant Recipient

2. That the Public Entity is hereby authorized and directed to act in connection with the Program Award.

3. The Public Entity is hereby authorized and directed to accept and incur an obligation for the Program Award. That in connection with the AHSC Program Award, the Public Entity is authorized and directed to enter into, execute, and deliver one or more STD 213, Standard Agreements for a sum not to exceed the full amount of the AHSC Program Award, and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program Award from the Department and to participate in the AHSC Program, and all amendments thereto (collectively, the “Program Award Documents”).

4. The Public Entity acknowledges and agrees that it shall be subject to the terms and conditions specified in the STD 213, Standard Agreements, and that the Affordable Housing Sustainable Communities Program of 2024 NOFA and the Application will be incorporated by reference therein and made a part thereof.

Public Entity also acknowledges and agrees that any and all activities, expenditures, information, and timelines represented and described in the Application are enforceable through the relevant STD 213, Standard Agreement(s). Public Entity also acknowledges and agrees that Program Award funds are to be expended only on the eligible uses and activities identified in the relevant STD 213, Standard Agreement(s).

5. That the City Manager, of the City of Desert Hot Springs, or his or her designee is hereby authorized to negotiate and execute all documents to effectuate this project, including but not limited to the Program Award Documents and all amendments on behalf of the Public Entity.

6. That this resolution shall take effect immediately upon its passage, and that any actions taken thus far in furtherance of the activities authorized by this resolution are hereby ratified.

7. That the City Clerk shall certify to the passage of this Resolution and shall cause the same to be published according to law. The undersigned, City Clerk of the Public Entity, does hereby attest and certify that the foregoing is a true, full, and correct copy of a resolution that was duly adopted by the Public Entity’s governing body on January 20, 2026, and that the resolution has not been altered, amended, modified, repealed, rescinded, or annulled.

Public Entity – Sponsor/Grant Recipient
PASSED AND ADOPTED by the City of the City of Desert Hot Springs at a regular meeting held on January 20, 2026, by the following vote:

Ayes:

Noes:

Abstain:

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

SR-26-022
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To:

Date: January 20, 2026
Department: City Manager
Prepared by: Jerryl Soriano, City Clerk
Subject: Consideration of an Ordinance Increasing the Salary of City Councilmembers and Mayor
RECOMMENDATION:

Consider introducing for first reading and read by title only, "An Ordinance of the City Council of the City of Desert Hot Springs amending Section 2.04.020 of Chapter 2.04 "City Council" of the Desert Hot Springs Municipal Code increasing the salary of City Councilmembers and Mayor." BACKGROUND:

Salaries for the City Council and Mayor should be reviewed periodically to provide reasonable compensation for council and mayoral duties, as provided by law. Compensation amounts were last increased in 2020. Currently, the City Council and Mayor receive the following salaries and allowances each month:

Base Salary Auto Allowance Phone
Allowance
Total
Mayor $ 1,429.28 $ 600 $ 72 $ 2,101.28
Councilmember $ 1,111.62 $ 600 $ 72 $ 1,783.62
The City of Desert Hot Springs is a Charter City, organized pursuant to Article XI of the California Constitution. Because the City is not a general law city, it is not subject to the state requirements under California Government Code Section 36516, which establishes salaries for councilmembers based upon population.

DISCUSSION:

Staff conducted a compensation survey of Coachella Valley cities that included totals of base rates and allowances (Exhibit 1). This survey shows an average total monthly compensation for councilmembers to be $2,304.01 and for mayors to be $2,571.40.

It is recommended that the City Council consider adopting an ordinance amending the Desert Hot Springs Municipal Code to increase the base salary of the City Councilmembers and Mayor to be comparable to the average total compensation of other Coachella Valley cities. The proposed compensation totals (with base rate increases) are:

SR-26-022
Base Salary Auto Allowance Phone Allowance Total
Mayor $ 1,899.40 $ 600 $ 72 $ 2,571.40
Councilmember $ 1,632.01 $ 600 $ 72 $ 2,304.01
FISCAL IMPACT:

Adoption of the proposed ordinance will increase the FY 2025-26 budgeted expenditures by over $15,000 in General Fund. This increase will be included in the upcoming Mid-Year Budget Adjustments. Future budget fiscal year expenses will increase by an amount of over $31,000 in General Fund and will be incorporated into future budget projections.

ATTACHMENTS:
1) City Council Wages and Allowances (2026)
2) Draft Ordinance

DESERT HOT SPRINGS Monthly BASE Auto Allowance Phone Allowance TOTAL:

Mayor 1,429.28 $ $600 $72.00 $ 2,101.28
City Council 1,111.62 $ $600 $72.00 $ 1,783.62
CATHEDRAL CITY Monthly BASE Car Allowance Phone Allowance Total Mayor 1,411.08 $ None None $ 1,411.08
City Council 1,411.08 $ None None $ 1,411.08
COACHELLA Monthly BASE Car Allowance Phone Allowance Total Mayor 1,275.00 $ None $200.00 $ 1,475.00
City Council 1,275.00 $ None $200.00 $ 1,475.00
INDIAN WELLS Monthly BASE Car Allowance Phone Allowance Total Mayor 2,088.45 $ None None $ 2,088.45
City Council 1,392.31 $ None None $ 1,392.31
INDIO Monthly BASE Car Allowance Phone Allowance Total
Mayor 1,900.00 $ None $100.00 $ 2,000.00
City Council 1,900.00 $ None $100.00 $ 2,000.00
LA QUINTA Monthly BASE Car Allowance Phone Allowance Total Mayor 2,800.00 $ None $40.00 $ 2,840.00
City Council 2,300.00 $ None $40.00 $ 2,340.00
PALM DESERT Monthly BASE Car Allowance Phone Allowance Total Mayor 2,830.00 $ None None $ 2,830.00
City Council 2,830.00 $ None None $ 2,830.00
PALM SPRINGS Monthly BASE Car Allowance Phone Allowance Total Mayor 4,160.00 $ None None $ 4,160.00
City Council 3,467.00 $ None None $ 3,467.00
RANCHO MIRAGE Monthly BASE Car Allowance Phone Allowance Total Mayor 3,166.66 $ $ 100.00 500.00 $ $ 3,766.66
City Council 2,916.66 $ $ 100.00 500.00 $ $ 3,516.66
Mayor Average $ 2,571.40
Councilmember Average $ 2,304.01
Mayor Median $ 2,459.23
Councilmember Median $ 2,170.00
Mayor Total $ 2,571.40
Councilmember Total $ 2,304.01
Mayor (new base) $ 1,899.40
Councilmember (new base) $ 1,632.01
Proposed Increases to
DHS Totals

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING SECTION 2.04.020 OF CHAPTER 2.04
“CITY COUNCIL” OF THE CITY’S MUNICIPAL CODE INCREASING

THE SALARY OF CITY COUNCILMEMBERS AND MAYOR
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, currently the City’s Councilmembers receive a salary of $1,111.62 per month; and
WHEREAS, currently the City’s Mayor receives a salary of $1,429.28 per month; and
WHEREAS, these respective amounts have not been increased since 2020; and WHEREAS, the City has seen an increase in development, economic activity, services; and
WHEREAS, due to these economic increases, the City Council has not only held its regular meetings, but has held special meetings, and overall had an increase in work in order to accommodate the increased demand; and
WHEREAS, accordingly, City Councilmembers and Mayor have been working longer hours; and
WHEREAS, the City Councilmembers and Mayor’s service and dedication to the community should be recognized; and
WHEREAS, salaries of City Councilmember and Mayors are dictated by Article XI, Section 5 (b); and
WHEREAS, Article XI, Section 5(b)(4) of the California Constitution provides, “(4) plenary authority is hereby granted, subject only to the restrictions of this article, to provide therein or by amendment thereto, the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed, and for their removal, and for their compensation, and for the number of deputies, clerks and other employees that each shall have, and for the compensation, method of appointment, qualifications, tenure of office and removal of such deputies, clerks and other employees.”; and
WHEREAS, the City Council determines that amending the salaries of the City Councilmembers and Mayor to better reflect the actual work performed by all promotes the health, safety and public welfare of the community.

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

Section 1. RECITALS.

That the Recitals are hereby incorporated by this reference.

Section 2. AMENDMENT OF SECTION 2.04.020 “SALARIES OF
COUNCILMEMBERS AND THE MAYOR—AMOUNT, PAYABLE
MONTHLY” OF CHAPTER 2.04 OF THE DESERT HOT SPRINGS

MUNICIPAL CODE
That Section 2.04.020 “Salaries of Councilmembers and the Mayor—Amount, payable monthly” of Chapter 2.04 “City Council” of the Desert Hot Springs Municipal Code shall be amended to read as follows:

A. Each member of the City Council shall receive a salary in the amount of $1,111.62 $1,632.01 per month.

B. The City’s Mayor shall receive a salary in the amount of $1,429.28 $1,899.40 per month.

C. Each member of the City Council, including the Mayor, who is a member of a City Council -assigned committee, shall receive a stipend from the City of $75 per committee meeting in which they are in attendance. This stipend shall only apply when an outside committee does not provide a stipend to the City Councilmember or Mayor. This stipend, when applicable, is in addition to the salaries specified in subsections A and B.

D. All sums to be paid as salaries to the Mayor and to members of the City Council shall be a debt of the City and shall be paid monthly. (Ord. 658 4-17- 18; prior code § 30.02)
Section 3. SEVERABILITY
That 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 4. CEQA EXEMPTION
That this ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the Guidelines for California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), because approval of this ordinance does not have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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

Section 6. EXECUTION AND CERTIFICATION
That the City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be published according to law.

Section 7. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its second reading by the City Council.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ____ day of ____________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

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

SR-26-016
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
Department: Public Works
Prepared by: Tim Jonasson, Consultant City Engineer
Subject: First Amendment to Engineering Design Services for the Access and Drainage Improvements to Sky Haven Community, City Contract No. PW26- 061 at at Palm Drive and Park Lane
RECOMMENDATION:

Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Saxon Engineering Services Inc. for Engineering Design Services for the Access and Drainage Improvements to the Sky Haven Community, City Contract No. PW26-061 at Palm Drive and Park Lane.

BACKGROUND:

On December 4, 2025, staff approved a Professional Services Agreement (PSA) with Saxon Engineering for civil engineering design of an exit access road for the Sky Haven mobile home park community to access a new traffic signal proposed for Palm Drive and Park Lane currently in design.

This access road will take advantage of the public roadway easement that currently exists on the southerly border of the Grocery Outlet property. By giving the mobile home park residents access to the new signal, they will be able to make a protected left turn onto northbound Palm Drive that currently does not exist at their main driveway on Palm Drive. This will involve at least partial removal of the block wall between the mobile home park and Grocery Outlet. For security purposes the exit road will have a gate to allow only outbound traffic from the mobile home park onto the public roadway easement. Staff has met with the Sky Haven homeowner’s representatives, and they are in favor of this improved access to their community.

DISCUSSION:

During discussions with the Sky Haven homeowner’s association regarding access to the new traffic signal their board members mentioned the difficulty they have maintaining the two vacant lots adjacent to their main entrance from Palm Drive. Since these lots are at a lower elevation than the roadway, they appear to be an ideal location for stormwater retention to help mitigate the frequent flooding on Palm Drive. Sky Haven’s board members were very interested in the city improving and maintaining these lots to enhance aesthetics at their entrance in addition to the flood mitigation they could provide for the public roadway. They asked for preliminary landscape plans for what these improvements could look like and how they would interface with the proposed exit access road.

Under a separate contract Saxon Engineering has nearly completed design of the new traffic signal and street improvements at Palm Drive and Park Lane. If approved, staff would include the access

SR-26-016
road, drainage and landscape improvements with the intersection improvements as one project. An easement and maintenance agreement with the Sky Haven community for the landscape improvements would be brought back for consideration at a future time.

FISCAL IMPACT:

The additional $41,265 for design of the stormwater retention basin and access road will utilize some of the funds in the Storm Drainage Development Impact Fee Fund.

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:

First Amendment to Saxon Palm and Park - DRAFT
Proposal - Basin - Landscape electrcial and soils
Exhibit - Retaining Basins Concept

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
SAXON ENGINEERING SERVICES, INC.

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BY

AND BETWEEN THE CITY OF DESERT HOT SPRINGS AND SAXON ENGINEERING SERVICES, INC. (hereinafter, the “ First Amendment”), is made and entered into as of 20th day of January, 2026, 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 Saxon Engineering Services, Inc., hereinafter referred to as “Contractor,” with the City and Contractor sometimes together referred to herein as the “Parties.”

RECITALS
WHEREAS, on December 4, 2025, the Parties entered into that certain Professional Services Agreement by and between the City of Desert Hot Springs and Saxon Engineering Services, Inc. (hereinafter, the “Agreement”), for the City to utilize the services of Contractor, to complete engineering design of exit road for Sky’s Haven mobile home park community to access a new traffic signal proposed for Palm Drive at Park Lane; and
WHEREAS, the Parties desire to amend the Agreement to expand the scope of services to include additional civil engineering design services related to the Exit Access Road and construction of detention basins; and
WHEREAS, the Parties desire to amend the Agreement to increase the not-toexceed compensation by Forty-One Thousand Two Hundred Sixty-Five Dollars ($41,265.00) to account for the expanded scope of services.

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:

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

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

Section 3. AMENDMENT

1. Section 2. Scope of Services is hereby amended to read as follows:

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

The Scope of Services shall incorporate the Contractor’s proposal dated January 5, 2026, titled “Proposal to provide Civil engineering services for the Exit Access Road and Construction of detention Basins at the eastern side of the Sky Have Community located at 14777 Palm drive, in the City of Desert Hot Springs.” In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede. Except where this Agreement specifically provides otherwise, the Contractor is responsible for providing any and all facilities, assets, and resources (including personnel, facilities, equipment, and software) necessary and appropriate for the delivery of the Services and to meet the Contractor’s obligations under this Agreement. Any City assets to which access is being provided for use by the Contractor (including equipment, software licenses, and third-party service contracts) are provided on an ”as is where is” basis, and the City does not provide the Contractor any representations or warranties regarding such assets.

2. Section 4. Compensation is hereby amended to read as follows:

The City agrees to pay Contractor for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Contractor agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, Seventy Eight Thousand Four Hundred and Five Dollars ($78,405.00) in a total amount not to exceed Seventy Eight Thousand Four Hundred and Five Dollars ($78,405.00) in accordance with the Cost Proposals contained in the Scope of Services.

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

Section 5. CONFLICTS
In the event there exists any conflicts between the terms of this First Amendment and the First Agreement, the terms of this First 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]

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

SAXON ENGINEEING SERVICES,
INC.

________________________________
Kurt Saxon, President

January 5, 2026
City of Desert Hot Springs
Tim Jonasson, PE, Consultant City Engineer
Daniel Porras, PE, Deputy City Manager/City Engineer
11999 Palm Drive
Desert Hot Springs, CA 92240
Re: Proposal to Provide Civil Engineering Services for the Exit Access Road and Construction of Detention Basins at the eastern side of the Sky Heaven Community located at 14777 Palm Drive, in the City of Desert Hot Springs, CA 92240.

Dear Tim/Daniel,
On behalf of Saxon Engineering Services (SES), I would like to thank you for requesting this proposal to provide Civil Engineering Services in conjunction with the proposed construction of the above noted project.

This proposal is based upon the information we received from your office and our discussion with you regarding the project.

With this information in mind, the following is our anticipated Scope of Services envisioned for this project and the associated fee:
1) Final Engineering
1) Preliminary Research/Site Visit
Obtain available documentation on adjoining properties, improvements and utilities from the applicable governing agency and local utility agencies. Perform one (1) project site visit to review and document existing site conditions.

Value of Services $500
2) Final Landscape and Irrigation Plans (Onsite and Offsite Combined) Utilizing the Client and City staff approved site plan, prepare tree removal/protection, landscape construction, irrigation and planting plans. This item will include the perimeter/security fencing around the property and/or detention basin areas. This item will include the removal and/or protection of existing trees. Plans will include landscape construction, details and notes. To include the entry gate relocation. Irrigation plans will include typical details and related notes/specification, legend and calculations for proposed improvements. Planting plans will include typical installation details and related notes/specifications the indicate plant species, sizes, quantities and locations.

Value of Service $20,900
SCOPE OF SERVICES 2025-111

- 2 -
3) Electrical Plans
The scope of work includes the preparation of Electrical Plans for the relocation of existing gate and the new gate operator power:
 Gate operator branch circuits and raceway routing;
 Site lighting design for the gate locations and egress lane;  One-line diagram; and
 Load calculations to verify capacity and coordination with the existing electrical system. (Does not include upgrade of the existing electrical service. If required, a separate additional service would be issued).

Value of Service $3,900
4) Soils Report (Infiltration Test, Paving Sections)
Scope of services includes field exploration, infiltration testing, laboratory testing, engineering analysis and report preparation. The services are intended to provide geotechnical information for use in the design and construction of the proposed paving and site improvements along with recommendations for the construction of the associate site improvements.

Value of Service $9,375
5) Meetings and Correspondence (T&M)
In conjunction with providing the services outlined herein, attend meetings and conference calls, respond to requests for information, and coordinate with the Client, Contractor, Architect, and Agencies as requested. This budget includes approximately eight (8) hours of time to be provided and billed on a time and materials (T&M) basis.

Budget (Hourly T&M) $1,400
6) Agency Plan Check Response (T&M)
Address minor Agency plan check comments. This item assumes twenty-four (24) hours of time to be provided and billed on a time and materials (T&M) basis.

Budget (Hourly T&M) $4,590
7) Reimbursables (Hourly T&M)
In conjunction with providing the services outlined above, we will incur certain expenses such as blueprints, mylars, plotting, scanning, copying, deliveries, travel time, mileage, City Business License Fees, Preliminary Title Reports. and coordination of above activities for which we would expect to be reimbursed. Actual fees will be invoiced as they are incurred on a cost-plus basis.

Budget (Hourly T&M) $600
Total: $41,265

- 3 -
Other Exclusions:

A) Upgrade of existing Electrical System. If required, a separate additional service would be issued.

B) Preparation of project specifications.

Initial
NOTE I.: Item numbers _2_ and _3_ are for plans complete for 1st Agency Submittal.

Redlines and Agency Plan Check Comments are included in the Agency Plan Check Response phase of work.

NOTE II.: Design items _2_ through _7_ shall be paid in full by Client prior to Agency Submittal.

- 4 -
Assumptions
This proposal was based on the following assumptions related to the proposed project:
a) Client will provide a current title report and will maintain an open order for the subject site.
b) Adequate connection points for storm drain, water, and sewer are available at the project boundary to serve the proposed development. c) Mapping will be based on available local agency vertical datum and an assumed horizontal datum, unless specifically requested otherwise. d) The project will be designed and constructed as a single phase. e) The site will not require storm drain pipes 18-inches in diameter and larger.
f) The soils engineer will provide earthwork quantity adjustment factors, pavement sections, and remedial quantities prior to completing the preliminary grading study.
g) Architect's Approved Site Plan shall be provided in an AutoCAD 2006 .DWG format or other compatible digital format and meet the following minimum standards:

Site layout shall meet all setback requirements and applicable agency standards. Site shall have surveyed boundary and current applicable topography. Site layout lines shall be parallel and perpendicular where applicable. Site layout line intersections shall be "snapped to" with no overlaps or gaps. Building, property line, curbs, flatwork, dimensions, and striping shall all be on separate layers. All hardscape shall have even dimensions and radii; no curves shall be "not tangent" or "brokenback".

Note: If a Site Plan is provided that does not meet the above minimum standards, SES will correct the Site Plan at additional cost on a time and materials (T&M) basis. SES will not be responsible or liable for verifying site plan compliance with Agency standards. SES will not be responsible or liable for verifying Site Plan compliance with government or Agency codes, standards, and requirements. h) Fire sprinkler system calculations and on-site water system demands for the building and irrigation will be provided to SES by others. The size of the underground fire sprinkler system pipe and appurtenances will be provided to SES by the project fire sprinkle consultant. i) The boundary corners for the site have been established and monumented by others. SES will use record data for establishing the project boundary.
j) Dry utility coordination, design and plans will be prepared by others. k) Record information including maps, rough grading plans, and the improvement plans for the adjacent facilities are available to SES for use in preparing the base map design of the on-site improvements. l) The on-site water and sewer systems for this project will be designed as [private] systems.
m) Lot Line Adjustments will not be required to accommodate the proposed building/site layout.
n) Entitlements (site plan/ master plan/environmental) for the project will be the responsibility of others. SES is available to serve as technical support during this process under separate authorization on a time and materials (T&M) basis.
o) Archeology letter, if required for grading permit, will be provided by others.
p) The site is not located within the limits of a 100-year floodplain. q) Signage and striping will be designed by others.

Exclusions
Items not specifically identified in the scope of services sections of this proposal are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following:
aa) Engineering or Design for offsite improvements
bb) Agency Submittal Fees
cc) Retaining Wall Plans/Profiles
dd) Traffic Control Plans
ee) Traffic Studies
ff) Landscape, Lighting and Irrigation
gg) Fire Sprinkler Calculations and Design
hh) Dry Utility Design and Coordination
ii) Hydrant Flow Tests
jj) Electrical Plans for Gate and Key Pad
kk) Construction Staking Services
ll) Revisions to work completed or underway due to a
change in information or instruction provided to Saxon
Engineering Services by Client or Client’s consultant (s) revised Agency Policy.
mm) Soils Engineering
nn) Structural Design
oo) Bid & Construction Phase Services and Certifications pp) As-Built Drawings
qq) Construction Services

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Standard Provisions Of Agreement Between Client And
Consultant
Client and Consultant agree that the following provisions shall be part of this agreement:

1. Client and Consultant agree to cooperate with each other in order to fulfill their responsibilities and obligations under this agreement. Both Client and Consultant shall
endeavor to maintain good working relationships among
members of their project teams.

2. This agreement shall be binding upon the successors, assigns, heirs, executors and administrators of Client and Consultant.

3. This agreement shall not be assigned by either Client or Consultant without the prior written consent of the other.

4. This agreement contains the entire agreement between Client and Consultant relating to the project and the
provisions of services for the project. Any prior
agreements, promises, negotiations or representations not expressly set forth in this agreement are of no force or effect. Any subsequent modifications to this agreement
shall be in writing and signed by both Client and
Consultant.

5. Consultant’s or Client’s waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. Consultant’s or Client’s waiver of any breach of this agreement shall not constitute the
waiver of any other breach of the agreement.

6. If any term, condition or covenant of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement shall nevertheless remain valid and binding on Client and Consultant.

7. This agreement shall be governed by and construed in accordance with the laws of the State of California.

8. If the scope of services includes Consultant’s assistance in applying for governmental permits or approvals,
Consultant’s assistance shall not constitute a
representation, warranty or guarantee that such permits or approvals will be acted upon favorably by any
governmental agency.

9. Upon Consultant’s request, Client shall immediately
execute and deliver, or cause to be executed and delivered, such additional information, documents or money to pay
governmental fees and charges, which are necessary for
Consultant to perform its services pursuant to the terms of this agreement.

10. Client acknowledges that all reports, plans, specifications, field data and notes and other
documents, including all documents on electronic media, prepared by Consultant are instruments of service, and shall remain the property of Consultant and may be used by
Consultant without the consent of Client. Upon request and payment of all costs involved, Client is entitled to a copy of all final plans and specifications solely for use in connection with the project for which the plans and specifications have been prepared. Client acknowledges that its right to utilize final plans and specifications and the services of Consultant provided pursuant to this agreement will continue only so long as Client is not in default pursuant to the terms and conditions of this agreement, and Client has performed all its obligations under this agreement.

11. Client agrees not to use or permit any other person to use plans, specifications, drawings, cost estimates, reports or other documents prepared by Consultant which plans, specifications, drawings, cost estimates, reports or other documents are not final and which are not signed and stamped or sealed by Consultant. Client shall be responsible for any such use of nonfinal plans, specifications, drawings, cost estimates, reports or other documents not signed and stamped or sealed by
Consultant. Client hereby waives any claim for liability against Consultant for such use. Client further agrees that final plans, specifications, drawings, cost estimates, reports or other documents are for the exclusive use of Client and may be used by Client only for the project described in this agreement. Such final plans, specifications, drawings, cost estimates, reports or other documents may not be changed or used on a different project without prior written authorization or approval by Consultant. If signed check-prints are required to be submitted with a stamp or seal, they shall not be considered final for purposes of this paragraph.

12. In accepting and utilizing any drawings, reports and data on any form of electronic media generated and furnished by Consultant, Client covenants and agrees that all such electronic files are instruments of service of Consultant, who shall be deemed the author, and shall retain all common law, statutory law and other rights, including copyrights.

Client agrees not to reuse these electronic files, in whole or in part, for any purpose or project other than the project that is the subject of this agreement. Client agrees not to transfer these electronic files to others without the prior written consent of Consultant. Client further agrees to waive all claims against Consultant resulting in any way from (i) any unauthorized changes, or (ii) reuse of the electronic files by Client for any other project, or their use by anyone other than Client.

Client and Consultant agree that any electronic files furnished by either party shall conform to the CADD specifications listed in Exhibit “ “ attached hereto. Any changes to the CADD specifications by either Client or Consultant are subject to review and acceptance by the other party. Additional services by Consultant made necessary by changes to the CADD or
other software specifications shall be compensated as
additional services.

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Electronic files furnished by either party shall be subject to an acceptance period of fifteen (15) days, during which the receiving party agrees to perform appropriate
acceptance tests. The party furnishing the electronic file shall correct any discrepancies or errors detected and
reported within the acceptance period. After the
acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files.

Client is aware that differences may exist between the
electronic files delivered and the printed hard copy
construction documents. In the event of a conflict between the signed construction documents prepared by
Consultant and electronic files, the signed and stamped or sealed hard-copy construction documents shall govern.

In addition, Client agrees, to the fullest extent permitted by law, to indemnify, defend and hold Consultant, its
officers, directors, employees, agents and subconsultants harmless from and against all claims, liabilities, damages or costs, including reasonable attorneys’ fees and defense costs, arising from any changes made by anyone other
than Consultant or from any reuse of the electronic files, whether by Client or others, without the prior written
consent of Consultant.

Under no circumstances shall delivery of electronic files for use by Client be deemed a sale by Consultant, and
Consultant makes no warranties, either express or
implied, of merchantability and fitness for any particular purpose. In no event shall Consultant be liable for indirect or consequential damages as a result of Client’s use or reuse of the electronic files.

13. Consultant makes no representations concerning soils or geological conditions unless specifically included in
writing in this agreement, or by amendments to this
agreement, and shall not be responsible for any liability that may arise out of soils or geological conditions, or the making of or failure to make soils or geological surveys, subsurface soils or geological tests, or general soils or geological testing.

14. Client acknowledges Consultant has the right to complete all services agreed to be rendered pursuant to this
agreement. In the event this agreement is terminated
before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services
performed. In the event all or any portion of the services by Consultant are suspended, abandoned, or otherwise
terminated, Client shall pay Consultant all fees and
charges for services provided prior to termination, not to exceed the contract limits specified herein, if any. Client acknowledges that if the project services are suspended and restarted, there will be additional charges due to
suspension of the services which shall be paid for by
Client as extra services pursuant to paragraph 27. Client further acknowledges that if project services are
terminated for the convenience of Client, Consultant is entitled to reasonable termination costs and expenses, to be paid by Client as extra services pursuant to paragraph 27.

15. If the scope of services to be provided by Consultant pursuant to the terms of this agreement includes an ALTA survey, Client agrees that Consultant may sign one of the ALTA survey
statements attached to this agreement and incorporated herein by reference. In the event Consultant is required to sign a statement or certification which differs from the ALTA survey statements, Client hereby agrees to indemnify and hold
Consultant harmless from any and all liability arising from or resulting from the signing of any statement which differs from those survey statements attached to this agreement.

16. If the scope of services to be provided by Consultant pursuant to the terms of this agreement includes the preparation of grading plans but excludes construction staking services, Client acknowledges that such staking services normally include coordinating civil engineering services and the preparation of record drawings based upon information
provided by others, and Client will be required to retain such staking services from another consultant or pay Consultant pursuant to this agreement for such services as extra services in accordance with Paragraph 27.

17. If the scope of services contained in this agreement does not include construction-phase services for this project, Client acknowledges such construction-phase services will be
provided by Client or by others, and Client assumes all responsibility for interpretation of the contract documents, and for construction observation and supervision, and waives any claim against Consultant that may in any way be connected thereto. In addition, Client agrees to indemnify and hold Consultant harmless from any loss, claim, or cost, including reasonable attorneys’ fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising from the modification, clarification, interpretation, adjustments or changes made to the contract documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful misconduct of Consultant.

18. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code, or if an involuntary bankruptcy petition is filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable
provisions of the United States Bankruptcy Code and in
compliance with the final order or judgment issued by the Bankruptcy Court. If the suspension of performance of
Consultant’s obligation pursuant to this agreement continues for a period in excess of ninety (90) days, Consultant shall have the right to terminate all services pursuant to this agreement.

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19. This agreement shall not be construed to alter, affect or waive any design professional’s lien, mechanic’s lien or stop notice right which Consultant has for the
performance of its services pursuant to this agreement.

Client agrees to provide to Consultant the present name and address of the record owner of the property upon
which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders which may loan money on the project and
which are entitled to receive a preliminary notice.

20. If payment for Consultant’s services is to be made on behalf of Client by a third-party lender, Client agrees that Consultant shall not be required to indemnify the thirdparty lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services.

21. Consultant shall not be required to execute any documents subsequent to the signing of this agreement that in any way might, in the judgment of Consultant, increase
Consultant’s contractual or legal obligations or risks, or the availability or costs of Consultant’s professional or general liability insurance.

22. All fees and other charges due Consultant will be billed bi-weekly, and shall be due at the time of billing unless specified otherwise in this agreement. If Client fails to pay Consultant within thirty (30) days after invoices are
rendered, Consultant shall have the right in its sole
discretion to consider such default in payment a material breach of this entire agreement, and, upon written notice, Consultant’s duties obligations and responsibilities under this agreement may be suspended or terminated. In such
event, Client shall promptly pay Consultant for all
outstanding fees and charges due Consultant at the time of suspension or termination. If Consultant elects to suspend or terminate Consultant’s services pursuant to this
provision, Consultant is entitled to reasonable suspension or termination costs or expenses in addition to the then outstanding fees and charges due Consultant.

23. Client agrees that all billings from Consultant to Client are correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies,
discrepancies, or errors in billing.

24. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half percent (1 1/2%) per month, or a monthly charge not to exceed the maximum
legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing.

25. If Consultant, pursuant to this agreement, produces plans, specifications, or other documents and/or performs field services, and such plans, specifications, or other documents and/or field services are required by any governmental
agency, and such governmental agency changes its
ordinances, codes, policies, procedures or
requirements after the date of this agreement, any additional office or field services thereby required of Consultant shall be paid for by Client as extra services in accordance with Paragraph 27.

26. In the event Consultant’s fee schedule changes due to any increase of costs, such as the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or increase in the cost of living, during the lifetime of this agreement, a percentage increase shall be applied to all remaining fees and charges to reflect the increased costs.

27. Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with Consultant’s billing rates then in effect.

28. In the event that any staking or record monuments are destroyed, damaged or disturbed by an act of God or parties other than Consultant, the cost of restaking shall be paid for by Client as extra services in accordance with Paragraph 27.

29. Client acknowledges that the design services performed pursuant to this agreement are based upon field and other conditions existing at the time these services were performed.

Client further acknowledges that the field and other conditions may change by the time project construction occurs, and clarification, adjustments, modifications and other changes may be necessary to reflect changed field or other conditions. Such clarifications, adjustments, modifications and other changes shall be paid for by Client as extra services in accordance with Paragraph 27.

30. Client shall pay the costs of all checking and inspection fees, zoning and annexation application fees, assessment fees, soils or geotechnical engineering fees, soils or geotechnical testing fees, aerial topography fees, and all other fees, permits, bond premiums, applicable taxes on professional services, title company charges, blueprints and reproductions, and all other similar charges not specifically covered by the terms of this agreement.

31. Client acknowledges and agrees that if Consultant provides surveying services, which services require the filing of a Record of Survey in accordance with Business and Professions Code 8762, or a Corner Record pursuant to Business and Professions Code section 8773, all of the cost of preparation, examination and filing for the Record of Survey or Corner Record will be paid by Client as extra services in accordance with Paragraph

27. 32. Consultant is not responsible for delay caused by activities or factors beyond Consultant’s reasonable control, including, but not limited to, delays by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or promptly approve or disapprove of Consultant’s services or instruments of service, or faulty performance by Client, other contractors or governmental agencies. When such delays beyond

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Consultant’s reasonable control occur, Client agrees
Consultant shall not be responsible for damages resulting therefrom, nor shall Consultant be deemed to be in default of this agreement. Further, when such delays occur, Client agrees that, to the extent such delays cause Consultant to perform extra services, such services shall be paid for by Client as extra services in accordance with Paragraph 27.

33. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies,
including, but not limited to, permit processing,
environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or
consolidations, use or conditional use permits, project or plan approvals, and building permits. Client agrees that it is the responsibility of Client to maintain in good standing all governmental approvals or permits and to timely apply for any necessary extensions thereof.

34. If the scope of services requires Consultant to estimate quantities, such estimates are made on the basis of
Consultant’s experience and qualifications and represent Consultant’s best judgment as a professional generally
familiar with the industry. However, such estimates are only estimates and shall not constitute representations, warranties or guarantees of the quantities of the subject of the estimate. If the scope of services requires Consultant to provide its opinion of probable construction costs, such opinion is to be made on the basis of Consultant’s
experience and qualifications, and represents Consultant’s best judgment as to the probable construction costs.

However, since Consultant has no control over costs or
the price of labor, equipment or materials, or over the contractor’s method of pricing, such opinions of probable construction costs do not constitute representations,
warranties or guarantees of the accuracy of such opinions, as compared to bid or actual costs.

35. Estimates of land areas provided under this agreement are not intended to be, nor should they be considered to be, precise. The estimate will be performed pursuant to
generally accepted standards of professional practice in effect at the time of performance.

36. Client acknowledges that Consultant is not responsible for the performance of work by third parties, including, but not limited to, the construction contractor and its
subcontractors.

37. Consultant makes no warranty, either express or implied, as to its findings, recommendations, plans, specifications, or professional advice except that the services were
performed pursuant to generally accepted standards of
professional practice in effect at the time of performance.

38. In the event (1) Client agrees to, authorizes, or permits changes in the plans, specifications or documents
prepared by Consultant, which changes are not consented to in writing by Consultant, or (2) Client agrees to, authorizes or permits construction of unauthorized changes in the plans, specifications or documents prepared by Consultant, which changes are not consented to in writing by Consultant, or (3) Client does not follow recommendations prepared by
Consultant pursuant to this agreement, which changed
recommendations are not consented to in writing by Consultant:

Client acknowledges that the unauthorized changes and their effects are not the responsibility of Consultant and Client agrees to release Consultant from any and all liability arising from the use of such changes, and further agrees to indemnify, defend and hold Consultant, its officers, directors, agents, employees and subconsultants harmless from and against all claims, demands, damages or costs, including attorneys’ fees, arising from the unauthorized changes.

39. Client agrees that, in accordance with generally accepted construction practices, the construction contractor and construction subcontractors will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours. Neither the professional activities of Consultant nor the presence of Consultant or its employees or subconsultants at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities, including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory agency or of federal or state law.

40. Client agrees to require its contractor and subcontractors to review the plans, specifications and documents prepared by Consultant prior to the commencement of construction-phase work. It the contractor and/or subcontractors determine there are any deficiencies, conflicts, errors, omissions, code violations, improper uses of materials, or other deficiencies in the plans, specifications and documents prepared by Consultant,
contractors and subcontractors shall notify Client so that those deficiencies may be corrected by Consultant prior to the commencement of construction-phase work.

41. If during the construction phase of the project Client discovers or becomes aware of changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant, Client agrees to notify Consultant and retain Consultant to prepare the necessary changes or modifications before construction activities proceed. Further, Client agrees to require a provision in its construction contracts for the project which requires the contractor to promptly notify Client of any changed field or other conditions so that Client may in turn notify Consultant pursuant to the provisions of this paragraph.

Any extra work performed by Consultant pursuant to this paragraph shall be paid for as extra services pursuant to Paragraph 27.

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42. Client agrees to limit the liability of Consultant, its principals, employees and subconsultants to Client and to all contractors and subcontractors on the project, for any claim or action arising in tort, contract, or strict liability, to the sum of $50,000 or Consultant’s fee, whichever is greater. Client and Consultant acknowledge that this
provision was expressly negotiated and agreed upon.

43. Client agrees to purchase and maintain, or cause
Contractor to purchase and maintain, during the course of construction, builder’s risk “all risk” insurance which will name Consultant as an additional named insured, as its
interest may appear.

44. Client acknowledges that Consultant’s scope of services for this project does not include any services related in any way to asbestos and/or hazardous or toxic materials.

Should Consultant or any other party encounter such
materials on the job site, or should it in any other way become known that such materials are present or may be
present on the job site or any adjacent or nearby areas which may affect Consultant’s services, Consultant may, at its option, suspend or terminate work on the project until such time as Client retains a qualified contractor to abate and/or remove the asbestos and/or hazardous or
toxic materials and warrant that the job site is free from any hazard which may result from the existence of such
materials.

45. Client hereby agrees to bring no cause of action on any basis whatsoever against Consultant, its officers and
directors, principals, employees, agents and
subconsultants if such claim or cause of action in any way would involve Consultant’s services for the investigation, detection, abatement, replacement, use or specification, or removal of products, materials or processes containing
asbestos, asbestos cement pipe, and/or any hazardous or toxic materials. Client further agrees to indemnify, defend and hold Consultant, its officers, directors, principals, employees and subconsultants harmless from and against
any asbestos and/or hazardous or toxic material related claims that may be brought by third parties as a result of the services provided by Consultant pursuant to this
agreement, except claims caused by the sole negligence or willful misconduct of Consultant.

46. In the event of any litigation arising from or related to the services provided under this agreement, the prevailing
party will be entitled to recovery of all reasonable costs incurred, including court costs, attorneys’ fees, staff time, fees of experts, and all other related expenses.

47. Client agrees that in the event Consultant institutes litigation to enforce or interpret the provisions of this agreement, such litigation is to be brought and adjudicated in the appropriate court in the county in which Consultant’s place of business is located, and Client waives the right to bring, try or remove such litigation to any other county or judicial district.

48. (a) Except as provided in Subdivisions (b) and (c) below, in an effort to resolve any conflicts that arise during the design or construction of the project or following completion of the project, Client and Consultant agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation, unless the parties mutually agree otherwise.

Client and Consultant further agree to include a similar mediation provision in all agreements with independent
contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. (b) Subdivision (a) shall not preclude or limit Consultant’s right to file a legal action for the collection of fees. (c) Subdivision (a) shall not preclude or limit Consultant’s right to perfect or enforce applicable mechanic’s lien or stop notice remedies.

49. (a) Except as provided in Subdivisions (b) and (c) below, in the event the parties to this agreement are unable to reach a mediated resolution of any dispute arising out of the services rendered pursuant to this agreement, in accordance with the provisions of Paragraph 48 above, then, unless the parties mutually agree otherwise, such disputes shall be settled by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. (b) Subdivision (a) shall not preclude or limit Consultant’s right to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court. (c) Subdivision (a) shall not preclude or limit Consultant’s right to perfect or enforce applicable mechanic’s lien or stop notice remedies

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Payment of all government fees and posting of the agency-required bonds will be the responsibility of the client.

Items of work identified in the Scope of Services as “T&M”, and additional work outside the Scope of Services (as authorized by the client in writing), will be performed on a Time and Materials basis at our current hourly rates as follows:

Administrative Staff $ 70/hr.

Technical Staff $135/hr.

Principal Engineer $175/hr.

Sr. Project Manager $185/hr.

President $235/hr.

Office Calculations . $112/hr.

Field Survey (2-man Crew) $240/hr.

Field Survey (3-man Crew) $270/hr.

Prior to starting work, we will need copies of the project plans in digital format and hardcopies, landscape plans, soils report, and any design input you may have that will affect the project.

Invoicing will be billed out once a month, based upon the percentage of work completed.

All invoices are due upon receipt and payable within 30 days of the date of the invoice.

This proposal is valid for 60 days from date of the proposal. If this proposal and the incorporated Standard Provisions of Agreement are acceptable, please sign and return.

If you have any questions or would like to discuss this proposal further, please give me a call at your earliest convenience. We appreciate this opportunity to be of service and look forward to working with you on this project.

Sincerely, Approved and Accepted
Saxon Engineering Services, Inc. City of Desert Hot Springs, Kurt M. Saxon, P.E.

Date: 12/29/2025
President, RCE # 44180
2025-111
Commercial
By:_
Print Name: Tim Jonasson or Daniel Porras
Date:

Title: Consultant City Engineer and
Deputy City Manager/City Engineer (Respectively)

END OF SCOPE OF SERVICES

SR-26-014
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
Department: Public Works
Prepared by: Daniel Porras, Deputy City Manager
Subject: Second Amendment to Inspection Services Hacienda Avenue Street Improvement Project 3003
RECOMMENDATION:

Authorize the City Manager to draft and execute the Second 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, a new bike lane, a new parkway with landscaping, 39 new street lights, new ADA ramps, and new striped crosswalks. These improvements will provide safer pedestrian and bicycle access routes 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 and 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 $124,000.00 for As-Needed Inspection Services.

SR-26-014
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.

On October 7, 2025, the City Council authorized 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.

DISCUSSION:

The Hacienda Avenue Street Improvement Project is currently under construction, the contractor has completed the demolition of improvements, installation of new curb and gutters, sidewalks, ADA driveways, installation of electrical conduits for streetlights, and partial completion of landscaping. The contractor will then complete the installation of streetlights, pavement rehabilitation of Hacienda Avenue, and new striping and signage.

Although the project completion date is still March 2026, the as-needed inspection services has increased and therefore a Second Amendment to the Professional Services Agreement is required.

The proposed Second Amendment to the Professional Services Agreement is an increase of $54,850.00 to the total contract amount, increasing the amended contract amount from $163,480.00 to $218,330.00. This contract is for As-Needed services for as-needed inspections hours. 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 $124,000.00 for As-Needed Inspection Services.

The First Amendment to the Professional Services Agreement increased the total line item budget amount of $124,000.00 to a new total line item budget amount of $163,480.00.

The Second amendment to the Professional Services Agreement increased the total line item budget amount of $163,480.00 to a new total line item budget amount of $218,330.00.

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) Second Amendment to Omnis

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
OMNIS, INC.

THIS SECOND 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 20th day of January 20, 2026, 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 “Consultant,” with the City and Consultant sometimes together referred to herein as the “Parties.”

RECITALS
WHEREAS, on March 18, 2025, the Parties 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 Consultant, for inspection services for Capital Improvement Project on Hacienda Ave, Project No. 3000; and
WHEREAS, on October 7, 2025, the City Council authorized 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;and
WHEREAS, the Parties desire to further amend the Agreement by approving Change Order No. 2 to authorize up to an additional four hundred (400) hours of inspection services to address part-time inspection needs for the project during calendar year 2026; and
WHEREAS, the Parties desire to further amend the Agreement to increase the total not-to-exceed compensation under the Agreement by Fifty-Four Thousand Eight Hundred Fifty Dollars ($54,850.00).

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.

Commented [CN1]: Please confirm.. I pulled this from the staff report but it may be a typo? The March 18, 2025 agreement references a project No. 3000

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

1. Section 2. Scope of Services is hereby amended to add the following:

Change Order No. 2, dated December 4, 2025, which is attached hereto as Exhibit A-1 and incorporated herein by this reference. Change Order No. 2 amends and supplements the Scope of Services set forth in the Agreement.

2. Section 4. Compensation shall read as follows:

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 Two Hundred Eighteen Thousand Three Hundred Thirty Dollars ($218,330).

3. Exhibit A to the Agreement is hereby amended to include the following additional exhibit:

Exhibit A-1: Change Order No. 2, dated December 4, 2025.

Section 4. COUNTERPARTS
This Second 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 Second Amendment and the Agreement, the terms of this Second 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]

IN WITNESS WHEREOF, the Parties hereto have caused this Second 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.

________________________________
John Gabor, PE, Project Manager

SR-26-015
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
Department: Public Works
Prepared by: Daniel Porras, Deputy City Manager
Subject: Inspection Services for the Eagles Sports Park Street Improvements Project 4020
RECOMMENDATION:

Authorize the City Manager to draft and execute the Professional Services Agreement for Inspection Services for the Eagles Sports Park Street Improvements Project, City Project No. 4020, to Omnis Incorporated, in an amount not to exceed $114,750.00 with a 10% contingency of $11,475.00 bringing the total amount to $126,225.00.

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). 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 oncall engineering professional services contract.

DISCUSSION:

On October 7, 2025, the City Council awarded the construction agreement for the Eagles Sports Park Street Improvements Project, City Project No. 4020, to the lowest responsive qualified bidder Onyx Paving Company, Inc, in an amount not to exceed $1,617,000.00, and approved a total project budget in an amount of $1,848,700.00. This total budget amount included an estimated $50,000 for As-needed Inspection Services.

In order to move the project through construction with inspections services, quality assurance, and quality control, the City requested a proposal from Omnis Incorporated for as-needed inspection services for this project. Omnis Inc. is currently providing inspection services for the Hacienda Ave Street Improvement Project and has provided Capital Improvement Project Inspection Services to the City for over 7 years, including Palm Drive Street Improvement Projects, the Changeable Message Signs projects, and the HSIP Traffic Signal Improvement Projects. Omnis Inc. Staff understands all of the City needs and requirements and has successfully provided inspections services for all projects, with no complaints. This project specifically involves construction along Hacienda Avenue and will

SR-26-015
require working with multiple contractors and engineers in resolving any field issues during construction.

The City’s Municipal Code 3.44.180 allows for “…the selection of professional services …to be based on demonstrated competence and professional qualifications necessary for satisfactory performance of services required, as so determined by the Department Head. An RFP is not required. The emphasis for selection is therefore based upon qualifications, rather than the lowest price…” In this case Omnis Incorporated has demonstrated the specific qualification to perform inspection services for this project.

Staff is recommending that City Council authorize the City Manager to execute the Professional Services Agreement for Inspection Services for the the Eagles Sports Park Street Improvements Project, City Project No. 4020, to Omnis Incorporated, in an amount not to exceed $114,750.00 with a 10% contingency of $11,475.00 bringing the total amount to $126,225.00.

FISCAL IMPACT:

On October 7, 2025, the City Council awarded the construction agreement for the Eagles Sports Park Street Improvements Project, City Project No. 4020, to the lowest responsive qualified bidder Onyx Paving Company, Inc, in an amount not to exceed $1,617,000.00, and approved a total project budget in an amount of $1,848,700.00.

This total budget amount included an estimated $50,000 for As-needed Inspection Services.

The total cost for As-needed Inspection Services is $114,750.00, therefore an increase in DIF Streets of $64,750.00 in the total budget will be needed to cover the As-needed Inspection Services 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 planning for long-term growth and development.

ATTACHMENTS:
1) Professional Services Agreement - Omnis Incorporated - DRAFT 2) Proposal - Omnis - Eagles Sports Park Street Improvement Inspections 3) Staff Report - SR-25-232

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND

OMNIS INCORPORATED
This Professional Services Agreement (“Agreement”) is made and entered into this 20th day of January, 2026, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and Omnis Incorporated, a corporation, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent consultant, to provide the City with inspection services for the Eagles Sports Park Street Improvement Project (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated by reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

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

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede. Except where this Agreement specifically provides otherwise, the Consultant is responsible for providing any and all facilities, assets, and resources (including personnel, facilities, equipment, and software) necessary and appropriate for delivery of the Services and to meet the Consultant's obligations under this Agreement. Any City assets to which access is being provided for

use by the Consultant (including equipment, software licenses and third party service contracts) are provided on an “as is, where is” basis, and the City does not provide the Consultant any representations or warranties regarding such assets.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall remain in force and effect until project completion, in accordance with Section 7 of this Agreement, subject to the allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay 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 Fourteen, Seven Hundred Fifty Dollars and Zero Cents ($114,750.00)
Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:

Daniel Porras, Deputy City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411 x109
E-Mail: [email protected]
Section 6. EXTRA WORK

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

Section 7. TERMINATION
This Agreement may be terminated by the City Manager, in his/her sole discretion, immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party.

Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination and is not otherwise in breach of this Agreement. For clarification, the City Manager in his/her sole discretion shall have the power to terminate this Agreement with or without cause in accordance with this Section.

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

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

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

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

Section 11. INDEPENDENT CONSULTANT’S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent consultant and shall perform the services described in this Agreement as an independent consultant and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent consultants. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Consultant shall be entirely responsible for the compensation and control of any assistants, employees, and subcontractors used by Consultant in providing said services. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and

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

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

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

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

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

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

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

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

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

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

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

Section 17. INDEMNIFICATION

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

Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employers’ Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one

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

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

The City Manager may condition approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and

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

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that coverage is provided in conformity with the requirements of this Section.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement has been eliminated. g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by it or any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors. h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.

Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United

States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: Daniel Porras, Deputy City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411 x109
E-Mail: [email protected]
To Consultant: John Gabor, PE, Project Manager
Omnis, Incorporated
981 West Arrow Highway #248
San Dimas, CA 91773
Telephone: (909) 631-8335
E-Mail: [email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

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

breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

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

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

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

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the advance written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all

acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

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

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

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

Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. In no instance shall the award of costs and expenses under this section exceed the actual costs and expenses of the City.

Section 29. EXECUTION IN COUNTERPARTS

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

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

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

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

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

Section 33. PRINCIPAL REPRESENTATIVES
a. John Gabor, shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of

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

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

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

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

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

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

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

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

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

Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

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

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

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

Section 45. USE OF RECYCLED PRODUCTS

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

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

CITY OF DESERT HOT SPRINGS
_____________________________
Daniel Porras, Deputy City Manager
_____________________________
Doria Willms, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Tuan-Anh Vu, City Attorney

OMNIS INCORPORATED
_____________________________
John Gabor, PE, Project Manager
N:\DHSO\0001-01 General\Doc\6051

EXHIBIT “A”

SCOPE OF SERVICES
Proposal Dated September 30, 2025

Civil Engineering Design
Infrastructure Management
GIS Mapping & Data Systems
981 W. Arrow Hwy. #248, San Dimas, CA 91773 Phone: 909-631-8335 September 30, 2025
Daniel Porras
City of Desert Hot Springs
65-950 Pierson Boulevard
Desert Hot Springs, CA 92240
Subject: Proposal to Provide Public Works Inspection Services - Eagles Sports Park Street Improvements
Dear Mr. Porras:

Omnis Incorporated is pleased to present this proposal for public works inspection.

Experienced Design Team. Our staff team has extensive experience in the design and construction oversight of street improvements for public agencies. Omnis Incorporated staff has successfully completed the design of numerous Capital Improvement Projects for several cities throughout Coachella Valley, including Desert Hot Springs. Omnis’ staff has intimate knowledge of the City’s infrastructure and a close working relationship with City staff.

Omnis will Meet the City’s Schedule. Omnis has the resources available in-house to have a qualified construction inspector committed to your projects.

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

981 W. Arrow Hwy. #248, San Dimas, CA 91773 Phone: 909-631-8335

PROJECT UNDERSTANDING AND APPROACH
The City is seeking a full-time public works inspector services to oversee the construction of the capital improvement project Eagles Sports Park Street Improvements. This project is the inspection of varying improvements on Hacienda Avenue from Brittany Drive to West Drive, Cholla Drive from Hacienda Avenue to Flora Avenue, and Flora Avenue from Cholla Drive to existing improvements approximately 685’ westerly. The project includes pavement width transitions, curb and gutter, sidewalk, pavement improvements, and utility relocations. More specifically, the City requires the following scope of services:
□ Attend project meetings and maintain backup documentation for the City’s Project Manager to review.
□ Be present at the pre-construction meeting and progress meetings. □ Provide the City an invoice that details daily time sheets for services completed on a monthly basis.
□ Maintain all required local, state and federal records throughout the project duration and submit copies to the City’s Project Manager.
□ Inspect daily activities to verify the contractor is constructing the project according to the plans, specifications, and other applicable codes.
□ Review contractor’s traffic control plan and recommend amendments or acceptance.

There are roadway width transitions that need to be inspected during construction of capital improvements until the final signs and striping is in place. □ Review contractor’s Storm Water Pollution Prevention Plan and dust control plan and recommend amendments or approval.
□ Review the pedestrian and ADA paths of travel through the project and recommend alternatives and/or adjustments. There are 90+ residential properties that are affected by this project.
□ Review asphalt concrete pavement mix design and other material submittals. □ Monitor construction for public safety and report any discovered deficiencies to the City’s Project Manager.
□ Coordinate with and schedule the City’s soils engineer for material testing. □ Coordinate with utility agencies with effected assets within the project including SCE, MSWD, Dig-Alert and the City.
□ Maintain a marked up set of plans for as-built drawings to be filed with the City. □ Meet with the contractor, sub-contractor, and/or utility inspector/representative daily to review proposed work that may affect progress. There will be sub-contractors involved.

Coordination will be maintained between the inspector, main contractor, and subcontractor. □ Prepare punch list at substantial completion and follow up. □ Recommend and schedule with the City for final inspection. □ Upon project completion, provide complete project workbook to the City. □ Prepare and submit a Daily Report with quantities and photos to the City.

981 W. Arrow Hwy. #248, San Dimas, CA 91773 Phone: 909-631-8335 Hacienda Avenue – West Drive to Brittany Drive
This segment of the project is asphalt improvements and new curb and gutter with sidewalk on the north side of the roadway from Brittany Drive to Cholla Drive and new curb, gutter, and sidewalk on both sides of the roadway from Cholla Drive to West Drive. It will be very important to maintain communication with the homeowners/residents, especially those involved in replacements. There is multiple commercial driveway approaches into the newly designed Sports Park.

Cholla Drive – Flora Avenue to Hacienda Avenue
This segment includes asphalt improvements and new curb and gutter with sidewalk on the east side of the roadway from Flora Avenue to Hacienda Avenue. The improvements include one commercial driveway approach into the Sports Park. The inspector will coordinate and schedule with Utility agencies when their facilities are being raised.

Flora Avenue – Cholla Drive to Existing Improvements 685’ Westerly This segment includes asphalt improvements and new curb and gutter with sidewalk on the south side of the roadway from Cholla Drive to existing improvements 685’ westerly. The improvements include one commercial driveway approach into the future City Corp Yard. The inspector will coordinate and schedule with Utility agencies when their facilities are being raised.

We propose to complete the above scope of services utilizing a full-time inspector on site (8 hours per day, 5 days per week) with part-time administrative support from our office to prepare certified payroll documentation and compile daily diaries for invoicing, and part-time management support from our office to assist the City in resolving conflicts and technical issues that may occur during construction.

981 W. Arrow Hwy. #248, San Dimas, CA 91773 Phone: 909-631-8335

STAFFING
City of Desert
Hot Springs
John Gabor
Project
Manager
Jacob Goldenberg
Field
Inspector
Jon Manikan
Field
Inspector
Jennifer Rodriguez
Data
Specialist
Noel Zemla
Project
Engineer

981 W. Arrow Hwy. #248, San Dimas, CA 91773 Phone: 909-631-8335

FEE PROPOSAL
Omnis Incorporated will provide our construction inspector for a fixed hourly rate of $105 per hour for all standard straight-time inspection work. Per the regulations of the California Labor Code, a workday is defined as eight (8) consecutive hours of work, exclusive of meal period, between 6AM and 5PM.

An overtime rate of $135 per hour will be invoiced for all inspection work required before 6AM or after 5PM; all inspection work required in excess of eight (8) consecutive hours of work, exclusive of meal period; and all inspection work required on Saturdays, Sundays, and legal holidays. Omnis will notify the City of any overtime requested by the Contractor. It is required that all overtime schedules be approved by the City before work is to commence. The Contractor must have an inspector on-site whenever work is being conducted. It will be important to review outside events that may be occurring within the City.

Our billing rates include all indirect costs such as reproduction, mileage, equipment, etc. and we have no anticipated reimbursable expenses. Management, administrative, and engineering support will be provided and invoiced at our normal rates on an hourly, as-needed basis. There is not a current schedule for the project. Omnis is projecting the schedule to be 5 working days a week over a 4-5 month period. The fee proposal is for a sixteen (24) week period and is renewable by the City with up to eight hundred fifty (850) hours available for inspection.

981 W. Arrow Hwy. #248, San Dimas, CA 91773 Phone: 909-631-8335 Not-to-Exceed
Proposed Staffing Hours Rate ($/hour) Extended

Construction Inspection 850 $105 $89,250
Project Manager 150 $130 $19,500
Administrative 100 $60 $6,000

Total Not-to-Exceed Fee = $114,750

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

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

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

SR-26-018
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
Department: Public Works
Prepared by: Daniel Porras, Deputy City Manager
Subject: Construction Management Services for the Eagles Sports Park Project 4000 RECOMMENDATION:

Authorize the City Manager to execute the Professional Services Agreement for Construction Management and Inspections Services for the Eagles Sports Park Project, City Project No. 4000, to NV5, Inc. in an amount not to exceed $265,016.00 with a 10% contingency of $26,501.60 bringing the total amount to $291,517.60.

BACKGROUND:

The Eagles Sports Park Project (formerly Corporate Yard Park) includes constructing the sports park, football and baseball fields, playground area, shade structures, landscape, grading, asphalt, concrete, decomposed granite, storm drain, water, sewer, electrical, striping, restroom/concession building, storage buildings, fencing, signing and striping improvements. The improvements were designed by Hermann Design Group landscape architect professional services contract.

On December 9, 2025, the City Council awarded the construction agreement for the Eagles Sports Park Project, City Project No. 4000, to the lowest responsive qualified bidder Three Peaks Corp. in an amount not to exceed $8,560,000.00, and approved a total project budget in an amount of $8,988,000.00.

DISCUSSION:

The Eagles Sports Park Project is a large project with multiple trades such as grading, storm drain, utilities, building construction, fencing, landscaping, paving, and more. In order to move the project through construction and properly administer all of the construction needs, Staff is recommending the assistance of a Construction Management Team. The City requested proposals from consultant firms and evaluated them independently. After the evaluation NV5, Inc. was selected as the highest qualified consultant firm for this project. NV5, Inc. currently provides As-Needed Construction Management Services for the Reflection Park Project, Wardman Park Shade Structures Project, and the John H. Furbee Aquatic Center Project. NV5, Inc. Staff understands all of the City needs and requirements and has successfully provided construction management services for all projects, with no complaints. This project specifically involves coordination with multiple contractors, engineers, and City Staff which NV5 has the qualifications to handle.

The City’s Municipal Code 3.44.180 allows for “…the selection of professional services …to be based on demonstrated competence and professional qualifications necessary for satisfactory performance

SR-26-018
of services required, as so determined by the Department Head. An RFP is not required. The emphasis for selection is therefore based upon qualifications, rather than the lowest price…” In this case NV5, Inc. has demonstrated the specific qualifications to perform inspection services for this project.

Staff is recommending that City Council Authorize the City Manager to execute the Professional Services Agreement for Construction Management and Inspections Services for the Eagles Sports Park Project, City Project No. 4000, to NV5, Inc. in an amount not to exceed $265,016.00 with a 10% contingency of $26,501.60 bringing the total amount to $291,517.60.

FISCAL IMPACT:

On December 9, 2025, the City Council awarded the construction agreement for the Eagles Sports Park Project, City Project No. 4000, to the lowest responsive qualified bidder Three Peaks Corp. in an amount not to exceed $8,560,000.00, and approved a total project budget in an amount of $8,988,000.00.

The total cost for As-Needed Inspection Services is $265,016.00, therefore an increase in DIF Streets of $265,016.00 in the total budget will be needed to cover the As-Needed Inspection Services ATTACHMENTS:
1) PSA - NV5 Construction Management - Eagles Sports Park 2) NV5 CM & Inspection Proposal for Eagles Sports Park

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PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
NV5, INC.

This Professional Services Agreement (“Agreement”) is made and entered into this 20th day of January, 2026, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and NV5, Inc., a corporation, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent Consultant, to provide the City with Construction Management and Inspection Services for Eagles Sports Park Project (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated by reference as the “Scope of Services”; and WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

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

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede. Except where this Agreement specifically provides otherwise, the Consultant is responsible for providing any and all facilities, assets, and resources (including personnel, facilities, equipment, and software) necessary and appropriate for delivery of the Services and to meet the Consultant's

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obligations under this Agreement. Any City assets to which access is being provided for use by the Consultant (including equipment, software licenses and third-party service contracts) are provided on an “as is, where is” basis, and the City does not provide the Consultant any representations or warranties regarding such assets.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall remain in force and effect until Project Completion, in accordance with Section 7 of this Agreement, subject to the allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, Two Hundred Sixty-two Thousand Sisteen Dollars and Zero Cents ($262,016.00) in accordance with the Cost Proposal contained in the Scope of Services.

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

Daniel Porras, Deputy City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411 x109
E-mail: [email protected]

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

Section 7. TERMINATION
This Agreement may be terminated by the City Manager, in his/her sole discretion, immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party.

Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination and is not otherwise in breach of this Agreement. For clarification, the City Manager in his/her sole discretion shall have the power to terminate this Agreement with or without cause in accordance with this Section.

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

Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this

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Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Consultant will make all reasonable efforts to keep such information confidential and to limit access only to those who require it for performance, Nothing furnished to Consultant that is otherwise known to Consultant, is generally known in the industry, or has become known to the related industry shall be deemed confidential.

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

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

Section 11. INDEPENDENT CONSULTANT’S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent Consultant and shall perform the services described in this

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Agreement as an independent Consultant and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent Consultants. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Consultant shall be entirely responsible for the compensation and control of any assistants, employees, and subconsultants used by Consultant in providing said services. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

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

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

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

Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims 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.”

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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 Consultants.

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

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

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

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

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d. Consultant represents that it and all of its subconsultants, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

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

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

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e. If Consultant should subcontract all or any portion of the work to be performed under this Contract, Consultant shall require each subconsultant to indemnify, hold harmless and defend City and each of its officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. f. This Section shall survive termination or expiration of this Agreement.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employers’ Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident and for Employers’ Liability Insurance in amounts not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. In addition, Consultant shall require each subconsultant to similarly maintain Worker’s Compensation Insurance and Employers’ Liability Insurance in accordance with the laws of the State of California for all of the subconsultant’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subconsultants and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Consultant shall provide insurance on an occurrence, not claims-made basis. Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.

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(3) Automobile Liability Coverage. Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Consultant shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Consultant were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subconsultants, or sub-Consultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing an A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents.

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(5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Consultant may either reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers.

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

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that coverage is provided in conformity with the requirements of this Section.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement has been eliminated. g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is

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maintained by it or any subconsultants or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent Consultants. h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.

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

To the City: Daniel Porras, Deputy City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: 760-329-6411 x109
Email: [email protected]
To Consultant: Jeffrey M. Cooper, Senior Vice President NV5, Inc.
42-829 Cook Street, Suite 104
Palm Desert, CA 92211
Telephone: 760-341-3101
E-Mail: [email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15)

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

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

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this

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Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

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

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

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

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

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affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

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

Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. In no instance shall the award of costs and expenses under this section exceed the actual costs and expenses of the City.

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

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

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

Section 31. EQUAL OPPORTUNITY EMPLOYMENT

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

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

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

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

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

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

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

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

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

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

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

-19-
Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

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

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

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

Section 45. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

-20-
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
_____________________________
Daniel Porras, Deputy City Manager
_____________________________
Doria Wilms, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer Mizrahi, City Attorney
NV5, INC.
________________________________
Jeff M. Cooper, Senior Vice President
N:\DHSO\0001-01 General\Doc\6051

-21-
EXHIBIT “A”

SCOPE OF SERVICES
Proposal Dated January 14, 2026

42829 Cook Street, Ste. 104 | Palm Desert, CA 92211 | www.NV5.com | Office 760.341.3101 January 14, 2026
Daniel Porras, PE, Deputy City Manager/City Engineer
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Subject: Construction Management and Inspection Services for Eagles Sports Park Project Dear Mr. Porras,
NV5 understands that the City of Desert Hot Springs (City) is seeking construction management and inspection services for the Eagles Sports Park Project, City Project No. 4000. The Eagles Sports Park is a major public recreational facility intended to serve the community through the development of organized sports fields, park amenities, and supporting infrastructure. The project is designed to provide a safe, functional, and accessible environment for athletic programs, community gatherings, and public use.

PROJECT UNDERSTANDING
The Eagles Sports Park Project is a large-scale public works project intended to construct a new multiuse sports park facility that will serve the recreational needs of the community. Additionally, NV5 understands that the City has a separate project going on for the street improvements around this facility. NV5 will work closely with both contractors to get ahead of any conflicts between the street and on-site improvements.

The project consists of the construction of football and baseball fields, playground areas, shade structures, and site amenities, as well as extensive grading and earthwork operations. Work also includes the installation of asphalt paving, concrete flatwork, curbs, sidewalks, decomposed granite surfaces, fencing, striping, signage, and accessibility improvements. Underground and utility work includes storm drain facilities, domestic water, sewer improvements, irrigation systems, and associated appurtenances.

Additional improvements include the construction of restroom and concession facilities, storage buildings, a prefabricated metal building, retaining walls, seat walls, garden walls, bleacher pads and seating, sports lighting systems (MUSCO), site and parking lot lighting, electrical infrastructure, and landscape improvements with a required maintenance period. The project further includes the installation of athletic equipment, scoreboards, netting systems, shade structures, playground equipment, and various park furnishings.

NV5 understands that the project includes requirements related to environmental compliance, including erosion control, dust control (PM-10), stormwater pollution prevention measures, and implementation of Best Management Practices (BMPs), as specified in the contract documents.

On November 24, 2025, City staff received and publicly opened seven (7) bid packages for the Eagles Sports Park Project. Based on the bid results, Three Peaks Corp. was identified as the lowest apparent bidder with a total bid amount of $8,560,000.

At the December 9, 2025, City Council meeting, the City Council approved the staff recommendation to award the construction contract to the lowest responsible bidder, Three Peaks Corp., and authorized the City Manager to draft and execute the construction agreement for the Eagles Sports Park Project in an

January 14, 2026

amount not to exceed $8,560,000, with a 5% contingency of $428,000, for a total contract amount of $8,988,000. The City Council also approved a total project budget of $8,988,000, which includes construction management, inspection, and materials testing services.

NV5 understands that the project is funded through multiple funding sources, as summarized in the table below.

Funding Source Amount
Quimby Fund $1,500,000.00
Parks DIF $688,000.00
General Facilities DIF $800,000.00
Capital Improvement Program (CIP) Funding $500,000.00
CFD Fund 501 $500,000.00
CLEAN Grant $5,000,000.00
Total Project Budget $8,988,000.00

SCOPE OF WORK
NV5’s role for the Eagles Sports Park Project will be to provide construction management and inspection services throughout the construction phase to support the City in monitoring contractor performance, progress, documentation, and conformance with the approved plans, specifications, and contract requirements.

1. PRECONSTRUCTION PHASE

1.1.Kickoff meeting (preconstruction meeting). NV5 understands that the preconstruction meeting for the project is scheduled for 10 a.m. on January 20, 2026.

1.2.Submittal Review & RFI Processing. NV5 will receive, log, track, and process the Contractor’s submittals and Requests for Information (RFIs) and route them to the Engineer-of-Record or other applicable reviewing party, including the City, as required by the contract documents.

NV5 will monitor the status of submittals and RFIs to support timely reviews and responses and will maintain accurate records of all project documentation throughout the construction process.

1.3.Meetings. NV5 will conduct regular weekly construction meetings throughout the duration of construction, which may be held virtually. On-site meetings will be conducted as needed for critical issues or items requiring field observation. NV5 can be available within 24 hours’ notice for critical in-person meetings to resolve issues as they arise.

2. CONSTRUCTION PHASE

2.1.CMIS. Our web-based CMIS platform is custom-designed to provide the Construction

January 14, 2026

Manager and Field Inspector with the capability to manage project information efficiently and effectively while maintaining full transparency with the City and the Design Engineer during construction. CMIS is provided at no cost to the City.

2.2.Change orders reviews, negotiations and final documentation (up to 5 change orders). NV5 will evaluate the potential request for change orders, participating in the negotiations and preparing the final documents for approval. Five (5) change orders are included in the proposal. Additional change orders will be processed at our hourly rates, which are included in our 2026 rate sheet as an attachment.

2.3.Monitoring contractor performance and schedule. NV5 will carefully monitor the Contractor’s progress for the conformance to the Contractor’s critical path baseline schedule, and issues placing the project in jeopardy of not finishing will be brought to the City’s and Contractor’s attention so that the Contractor can make early and necessary corrections to get the project back on schedule. NV5 will coordinate with the City any variance of actual schedule, cost and budget.

2.4.Documenting deficiencies (materials, workmanship, SWPPPs, safety) and their resolution (up to 1 deficiencies). Our Construction Manager will document the potential deficiencies observed by the Field Inspector retained by the City, addressing the problem and issuing the formal letter of deficiency to the Contractor. In our proposal, we included up to one (1) deficiency. Additionally, we will provide QSD/QSP services to assure compliance with stormwater regulations and proper implementation of SWPPP measures as needed throughout the project.

2.5.Progress monthly payments and final payment. NV5’s Construction Manager will evaluate the Contractor's request for payment based on the progress made on a project, on a monthly basis. Our PM will verify that the claimed progress aligns with the actual work completed onsite, to confirm that the performance is satisfactory before approving payments, assure compliance with the terms and conditions of the contract, and manage financial risk by holding back a percentage of payment (retainage) until final completion.

2.6.Providing regular progress reports to the City. Our progress reports will provide a summary of work completed since the last report, including a percentage complete, recent milestones, and any major changes or delays.

2.7.Inspection. NV5’s Inspector will provide part-time, on-site inspection services for a duration of up to one year, with a maximum of 1,040 inspection hours.

2.8.Final Walk-through and punch list. A final visit to identify any remaining issues or defects that need to be addressed before project completion. During that visit, the Construction Manager/Field Inspector will generate a detailed list of items that need to be fixed or completed before the project is considered finished, establishing a deadline date for its total completion.

2.9.Funding Documentation: NV5 will work with the Contractor to gather supporting documentation for the City to submit for required funding reimbursements. NV5 will also work with the Contractor to assure that required payroll documentation is uploaded to the

January 14, 2026

Department of Industrial Relations (DIR) for labor compliance. NV5 understands that reimbursement requests are limited to supporting documentation for work completed and will coordinate with the City and Contractor to gather invoices and supporting materials for each reimbursement request such that audit compliance for applicable funding and grant requirements will be available upon request.

3. PROJECT COMPLETION AND CLOSEOUT

3.1.Punch Lists. Final punch lists will be developed with the on-site Inspector, City, and the Design Engineer. NV5 will make certain that the Contractor clears these punch-list items prior to the Contractor’s final pay application request. Additionally, prior to approving the Contractor’s final pay request, NV5’s team will coordinate the Contractor’s red-line plans to be forwarded to the City and the Design Engineer for final review, acceptance and incorporation.

3.2.As-builts. Finally, we will collect and coordinate the as-built drawings from the Contractor and forward them to the Engineer-of-Record for processing.

3.3.Providing final Set of documents. NV5 will provide the construction documents generated during the construction and stored in CMIS in electronic format to the City.

Exemptions & Exclusions:

1. Review and approval of submittals and RFIs will be performed by the City’s Engineer-of-Record.

2. Surveying, Geotechnical, and Material Testing Services are not included in this proposal and are available for an additional fee.

3. Application fees, permit fees, or any other fees required for the project.

4. The City’s Engineer-of-Record will provide the electronic as-built documents from the Contractor’s asbuilt plans.

Project Team and Qualifications:

NV5 offers its seasoned and qualified staff to support the City on this project. Serving as the City’s Construction Manager will be Ms. India Allen, CCM, QSD/QSP. Ms. Allen is a proactive and self-motivated Certified Construction Manager with extensive experience managing at-risk public works projects throughout Southern California. She has worked closely with public agencies, consultants, and contractors to successfully deliver projects while maintaining schedule, budget, and quality control.

Ms. Allen is proficient in Microsoft Office, Procore, Primavera P6, Microsoft Project, AutoCAD, and Bluebeam Revu. Her effective communication and negotiation skills, combined with her project management experience, allow her to effectively coordinate with City staff, design professionals, and construction trades. Ms. Allen holds certifications as a Certified Construction Manager and as a Qualified SWPPP Developer and Practitioner. Her background in construction management and environmental compliance makes her well suited to serve as Construction Manager for the Eagles Sports Park Project.

Ms. Allen’s resume is included for the City’s consideration.

NV5 offers Mr. Micheal Harrell as the Construction Inspector for this project. Mr. Harrell has over 10 years of experience in construction, inspection, and materials testing, and is a qualified ICC Special Inspector.

Mr. Harrell has extensive experience in structural and civil inspection on a variety of public works

January 14, 2026

infrastructure projects, working with federal, state, and local agencies. Experience includes performing inspections and materials testing of underground sewer and storm drain pipelines and storm drain structures, structural building and bridge safety inspections, concrete and asphalt concrete paving, and site work construction based on “Greenbook” and California Building Codes requirements, as well as determining quantities and evaluating progress and final payment requests.

Fee Proposal: NV5’s services will be billed on a time-and-materials basis for the total not-to-exceed fee listed in Attachment A in accordance with our Contract with the City.

NV5 looks forward to the continuing opportunity to work with the City to help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at [email protected] and [email protected]. Thank you for your time and consideration.

Sincerely,
NV5, Inc.

Luanne Bean, PE Jeffrey M. Cooper, PE
Director of Program and Construction Management EVP, COO PN: 2700226-0014810.00

$127
HRs $ HRs $ HRs $
1 Preconstruction Phase

1.1 Kickoff Meeting (NIC) 4 $720 $0 2 $328 $1,048

1.2 Submittal Review & RFI Processing 96 $17,280 24 $3,048 $0 $20,328

1.3 Meetings 48 $8,640 70 $8,890 $0 $17,530
2 Construction Phase (260 WD)

2.1 CMIS (No Charge for CMIS Platform) 2 $360 $0 $0 $360

2.2 Change orders reviews, negotiations and final
documentation (up to 5 change orders) 50 $9,000 $0 $0 $9,000

2.3 Monitoring Contractor Performance and
Schedule 70 $12,600 $0 $0 $12,600

2.4 Documenting Deficiencies (1) 8 $1,440 $0 $0 $1,440

2.5 Progress Monthly Payments and Final Payment 40 $7,200 $0 $0 $7,200

2.6 Providing regular progress reports to the City 40 $7,200 14 $1,778 $0 $8,978

2.7 Inspection (1-year 1/2 time) 0 $0 $0 1038 $170,232 $2,500 $172,732

2.8 Final Walk Through and Punch List 14 $2,520 $0 $0 $2,520

2.9 Funding Documentation 16 $2,880 $0 $0 $2,880
3 Project Completion and Closeout

3.1 Punch Lists 10 $1,800 $0 $0 $1,800

3.2 As-Builts 10 $1,800 $0 $0 $1,800

3.3 Providing final Set of Documents 10 $1,800 $0 $0 $1,800 Total 418 $75,240 108 $13,716 1040 $170,560 $2,500 $262,016.00 $262,016.00
Rates shown are for up to 8 hours, 8 to 12 hours is 1.5XRate, over 12H weekends & Holidays is 2xRate.

ADMINISTRATION
TASK
NO. WORK DESCRIPTION

CONSTRUCTION

MANAGER INSPECTOR
TOTAL
$180 $164 FEE ODC'S

FEE PROPOSAL - ESTIMATE

CITY OF DESERT HOT SPRINGS
Eagles Sports Park City Project No. 4000

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
Attachment A

NV5, INC.

Palm Desert Office Rate Schedule
Technical Services
Engineering Aide/Planning Aide................................................................................ $65.00/hour Project Assistant ........................................................................................................ $98.00/hour Project Administrator............................................................................................... $102.00/hour CADD Technician I.................................................................................................... $109.00/hour CADD Technician II................................................................................................... $132.00/hour CADD Technician III.................................................................................................. $147.00/hour Senior CADD Technician/Designer......................................................................... $157.00/hour

Professional
Junior Engineer/Planner/Surveyor ......................................................................... $110.00/hour Assistant Engineer/Planner/Surveyor.................................................................... $136.00/hour Associate Engineer/Planner/Surveyor ................................................................... $147.00/hour Senior Engineer/Planner......................................................................................... $175.00/hour Associate Project Manager ……….………………………………….................................... $185.00/hour Entitlement Engineer/Planner ................................................................................ $200.00/hour Project Manager....................................................................................................... $240.00/hour City Engineer ............................................................................................................ $260.00/hour Principal.................................................................................................................... $285.00/hour Construction Management
Construction Manager............................................................................................. $175.00/hour Inspector* ............................................................................................................... $164.00/hour Surveying
1-Person Field Crew* .............................................................................................. $198.00/hour 2-Person Field Crew* .............................................................................................. $330.00/hour 3-Person Field Crew* .............................................................................................. $445.00/hour Senior Surveyor ………………………………………………………………………………………….. $170.00/hour Survey Manager ....................................................................................................... $225.00/hour Expenses: Deliveries/Reproduction/Subconsultant Services ......................................................Cost + 10% Mileage .................................................................................................................. per IRS standard Rates are effective through December 31, 2026. If contract assignment extends beyond that date, a new rate schedule will be added to the contract.
* Assumes prevailing wages are applicable for field work. ** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate.

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

RESUME
Project Experience
Reflection Park Phase II
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS
Construction Manager. Ms. Allen is serving as Construction Manager for the Reflection Park Phase II project. NV5 is providing part-time construction management and inspection services for the Reflection Park Phase II project. The project consists of the demolition of part of the existing sidewalks and railings; removing and salvaging part of an existing metal fence; protection in place of the existing canopy structure, electrical and water main lines, existing retaining wall and curb ramp, part of the existing metal fence and concrete sidewalk; relocation of existing boulders; site clearance and soil preparation of approximately 7,170 SF; the construction of 750 SF of new 4-inch sidewalk; 360 LF of a new 6-LF metal picket fence and relocation of the salvaged metal fence; new light poles; 865 SF of 6-inch rock cobble w/gravel infill; and 7,500 SF of decomposed granite color dune. The project also includes the installation of a new irrigation system with a new controller; the connection with the existing potable water pipeline; installation of trees and shrubs; and the installation of a new lighting system with two different lighting solar devices.

Indian Canyon Drive Sewer Project
CITY OF PALM SPRINGS | PALM SPRINGS, CA
Construction Manager. Ms. Allen is serving as Construction Manager for the Indian Canyon Drive Sewer Project. NV5 is providing construction management and inspection services for the project, which will install 8,875 feet of 10-inch PVC sewer pipeline on North Indian Canyon Drive. Twenty-four manholes will be constructed along the route. Microtunneling will be used for 1,200 feet, and the remaining 7,675 feet will be installed via open-cut trenching. Installation involves excavation, pipe laying, backfilling, surface restoration, and manhole construction using precast or cast-inplace structures.

Diversion Sewer Pipes to Abandon Fox Hills Pump Station CITY OF CULVER CITY | CULVER CITY, CA
Assistant Construction Manager. NV5 provided construction management and inspection services for the Diversion Sewer Pipes to Abandon Fox Hills Pump Station project. The project constructed 1,230 LF of 18-inch diversion sewer mains from Fox Hills pump station to Bankfield pump station. The project included constructing 18-inch FRPM (Fiberglass-reinforced pipe) in a 36-inch RCP casing by microtunneling (1,223 LF) at an average depth of 28 feet to 30 feet; constructing new manholes; pavement restoration of all existing improvements; 18-inch force main tie-in near City of Los Angeles manhole and associated temporary bypass system; 1,600 LF of abandonment of portions of the existing dual force 12-inch and 18-inch mains; 1,230 LF of CCTV inspection; and demolition of Fox Hills pump station and the Overland pump station.

INDIA ALLEN, CCM, QSD/P
Construction Manager
Ms. Allen is a proactive, self-motivated Certified Construction Manager who has managed at-risk projects throughout Southern California. She is experienced in Microsoft Office, Procore, Primavera P6, Microsoft Projects, AutoCAD, and Bluebeam Revu. Her solid negotiation and communication skills along with proven project management skills allow her to effectively interact with clients as well as construction trades for a variety of public works projects.

CONTACT INFO
[email protected]

EXPERIENCE
9 years

EDUCATION
M.S. Civil Engineering
(Coastal Engineering)
B.S. Civil Engineering

LICENSES/CERTIFICATES
Certified Construction
Manager (CCM),
No. 43234
Qualified SWPPP
Developer (QSD) &
Qualified SWPPP
Practitioner (QSP),
No. 84350
Metrolink Railroad Safety
Contractor Safety Trained,
No. 26471E22
AWARDS
“Honors” AGC
Construction Project
Management Course,
San Diego, CA (January
2021)
Ralph Alan Dusseau
Award for Civil &
Environmental
Engineering, Glasboro,
N.J. (May 2016)
Beyond Engineering NV5 | 1 Page 127 of 544
RESUME
Project Experience
Reflection Park Phase II
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
Construction Inspector. NV5 is providing part-time construction management and inspection services for the Reflection Park Phase II project. The project consists of the demolition of part of the existing sidewalks and railings; removing and salvaging part of an existing metal fence; protection in place of the existing canopy structure, electrical and water main lines, existing retaining wall and curb ramp, part of the existing metal fence and concrete sidewalk; relocation of existing boulders; site clearance and soil preparation of approximately 7,170 SF; the construction of 750 SF of new 4-inch sidewalk; 360 LF of a new 6-LF metal picket fence and relocation of the salvaged metal fence; new light poles; 865 SF of 6-inch rock cobble w/gravel infill; and 7,500 SF of decomposed granite color dune. The project also includes the installation of a new irrigation system with a new controller; the connection with the existing potable water pipeline; installation of trees and shrubs; and the installation of a new lighting system with two different lighting solar devices.

John H. Furbee Aquatic Center Improvements
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS
Construction Inspector. NV5 is providing construction management and inspection services for the John H. Furbee Aquatic Center Improvements Project. The Aquatic Center is a public pool that provides community space. The existing pool improvements include re-plastering, re-tiling, and partial deck renovation with new deck equipment.

All underwater lights will be replaced with new LED lights. There will be two coats of waterproofing to the surge chambers and gutters, and a new deck timing system and scoreboard will be installed. The sprayground equipment will be removed and replaced, and a new chiller will be added as well. There will also be new waterproofing in the balance tank as well as a new UV system.

Wardman Park Improvement Project
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
Construction Inspector. Mr. Harrell is providing construction inspection services for the Wardman Park Improvement Project. Wardman Park is a local park primarily known for its recreational facilities, which includes four outdoor pickleball courts. The park also includes a basketball court, a playground area, restrooms and a parking lot, among other amenities. The project consists of the fabrication and installation of three pre-engineered fabric shade structures.

MICHEAL HARRELL
Construction Inspector
Mr. Harrell has more than 12 years of experience in the construction, inspection, and materials testing industry. He has extensive experience in structural and civil inspection on a variety public works infrastructure projects, working with Federal, State, and local agencies. His experience includes performing inspections and materials testing of underground sewer and storm drain pipelines and storm drain structures; structural building and bridge safety inspections; concrete and asphalt concrete paving; and sitework construction based on “Greenbook” and California Building Codes requirements. Mr. Harrell has an extensive background in residential and commercial construction, particularly carpentry. He has excellent written and verbal communication skills and is proficient in Excel and Word programs.

CONTACT INFO
[email protected]

EXPERIENCE
12 years

LICENSES/CERTIFICATES
ICC Certified Reinforced
Concrete Inspector
ICC Certified Structural
Masonry Inspector
ICC Certified Soils Special
Inspector
ICC Certified Sprayed
Fireproofing Inspector
ACI Field Technician,
Grade I
Nuclear Gauge
Certification
Caltrans Certifications
(CT 504, CT 523.1 Section
B.1 & B.2, CT 540, CT 556,
CT 518, CT 539, CT 543,
CT 557)
Certified California
Journeyman Laborer (AGC)
Certified California
Journeyman Carpenter
(AGC)
Cement Mason
Certified Forklift Operator
OSHA 30-Hour
Construction Safety and
Health
Confined Space Training
Traffic Control Technician
and Traffic Control Flagger
Beyond Engineering NV5 | 2 Page 128 of 544
SR-26-013
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
Department: Public Works
Prepared by: Daniel Porras, Deputy City Manager
Subject: Purchase of Furniture for Police Department Annex Building Project Number 8003
RECOMMENDATION:

Authorize the City Manager to purchase furniture from Desert Business Interiors, in an amount not to exceed of $162,819.95, 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. Fire Station #98 is one of the Public Safety Bond Projects within the agreement.

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

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

On December 12, 2024, the City Council awarded the construction agreement for the Police Department Annex Building Project Number 8003.

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 furniture, fixtures, and equipment.

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.

The total budget amount included an estimated $65,000 for Furniture.

SR-26-013
The building was designed to fit specialized furniture, matching the existing furniture at City Hall and Fire Station 98, making these items consistent, reliable, and interchangeable in the future. This furniture is custom designed and manufactured by Desert Business Interiors (DBI) to meet the City’s minimum standards, therefore meets the criteria for the sole source procurement method for specialized equipment.

The total cost of the furniture is $162,819.95, the quote sheet and agreement, and furniture layout and design are attached as exhibits. 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.

The total budget amount included an estimated $65,000 for Furniture.

The total cost of furniture is $162,819.95, therefore an increase in Public Safety Bond funds of $97,819.95 in the total budget will be needed to cover the furniture cost.

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) Proposal - DBI
2) Furniture Layout
3) Furniture Design 2
4) Furniture Design 1
5) Staff Report - PD Annex - Award Construction

Quotation
Date
12/5/2025
Estimate #
1330
Name / Address

CITY OF DESERT HOT SPRINGS POLICE
65950 PIERSON BLVD

DESERT HOT SPRINGS,
CA 92240
Ship To
ANNEX
DHS
P.O. No. Terms
50% DEPOSIT, BAL BEFORE ...

Rep
BC
Total
Subtotal
Sales Tax (7.75%)
PO Box 17
Palm Desert, CA 92261
P: 760-340-1112
F: 760-340-1833
Accepted by________________________ Title______________ Date___________ line Item Qty Description Cost Total
CMAS: GLOBAL CONTRACT
# 4-18-71-0139B
CMAS: NATIONAL OFFICE FURNITURE
CONTRACT # 30007013

SITONIT SEATING
CMAS CONTRACT # 4-18-71-0092B

WORKSTATIONS EVOLVE
(10) WORKSTATIONS PARTS TO

COMPLETE

RECONFIGURE PER DRAWINGS
PLEASE NOTE: PANELS DO NOT HAVE
POWER

ALL POWER AND DATA WAS PLACED

IN THE FLOOR PER ARCHITECT AND
CONTRACTOR. POWER AND DATA

OPTIONS ARE TO BE SUPPLIED BY

THE CITY
FINISH: CHARCOAL CHR
FABRIC: DAPPER GREY
LAMINATE: QUARTERED MAHOGANY
QTM
TAG: WORKSTATIONS
1 1 32,006.00 32,006.00

Quotation
Date
12/5/2025
Estimate #
1330
Name / Address

CITY OF DESERT HOT SPRINGS POLICE
65950 PIERSON BLVD

DESERT HOT SPRINGS,
CA 92240
Ship To
ANNEX
DHS
P.O. No. Terms
50% DEPOSIT, BAL BEFORE ...

Rep
BC
Total
Subtotal
Sales Tax (7.75%)
PO Box 17
Palm Desert, CA 92261
P: 760-340-1112
F: 760-340-1833
Accepted by________________________ Title______________ Date___________ line Item Qty Description Cost Total

STORAGE STORAGE AND LATERAL FILES
FOR (2) AREAS WITH LAMINATE TOPS.

FINISH: CHARCOAL CHR
LAMINATE: QUARTERED MAHOGANY
QTM
TAG: WORKSTATIONS AND BY

INTERVIEW ROOM
2 1 11,525.00 11,525.00

NOVO SITONIT
NOVO

HIGHBACK
FRAME COLOR: BLACK
MESH COLOR: FOG
LUMBAR COLOR: FOG
LUMBAR ACCENT COLOR: FOG
CAL 133: NO
FABRIC: GRADE 4 MOMENTUM:

ODYSSEY-ALLOY
ARM: FIXED LOOP ARM
MECHANISM: SYNCHRO
CYLINDER:STANDARD
BASE COLOR: POLISHED ALUMINUM
CASTERS: CARPET
TAG: LARGE CONFERENCE ROOM
3 24 450.00 10,800.00

Quotation
Date
12/5/2025
Estimate #
1330
Name / Address

CITY OF DESERT HOT SPRINGS POLICE
65950 PIERSON BLVD

DESERT HOT SPRINGS,
CA 92240
Ship To
ANNEX
DHS
P.O. No. Terms
50% DEPOSIT, BAL BEFORE ...

Rep
BC
Total
Subtotal
Sales Tax (7.75%)
PO Box 17
Palm Desert, CA 92261
P: 760-340-1112
F: 760-340-1833
Accepted by________________________ Title______________ Date___________ line Item Qty Description Cost Total

NOVO SITONIT
NOVO

HIGHBACK
FRAME COLOR: BLACK
MESH COLOR: FOG
LUMBAR COLOR: FOG
LUMBAR ACCENT COLOR: FOG
CAL 133: NO
FABRIC: GRADE 4 MOMENTUM:

ODYSSEY-ALLOY
ARM: FIXED LOOP ARM
MECHANISM: SYNCHRO
CYLINDER:STANDARD
BASE COLOR: BLACK
CASTERS: CARPET
TAG: MEETING AREA BY

WORKSTATIONS
4 10 449.00 4,490.00

Quotation
Date
12/5/2025
Estimate #
1330
Name / Address

CITY OF DESERT HOT SPRINGS POLICE
65950 PIERSON BLVD

DESERT HOT SPRINGS,
CA 92240
Ship To
ANNEX
DHS
P.O. No. Terms
50% DEPOSIT, BAL BEFORE ...

Rep
BC
Total
Subtotal
Sales Tax (7.75%)
PO Box 17
Palm Desert, CA 92261
P: 760-340-1112
F: 760-340-1833
Accepted by________________________ Title______________ Date___________ line Item Qty Description Cost Total

FURNITURE SIT ON IT
FOCUS
24/7 WORK CHAIR

MESH HIGHBACK

ADJUSTABLE HEIGHT AND WIDTH
ARMS

SEAT-DEPTH ADJUSTMENT
LUMBAR
FRAME: BLACK
BASE: BLACK
SEAT FABRIC: GRADE 4

MOMENTUM-ODESSY-ALLOY
CASTERS: CARPET
TAG: (10) WORKSTATIONS
(6) OFFICES
(1) RECEPTION
5 17 699.00 11,883.00

FURNITURE GLOBAL TOTAL OFFICE

GUEST CHAIR
MESH: BLACK
METAL FRAME: BLACK
FABRIC: BLACK
TAG: OFFICES (2) EACH
INTERVIEW ROOMS: (4) EACH
6 20 325.00 6,500.00

Quotation
Date
12/5/2025
Estimate #
1330
Name / Address

CITY OF DESERT HOT SPRINGS POLICE
65950 PIERSON BLVD

DESERT HOT SPRINGS,
CA 92240
Ship To
ANNEX
DHS
P.O. No. Terms
50% DEPOSIT, BAL BEFORE ...

Rep
BC
Total
Subtotal
Sales Tax (7.75%)
PO Box 17
Palm Desert, CA 92261
P: 760-340-1112
F: 760-340-1833
Accepted by________________________ Title______________ Date___________ line Item Qty Description Cost Total

FURNITURE NATIONAL OFFICE FURNITURE

ARROWOOD SERIES
30" D X 66" DESK WITH

DRAWER/DRAWER/FILE
RETURN: 24" D X 42" W WITH

FILE/FILE
(3) LEFT AND (3) RIGHT
(2) 36" WALL MOUNTED STORAGE

OVERHEADS
WITH 72" W TACKBOARD
LAMINATE: CW CORDOVAN
TACKBOARD: GRADE A REPETITION:

ASH
7 6 3,599.00 21,594.00

FURNITURE NATIONAL OFFICE FURNITURE
LAMINATE TABLE TOP 36" W X 72" W

WITH METAL BASE
LAMINATE: CW CORDOVAN
BASE: PLATINUM METALLIC 501
TAG: INTERVIEW ROOMS
8 2 1,499.00 2,998.00

FURNITURE NATIONAL OFFICE FURNITURE
LAMINATE TABLE TOP 42" SQUARE

WITH METAL BASE
LAMINATE: EVENING NOTTE G1003
BASE: PLATINUM METALLIC 501
TAG: LUNCH ROOM
9 1 899.00 899.00

Quotation
Date
12/5/2025
Estimate #
1330
Name / Address

CITY OF DESERT HOT SPRINGS POLICE
65950 PIERSON BLVD

DESERT HOT SPRINGS,
CA 92240
Ship To
ANNEX
DHS
P.O. No. Terms
50% DEPOSIT, BAL BEFORE ...

Rep
BC
Total
Subtotal
Sales Tax (7.75%)
PO Box 17
Palm Desert, CA 92261
P: 760-340-1112
F: 760-340-1833
Accepted by________________________ Title______________ Date___________ line Item Qty Description Cost Total

FURNITURE NATIONAL OFFICE FURNITURE

PLASTIC STACK CHAIRS
ARMS: NO
FINISH: LIGHT GREY
TAG: LUNCH ROOM
10 4 225.00 900.00

FURNITURE NATIONAL OFFICE FURNITURE

ELOQUENCE SERIES

WOOD GUEST CHAIR WITH ARMS

FULLY UPHOLSTERED
FABRIC: GRADE 2: STRAND : COAST
FINISH: CW CORDOVAN
TAG: LOBBY
11 3 849.00 2,547.00

FURNITURE NATIONAL OFFICE FURNITURE

ELOQUENCE SERIES

GANGING CORNER END TABLE
FINISH: CW CORDOVAN
TAG: LOBBY
12 1 650.00 650.00

Quotation
Date
12/5/2025
Estimate #
1330
Name / Address

CITY OF DESERT HOT SPRINGS POLICE
65950 PIERSON BLVD

DESERT HOT SPRINGS,
CA 92240
Ship To
ANNEX
DHS
P.O. No. Terms
50% DEPOSIT, BAL BEFORE ...

Rep
BC
Total
Subtotal
Sales Tax (7.75%)
PO Box 17
Palm Desert, CA 92261
P: 760-340-1112
F: 760-340-1833
Accepted by________________________ Title______________ Date___________ line Item Qty Description Cost Total

FURNITURE NATIONAL OFFICE FURNITURE

ARROWOOD SERIES

RECTANGULAR CONFERENCE ROOM
TABLE
120" W X 54"
WITH (1) ONE TOUCH POWER

MODULAR DOUBLE SIDED

TO BE HARDWIRED

BY ELECTRICIAN
(1) FIRST SIDE: (2) POWER-(1) USB-A
AND C-(1) HDMI- AND (1) BLANK
(2) SECOND SIDE: (2) POWER-(1) USB-A
AND C-(1) VGA-
(1) BLANK
72" LONG CORDS
LAMINATE: CW CORDOVAN
GROMMET FINISH: SILVER
TAG: MEETING AREA BY

WORKSTATIONS
13 1 8,599.00 8,599.00

Quotation
Date
12/5/2025
Estimate #
1330
Name / Address

CITY OF DESERT HOT SPRINGS POLICE
65950 PIERSON BLVD

DESERT HOT SPRINGS,
CA 92240
Ship To
ANNEX
DHS
P.O. No. Terms
50% DEPOSIT, BAL BEFORE ...

Rep
BC
Total
Subtotal
Sales Tax (7.75%)
PO Box 17
Palm Desert, CA 92261
P: 760-340-1112
F: 760-340-1833
Accepted by________________________ Title______________ Date___________ line Item Qty Description Cost Total

FURNITURE NATIONAL OFFICE FURNITURE

ARROWOOD SERIES

RECTANGULAR CONFERENCE ROOM
TABLE
144" W X 60"
WITH (2) ONE TOUCH POWER

MODULAR DOUBLE SIDED

TO BE HARDWIRED

BY ELECTRICIAN
(1) FIRST SIDE: (2) POWER-(1) USB-A
AND C-(1) HDMI- AND (1) BLANK
(2) SECOND SIDE: (2) POWER-(1) USB-A
AND C-(1) VGA-
(1) BLANK
72" LONG CORDS
LAMINATE: CW CORDOVAN
GROMMET FINISH: SILVER
TAG: LARGE CONFERENCE ROOM
14 2 9,499.00 18,998.00

Quotation
Date
12/5/2025
Estimate #
1330
Name / Address

CITY OF DESERT HOT SPRINGS POLICE
65950 PIERSON BLVD

DESERT HOT SPRINGS,
CA 92240
Ship To
ANNEX
DHS
P.O. No. Terms
50% DEPOSIT, BAL BEFORE ...

Rep
BC
Total
Subtotal
Sales Tax (7.75%)
PO Box 17
Palm Desert, CA 92261
P: 760-340-1112
F: 760-340-1833
Accepted by________________________ Title______________ Date___________ line Item Qty Description Cost Total

FURNITURE GYM LOCKER BENCH
48" W X 23" D X 39" H

WITH BACK SUPPORT AND ADA

APPROVED
FINISH: DARK BROWN
BASES: BLACK

TO BE BOLTED IN THE FLOOR BY A

PROFESSIONAL CONTRACTOR HIRED

BY THE CITY
15 2 860.00 1,720.00
16 1 1,500.00 1,500.00 DESIGN SPACE PLANNING AND DESIGN

DELIVERY AND INSTALLATION RECEIVE IN, PICK UP EXISTING

PRODUCT IN STORAGE

DELIVER AND INSTALL PER PLAN
17 1 13,500.00 13,500.00

$162,819.95
$151,109.00
$11,710.95

FD
FE
WH
FD
D.W.

REF

INVESTIGATIONS

RECEPTION

INTERVIEW
#1
LOBBY
RR #2
RR #1
ARMORY
STORAGE #1

FIELD OPERATIONS

JANITOR
COMM. RM.

HALLWAY

ELECTRICAL FIRE RISER
SHOWER

WOMEN'S

WOMEN'S LOCKERS
WOMEN
MEN

MEN'S LOCKERS

MEN'S SHOWER
FSR
OFFICE #6
OFFICE #5
BREAK
OFFICE #1
OFFICE #2 OFFICE #3
OFFICE #4
FE
FE
CG
CGCG
CG
CG
CG

VESTIBULE

PRINTER/
COPIER
1 23
7 1
FD
FD
COL
COLCOL
COL
COL
CG
CG
FE
REF
COFFEE
REF

LOCKER LOCKER LOCKER LOCKER

LOCKERLOCKER

INTERVIEW
#2
STORAGE #2
SHOWER
ADA
FD
SHOWER
FD
36 BENCH
BENCH
B B B B B B B BB B B B B B B B1 ADA-1 ADA-2 B1 B B B
B1
B1 B1 B1
B1 B1
B B B B B B1
B1 B1 B1 B1
B1 B1 B1 B1
B1 B1 B1 B1
11 8
8 9 15
16 22
ICE
EC
EP
EP
EAM
EC
EC
EAL
EP
EC
EC
EQ ET
EM
EP
EP EP
EG
EJ
EE
EJ
EP
ES
EC
ES ER
EP
EE
EX

EX EM
EG
EC
ES
EP
EM
EC EP
EP
EJ
144"
66"
71"
76"
96" 31"
72"
120"
54"
10"
31"
63" 72"
36"
59"
DATE:

DHS POLICE: ANNEX
SCALE:
11/23/2025
DRAWN BY: WAKEFIELD

ADDRESS

FURNITURE PLAN
1/8
ADDRESS Page 140 of 544

INVESTIGATIONS
54"
120"
DRAWN BY: WAKEFIELD
11/23/2025

ADDRESS

ADDRESS
FURNITURE PLAN DATE:

SCALE:

DHS POLICE: ANNEX
2/8

FE
D.W.

REF
BREAK
CG
ICE

FURNITURE PLAN
3/8

ADDRESS
11/23/2025
DRAWN BY: WAKEFIELD DHS POLICE: ANNEX
DATE:

SCALE:

ADDRESS Page 142 of 544
FE
OFFICE #6
OFFICE #5
LOCKER
LOCKER
66"
72"

ADDRESS

FURNITURE PLAN
SCALE:

ADDRESS
DATE: 11/23/2025
DRAWN BY: WAKEFIELD DHS POLICE: ANNEX
4/8

LOBBY
31"
31"
11/23/2025
DHS POLICE: ANNEX

ADDRESS
DRAWN BY: WAKEFIELD

ADDRESS
DATE:
5/8
SCALE:

FURNITURE PLAN Page 144 of 544

INTERVIEW
#2
STORAGE #2

B B B B B B ET
10"

INTERVIEW
#1
CG
CG
72"
36"
6/8

FURNITURE PLAN

ADDRESS
DATE: 11/23/2025
DHS POLICE: ANNEX

ADDRESS
DRAWN BY: WAKEFIELD
SCALE:

FIELD OPERATIONS
FE
CG
REF
COFFEE
REF
76"
144"
59"

FURNITURE PLAN

ADDRESS
DHS POLICE: ANNEX

ADDRESS
11/23/2025
SCALE:

DATE:
7/8
DRAWN BY: WAKEFIELD

EG
EJ
EP
ES
EC
ER ES
EE
EM
FE
D.W. REF

INVESTIGATIONS

RECEPTION

INTERVIEW
#1
LOBBY
RR #2
RR #1
OFFICE #6
OFFICE #5
BREAK
CG
CG
CG
CG
FD
FD
COL
COL
COL
CG
FE
LOCKER
LOCKER

INTERVIEW
#2
STORAGE #2
ICE
EC
EM
EC EP
EP
EX
EP
EAM EX
EP
EC
EP EC
EAL
EP
EJ
EC
EP
EC
EQ
ES
ET
EJ EM
EP
EP
EC
EE
EP
EG
66"
71"
76"
96"
31"
72"
120"
54"
10" 31"
63" 72" 36"
11/23/2025

FURNITURE PLAN
DRAWN BY: WAKEFIELD
DATE:
8/8

ADDRESS

ADDRESS
SCALE:

DHS POLICE: ANNEX Page 147 of 544
TB3617
B006S
B006S
2443FF
3066BBF
TB3617
B006S B006S
TB3617
LC005S
LC005S
2443FF
LC005S
3066BBF
TB3617
LC005S
OH3617 OH3617
OH3617 OH3617
4'-0"
4'-7"
3'-7"
4'-5" 4'-5"
2'-11"

OFFICES
02209784_POLICE ANNEX
12/4/2025
THIS DRAWING WAS PREPARED BASED ON INFORMATION THAT WAS PROVIDED BY THE DEALER AND/OR END USER. IT IS THE RESPONSIBILITY OF THAT DEALER AND/OR END USER TO VERIFY THE CONTENT AND ACCURACY OF THIS DRAWING AND ITS SPECIFICATION. THIS DRAWING IS THE PROPERTY OF KIMBALL INTERNATIONAL, CREATED FOR THE SOLE USE OF KIMBALL INTERNATIONAL OR ITS AUTHORIZED DEALER AND SHALL NOT BE REPRODUCED OR USED TO SOLICIT BIDS OR QUOTES FROM NON-KIMBALL INTERNATIONAL ENTITIES OR DEALERS.

TBR3028
60144
TBR3028
TBR3028
TBR3028
60144
TBR3028
TBR3028
7'-6"
7'-4"
6'-11"
6'-8"
5'-2"
7'-4"
02209784_POLICE ANNEX

LARGE CONFERENCE ROOMS
12/4/2025
THIS DRAWING WAS PREPARED BASED ON INFORMATION THAT WAS PROVIDED BY THE DEALER AND/OR END USER. IT IS THE RESPONSIBILITY OF THAT DEALER AND/OR END USER TO VERIFY THE CONTENT AND ACCURACY OF THIS DRAWING AND ITS SPECIFICATION. THIS DRAWING IS THE PROPERTY OF KIMBALL INTERNATIONAL, CREATED FOR THE SOLE USE OF KIMBALL INTERNATIONAL OR ITS AUTHORIZED DEALER AND SHALL NOT BE REPRODUCED OR USED TO SOLICIT BIDS OR QUOTES FROM NON-KIMBALL INTERNATIONAL ENTITIES OR DEALERS.

TBX323228
4242
DITTO
DITTO
DITTO
DITTO
3'-7"
6'-4"

LUNCH ROOM
02209784_POLICE ANNEX
12/4/2025
THIS DRAWING WAS PREPARED BASED ON INFORMATION THAT WAS PROVIDED BY THE DEALER AND/OR END USER. IT IS THE RESPONSIBILITY OF THAT DEALER AND/OR END USER TO VERIFY THE CONTENT AND ACCURACY OF THIS DRAWING AND ITS SPECIFICATION. THIS DRAWING IS THE PROPERTY OF KIMBALL INTERNATIONAL, CREATED FOR THE SOLE USE OF KIMBALL INTERNATIONAL OR ITS AUTHORIZED DEALER AND SHALL NOT BE REPRODUCED OR USED TO SOLICIT BIDS OR QUOTES FROM NON-KIMBALL INTERNATIONAL ENTITIES OR DEALERS.

TBY275828
3672
3'-0"
5'-1"
3'-1"
12/4/2025

TRAINING ROOMS
02209784_POLICE ANNEX
THIS DRAWING WAS PREPARED BASED ON INFORMATION THAT WAS PROVIDED BY THE DEALER AND/OR END USER. IT IS THE RESPONSIBILITY OF THAT DEALER AND/OR END USER TO VERIFY THE CONTENT AND ACCURACY OF THIS DRAWING AND ITS SPECIFICATION. THIS DRAWING IS THE PROPERTY OF KIMBALL INTERNATIONAL, CREATED FOR THE SOLE USE OF KIMBALL INTERNATIONAL OR ITS AUTHORIZED DEALER AND SHALL NOT BE REPRODUCED OR USED TO SOLICIT BIDS OR QUOTES FROM NON-KIMBALL INTERNATIONAL ENTITIES OR DEALERS.

1925

ELOQUENCE

ELOQUENCE

ELOQUENCE
02209784_POLICE ANNEX
LOBBY
12/4/2025
THIS DRAWING WAS PREPARED BASED ON INFORMATION THAT WAS PROVIDED BY THE DEALER AND/OR END USER. IT IS THE RESPONSIBILITY OF THAT DEALER AND/OR END USER TO VERIFY THE CONTENT AND ACCURACY OF THIS DRAWING AND ITS SPECIFICATION. THIS DRAWING IS THE PROPERTY OF KIMBALL INTERNATIONAL, CREATED FOR THE SOLE USE OF KIMBALL INTERNATIONAL OR ITS AUTHORIZED DEALER AND SHALL NOT BE REPRODUCED OR USED TO SOLICIT BIDS OR QUOTES FROM NON-KIMBALL INTERNATIONAL ENTITIES OR DEALERS.

EM
EC
EJ
EQ

EX EM
EAL
ER
EC
EX
ES EJ
EC
EC
FE
D.W. REF

INVESTIGATIONS

RECEPTION

INTERVIEW
#1
LOBBY
RR #2
RR #1
OFFICE #6
OFFICE #5
BREAK
CG
CG
CG
CG
FD
FD
COL
COL
COL
CG
FE
LOCKER
LOCKER

INTERVIEW
#2
STORAGE #2
ICE
EE
EP
EG
EP
EAM
EC
EP
EM
EP EP
ES

EP EC EP
EP
EP
EG
ET
EP EP
EE
EC
EJ
EC
ES
76"
66"
96"
71"
31"
72"
54"
120"
10" 31"
63"
36"
72"

ADDRESS
DHS POLICE: ANNEX

ADDRESS
11/23/2025

FURNITURE PLAN
DRAWN BY: WAKEFIELD
DATE:
1/3
SCALE:

LG
LG
WSC
LG
LG
LG
LG
WSC
LG
LG 30x60 30x60
EE
LT
EM
EC EP
TP
EJ
BBF
42/FD
EC
PB
EM
EAL
PB
EX
24LT
EC
12LT
EP
12LT
LT
RT
42/FD BBF
PB
BBF
TP
EP
TP
EAM
BBF
24RT ES
EP EP
EG
EP
EX
RT
EP
ES
TP
EC
18LT 18LT
EP
18LT
EP
PB
EG BBF
24RT
EP EP
EE
BBF
18RT 18RT EJ 24LT TP
CB
CBCB
CB
24x60
24x60
24x24
30x66 30x66
24x24
30x66
24x60
30x72
24x60
30x66
30x72
OH
OH
OH
OH
OH
OH
OH
OH
OH OH
OH OH
OH
OH
OH
OH
OH
OH
10"

EP RT EP PB
LT
LT
RT
ER
EP
TP
EM
TPBBF
EJ
18LT 18LT
EC
BBF

EP EP BBF
EC
EP
ES
18RT
EP
EQ ET
EP
EC
18RT
PB
BBF
TP
EC
TP

CBCBCB CBCB
24x60 24x60
30x66 30x66 24x60
30x66
24x60
30x66
OH OH
OH

OHOH OH OH OH

OH OH OH
OH
12 42/24 MONO
12 42/36 LAM1 42/30 LAM1
42 42/30 LAM1
42/24 MONO
12 42/36 MONO
12 24
42/30 LAM1
42 42/36 MONO
12 42/36 LAM1
42 12
24 42
12 24
12 12 42/36 LAM1
42 4224
42 42/30 LAM1
24 12
42 42
24 42
42/30 MONO
42 42
12 24
42/30 MONO 24
42 42/36 LAM1
24 42
42 12
12/30 F24/30 F
ATC
24/30 F
12/30 F
12/36 F
12/36 F
24/24 F
12/30 F
24/24 F
12/30 F
24/36 F 24/36 F
12/36 F
12/36 F
12/30 G 12/36 G
ATC

ATC ATC
12/36 G 12/30 G 12/36 G
12/36 G 12/30 G
12/30 G
ATC
42/30 MONO
12 24
42/30 MONO
42/30 LAM1
42 42/36 MONO 42/24 MONO 12
42/36 LAM1
12 24
42 12
42/30 LAM1
42 12
12 24
42 12
42 42
42 42
42 24
12 42
42 24
42 42
42/30 LAM1
12 42
12 42/30 LAM1 24
42/36 SW1
1212
12 42/36 LAM1
12 12
12 42/36 SW1
12 24 24
42/30 LAM1
42/30 LAM1
12 42
42/30 MONO
42/30 LAM1
42/36 MONO
42/36 LAM1
42 12
42 24
42 42/36 LAM1
12 42
42/36 LAM1
42 12
12 24
12 42
42/24 MONO
42 42/30 LAM142/30 LAM1 42/36 LAM1
12 42/30 LAM1
12/30 F
24/24 F
12/30 F
12/30 F
24/36 F 24/36 F 12/36 F24/30 F
12/30 F
12/30 F
12/36 F
24/30 F
12/36 F
12/30 F
12/36 F
12/30 F
12/36 F
12/30 F
12/30 F
24/24 F 24/36 F 12/30 F
24/30 F 24/36 F
12/36 F
12/30 G
ATC
12/30 G
12/30 G
ATC
12/30 G 12/36 G
12/36 G 12/30 G
12/30 G 12/30 G
12/36 G
ATC
12/30 G
12/36 G
ATC
2/3
DHS POLICE: ANNEX

ADDRESS
DATE:

ADDRESS

FURNITURE PLAN
11/23/2025
SCALE:

DRAWN BY: WAKEFIELD

Inside Outside Widths: 8x36" EC - Height: 66" OutsideInside Widths: 2x36" EE - Height: 66" Outside Inside Widths: 2x30" EG - Height: 66" In & out sides Widths: 3x24" EJ - Height: 66"In & out sides Widths: 3x36" EM - Height: 66" Outside Inside Widths: 11x30" EP - Height: 66"In & out sides Widths: 1x36" EQ - Height: 66" In & out sides Widths: 1x30" ER - Height: 66"In & out sides Widths: 3x30" ES - Height: 66"In & out sides Widths: 1x24" ET - Height: 66"Inside Outside Widths: 2x36" EX - Height: 66" Outside Inside Widths: 1x30" EAL - Height: 66"In & out sides Widths: 1x30" EAM - Height: 66" Global Panel Types
EVPH1S4236
CHR
QTM
24" QTM
12" EVPFE1236 DS27
12" EVPGTE1236
10"
DS27
12"
CHR
DS27
24"
DS27
12"
10"
EVPH1S4236
CHR
QTM
24" QTM
12" EVPFE1236 DS27
12" EVPGTE1236
10"
DS27
12"
CHR
DS27
24"
DS27
12"
10"
EVPH1S4230
CHR
QTM
24" QTM
12" EVPFE1230 DS27
12" EVPGTE1230
10"
DS27
12"
CHR
DS27
24"
DS27
12"
10"
EVPFAM4224
CHR
DS27
36"
EVPFE2424 DS27
24"
EVPFAM4236
CHR
DS27
36"
EVPFE2436 DS27
24"
EVPH1S4230
CHR
QTM
24" QTM
12" EVPFE1230 DS27
12" EVPGTE1230
10"
DS27
12"
CHR
DS27
24"
DS27
12"
10"
EVPFAM4236
CHR
DS27
36"
EVPFE2436 DS27
24"
EVPFAM4230
CHR
DS27
36"
EVPFE2430 DS27
24"
EVPFAM4230
CHR
DS27
36"
EVPFE2430 DS27
24"
EVPFAM4224
CHR
DS27
36"
EVPFE2424 DS27
24"
EVPF1S4236
CHR
DS27
24"
12"
EVPFE2436 DS27
24"
DS27
12"
CHR
DS27
24"
DS27
24"
EVPH1S4230
CHR
QTM
24" QTM
12" EVPFE1230 DS27
12" EVPGTE1230
10"
DS27
12"
CHR
DS27
24"
DS27
12"
10"
EVPFAM4230
CHR
DS27
36"
EVPFE2430 DS27
24"

ADDRESS
DATE:

DHS POLICE: ANNEX
3/3
11/23/2025

FURNITURE PLAN
SCALE:

DRAWN BY: WAKEFIELD
ADDRESS Page 155 of 544
SR-24-257
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 12, 2024
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Construction Agreement for the Police Department Annex Building Project 8003
RECOMMENDATION:
1) Award the construction agreement for the Police Department Annex Building Project 8003, to the lowest responsive qualified bidder Perera Construction and Design Inc.; and 2) Authorize the City Manager to draft and execute the construction agreement for Police Department Annex Building Project 8003, with Perera Construction and Design Inc, in an amount not to exceed $6,049,000.00, with a 10% contingency of $604,900.00 bringing the total amount to $6,653,900.00.

And approve a total project budget in an amount of $7,263,900 for additional project expenses for the costs of construction management, and furniture, finishing's, and, equipment.

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.

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.

Since the issuance of the bonds various projects have been completed, or are in construction.

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

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

On March 19, 2024, City Council awarded the construction agreement for Fire Station 98 to the Lowest responsive qualified bidder, Oakview Constructors. The Fire Station 98 is under construction and expected to be complete in summer 2025.

On April 2, 2024, City Council rejected all bid proposals for the construction of the Public Safety Campus, and authorized Staff to develop and finalize a phasing plan for the Public Safety Campus, in which Phase 1 of the Public Safety Campus included the construction of the Police Department Annex Building only but still maintain operational functionality of the entire site. Council also Authorize Item Number: 12.

SR-24-257
Staff to proceed with re-design of plans and specifications accordingly, and re-advertise Request For Proposal for Construction of Police Annex Project.

Staff worked with STK Architecture in developing a functional Phase 1 of the Public Safety Campus and named It the PD Annex Building Project. The project consists of one new 6,371 square feet building, parking lot, access driveway, security block walls, storm water retention basin, and other site improvements.

DISCUSSION:

On October 22, 2024, the City of Desert Hot Springs issued a Notice of Inviting Bids for construction of the PD Annex Building Project. 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 34 days, closing on November 25, 2024.

On November 25, 2024, City Staff received and publicly opened six (6) bids packages. The following are the bid packets received with corresponding total bid amounts.

Lowest to
Highest
Contractor
Name
Contractor
Address/Phone # Base Bid Alternate #1 Alternate #2 Total Bid 1 Perera
Construction
2890 Inland
Empire Boulevard
#102
Ontario, CA
91764
909-481-6350
$
6,049,000.00
$
260,000.00
$
150,000.00
$
6,459,000.00
2 Oakview
Constructors, Inc.

PO Box 625
959 Calimesa
Boulevard
Calimesa, CA
92320
909-795-0990
$
6,098,000.00
$
272,400.00
$
188,000.00
$
6,558,400.00
3 Robert Clapper
Construction
Services, Inc.
700 New York
Street
Redlands, CA
92374
909-829-3688
$
6,173,000.00
$
151,000.00
$
311,000.00
$
6,635,000.00
4 Wakeco, Inc.
42020 Winchester
Road
Temecula, CA
92590
951-200-5758
$
6,271,000.00
$
169,000.00
$
285,000.00
$
6,725,000.00
5 Diamond
Construction, Inc.
1849 West
Redlands
Boulevard #101
Redlands, CA
92373
909-335-4866
$
6,440,000.00
$
278,980.00
$
177,000.00
$
6,895,980.00
6 Keystone
Builders, Inc.
4212 East La
Palma Avenue
Anaheim, CA
92807
714-572-1123
$
6,591,000.00
$
325,000.00
$
210,000.00
$
7,126,000.00
During the design there were two bid alternates that were shown on the plans and listed in the bid form of the bid proposals as bid alternates. Alternate 1 was for a shade structure over the north side parking lot of the building, and alternate 2 was for the shade structure over the east side parking lot of the building. Based on available funding and the total costs of the bid alternates, Staff is recommending awarding the construction agreement at the base bid amount without alternate 1 and alternate 2. Shade structures are not critical to the operation of the facility and can be added a future time.

Item Number: 12.

SR-24-257
Staff reviewed the bids and verified all submittals and determined the lowest responsible bidder to be Perera Construction and Design Inc. Staff verified references and found Perera Construction and Design Inc. to meet the necessary qualifications.

The City received one bid protest letter from Oakview Constructors protesting the award of the lowest apparent bidder Perera Construction and Design Inc. The protest letter is attached as an exhibit.

Perera Construction and Design Inc. submitted a response to the bid protest which is also attached.

Based on the review of the submittal criteria and requirements, and the review and response to the bid protest, Staff is recommending City Council reject the bid protest as the items presented in the protest were found to be appropriately answered in the response letter, and proceed with awarding the contract to the lowest responsible bidder Perera Construction and Design Inc.

Staff is recommending that City Council award the construction contract agreement to the lowest responsible bidder, Perera Construction and Design Inc. in the base bid amount of $6,049,000.00, plus 10% contingency, and the costs of furniture, finishings, and, equipment.

FISCAL IMPACT:

Police Department Annex Building
Construction Costs Quantities
Base Bid - Lowest Bidder $ 6,049,000.00
Contingency 10% - Base $ 604,900.00
Total Base Bid with Contingency $ 6,653,900.00
FFE Costs Quantities
Furniture $ 65,000.00
Utility Connections $ 10,000.00
Low Voltage Security $ 200,000.00
Lockers/Storage $ 310,000.00
Materials Testing $ 10,000.00
Labor Compliance $ 15,000.00
Sub-Total $ 610,000.00
Total Project Budget $ 7,263,900.00
Available Fund Source Amount
Public Safety Bond $ 4,300,000.00
ARPA Funds $ 2,000,000.00
Development Impact Fees - Streets $ 800,000.00
DIF - Law Enforcement $ 163,900.00
Total $ 7,263,900.00
PD Annex Building - Budget $ 7,263,900.00
ATTACHMENTS:

Item Number: 12.

SR-24-257
1) PD Annex Building - Notice Inviting Bids
2) PD Annex Building - Bid Tabulation
3) PD Annex Building - Perera Construction Proposal
4) Bid Protest Letters - Oakview
5) Response Letter to Bid Protest - Perera
Item Number: 12.

SR-26-017
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 20, 2026
Department: City Manager
Prepared by: Daniel Porras, Deputy City Manager
Subject: Purchase of of Three (3) Vehicles for Various City Departments RECOMMENDATION:

Authorize the City Manager to draft and execute all necessary purchase agreements and all related documents for the purchase of 3 (three) vehicles, including a 2024 Ford Transit Van for a total cost of 60,956.26, a 2026 Ford Transit Van for a total cost of $50,629.66, and a 2025 Ford Maverick for a total cost of $34,979.54.

BACKGROUND:

On June 17, 2025 the City Council approved the two-year budget for all funds for Fiscal Year 2025/2026 and Fiscal Year 2026/2027. As part of the annual budget a total of $190,000 was budgeted for the purchase of new City vehicles. At that time three (3) vehicles were identified as needing replacement; a Van for the Desert Hot Springs Recreation Center, a Truck for Animal Control, and a Transport Van for Animal Control.

DISCUSSION:

Desert Hot Springs Recreation Center – Student Transport Van - 2024 Ford Transit Van The Desert Hot Springs Recreation Center currently utilizes two vans for student transportation. The Center currently provides daily pick-up service for students from all schools in Desert Hot Springs, transporting them to the Recreation Center so they can participate in the after-school programs. The vans are also used for field trips during seasonal camps, giving kids access to educational experiences outside the classroom. The van that needs to be replaced is a 2006 vehicle that breaks down frequently. When it breaks down, staff is forced to use two City vehicles and make multiple trips to complete school pick-ups, turning one route into two, doubling staff time, and delaying student arrival. A new van will bring stability back to our operations, improve safety, and allow us to increase our capacity by transporting more students, directly supporting growth in attendance.

Staff researched various options and found the most suitable, competitive, and economical option to be the purchase of a new 2024 Ford Transit that seats 12 passengers, for a total cost of $60,965.26, from the Peoria Ford Dealership. (Quote Sheet Attached)