Desert Hot Springs City Council
April 7, 2026

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City of Desert Hot Springs
AGENDA

REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, April 7, 2026
5:30 PM - Presentations
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
PRESENTATIONS - 5:30 P.M.

Introduction of Cal Fire Riverside County Unit Fire Chief, Robert Fish
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

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

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

PUBLIC COMMENTS
At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take

action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.

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

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

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS

CONFLICT OF INTEREST & LEVINE ACT DISCLOSURES
PUBLIC HEARINGS:

1. A Resolution of the City Council of the City of Desert Hot Springs, California, to 1) Adopt an Addendum to the Desert Land Ventures Environmental Impact Report (SCH 2017051070, ENV 25-2); 2) Approve DHS Varner Road Specific Plan Amendment (SP 24-2), Amending the Desert Land Ventures Specific Plan in the City; 3) General Plan Amendment (GPA 24-1); 4) Tract Map (TM 25-1); 5) Design Review (DR 24-4), and 6) Approve an Ordinance Amending Chapter 17.210 to Amend the Desert Land Ventures Specific Plan and Develop a Logistics Center
Patricia Villagomez, Planning Manager
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony; and
5) Continue the Public Hearing to April 21, 2026.

Staff Report - SR-26-077 - Pdf
7 - 8
ADMINISTRATIVE CALENDAR:

2. Award of Construction Project and Approval of First Amendment to Funding Agreement with Riverside County for the Line C-1 Storm Drain Project, City Project 6003
Tim Jonasson, City Engineer
Recommendation:
1) Award the construction contract to the lowest responsible bidder, WEKA, Inc.;
2) Authorize the City Manager to draft and execute the construction agreement for Line C-1 Storm Drain, City Project No. 6003, with WEKA, Inc., in an amount not to exceed $6,392,369.00 with a 10% contingency of $639,236.90, bringing the total amount to $7,031,605.90; and approve a total project budget in an amount of 9 - 155

$8,018,026.00 for additional project expenses for construction management, inspection and materials testing; and
3) Authorize the City Manager to execute the First Amendment to Funding Agreement for Desert Hot Springs MDP-Line C-1, Stage 1, Project No. 6-0-00034 with Riverside County Flood Control and Water Conservation District.

Staff Report - SR-26-078 - Pdf

3. An Ordinance Amending Chapter 3.44 of the Municipal Code Revising the City's Purchasing Procedures
Geoffrey Buchheim, Administrative Services Director
Recommendation:

Introduce for First Reading and ready by title only: "An Ordinance of the City Council of the City of Desert Hot Springs amending Chapter 3.44 (Purchasing) of Title 3 (Revenue and Finance) of the Desert Hot Springs Municipal Code to revise the City’s purchasing procedures." Staff Report - SR-26-076 - Pdf
157 - 167

4. An Ordinance Amending Chapter 3.45 of the Municipal Code for Public Works Projects
Daniel Porras, Deputy City Manager
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 3.45 ("Public Works Projects") of Title 3 ("Revenue and Finance") of the Desert Hot Springs Municipal Code to Provide Informal and Formal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act (UPCCA)."
Staff Report - SR-26-074 - Pdf
169 - 179

5. Strategic Plan Update
Doria Wilms, City Manager
Recommendation: Receive and file.

Staff Report - SR-26-073 - Pdf
181 - 206

6. Discussion Item: Consideration of a Survey for a 0.5-Cent Sales Tax Measure to Fund Street Improvements
Sponsored by: Mayor Pro Tem Voss and Councilmember Pitts Recommendation:

Consider placement of an item on a future agenda to consider whether to conduct a survey regarding a 0.5-cent sales tax measure to fund street improvements.

Staff Report - SR-26-075 - Pdf
207 - 210

CONSENT CALENDAR:

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

7. City Council Regular Meeting Minutes: March 3, 2026
Jerryl Soriano, City Clerk
Recommendation: Approve the minutes as presented; or as corrected.

Staff Report - SR-26-079 - Pdf
211 - 215

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

ADJOURN

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

April 9 Public Safety Commission 6:00 p.m.

April 14 Planning Commission 6:00 p.m.

April 21 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________

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

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

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

Disclosure of Campaign Contributions (Levine Act - Government Code Section 84308) Pursuant to Government Code section 84308, members of the City Council are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City employees), franchises, discretionary land use permits and other entitlements if the Councilmember received more than $500 in campaign contributions from the applicant or

contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item in the previous 12 months. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a Councilmember in the previous 12 months are required to disclose that fact for the official record of the subject agenda item and shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient persons and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.

SR-26-077
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 7, 2026
Department: Community Development
Prepared by: Patricia Villagomez, Planning Manager
Subject: A Resolution of the City Council of the City of Desert Hot Springs, California, to 1) Adopt an Addendum to the Desert Land Ventures Environmental Impact Report (SCH 2017051070, ENV 25-2); 2) Approve DHS Varner Road Specific Plan Amendment (SP 24-2), Amending the Desert Land Ventures Specific Plan in the City; 3) General Plan Amendment (GPA 24-1); 4) Tract Map (TM 25-1); 5) Design Review (DR 24-4), and 6) Approve an Ordinance Amending Chapter 17.210 to Amend the Desert Land Ventures Specific Plan and Develop a Logistics Center
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony; and
5) Continue the Public Hearing to April 21, 2026.

DISCUSSION:

Terra Nova Planning & Research, Inc., on behalf of Newland Capital Group, has requested a continuance to a date certain of April 21, 2026, due to scheduling issues (Exhibit 1).

ATTACHMENTS:
1) Continuance Request
Item Number: 1.

TERRA NOVA PLANNING & RESEARCH, INC.®
42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800 April 2, 2026
Mr. Travis Clark
Ms. Patricia Villagomez
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, CA 92240
RE: Desert Land Ventures Specific Plan Amendment, et. al. Request for Continuance Dear Travis and Patricia,
As we discussed this morning, on behalf of our client, Newland Capital Group, we respectfully request that the City Council continue the DHS Varner Road Specific Plan Amendment and associated applications (Case Nos. ENV 25-2, GPA 24-1, SP 24-2, TM 25-1 and DR 24-4) to their meeting of April 21, 2026. Our client has scheduling issues on April 7th, and requests that they be allowed the two week continuance to assure that they can attend the meeting.

I thank you for considering this request, and we look forward to moving forward on April 21st, and to completing the project and offering the City another new employment opportunity for its residents.

Sincerely,
Nicole Sauviat Criste
Principal
Item Number: 1.

SR-26-078
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 7, 2026
Department: Public Works
Prepared by: Tim Jonasson, Consultant City Engineer
Subject: Award of Construction Project and Approval of First Amendment to Funding Agreement with Riverside County for the Line C-1 Storm Drain Project, City Project 6003
RECOMMENDATION:
1) Award the construction contract to the lowest responsible bidder, WEKA, Inc.; 2) Authorize the City Manager to draft and execute the construction agreement for Line C-1 Storm Drain, City Project No. 6003, with WEKA, Inc., in an amount not to exceed $6,392,369.00 with a 10% contingency of $639,236.90, bringing the total amount to $7,031,605.90; and approve a total project budget in an amount of $8,018,026.00 for additional project expenses for construction management, inspection and materials testing; and
3) Authorize the City Manager to execute the First Amendment to Funding Agreement for Desert Hot Springs MDP-Line C-1, Stage 1, Project No. 6-0-00034 with Riverside County Flood Control and Water Conservation District.

BACKGROUND:

The Line C-1 Storm Drain Improvement Project will substantially improve flood protection for the residents along Calle Amapola south of Hacienda Avenue to Panorama Drive, map attached as exhibit. The project includes upsizing the existing storm drain from 48 inches to 60 inches in diameter with a new headwall at the entrance of the storm drain and an improved outfall structure at the downstream end of the project.

DISCUSSION:

On April 19, 2022, the City entered into a funding agreement with Riverside County Flood Control and Water Conservation District for the completion of the design and construction of the Line C-1 Storm Drain Improvement Project identified in the City’s Master Drainage Plan for which Riverside County committed a maximum of $3,800,000.00 in project funding. If approved, the First Amendment to this funding agreement would increase the County’s commitment to $8,018,026.00. Per the funding agreement the City is responsible for administering bidding and construction oversight of the project.

On September 6, 2022, the City entered into a Professional Services Agreement (PSA) for the design of the Line C-1 Storm Drain Improvements with Albert A. Webb Associates with an original contract amount of $336,052.00. Webb’s contract was subsequently amended to a total contract amount of $539,622.00. The project was designed in collaboration with Riverside County Flood Control staff to ensure compliance with county as well as City standards.

Item Number: 2.

SR-26-078
On February 17, 2026, the City approved the plans, specifications and engineer’s estimate for the Line C-1 Storm Drain Project and authorized advertising the project for construction bids. The engineer’s estimate was $6.2 million. Two temporary and one permanent easement are under review by the impacted property owners which will be secured prior to the start of work.

On March 25, 2026, the City received ten construction bids. A summary of the bids is provided on the table below.

Company Total Bid Amount
1 WEKA, Inc. $6,392,369.00
2 Downey Construction, Inc. $6,487,000.00
3 Boudreu Pipeline Corporation $6,579,993.00
4 Gentry General Engineer $6,630,476.00
5 T.E. Roberts, Inc. $7,456,092.00
6 Griffith Company $8,085,000.00
7 Desert Concepts Construction, Inc. $8,453,245.00
8 Tri-Star Contracting II, Inc. $8,482,587.80
9 Mike Bubao Construction Co, Inc $9,426,250.00
10 Grbcon, Inc. $9,812,418.00
The apparent lowest bid proposal from WEKA Inc. is attached as an exhibit. All bid proposals are available for download via the City website at https://www.cityofdhs.org/bids-and-requests-forproposals/.

Therefore, after reviewing all bids, and all submittals, staff has determined the lowest responsible bidder to be WEKA, Inc. with a total bid amount of $6,392,369.00, and recommends the following actions:
1) Award the construction contract to the lowest responsible bidder, WEKA, Inc.; 2) Authorize the City Manager to draft and execute the construction agreement for Line C-1 Storm Drain, City Project No. 6003, with WEKA, Inc., in an amount not to exceed $6,392,369.00, with a 10% contingency of $639,236.90 bringing the total amount to $7,031,605.90; and approve a total project budget in an amount of $8,018,026.00 for additional project expenses for construction management, inspection and materials testing; and
3) Authorize the City Manager to execute the First Amendment to Funding Agreement for Desert Hot Springs MDP-Line C-1, Stage 1, Project No. 6-0-00034 with Riverside County Flood Control and Water Conservation District.

FISCAL IMPACT:

Line C-1 Storm Drain Project
Construction Costs
Lowest Bid $ 6,392,369.00
Contingency 10% $ 639,236.90
Item Number: 2.

SR-26-078
Sub-Total $ 7,031,605.90
Design Costs
Webb & Associates $ 539,622.00
Sub-Total $ 539,622.00
Construction Management*
As-Needed Inspection Services $ 416,798.10
As-Needed Materials Testing $ 30,000.00
Sub-Total $ 446,798.10
Total Project Budget $ 8,018,026.00
Funding Sources
RCFCD MOU w/Amendment No. 1 $ 8,018.026.00
Total Project Funding $ 8,018,026.00
*Estimated Costs
Contract amount is not to exceed $6,392,369.00, with a contingency of $639,236.90 (10%) for any additional work as approved by the City, which results in a construction budget of $7,031,605.90 and a total project budget of $8,018,026.00 including design, construction management, inspection and materials testing.

Funding for this project was approved as part of the FY2025-26 Capital Project Budget.

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) MDP Line C-1 Exhibit
2) Funding Agreement
3) First Amendment to Funding Agreement
4) Public Works Construction Agreement WEKA LINE C-1 STORM DRAIN - DRAFT 5) WEKA, Inc. Proposal
Item Number: 2.

Item Number: 2.

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FUNDING AGREEMENT
Desert Hot SpringsMDP - Line C-l, Stage 1
Project No. 6-8-00034-01
MS 205
This Funding Agreement ("Agreement"), dated as of April 19 , 2022, is entered into by the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT") and the City of Desert Hot Springs, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individuallyas "Party". The Parties hereto agree as follows:

RECITALS
A. DISTRICT has budgeted for and CITY has plans to design and construct Desert Hot Springs Line C-I, Stage 1 ("LINE C-l "). Upon constructioncompletion,LINEC-l will mitigate ongoing residential and street ?ooding from the intersections of Deodar Avenue and Redbud Road to Panorama Drive and CalleAmapola in the city of Desert Hot Springs. LINE 01 will also reduce the amount of sediment and debris that is transported from the northern properties to the southern properties and Hacienda Avenue,'oneof CITY's main cast to west streets; and
B. LINE C-l, as shown on District Drawing No. 6-0423 and as shown in concept in blue on Exhibit "A", attached hereto and made a part hereof, includesapproximately 4,200 lineal feet of underground storm drain from DeodarAvenue to Panorama Drive, and LINE C-l will remove and replaceapproximately 1,200 lineal feet of existing CITY 48" diameterstorm drain along Panorama Drive. At the downstreamterminus, LINE C-l will connect into CITY'S existing 66" diameterstorm drain and outlet structure located south of Panorama Drive and west of Calle Amapola.

C. Associated with the construction of line C-l is the construction of certain storm drainsthat are thirty-six inches (36”) or less in diameter, various catch basins, inlets and -1-
Item Number: 2.

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modi?cationsto CITY’S existing storm drains and basin ("CITY FACILTIES"). LINE C-1 and CITY FACILITIES are hereinafter called "PROJECT"; and
D. CITY is willing to assume the lead role for PROJECT and, therefore, will providethe administrative, technical, managerial and support services necessary to plan, design and construct PROJECT; and
E. Due to the Parties' mutual interest in PROJECT, DISTRICT wishes to support CITY'Sefforts by providing a ?nancial contributionto implementPROJECT; and F. DISTRICT is willing to provide Three Million Eight Hundred Thousand Dollars($3,800,000) toward PROJECT. All excess costs shall be borne by CITY.

G. DISTRICT's ?nancial contributions to PROJECT shall be as follows, subject to the not to exceed amount provided in Recital [-1below:
i. One hundred percent (100%) of costs associated with engineering design, hydrology and hydraulics, geo-technical analysisand potholingrequired to complete the design of PROJECT; and costs associated with the preparation of environmental documents, applicationsand obtaining the environmentalclearanceand permits required for PROJECT ("DESIGN CONTRIBUTION"); and
ii. One hundred percent (100%) of the lowest responsiblebid contract price for construction of PROJECT ("CONSTRUCTION
CONTRIBUTION"); and
iii. One hundred percent (l00%) of the cost associated with construction, surveying, compaction and material testing, inspection and construction management of PROJECT
("CONSTRUCTION ADMINISTRATION CONTRIBUTION");
and
Item Number: 2.

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H. Altogether, DESIGN CONTRIBUTION, CONSTRUCTION
CONTRIBUTION and CONSTRUCTION ADMINISTRATION CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION". TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total of Three Million Eight Hundred Thousand Dollars($3,800,000); and
I. The purpose of this Agreement isto memorializethe mutual understandings by and between CITY and DISTRICT with respect to the design, construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation,circulation and adoptionof all necessary and appropriateCEQAdocuments pertaining to the construction, operation and maintenanceof PROJECT.

2. Upon execution of this Agreement, issue a ?rst invoice to DISTRICT (Attn:

Special Projects Section) for ?fty percent (50%) of DESIGN CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

3. Prepare or cause to be prepared the necessary plans, bid documents and speci?cations for PROJECT, hereinafter called "IMPROVEMENT PLANS", in accordance with the applicableDISTRICT and CITY standards,and submit to DISTRICT (Attn: Special Projects - 3
_
Item Number: 2.

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Section) for its review, comment and approval prior to advertising PROJECT for construction bids. CITY shall not permit any change to or modi?cation of DISTRICT approved and CITY approved IMPROVEMENT PLANS without DISTRICT's prior written permissionand consent.

4. Issue a second invoice to DISTRICT (Attn: Special Projects Section) for the remaining ?fty percent (50%) of DESIGN CONTRIBUTION, after IMPROVEMENT PLANS have been signed by all Parties, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight HundredThousand Dollars($3,800,000) for PROJECT.

5. Prior to advertising PROJECT for public works construction contract, secureall necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertainingto PROJECT. Such documents may include, but are not limitedto, a Section 404 permit issued by the US. Army Corps of Engineers, a Section 401 Water Quality Certi?cation issued by the California Regional Water Quality Control Board (CRWQCB), a StreambedAlteration Agreement issuedby the California Department of Fish and Wildlife, and a National Pollutant Discharge Elimination System Permit issued by the State Water Resources Control Board or CRWQCBand Western Riverside County Regional ConservationAuthority ("REGULATORY PERMITS"). CITY shall also provideDISTRICT an opportunity to review, comment on and approve, as appropriate, all applications for REGULATORY PERMITS prior to submitting the application to the applicable regulatory agencies.

6. Ensure REGULATORY PERMITS, including any subsequent renewal or amendments thereto, will not (i) unreasonably impede DISTRICT's ability to perform all necessary Operationandmaintenance activitiesfor DISTRICT FACILITIES, as determined by DISTRICT, or (ii) include any stipulationsthat would result in additionalmitigationobligations being placed upon DISTRICT for maintenanceoperations within PROJECT's right of way. - 4 -
Item Number: 2.

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7. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operationand maintenanceof PROJECT.

8. Prior to advertising PROJECT for public works construction contract, secure all necessary rights of way, rights of entry and construction easements, and acquire all parcels necessary to construct, inspect, operate and maintain PROJECT ("ROW DOCUMENTS").

9. Keep an accurate accounting of all costs associatedwith CONSTRUCTION ADMINISTRATION CONTRIBUTION. The accounting for CONSTRUCTION ADMINISTRATION CONTRIBUTION should be included when invoicing DISTRICT for payment of CONSTRUCTION ADMINISTRATION CONTRIBUTION as set forth in Section

1.16. 10. Prior to awarding a public works construction contract for PROJECT, provide DISTRICT seven (7) calendar days following construction bid opening to review and approve or reject bids for constructionof PROJECT. DISTRICT may only reject bids found by DISTRICT to be unreasonably high.

11. Advertise, award and administer a public works construction contract for PROJECT of the bids pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of IMPROVEMENT PLANS and any subsequent addenda thereto.

12. [INTENTIONALLY DELETED]
l3. [INTENTIONALLY DELETED]

14. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITYhas awarded a public works construction contract for PROJECT. The written Item Number: 2.

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notice shall include CITY contractor's actual bid amounts for PROJECT, setting forth the lowest responsiblebid contract amount.

15. At the time of providing written notice of the award of a construction contract as set forth in Section [.14, issue a third invoice to DISTRICT (Attention: Special Projects Section) for the payment of CONSTRUCTION CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three MillionEight Hundred Thousand Dollars($3,800,000) for PROJECT. l6. At the time of providing written notice of the award of a construction contract as set forth in Section 1.14, issue a fourth invoice to DISTRICT (Attention: Special Projects Section) for the payment of CONSTRUCTION ADMINISTRATION CONTRIBUTION as speci?ed in Section [.9, subject to and providedthat TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

17. Furthermore, CITY shall be responsible to pay any amounts in excess of TOTAL DISTRICT CONTRIBUTION for PROJECT.

18. Prior to commencing construction of PROJECT, procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certi?cate(s) of insurance and original certi?ed copies of endorsements and, if requested, certi?ed original policies of insurance, including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certi?cate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICT's required insurance provided in Exhibit "B", attached hereto and made a part hereof. -6-
Item Number: 2.

Item Number: 2.

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19. Prior to commencing construction of PROJECT, schedule and conduct a mandatory pre-construction meeting between CITY, CITY'S construction manager, CITY'S constructioncontractor(s), DISTRICT and other affected entities. CITY shall notify DISTRICT (Attention: Special Project Section) in writing at least twenty (20) days prior to conducting the pre-construction meeting.

20. Prior to commencing construction of PROJECT, furnish DISTRICT with final mylar PROJECT plans and assign ownership of PROJECT plans to DISTRICT.

21. Construct or cause to be constructed PROJECT pursuant to a CITY administeredpublic works contract in accordance with IMPROVEMENT PLANS approved by DISTRICT and CITY.

22. Require its constructioncontractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning con?ned space and maintain a safe working environmentfor all CITY and DISTRICT employees on the site.

23. Relocate or cause to be relocated, at its sole cost and expense, all conflicting CITY owned utilities. CITY shall also order the relocation of all other utilitiesinstalledby permit or franchisewithin CITY rights of way which conflict withthe construction of PROJECT.

24. Inspect PROJECT construction or cause PROJECT's construction to be inspectedby its constructionmanager, and pay all costs associated therewith.

25. Upon completionof PROJECT construction and CITY's acceptance thereof, accept ownership operation and maintenance of CITY FACILITIES.

26. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY'SNotice of Completion.

27. Upon completion of PROJECT construction but prior to DISTRICT's acceptance of LINE C—lfor ownership, operation and maintenance, provide DISTRICT with Item Number: 2.

243022
appropriateengineering documentationnecessary to establish that LINE C-l was constructed in accordance with DISTRICT-approved and CITY-approved IMPROVEMENT PLANS.

28. Upon completion of PROJECT construction, but prior to DISTRICT acceptance of LINE C-l for ownership,operationand maintenance, CITY shall convey or cause to be conveyed to DISTRICT the flood control easement(s) or grant deed(s) of fee title, where appropriate, as deemed necessary by DISTRICTfor the operation and maintenance of LINE Cl. The easement(s) or grant deed(s) shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property(ies) described in the easement(s) or grant deed(s).

29. At the time of recordation of the conveyance document(s) as set forth in Section 1.28,furnish DISTRICT with policies of title insurance, each in the amount of not less than (i) fifty percent (50%) of the estimated fee value as determined by DISTRICT for each easement parcel to be conveyed to DISTRICT, or (ii) one hundred percent (100%) of the estimated value as determinedby DISTRICT for each fee parcel to be conveyed to DISTRICT, guaranteeing DISTRICT's interest in each fee parcel as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), and except those which in the sole discretion of DISTRICTare acceptable.

30. Keep an accurate accounting of all PROJECT costs and provide this accounting to DISTRICT with CITY'SNotice of Completion,as set forth in Section 1.26. The ?nal accounting of construction costs shall include a detailed breakdown of all costs to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS.

TOTAL DISTRICT CONTRIBUTION shall not exceed Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

31. Refund to DISTRICT,at the time of providing a Notice of Completion as set forth in Section 1.26,any unexpected portions of TOTAL DISTRICT CONTRIBUTION. _ 3 -
Item Number: 2.

111'," a.

Item Number: 2.

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SECTION II
DISTRICT shall:

I. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQAfor PROJECT.

2. Within thirty (30) business days of receiving ClTY's ?rst invoice to DISTRICT, pay CITY for ?fty percent (50%) of DESIGN CONTRIBUTION as set forth in Section 1.2,subject to and providedthat TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

3. Review the IMPROVEMENT PLANS in accordance with the applicable DISTRICT and CITY standards and approve IMPROVEMENT PLANS prior to advertising PROJECT for construction bids as set forth in Section 1.3.

4. Within thirty (30) business days of receiving CITY'S second invoice to DISTRICT, pay CITY for the remaining ?fty percent (50%) of DESIGN CONTRIBUTION following the signing of IMPROVEMENT PLANS as set forth in Section 1.4,subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred ThousandDollars($3,800,000) for PROJECT.

5. Review, comment and make a determination, as appropriate, on all applications for REGULATORY PERMITS prior to CITY submitting the applicationsto the applicable regulatory agencies as set forth in Section 1.5.

6. [INTENTIONALLY DELETED]

7. Within seven (7) calendardays following CITY'S public works construction bid opening, review and approve or reject bidsfor construction of PROJECT. CITY shall follow State law and its MunicipalCode related to public works contracts. DISTRICT may only reject bids found by DISTRICT to be unreasonably high. DISTRICT shall not unreasonably withhold approval of contract.

Item Number: 2.

Item Number: 2.

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8. [TNTENTIONALLYDELETED]

9. Within thirty (30) businessdays of CITY awarding PROJECT construction contract, pay the Coachella Valley Conservation Commission for the costs associatedwith the Multiple Species Habitat Conservation Plan, which is either the lesser of (i) three percent (3%) of the lowest responsible bid price, or (ii) three percent (3%) of lowest responsible bid price less the value of applicable project-speci?c mitigation. This amount is separate and apart from the $3,800,000 PROJECT amount.

IO. Within thirty (30) business days of receiving CITY'S third invoice to DISTRICT, pay CITY for CONSTRUCTIONCONTRIBUTION as set forth in Section 1.15, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three MillionEight HundredThousand Dollars ($3,800,000) for PROJECT.

11. Within thirty (30) business days of receiving CITY'S fourth invoice to DISTRICT, pay CITY for the CONSTRUCTION ADMINISTRATION CONTRIBUTION as set forth in Section 1.16, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars($3,800,000) for PROJECT.

12. Upon receipt of CITY'SNotice of Completion that PROJECT construction is substantially complete, conduct a ?nal inspectionof PROJECT.

13. Accept ownership and responsibility for the’operation and maintenance of LINE C-I once all of the following takes place: (i) DISTRICT's inspection of LINE C-l in accordance with Section 11.11., (ii) DISTRICT's acceptance of LINE C-l construction as being complete, (iii) DISTRICT's receipt of CITY'S recorded Notice of Completion as set forth in Section 1.26.,(iv) DISTRICT's receiptof appropriate engineering documentation as set forth in Section 1.27.,(v) DISTRICT's acceptance of all necessary rights of way, easements or grant deeds -10..

Item Number: 2.

.l.

Item Number: 2.

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as set forth in Section 1.28., and (vi) DISTRICT's receipt of policies of title insurance for the rights of way, easements or grant deeds as set forth in Section I.29.

SECTION [II
It is further mutually agreed:

1. Notwithstanding any other provision herein this agreement TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT and shall be used by CITY solely for the purpose of the design and construction of said PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modi?cations, extensions or repairs.

2. In the event the actual construction cost for PROJECT is less than CONSTRUCTION CONTRIBUTION, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.

3. In the event CITY'S construction contractor does not complete the construction of PROJECT in accordance with DISTRICT standards, CITY shall complete the PROJECT utilizing the bonds and insurances secured for PROJECT.

4. Prior to DISTRICT acceptance of Ownershipand responsibility for the operation and maintenance of LINE C-l, LINE C-l shall be in a satisfactorily maintained conditionas solely determined by DISTRICT. If, in the sole discretion of DISTRICT, LINE CI is not in an acceptable condition, corrections will be made at sole expense of CITY.

5. DISTRICT, the County of Riverside, the State of California or any of their duly authorized representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. CITY agrees to maintain such records for possible audit for a minimum of three (3) years after ?nal payment.

CITY agrees to allow the auditor(s) access to such records during normal businesshours and to - 1] -
Item Number: 2.

Item Number: 2.

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allow interviews of any employees who might reasonably have information related to such records.

6. CITY shall indemnify, defend and hold harmless, and require its constructioncontractor(s) to indemnify, defend and hold harmless, the RiversideCounty Flood Control and Water Conservation District, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, of?cers, Board of Supervisors, elected and appointed of?cials, employees, agents and representatives(individually and collectively hereinafter referred to as "lndemnitees") from any liabilitywhatsoever, based or asserted upon any acts, omissions or services of CITY or CITY'S construction contractor(s), its of?cers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including, but not limitedto, property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of CITY or CITY'S construction contractor(s), their of?cers, employees, subcontractors, agents or representatives ("Indemnitors") from this Agreement. CITY or CITY's construction contractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited to, attorney fees, cost of investigation, defense, and settlementsor awards, the Indemniteesin any claim or action based upon such allegedacts or omissions.

7. With respect to any action or claim subject to indemni?cation herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT and the County of Riverside; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY'S indemni?cationto Indemnitees as set forth herein.
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Item Number: 2.

Item Number: 2.

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8. CITY'S obligation hereundershall be satis?ed when CITY has provided to . DISTRICT and the County of Riverside the appropriate form of dismissalrelievingDISTRICT . and the County of Riverside from any liability for the action or claim involved.

9. The speci?ed insurance limits required in this Agreement shall in no way ; limit or circumscribe CITY'S obligationsto indemnify and hold harmless the Indemnitees herein from third party claims.

10. In the event there is conflict between this clause and CaliforniaCivil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such . interpretationshall not relieve CITY from indemnifying the Indemnitees to the fullest extent . allowed by law.

11. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

12. This Agreement is to be construed in accordance with the laws of the State 3 of California.

13. Any action at law or in equity brought by any of the Parties hereto for the :
purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of ‘ competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

14. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party. Any attempt to delegate or assign any interest herein shall-be 1deemed void and of no effect.
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Item Number: 2.

,,
,~V
Item Number: 2.

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15. This Agreement is made and entered into for the sole protectionand bene?t of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

16. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by ?rst class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF DESERT HOT SPRINGS AND WATER CONSERVATION DISTRICT 11-999 Palm Drive
1995Market Street Desert Hot Springs, CA 92240
Riverside,CA 92501 Attn: Daniel Porras
Attn: Contracts Services Section

17. This Agreement is the result of negotiations between theParties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or signi?cance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its ?nal form.

18. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach ofthe same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliancewith any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or stopping DISTRICT or CITY from enforcing this Agreement.

19. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's ?nancial contribution toward PROJECT as set forth herein. In the event that such funds are not forth coming for any reason, DISTRICT shall immediatelynotify CITY in writing. Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's noti?cation by CITY. -14-
Item Number: 2.

243022
‘20. This Agreement is intended by the Parties hereto as a ?nal expression of :their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and : contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modifiedonly upon the written consent of the Parties hereto.

21. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties, and no oral understanding or agreement not incorporatedherein shall be binding on eitherParty hereto.

22. Nothing in the provisionsof this Agreement is intended to create duties or obligationsto or rights in third parties not parties to this.

23. This Agreement may be executed inone or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirementsof the California Uniform Electronic Transactions :Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17) for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are :
intendedto authenticate this writing and to have the same force and effect as manualsignatures. 3Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETAas amended from time to time. CUETA authorizes use . of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identi?er, created by computer, - intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature -15-
Item Number: 2.

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is a type of "electronic signature" as de?ned in subdivision (i) of Section 1633.2 of the Civil :Code.
//
//
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Item Number: 2.

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IN WITNESS WHEREOF, the Parties hereto have executed this Cooperative Agreement on (to be ?lled in by Clerk of the Board)

RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By By
JASON E. UHLEY KAREN SPlEGEL, Chair
General Manager-Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

KEClA HARPER
COUNTY COUNSEL Clerk of the Board
By By
SARAH K. MOORE Deputy
Deputy County Counsel
(SEAL)
Funding Agreement w/City of Desert Hot Springs
Desert Hot Springs MDP, Line C-l, Stage I
03/29/22
RMUzblm
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Item Number: 2.

243022
RECOMMENDED FORAPPROVAL: CITY OF DESERT HOT SPRINGS
By Luke Rainey

LUKE RAINEY
City Manager
APPROVED AS TO FORM: ATTEST:

By Jennifer Mlzrahl By Jerryl Sorlano

JENNIFER MIZRAHI JERRYL SORIANO
City Attorney City Clerk
(SEAL)
Signature: WW Signature: %%7
Email: [email protected] Email: [email protected] Signature: W—Jerryl onano (May2.2022 12:19 PDT)
Email: [email protected]
9Funding Agreement w/City of Desert Hot Springs
9Desert Hot Springs MDP, Line C—l,Stage 1
303/29/22
RMUzblm
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Item Number: 2.

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FIRST AMENDMENT TO FUNDING AGREEMENT
Desert Hot Springs MDP – Line C-1, Stage 1
Project No. 6-0-00034
MS 205
This First Amendment to Funding Agreement ("First Amendment"), dated as of __________________, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic ("DISTRICT"), and the CITY OF DESERT HOT SPRINGS, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereby agree as follows:

RECITALS
A. DISTRICT and CITY have entered into that certain Funding Agreement dated June 7, 2022 DISTRICT's Board Agenda Item No. 11.1, hereinafter called "Original Agreement", to support the Desert Hot Springs MDP – Line C-1, Stage 1 project ("PROJECT"), which will mitigate ongoing residential and street flooding from the intersections of Deodar Avenue and Redbud Road to Panorama Drive and Calle Amapola in the city of Desert Hot Springs. PROJECT will also reduce the amount of sediment and debris that is transported from the northern properties to the southern properties and Hacienda Avenue, one of CITY’s main east to west streets.

B. Pursuant to Original Agreement, DISTRICT desired to contribute a total amount not to exceed Three Million Eight Hundred Thousand Dollars ($3,800,000) to CITY toward PROJECT.

C. Since the execution of the Original Agreement, PROJECT costs have increased, due to higher than anticipated design and construction costs. Therefore, due to mutual interests, CITY and DISTRICT now wish to increase DISTRICT’s total contribution from the previous not to exceed amount of Three Million Eight Hundred Thousand Dollars Item Number: 2.

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($3,800,000) to the new total not to exceed amount of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for the PROJECT.

D. Original Agreement together with the First Amendment are collectively referred to herein as "AGREEMENT. "
E. Section III.20 of Original Agreement specifies that any alternation or variation of terms are subject to the written consent of Parties thereto.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree to amend Original Agreement as follows:

1. RECITALS F of Original Agreement is hereby amended to read:
"DISTRICT is willing to provide Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) toward PROJECT. All excess costs shall be borne by CITY."

2. Last sentence in RECITALS H of Original Agreement is hereby amended to read:
"TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026); and"

3. SECTION I.2 of Original Agreement is hereby amended to read:
"Upon execution of this Agreement, issue a first invoice to DISTRICT (Attn: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT." Item Number: 2.

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4. SECTION I.4 of Original Agreement is hereby amended to read:
"Issue a second invoice to DISTRICT (Attn: Special Projects Section) for the remaining fifty percent (50%) of DESIGN CONTRIBUTION, after IMPROVEMENT PLANS have been signed by all Parties, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT."

5. SECTION I.15 of Original Agreement is hereby amended to read:
"At the time of providing written notice of the award of a construction contract as set forth in Section I.14, issue a third invoice to DISTRICT (Attention: Special Projects Section) for the payment of CONSTRUCTION CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT."

6. SECTION I.16 of Original Agreement is hereby amended to read:
"At the time of providing written notice of the award of a construction contract as set forth in Section I.14, issue a fourth invoice to DISTRICT (Attention: Special Projects Section) for the payment of CONSTRUCTION ADMINISTRATION CONTRIBUTION as specified
in Section I.9, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT."

7. Last sentence in SECTION I.30 of Original Agreement is hereby amended to read:

Item Number: 2.

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"TOTAL DISTRICT CONTRIBUTION shall not exceed Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT."

8. SECTION II.2 of Original Agreement is hereby amended to read:
"Within thirty (30) business days of receiving CITY’s first invoice to DISTRICT, pay CITY for fifty percent (50%) of DESIGN
CONTRIBUTION as set forth in Section I.2, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT."

9. SECTION II.4 of Original Agreement is hereby amended to read:
"Within thirty (30) business days of receiving CITY’s second invoice to DISTRICT, pay CITY for the remaining fifty percent (50%) of DESIGN CONTRIBUTION following the signing of IMPROVEMENT PLANS as set forth in Section I.4, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT."

10. Last sentence in SECTION II.9 of Original Agreement is hereby amended to read:
"This amount is separate and apart from the Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) PROJECT amount."

11. SECTION II.10 of Original Agreement is hereby amended to read:
"Within thirty (30) business days of receiving CITY’s third invoice to DISTRICT, pay CITY for CONSTRUCTION CONTRIBUTION as set forth in Section I.15, subject to and provided that TOTAL DISTRICT Item Number: 2.

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CONTRIBUTION shall not exceed the total amount of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT."

12. SECTION II.11 of Original Agreement is hereby amended to read:
"Within thirty (30) business days of receiving CITY’s fourth invoice to DISTRICT, pay CITY for the CONSTRUCTION ADMINISTRATION
CONTRIBUTION as set forth in Section I.16, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT."

13. SECTION III.1 of Original Agreement is hereby amended to read:
"Notwithstanding any other provision herein this agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Eight Million Eighteen Thousand Twenty-Six Dollars ($8,018,026) for PROJECT and shall be used by CITY solely for the purpose of the design and construction of said PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs."

13. Except to the extent specifically deleted, added to or amended herein, all of the terms, covenants and conditions of said Original Agreement executed on June 7, 2022 shall remain in full force and effect between Parties hereto.

14. This First Amendment shall not be binding or consummated until its approval by DISTRICT's Board of Supervisors and fully executed by Parties.

15. This First Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this First Amendment agrees to the use of electronic signatures, such as digital Item Number: 2.

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signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this First Amendment. The Parties further agree that the electronic signatures of the Parties included in this First Amendment are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time.

CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//
Item Number: 2.

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In WITNESS WHEREOF, the Parties hereto have executed this First Amendment on
.
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT,
By
JASON E. UHLEY
General Manager-Chief Engineer
a body corporate and politic
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

MINH C. TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board
By
NAME
Deputy County Counsel
By
Deputy
(SEAL)
First Amendment to Funding Agreement with City of Desert Hot Springs Desert Hot Springs MDP – Line C-1, Stage 1
Project No. 6-0-00034
Date: March 4, 2026
Item Number: 2.

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YC:blj
Item Number: 2.

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RECOMMENDED FOR APPROVAL: CITY OF DESERT HOT SPRINGS
By

DORIA WILMS
City Manager
APPROVED AS TO FORM: ATTEST:

By

JENNIFER MIZRAHI
City Attorney
By

JERRYL SORIANO
City Clerk
(SEAL)
First Amendment to Funding Agreement with City of Desert Hot Springs Desert Hot Springs MDP – Line C-1, Stage 1
Project No. 6-0-00034
Date: March 4, 2026
YC:blj
Item Number: 2.

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PUBLIC WORKS CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
WEKA, INC.

THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this 7th day of April, 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 "City," and Weka, Inc., a corporation, hereinafter referred to as "Contractor."

RECITALS
WHEREAS, the City desires to retain Contractor, on an independent contractor basis, to perform Line C-1 Storm Drain – City Project 6003 as more particularly described below; and
WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND

RELEASES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE

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

AGREEMENT

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

2. Project Information.
• Location: Calle Amapola South of Hacienda Avenue to Panorama Drive as depicted in Contractor’s proposal dated March 24, 2026, and attached hereto and incorporated herein as Exhibit “A” (“Scope of Services” or sometimes “Project”). In the event any conflict exists between this Agreement minus the Item Number: 2.

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Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.
• Project description, including significant materials to be used and equipment to be installed: upsizing the existing storm drain from 48 inches to 60 inches in diameter with a new headwall at the entrance of the storm drain and an improved outfall structure at the downstream end of the project, per plans and specifications, in the City of Desert Hot Springs, California, as set forth in the Scope of Services.
• License classification applicable to Project: Class A • Approximate start date: April 20, 2026 (estimated)
• Approximate completion date: December 28, 2026 (estimated) • Substantial completion of work evidenced by: Inspection and approval by City Staff.
• It is expressly agreed that except for extensions of time duly granted by the City, in writing, time shall be of the essence.

3. Contractor Information
• Address: 236 West Orange Show Road, Suite #114, San Bernardino, CA 92408 • License Number: 670100

4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until completion of performance and acceptance by the City, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors.

Contractor shall provide insurance on an occurrence, not claims-made basis.

Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance and acceptance by the City, commercial vehicle liability Item Number: 2.

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insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Unless Contractor has no employees and is exempt from worker’s compensation requirements, Contractor shall further procure and maintain at its expense, until completion of performance and acceptance by the City, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Project to do the same.

Worker’s Compensation Insurance:
• Contractor has no employees and is exempt from workers’ compensation requirements.
• Contractor carries workers’ compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an “A” policyholder’s rating or better and a financial rating of at least Class VII, in accordance with the current Best’s Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability Item Number: 2.

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posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or their officers, employees, servants, volunteers, agents and independent contractors.

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

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

Item Number: 2.

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6. Security
a. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a payment bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “B,” in an amount equal to Six Million Three Hundred Ninety-Two Thousand Three Hundred Sixty-Nine Dollars and No Cents ($6,392,369.00), as security of the payment of all persons performing labor and furnishing materials in connection with this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating. b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “C,” or deposit an amount with the City equal to Six Million Three Hundred Ninety-Two Thousand Three Hundred Sixty-Nine Dollars and No Cents ($6,392,369.00), as security for the faithful performance of this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating.
c. The surety on any and all bonds and the form thereof shall be satisfactory to the City Attorney.

7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed Six Million Three Hundred Ninety-Two Thousand Three Hundred Sixty-Nine Dollars and No Cents ($6,392,369.00) for the services rendered by Contractor pursuant to this Agreement, including profit, labor and materials.
b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount specified in the invoice within 30 days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.
c. Pursuant to Public Contract Code section 9203, the City shall retain no less than five percent of the compensation to be paid to Contractor which shall be Item Number: 2.

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released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.

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

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

9. Term
Contractor will perform the services set forth in the Scope of Services and in any approved change orders pursuant to section 1 of this Agreement, the term of which shall commence as of April 20, 2026, and shall expire one year following the City's acceptance of the work pursuant to this Agreement.

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

11. Civil Code Section 1542 Waiver
a. Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
b. This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and Item Number: 2.

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kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
_____
Initials

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

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

13. Warranty
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and fit for the purpose and intended use. Contractor shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which the City by reason of such defects reasonably suspects may also be defective. In the event of a failure to commence with the compliance of above-mentioned conditions within seven calendar days after being notified in writing or failure to diligently pursue such compliance to completion, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of Contractor who hereby agrees to pay the cost and charges therefor immediately on demand. b. If, in the opinion of the City, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to the City or to prevent interruption of operations, the City shall attempt to give the Contractor notice.

If Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determined by the City, the City may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against Contractor, who agrees to make payment for said costs upon demand. Corrective action by the City will not relieve Contractor or Contractor's sureties or insurers of the guarantees and indemnities of this Agreement.

Item Number: 2.

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c. This section does not in any way limit the City’s remedies available under the law, or the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee period.

Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantees or warranty certificates upon completion of the project. No manufacturer's guarantee period shall in any way limit the liability of Contractor or Contractor's sureties and insurers under the indemnity or insurance provisions of this Agreement.

14. Indemnification
a. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor, or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract.

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

If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Contract.

15. Default
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. b. The party which may claim that a default has occurred shall give written Item Number: 2.

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notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

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

17. Labor Laws, Prevailing Wages
a. All work or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America. b. Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Item Number: 2.

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c. Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid.

Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Contractor and any and all or its subcontractors shall forfeit to the City twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code. d. Contractor and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) or in a manner containing the same information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certified copy of all payroll records available for inspection by DLSE, the City or any member of the public and otherwise provide certified copies of such records Item Number: 2.

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to any of the foregoing within ten (10) days of Contractor’s and subcontractor’s receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h). e. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

18. Notices
a. Any notice to be provided pursuant to this Agreement shall be in writing, 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 Contractor: ____________________
____________________
____________________
____________________
____________________
____________________
____________________
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Item Number: 2.

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19. General Conditions
a. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
b. Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. c. Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. d. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. e. Litigation Expenses and Attorneys Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
g. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Contractor. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. h. Conflicts of Interest. Contractor covenants that it does not have any Item Number: 2.

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interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Contractor’s services under this Agreement. In the event the City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
i. Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 2.

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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
WEKA, INC.
_____________________________
Name, Title
Item Number: 2.

- 1 -
EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED PROPOSAL
DATED MARCH 24, 2026
Item Number: 2.

- 2 -
EXHIBIT “B”

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

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

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

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

Item Number: 2.

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Executed this _____________ day of __________________, 20___.

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

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

Item Number: 2.

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EXHIBIT “C”

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

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

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

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

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

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

Item Number: 2.

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Executed this day of , 20___.

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

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

Item Number: 2.

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Item Number: 2.

BIDDER’S PROPOSAL
FOR THE MDP Line C-l Storm Drain Improvement Project IN THE CITY OF DESERT

HOT SPRINGS, CALIFORNIA
it
DateMarchZLl 20 26
To the City Council of the
City of Desert Hot Springs:

The Undersignedhereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:
iAiLLKA In;
Umm?i Himle £355: Janiaé6150lm?iHzm/ /aWeWas: {Jami 132M 253? www—MamaN/A
(If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership,give the name under which the co—partnershipdoes business, and the names and addresses of all co-partners. If an individual, state the name under which the contract isto be drawn.) (b) That this bid proposal is made without collusion with any person, firm, or corporation.
(0) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions and makes this bid proposal solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Desert Hot Springs to him at the address furnished by him to the City of Desert Hot Springs when this bid proposal form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid proposal in accordancetherewith.
(i) That, if this bid proposal is accepted, he will enter into a written contract for the performance of the proposedwork with the City of Desert Hot Springs. 10 Item Number: 2.

BIDDER’S PROPOSAL
(g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantitieswhatever they may be.

Accompanying this bid proposal is a certi?ed or cashier s check or bi de ond, payable to the order of the City of Desert Hot Springs 1n the sum of L0'/ 0156) EN61:13 DOLLARS ($ ) Said bidder’s
bond has been duly executed by the undersigned bidde1 and by a ?nanciallysound surety company authorized to transact business 1n this state.

It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said cash, check, or bidder's bond, shall become the property of the City of Desert Hot Springs, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check or cash shall be returned to the undersigned, or the bidder will be released from the bidder’s bond.
235M 0m?51W;2A., sale,I111, [446)«Ll15-?’700
Address of Bidder Telephone of Bidder
54m{barberCi! n0 CA 911406 %/
City Zip Code Signature of Bidder
ll
Item Number: 2.

BID PROPOSAL FORM
MDP Line C—lStorm Drain Improvement Project

IN THE CITY OF DESERT HOT SPRINGS

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

MASTER DRAINAGE PLAN LATERAL C-l STORM DRAIN PROJECT # 6003 11:16:] Description Units 3:;ngdUnit Price Total Price
1 Mobilization,Demobilization,and Final LS 1 $2,41400000 :5}qu GOO/)0 Cleanup 2 I 2 Water Control LS 1 ll6:000. .0O ??O/Jo. 0 Q
3 Traf?c Control System LS 1 ?g?00 O. 00 ?gO,09(100
4 Clearing and MiscellaneousWork LS l $75]ng‘ ()0 135,5; 2 00 5 Trench Safety System LS l ?qffl 25O. 00 ?l—l?l 250, 00 6 Class A Concrete, Inlet Structure LS l W[IQ000. 00 W[0/000.00 7 Transition Structure No. 1 EA 1 5325’ 000. 00 525, 00/1 ()0 8 Transition Structure No. 3 EA 5 m0,(DO. (>0 3750/ 00. 00 9 Junction Structure No. 2 EA 5 ?g:000. of) $30,030.00
10 Manhole No.2 EA 8 5,515,000.00 3426, 00/) 0Q
11 Manhole No. 4 EA 4 N7,(DO. 00 “52%, 000 ()0
12 32;,was:remark LP We, .00 W750no
Item Number: 2.

MASTER DRAINAGE PLAN LATERAL C—lSTORM DRAIN PROJECT # 6003 Item . . . Estimated . . . No. Description Units Quantity Unit Prlce Total Prlce 13 30" RCP 2000D (includes earthwork and [—
paylines per RCFC Std. Dwg. M815) LP 25 576200’) 114530 O-00 14 36" RCP 2000D (includes earthwork and
paylines per RCFC Std. Dwg. M815) LF 260 £1)53000 @165, {500-00 15 54" RCP 2000D (includes earthwork and
paylines per RCFC Std. Dwg. M815) LF 1245 g;Q70-00 363%) ‘60'00 16 60" RCP 2000D (includes earthwork and .
paylines per RCFC Std. Dwg. M815) LF 2825 5760-00 K12, 142,200. ”C 17 CLSM Paylines within Trench CY 3105 371110. 00 11555! 400.00 Class A Concrete, Catch Basin per City
18 of DSH Std. Dwg. 300, W=28' (includes EA 4 11253, 000. 00 119157, 000.00 gutter dearession)
Class A Concrete, Catch Basin per City
19 ofDSH Std. Dwg. 300, w=2r (includes EA 2 E25, 009. OO 35’)m9. of) gutter depression)
Class A Concrete, Combination Catch
20 Basin per City ofDHS Std. Dwg. 301, EA 5 117%000 ()0 31145, 000 0’3 W=28' (includes gutter depression) /
Class A.Concrete, Combination Catch
21 Basin per City of DHS Std. Dwg. 301, EA 6 £732,000. 00 $142,000no W=21' (includes gutter depression)
Class A Concrete, Combination Catch
22 Basin per City of DHS Std. Dwg. 301, EA 1 311222, 090-00 5122(000- 00 W=l4' (includes gutter depression)
23 Class A Concrete, Drop Inlet per - RCFC&WCD Std. Dwg. CB110 EA 1 $325000 00 £7260’30-“0 24 Class B Concrete, Curb Transition per
City of DHS Std. Dwg. 204 LF 160 ii?70-00 £211,200-9
25 Class A Concrete, Pipe Anchor per 0 SPPWC 221-2 EA 4 1191000 00 11216,. 00"” 26 Class A Concrete, Concrete Collar per
RCFC&WCD Std. Dwg. M803 EA 4 “(2150”00 15210109000
27 CLSM Support between utility and O O
‘ . Proposed SD (T: 6" min) BA 35 £765' ' 0 52292750 00 28 Back?lluw1th concrete Slurry entire. CY 65 $250. 00 £115250(30 trench 4 mm and 12 max above pipe ’
l3
Item Number: 2.

MASTER DRAINAGE PLAN LATERAL C-l STORM DRAIN PROJECT # 6003 Item . . . Estimated . . . No. Descrlptlon Units Quantity Unit Price Total Price 29 Class B Concrete, Gutter Reconstruction
per City ofDHS Std. Dwg. 308 LF 150 B20000?tlzlom' OO
30 Grind Existing Pavement (017' Min) SF 124000 f?0%, ?Ll?l?éaoo 31 Aggregate Base, Class 2 (No.4) CY 1340 $75m $109,500. 00 32 Hot Mixed Asphalt TON 2937 3?[010.00 in)“,V6000
33 Replace AC with 6-Inch thick concrete
with #4 @ 18" o.c. E.W CY 13 ll?‘1500- O0 S“51,500. 00
34 Rock Slope Protection Class I (Rip Rap — 1' Thick for Drop Inlet) CY 6 @10900 ? l?m OO 35 Concrete for Grouted Ri Ra (2.7'
Thick)
p p CY 13 $2775. 00 523,575. 00
36 1/4 Ton Rock Slope Protection ~ Class V -. (Rip Rap -2.7' Thick) CY 145 MOO00 $24,000. 00 37 Rock SlopeProtection Fabric, Class 8 SY 161 ?ll 00 ?ll@5200 38 Construct Cable Railing per Caltrans Std.

Plan B1 147 LP 25 {62250. OO 0%, 2‘5O.00
39 Class B Concrete, Construct Curb and
Gutter per City of DHS Std. Dwg. 200 LP 24 5’75- OO whim-00 40 Relocate 1-inwater Service per MSWD
Std W—09and detail on sheet 23 EA 6 31an 000‘ 00 532241000 00 41 Relocate 8—1nwater llne per deta11on EA 1 6252500.00 $32500'0 0 sheet 23 I ) 42 Reconstruct Sewer Lateral per SPPWC
Std. EA 7 5??)000. OD ‘622l 00 O, 00 223-2 I !
Reconstruct 4-in Sewer Lateral per detail
43 on sheet 23 (including (2) 48" manholes LS 1 ?LlO, 000. 00 36140! 000. ()9 as well as additional and back?ll)
44 Class B Concrete, Construct 1' wide 6' L
deep cutoff wall LF 162 5?‘20(Y) £2;ij(HQ 00
Class A Concrete, Construct 10' High . 45 Type 5 (Case 1) RetainingWall per LP 30 5?],050- 00 5755,00-09 Caltrans Std B3—4A
14 Item Number: 2.

MASTER DRAINAGE PLAN LATERAL C-l STORM DRAIN PROJECT # 6003 Item . . . Estimated . . . No. Description Units Quantity Unlt Prlce Total Price 46 Class B Concrete, Construct 1'wide LF 104 . 3' deep cutoff wall is?”70.0 O m6!7Z00/) 47 Install Metal Hand Railing per SPPWC V Std. 606-5 LF 30 530000 M,000.00 48 Dust Abatement EA 1 633’ 000. 00 166/300. .0 0
50 Stormwater and Non—Stormwater
Pollution Control (SWPPP) LS 1 )5]IO,000' 00 ?y)!000‘ DO TOTAL BID Price In Digits s 6,542/3be.0 0
Total Bid Prince In Words 51XMill/on797mg, iii/mired Mime/ i?’iwo
?int/jam! ?vmehmtire/léi?jjt’l/lil??
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid proposal and the acceptance thereof may be considered null and void.

Signature of bidder /-// W
(If an individual/54:1: If a ?rm or co—partnership,state the ?rm name and give the names of all individual co-paitners composing the ?rm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof.) men1,, ‘01,, JHui,amt/W
Tani”Hlmia, Vcedazzled ,é §Wé+arb Tmsvmné» Mat‘?j“:N/A
135WOwna dimM,mile”4 5M?gmgrA/mCA31005
Business Add‘ SS (4047~ 41%W100
TelephoneNumber
Dated: M?j’f?ZL1 ,20QQ
15 Item Number: 2.

SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned, bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the construction of the work or improvement in an amount in excess of one—half(1/2) of one percent (1%) of the General Contractor’s total bid, and, the portion of the work which will be done by each subcontractor.

Specific Description of SubName Under Which Sub- License DIR Address of Of?ce Contract Work and Portion of Contractor is Licensed Number Number Mill or Shop the Work M+beCorpot’iloh Ham6w nH’adm/ ‘foo’ il?lm'l’l/m/lll'nh M:Hz QWHlat)! 0/1?:Yt/i’Zm/M' ?rm/(241116 Wave661,after}7111 forMon/m0V) él/(W/M Manhole, ?X/Iidaf? J?lm?a?w ?i’i’qclmd 7A0)” imLorl'Ol/I ?W?LUgé? If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibitedby provisions of the California Government Code.) Martin2%)Z015' wig; «THC
Dated
MMBidder Signature
S.igna ture
l6
Item Number: 2.

Item Number: 2.

Customer Account Lookup List Page 1
ReportTitle: Customer Account Lookup List
Run Dateand Time: 2026-03-25 07:22:33 Paci?c DaylightTime Run by: Alyssa Himle
Table name: x_cd0i2__csm_portal_customer_account__|ookup Query Condition: Contractor Status in (DIRApproved, Pending, Registration Expired) ANDType = Contractor AND Keywords = 1000003100 Sort Order: Registration End Date in descending order
Value of property glide.pdf.max_rows must be less or equal than (5,000). Defaultmax rownumber applied (1.000) 1 Customer Account Lookups
v
.

Legal Entity Nam Doing Business Business Structu Contractor Statu Registration Star As (DBA) re s
, tDate‘ ‘
, Registration End
’
'
v . .
7 , Date -
1000003100 ON POINT LAND ON POINT LAND DIRApproved 2025-07-01 2028-06-30

SURVEYING, SURVEYING,
INC. INC.

Run By :Aiyssa Himle 2026-03-25 07:22:33 Paci?c DaylightTime Item Number: 2.

LXKE‘soRVEYlne[Na
1906 Orange Tree. Lane, Suite 240 Redlands, California 92374 (909')792-2221, (909) 784-1836fax
[email protected]
www.cmpointlandSurveying.com
03/24/202
RE: Master Drainage Plan 01 Storm DrainImprovement, Desert Hot Springs Projeotii: 6003
CARB- CAAirResourcesBoard
Certi?cationof-Compliance: l hereby certify that our companyisfamiliar with‘therequirements ofCaliforniaCocleof Regulations (CCR)Title 13 sections 2449,2449.1, and 2449.2, ln—UseOffRoadDieselFueled Fleet Regulation (Off-ROadRegulation)Compliance (CARE),and that ' Contractorshall comply with these requirements:
i hereby certify that our workon the MasterDrainage Plan(Fl Storm DrainImprovement, DesertHotSprings Project does not involvethe use of vehiclessubject to the CARElmUse Off~ RoadDiesel-FueledFleets requirements.

Contractor Comp ny Na a?h?“My SUWEL ll “’10.

Signature:

Print Name:WWW.”
Date: 08.115120le
Item Number: 2.

Customer AccountLookupList
Report Title:

Run Date and Time:

Run by:

Table name: Query Condition:

Sort Order:

Customer Account Lookup List
2026-03-25 07:21:41 Paci?c DaylightTime
Alyssa Himle
x~cdoi2_csm_portal_customer_account_iookup
Contractor Status In (DIR Approved. Pending, Registration Expired) ANDType = Contractor ANDKeywords = 1000012259 Registration End Date in descending order
Value of propertyglide.pdf.max_rows must be less or equal than (5,000).Defaultmaxrownumberapplied (1,000) Legal Entity Nam Doing Business
As (DBA)
1 Customer Account Lookups
V
Business Structu Contractor Statu
re S Registration Star
t Date Registration End
Date
1000012259 MANHOLE

BUILDERSINC
Run By: Alyssa Hlmle

MANHOLE

BUILDERSINC
Corporation - C
corp
DIRApproved 2025—07—01 2027-06-30
2026—03-2507:21:41Paci?c DaylightTime
Item Number: 2.

LICENSE# 831892 — DIR#1000012259 TEL:951-681—0610A. 91-6851-068 February 27, 2024
Re: Carb Off—RoadRegulation Requirements
To WhomIt May Concern,
This letter serves as con?rmation that ManholeBuilders does not fall under the requirements of the “In-Use Off-Road Diesel—FueledFleets Regulation” outlined by the CaliforniaAir Resources Board, and as such MBI is excluded from the requested compliancerequirements.

This CARB regulation appliesto off-road diesel vehicles 25 horsepower or greater. Manhole Builders does not own or operate any equipmentthat falls under this category. All MBI diesel equipment quali?es as on-road vehicles and are under the applicableCARB regulations for highway—usevehicles,such as our knuckle boom crane trucks and pickup trucks.

If any acknowledgement or certi?cation is needed from Manhole Builders we can promptly provide it, given that Manhole Builders has equipment under the requested compliance parameters. Please contact Estimatingnghbuilders.net or Jay @ 951-903-3294 if any information is needed.
@WK
Eric Hundley
President
BillingAddress:11762 De Palma RdSte 1-CPMB234
Corona CA92883
Item Number: 2.

Customer Account Lookup
Report Title:

Run Dateand Time:

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List Page 1
Customer Account Lookup List
2026-03-25 07:20:15 PacificDaylightTime
Alyssa Hlmle
xgcdoi2=csm=portal?customer_account_|ookup
Contractor Status in (DIRApproved,Pending, Registration Expired) ANDType = Contractor AND Keywords = 1000004260 Registration End Date in descending order
Value ofproperty glide.pdf.max_rows must be less or equal than (5,000). Defaultmaxrownumber applied (1,000) 1 Customer AccountLookups
V
Legal Entity Nam Doing Business Business Structu Contractor Statu Registration Star _ _ As Registration End (DBA) t Date Date
1000004260 Matich Matich DlRApproved 149783 2025-07—01 2028-06-30 Corporation Corporation
Run By :Alyssa Hlmle 2026-03-25 07:20:15 Paci?c DaylightTime Item Number: 2.

Item Number: 2.

Item Number: 2.

CONTRACTOR’SINDUSTRIALSAFETYRECORDFORM
Bidder’s Name WEVAINC,
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that anyprincipal of the bidder participated in as a principal or ownerforthe last four calendaryears and the current calendaryear priorto the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluatingthe safety record. An explanation must be attached ofthe circumstances surrounding any and all fatalities. to anotherjob or
termination of
employment
Current
Year of 2025 2024 2023 2022 2021 Total
Record
95 af3123/26
Number of
9 39 44 43 51
contracts ' 43 229
Total dollar amount
of contracts (in
thousands of 6,149,129.00 65,536,97800 51,341,095.00 $8,459,778.00 39,181,444.00 26,474,586.00 247,143,010.00 dollars)
Number of 0 0 0 0 0 0 0
fatalities
Number of lost
workday cases
Number of lost
workday cases
involving
0 0
permanent transfer 0
0 0 0 0
*The information required for these items is the same as required for columns 3 to 6, Code 10, OccupationalInjuries, Summary - Occupational Injuries and Illnesses,OSEA No. 102.

Item Number: 2.

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

Signature: % SignaW
V V0 V VVVVVngg
VVVVV Dateivlarfiv 2419:2015DataM?rfh ZLW” Z025
Item Number: 2.

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar workWit? the past two years.

1. ?sa?a5mal’i‘achtd gnaw[(6%
Name and Address of Owner
Primary Contact Name, Email, and Telephone Number
Second Contact Name, Email, and TelephoneNumber
Contract Amount Type of Work Date Completed

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

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

Name and Address of Owner
Primary Contact Name, Email, and TelephoneNumber
Second Contact Name, Email, and TelephoneNumber
Contract Amount Type of Work Date Completed
. The following are the names, addresses, and telephone numbers for all brokers and sureties from WhomBIDDER intends to procure insurance bonds:

Md 5wAQJMWM jam/rangCola/warm
?t?)00Arbm6le503%Lloo MNMW
9600892 9505‘?)PL:[4613466445500
19 Item Number: 2.

PUBLIC WORKS CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this day of , 20 , by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as "City," and , a , hereinafter referred to as ”Contractor."

RECITALS
WHEREAS, the City desires to retain Contractor, on an independentcontractor basis, to construct public improvements associated with the Master Drainage Plan Line C-l Storm Drain Project Number 6-0-00034-01 as more particularly describedbelow; and WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES

AND RELEASES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE

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

AGREEMENT

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

2. Project Information.
0 Location: as depicted in Contractor’s proposal dated , 20_, and attached hereto and incorporatedherein as Exhibit “A” (“Scope of Services” or sometimes “Project”). In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.
0 Project description, including significant materials to be used and equipment to be installed: , in the City of Desert Hot Springs, California, as set forth in the Scope of Services.
0 License classi?cation applicableto Project:
20 Item Number: 2.

0 Approximate start date:
0 Approximatecompletion date:
6 Substantial completionof work evidenced by: Inspection and approval by City Staff. 0 It is expressly agreed that except for extensions of time duly granted by the City, in writing, time shall be of the essence.
o The parties agree that the speci?cations, standards, and procedures set forth in the 2015 Greenbook: Standard Speci?cations for Public Works Construction (“Greenbook”)shall govern the completion of the Project, and to such extent the Greenbook is incorporated herein by this reference; provided, however, in the event any con?ict exists between this Agreement and the Greenbook, this Agreement shall supersede unless otherwise required by law.

3. Contractor Information
0 Address:
0 LicenseNumber:

4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until expiration of the term of this Agreement as de?ned in Section 9, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its of?cers, employees, servants, volunteers and agents and independentcontractors. Contractor shall provide insurance on an occurrence, not claims—madebasis. Contractor acknowledges and agrees that, for purposes of clari?cation with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period.
b. Contractor shall further procure and maintain at its own expense, until expiration of the term of this Agreement as de?ned in Section 9, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its of?cers, employees, servants, volunteers and agents and independentcontractors in performing the services required by this Agreement.

0. Unless Contractor has no employees and is exempt from worker’s compensation requirements,Contractor shall further procure and maintain at its expense, until expiration of the term of this Agreement as de?ned in Section 9, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the 21 Item Number: 2.

California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similar statute, as respecting the City, and to require any and all subcontractorsand any other person or entity involved in the Project to do the same.

Worker’s CompensationInsurance:
0 Contractor has no employees and is exempt from workers’ compensation requirements. 0 Contractor carriesworkers’ compensationinsurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an “A” policyholder’s rating or better and a ?nancial rating of at least Class VII, in accordance with the current Best’s Ratings. e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers, or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage requiredherein, at minimum,and name as additional insureds the parties to this Agreement. The contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirementsof this Section.
f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorizationto terminate the coverages following the City’sreview and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirementsherein, or to obtain and ensure that the coverage required herein is maintained by any subcontractorsor others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or their of?cers, employees,servants, volunteers, agents and independentcontractors.

5. Insurance Documentation
a. Contractor shall provide certi?cates of insurance with original endorsementsto the City as evidence of the insurance coverage required herein. Certi?cates of such insurance shall be ?led with the City on or before commencement of performance of this Agreement.

Contractor shall ensure that the most current certi?cation of insurance shall be delivered to and retained by the City at all times until expiration of the term of this Agreement as de?ned in Section 9.
22 Item Number: 2.

b. Notwithstanding any inconsistentstatement in any required insurance policies or any subsequent endorsements attached thereto, the comprehensive general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its of?cers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full bene?t of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitationto the bene?ts conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required,insurance policies to waive all rights of subrogation against the City, and their of?cers, employees, servants, volunteers,agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by either party, or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with at least thirty (30) days prior written notice of said cancellation,non-renewal, or reduction,with the exception that only ten (10) days prior written notice shall be required in the event of cancellation for nonpayment of premium. e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributingbasis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and their of?cers, employees,servants, volunteers, agents and independentcontractors.

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

C. The surety on any and all bonds and the form thereof shall be satisfactoryto the City Attorney.
23 Item Number: 2.

d. The payment bond shall remain in force and shall not be released until at least seven (7) months after the date of recordation of the Notice of Completion or Notice of Acceptance, whichever occurs ?rst. The performance bond shall remain in force until at least (1) year after the date of ?nal acceptance of the Project, unless the City determines,in its sole and absolute discretion,to release the Performance Bond earlier and noti?es Contractor of the same in writing.

7. Compensation; Payments
a. Contractor shall be paid compensationnot to exceed Dollars and No Cents ($ bfor the servicesrendered by Contractor pursuant to this Agreement, includingpro?t, labor and materials,in accordancewith the Scope of Services. b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount speci?ed in the invoice within 30 days of receipt by the City, provided that the services re?ected in the invoice were performed to the reasonable satisfaction of the City in accordancewith the terms of this Agreement. b. Pursuant to Public Contract Code section 9203, the City shall retain no less than ?ve percent of the compensation to be paid to Contractor which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.

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

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

10. Independent Contractor
24 Item Number: 2.

Contractor shall at all times during the term of this Agreement perform the services described in this Agreement as an independentcontractor and hereby waives any claims for any compensationor bene?ts afforded to City employees and not to independentcontractors.

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

Initials

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

13. Warranty
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and ?t for the purpose and intendeduse for a duration that shall continue until expiration of the term of this Agreement as described in Section 9, or the longest period permitted by law, whichever is later. If any defects in materials or workmanshipbecome evident prior to expiration of the warranty granted in this Section, the Contractor shall, at its own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the this Agreement. Contractor shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which the City by reason of such defects reasonably suspects may also be defective.

In the event of a failure to commence with the complianceof above-mentionedconditions within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion,the City is hereby authorized to proceed to have the defects repaired ‘25
Item Number: 2.

and made good at the expense of Contractor who hereby agrees to pay the cost and charges therefor immediatelyon demand.
b. If, in the opinion of the City, nonconformingwork creates a dangerous condition or requires immediate correction or repair to prevent further loss to the City or to prevent interruption of operations, the City shall attempt to give the Contractor notice. If Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determinedby the City, the City may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against Contractor, who agrees to make payment for said costs upon demand. Corrective action by the City will not relieve Contractor or Contractor's sureties or insurers of the guarantees and indemnities of this Agreement.

0. This section does not in any way limit the City’s remedies available under the law, or the guarantee or warranty on any items for which a longer guarantee is speci?ed or on any items for which a manufacturer or supplier gives a longer guarantee or warranty period.

Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantees or warranty certi?cates upon completion of the Project. No manufacturer's guarantee period shall in any way limit the liability of Contractor or Contractor's sureties and insurers under the indemnity or insuranceprovisions of this Agreement.

14. Indemnification
a. Contractor shall defend, indemnify and hold harmless the City, their of?cers, of?cials, 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 and expenses in connection therewith) arising out of the performance of this Agreement, except for any such claim arising out of the sole or active negligence or willful misconduct of the City, or their of?cers, agents, employees or volunteers.
b. If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its of?cers, officials, employees, agents and volunteersto the same extent as Contractor is required in the preceding paragraph. c. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the depositwith the City, of any insurance policy or certi?cate required pursuant to this Agreement. The hold harmless, indemni?cation 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 describedherein. d. Notwithstanding the foregoing provisions of this section, Contractor shall not be responsiblefor damages or be in default or deemed to be in default by reason of delay caused by strikes,lockouts, accidents,or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Contractor’s work promptly, or by reason of delay or faulty 26 Item Number: 2.

performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Contractor’s control,or for which Contractor is without fault. c. This section shall survive termination or expiration of this Agreement.

15. Default
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within.?fteen days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemedto 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 speci?ed herein.

0. 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 associatedwith a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than ?fteen days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiatinglegal proceedings.

16. Licenses,Certifications and Permits
Contractor represents that it has obtainedand will maintain at all times during the term of this Agreement all professional and/0r business licenses,certifications and/or permits necessary for performing the services described in this Agreement.

17. Labor Laws:Prevailing Wages
a. All work or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractorsand its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumentedworkers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America.
b. Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment 27 Item Number: 2.

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

0. Contractor and all of Contractor’s subcontractors,if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeshipor other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the CaliforniaDepartment of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htmand are on ?le at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors,if any, aware of the determination. As the wage determinationfor each craft re?ects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid. Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer,workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractorunder him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Contractor and any and all or its subcontractorsshall forfeit to the City twenty—fivedollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendarweek in violation of the provisions of Section 1813 of the Labor Code. In the event the total cost of the Project is thirty thousand dollars ($30,000.00) or more, Contractor shall further comply with provisions set forth in Labor Code Section 1777.5pertaining to employment of properly registered apprentices, including without limitation the obligation to (i) pay employed apprentices the prevailing rate of per diem wages for apprenticesin the trade to which he or she is registered and shall be employed only at the work of craft or trade to which he or she is registered; (ii) employ apprentices in at least the ratio as set forth in said section; (iii) submit contract award information to an applicable apprenticeship program; and (iv) contribute to California ApprenticeshipCouncil.
28 Item Number: 2.

d. Contractor and all subcontractorshired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security number, work classi?cation, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) or in a manner containing the same informationas the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be veri?ed by written declaration made under penalty of perjury, that the informationcontained in the records is true and correct. Contractor and any and all subcontractors shall make a certi?ed copy of all payroll records available for inspection by DLSE, the City or any member of the public and otherwise provide certi?ed copies of such records to any of the foregoing Within ten (10) days of Contractor’s and subcontractor’sreceipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordancewith Labor Code Section 1776(d) and (h).

6. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors and subcontractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be quali?ed to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. The Project is subject to compliance monitoring and enforcementby the Department of "IndustrialRelations. In accordance with Section 3700 of the Labor Code, Contractor must secure payment of compensationto all Contractor’s employees.

Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor,Contractor shall obtain proof that all such subcontractorshave also registered with the Department in accordance with Section 1725.5.

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

To the City: City Engineer
City of Desert Hot Springs
65-950 Pierson Blvd.

Desert Hot Springs, CA 92240
Telephone: (760) 329—6411
Facsimile: (760) 288—3129
To Contractor:
29 Item Number: 2.

0. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

19. General Conditions
a. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
b. Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordancewith California law.
c. Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party.
(1. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcementaction related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
e. Litigation Expenses and Attorney’s Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemedto be an original.
g. Entire Agreement. This Agreement contains all the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Contractor. Each party to this Agreement acknowledges that no representations, inducements,promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this 30 Item Number: 2.

Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
h. Con?icts of Interest. Contractor covenants that it does not have any interest,nor shall it acquire an interest, directly or indirectly, which would con?ict in any manner with the performance of Contractor’s services under this Agreement. In the event the City of?cially determines that Contractor must disclose its ?nancial interests by completing and ?ling a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall ?le the subject Form 700 with City Hall, as speci?ed under the Notice provisions of this Agreement, pursuant to the written instructionsprovided by the City. i. Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination,Contractor shall be entitled to compensation for services performed up to the effective date of termination. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
31 Item Number: 2.

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

CITY OF DESERT HOT SPRINGS
Charles Maynard, City Manager By Its:

ATTEST:

Jerryl Soriano,CMC, City Clerk
APPROVED AS TO FORM:

Jennifer A. Mizrahi, City Attorney
"N:\DHSO\0008-01 Public W0rks\F0rms\5001 - Public Works Construction Agreement Prevailing Wage with Bonds (8.3.17).docx" 32 Item Number: 2.

EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED PROPOSAL
DATED
33 Item Number: 2.

EXHIBIT “B”

PAYMENT BOND
(Public Work — Civil Code 3247 et seq.)
The makers of this Bond are as
Principal and Original Contractor and , a
corporation, authorizedto issue Surety Bonds in California,as Surety, and this Bond is issued in conjunctionwith that certain public works contract dated betweenPrincipal and a public entity, as Owner; for the BOND is one hundredpercent (100%) of said sum. Said contract is for public work generally consisting of
The bene?ciaries of this Bond are as stated in 3248 of Civil Code and the requirements and conditionsof this Bond are as is set forth in 3248, 3249, 3250 and 3252 of saidCode. Withoutnotice, Surety consents to extension of time for performance, change in requirements, amount of compensation, prepayment under said contract Dated _ OriginalContractor- Principal
By
Surety
By Title
(If corporation — af?x seal)
(Corporate Seal)

STATE OF CALIFORNIA

COUNTY OF ) SS SURETY'S ACKNOWLEDGMENT
On before me personally appeared
known to me to be the person whose name is subscribedto the within the instrumentas attorney in fact of , a corporation,and acknowledgedthat he
subscribedthe name of said corporationthereto,and his own name is its attorney in fact.

Notary Public (Seal)
Riverside County Counsel
ApprovedForm l~9-74
34 Item Number: 2.

EXHIBIT “C”

PERFORMANCE BOND
Recitals: 1.
(Contractor)
has entered into an Agreement dated with
for construction of public work known as
(Project)

2. , a
corporation (Surety), is the Surety under this Bond Agreement:

We, Contractor, as Principal, and Surety, jointly and severally agree, state, and are bound unto Owner, as obligee, as follows:

1. The amount of the obligation of this Bond is 100% of the estimated contract price for the project of $ and insuresto the benefit of Owner.

2. This Bond is exonerated by Contractor doing all things to be kept and performed by it in strict conformance with the Contract Documents for the Project, otherwise it remains in full force and effect for the recovery of loss, damage and expense of Owner resulting from failure of Contractor to so act. All of said Contract documents are incorporated herein.

3. This obligation is binding on our successors and assigns.

4. For value received. Surety stipulates and agrees that no change, time extension, prepayment to Contractor, alteration or addition to the terms and requirements of the Contract Document or the work to be performed thereunder shall affect its obligations hereunder and waives notice as to such matters, except the total contract price cannot be increased by more than 10% without approval of Surety.

THIS BOND is executed as of
Date
By By
By Type Name
Its Attorney in Fact “Surety”
Title
Contractor
Note: This Bond must be executed by both parties with corporate seal affected. All signaturesmust be acknowledged. (Attach acknowledgments)
35 Item Number: 2.

AFFIDAVIT FOR CO—PARTNERSHIP FIRM

STATE OF CALIFORNIA )
)ss

COUNTY OF )
, being ?rst duly sworn, d!
That he is a member of the co—partnershipfirm designated as which is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said, bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.

That he has been and is duly vested Withauthority to make and sign instrumentsfor the co—partnershipby
Whoconstitute the other members of the co-partnership.

Signature
Subscribed and
sworn
‘
(af?rmed) to
before me this
day of , 20
Signature of Officer AdministeringOath
(NOTARY PUBLIC)
36 Item Number: 2.

AFFIDAVIT FOR CORPORATION BIDDER

STATE OF CALIFORNIA )
)ss
COUNTY OF 5%[5mmAm2 )
Qamdl l’ilmlb
,being ?rst 1y sworn, de oses and says:

That he is P‘e?i? AG,CéCEO
(ALEKAE
a corporationwhich is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.
1gnature ' MW: sworn
(af?rmed) ef "e me
this
Signature of'O'f?cer Administering Oath
(NOTARY PUBLIC)
37 of,
Item Number: 2.

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of San Bernardino
Subscribed and sworn to (or affirmed) before me on this 24th day of March , 20 26 , by Jared Himle
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
. r “(K - . a.‘R
'35.}.

Notary
KARI
Puullc
SAPUTO
- California E
3 ; San Bernardino County E
21;,I Commission I; 2457160 “ 1 MyComm.ExpiresAug 1, 2027 i ,1 (Seal) Signature WWW011?)
Item Number: 2.

AFFIDAVIT FOR INDIVIDUAL BIDDER

STATE OF CALIFORNIA )
)ss

COUNTY OF )
, being ?rst duly sworn, deposesand says:

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

Signature
Subscribed and sworn
(affirmed) to before me
this
day of , 20
Signature of'OT?cer Adminlsterlng Oath
(NOTARY PUBLIC)
38 Item Number: 2.

AFFIDAVIT FOR JOINT VENTURE

STATE OF CALIFORNIA )
COUNTY OF 383
, being first duly sworn, deposes and says:

That he is of,
9 one of the parties submitting the foregoing bid proposal as a joint venture and that he has been and is duly vested with the authority to make and Sign instrumentsfor and. on behalf of the parties making said bid proposal who are:
7 that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.

Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(NOTARY PUBLIC)
39 Item Number: 2.

BIDDER’S BOND
KNOW ALL MENBY THESE PRESENTS,THAT WE, Weka, Inc.
as principal,and
Markel Insurance Company as surety, are held and ?rmly boundunto the City of Desert Hot Springs, hereinafter “City” in the sum to ten percent (10%) of the total amount ofthe bid of the principal,to be paid to the saidCITY or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators,successors or assigns,jointly and severally, ?rmly by thesepresents.

In no case shallthe liability of the surety hereunderexceedthe sum of 33 Ten percent of the total amount bid by the Principal (10%)

THE CONDITIONOF THIS OBLIGATIONIS SUCH,
That Whereasthe principal has submitted the above mentioned bid to the City of Desert Hot Springs for certain constructionspeci?cally described as follows,for which bids are to be opened at Desert Hot Springs City Hall on March 25, 2026, for MDP LineC-l Storm Drain Improvement Project. -
'
NOW THEREFORE,if the aforesaid principalis awardedthe contract, and within the time and manner required under the speci?cations, after the prescribedforms are presented to him for signature,enters into a writtencontract, in the prescribedform in accordancewith the bid proposal, and ?les the two bondswith the City of Desert Hot Springs,one to guarantee faithful performance and otherto guarantee payments for labor and materials,as required by law, then this obligation shall be null and void; otherwiseit shallremain in full force and effect. In the event suit is brought upon this bondby the obligee andjudgment is recovered,the surety shallpay all costs incurredby the obligeein such suit, includinga reasonableattorney's fee to be ?xed by the court. - 4O
Item Number: 2.

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California _ County of San Bernardlno
On March 24, 2026
' before me, KariSaputo, Notary Public
(insert name and title of the officer)
personally appeared Jared Hlmle
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hislheH-theirauthorized capacityéies), and that by his/h-ervttheirsignatureés) on the instrument the person(s), or the entity upon behalf of which the persoan) acted, executed the instrument. 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and officialseal. ] 1;; ”MK‘pt'bit”."€§im6 ‘
£§153n BernardlnoCounty g
3&7"Commissionn!2457160
K
~ gm *- MyComm.Expires/“181,20”
Signature m H9
Item Number: 2.

BIDDER'SBOND
IN WITNESSWHEREOF,we have hereuntoset our hands and seals on this 20th day of March , 20 26
Weka.Inc. (seal)
236 W. Orange Show Road, Suite 114 (seal)
San Bernardino, CA 92408—2036 (seal)
% (seal)

PRINC PAL
"/ AH‘I \Fm W) 6 (seal)
Markel Insurance Company (seal)
SURETY
4521 Higwlods Pkwy Glen AllenVA .06} /(seal)
I ’ Samantha OrfAttorey-in—Fact
NOTE: Signaturesofthose executingforthe surety mytbe properly acknowledged. 41 Item Number: 2.

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identityof the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validityof that document.

State of California . County of San Bernardlno
On March20, 2026 before me, Dylan Parker, Notary Public, (insert name and title of the officer)
personally appeared Samantha 0“:
who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTYOF PERJURY under the laws of the State of Californiathat the foregoing paragraph is true and correct.

WITNESS my hand and officialseal.

Signature 7 er/ga/“K
» RiversideCounty
Commission it 2537782
Item Number: 2.

POM 510005

JOINT LIMITEDPOWER OF ATTORNEY
KNOWALLMEN BYTHESEPRESENTS: ThatSureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office In the County of Harris,Texas and MarkelInsurance Company (the "Company"),a corporation duly organized and existing under the laws ofthe state of Illinois,and having its principal administrativeoffice InGlenAllen,Virginia, does by these presents make, constitute and appoint:

George A.DeCristo,Shannon Lopez,Beth Kolpien,EpiCarter, Samantha Orf Theirtrue and lawful agentis) and attorney(s)—in-fact,each in their separate capacity ifmore than one is named above, to make, execute, seal and deliverfor and on their own behalf, individually as a surety orjointly, as co-sureties, and as their act and deed any and all bonds and other undertaking In suretyship provided, however, that the penal sumof any one such instrument executed hereunder shall not exceed the sumof:

FiftyMillionand 00/100 Dollars ($50,000,000.00)
ThisPower of Attorney Isgranted and issigned and sealedunder and by the authority of the following Resolutionsadopted by the Boardof Directorsof SureTec Insurance Company and Markel InsuranceCompany:
”RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, AssistantSecretary, Treasurer or AssistantTreasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimilesignature, whichmay be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneysnamed in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed ofthe SureTec insurance Company and MarkelInsurance Company, as the casemay be, all bond undertakings and contracts of suretyship,and to affixthe corporate sealthereto.”
INWITNESSWHEREOF, MarkelInsuranceCompany and SureTec InsuranceCompany have caused their officialseal to be hereunto affixed and these presents to be signed bytheir duly authorized officers on the 23rd day of August , 2024 .

SureTec Insurance Com an “MINI/1 Markel I rance Co. .n p Y $¢§?té€s~9ég6¢ .

I Y
~ \ .' ' 5‘ at? $532
By: E; ". .r' 5 By
a. ‘0 ‘fn'h MichaelC. Keimig, esident 4”,aw0‘s ”’Imnm“
State of Texas
County of Harris:

On this 23rd day of August , 2024 A. 0., before me, a Notary Publicof the State of Texas, in and for the Countyof Harris, duly commissioned and qualified, came THEABOVEOFFICERSOFTHECOMPANIES,to me personally known to be the individualsand officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officersof the said companies aforesaid, and that the seals affixedto the proceeding instrumentare the Corporate Seals ofsaid Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribedto the said instrument by the authority and directionof the said companies, and that Resolutionsadopted by the Board of Directorsofsaid Companies referred to in the preceding instrument is now in force. ‘\|IIIIIII;I \ I INTESTIMONYWHEREOF,I have hereunto set my hand, and affixedmyOfficialt‘s‘e» {Wobyarrig the day and year first above written. \
'._ ’
\ I ‘ «’3' . I t?~"’~““¥ ‘0 ’*P009599 /0-
we
.
1 2pz,
5 — By; W
“I...

ChelseaTurner, Notary Public
My commissionexpires 7/6/2028
.~<) ‘ - ~. I n‘kr ‘23~ We, the undersigned Officersof SureTec InsuranceCompany and MarkelIn‘si‘ugtlsgc up;\wZertify that the original POWEROFATTORNEYof whichthe \ “
foregoing isa full,true and correct copy isstillIn fullforce and effect and hasifetb‘eea K ’lirriilt|‘ INWITNESSWHEREOF,we have hereunto set our hands, and affixed the Seals of saidCompanies, on the 20th day of March , 2026 \
SureTecInsurance Com any MarkelInsuranceComPanV
M. Bren Beaty, Assltant Secretary ‘- By:
drew Marquis, Assista
Any InstrumentIssued in excess of the penalty stated above istotally void and without any validity. 510005 For verificationofthe authority of this Power you may call(713)812»0800 on any businessday between 8:30 AMand 5:00 PM CST.

Item Number: 2.

CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or servicesto the City of Desert Hot Springs,the ?rm listed below certi?es that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance With all Federal, State, and local directives and executive orders regarding non—discriminationin employment; and that it will pursue an af?rmative course of action as required by the af?rmative action guidelines.

We agree speci?cally:

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

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

3. To take af?rmative steps to hire minority employeeswithin the company.

FIRM QEKAI145,
TITLE OF OFFICER SIGNING Pas:lit/7i é CEO
I
. SIGNATURE 1/” g// DATE Mgrd1QLPL 7.@326
Please include any ’a/dditional information available regarding equal opportunity employment programs now in effect within your company. Flam5w “liveA'Hg?hui Equal Og?o?lmlflj amp/aw WWW“
42 Item Number: 2.

WEKA,INCTW

EQUAL EMPLOYMENT
OPPORTUEITY (EE9)POW
DFEH—EEO-ENG, July 6, 2022
Item Number: 2.

Table of Contents
Policy: Discrimination, Harassment, and Retaliation Prevention Policy .......................... 2 POLICY........................................................ ........................................................ ........
2 Scope of Protection ................................................ ................................................
..
3 Applicant/Employee Rights ............................................... ........................................
3 CONDUCT PROHIBITED BYTHIS POLICY/ DEFINITIONS...................................... 3 Discrimination: ................................................... ...................................................
....
3 Harassment: ......................................................... .....................................................
4 Sexual Harassment: .................................................... ..............................................
5 Retaliation: ..................................................... .....................................................
......
6 TRAININGREQUIREMENTS ............................................... .......................................
6 ADDRESSING AND REPORTING VIOLATIONSOF THIS POLICY........................... 7 FILING OF COMPLAINTSOUTSIDE OUR COMPANY ........................................ ......
8 CORRECTIVEACTION GUIDELINES............................................. ...........................
8 COMPLAINTFORM ..................................................... ...............................................
9 Discrimination, Harassment, and Retaliation Prevention / Page 1 of 10 Item Number: 2.

Policy: Discrimination, Harassment, and Retaliation Prevention Policy POLICY
WekaIInc. is committed to providing a professional work environment free from discrimination and harassment, including discriminationand harassment based on a protected category, and an environment free from retaliation for participating in any protected activity covered by this policy. Weka, Inc. is committed to providing equal employment opportunities to all employees and applicants for employment. Accordingly, we have adopted and maintain this anti-discrimination policy designed to encourage professional and respectful behavior and prevent discriminatory and harassing conduct in our workplace.

We willimplement appropriate corrective action(s), up to and including formal discipline, in response to misconduct-—includingviolations of Weka, Inc.’s anti— discrimination policy-—evenifthe violation does not rise to the level of unlawful conduct.

Weka, Inc. prohibits discrimination or harassment based on the following categories: race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability,1medical condition (including cancer and genetic characteristics) genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by state or federal law. In addition, WekaIInc. prohibits retaliation against a person who engages in activities protected under this policy. Reporting, or assisting in reporting, suspected violations of this policy and cooperating in investigations or proceedings arising out of a violation of this policy are protected activities under this policy.

Allemployees are expected to assume responsibility for maintaining a work environment that is free from discrimination,harassment and retaliation.

Employees are encouraged to promptly report conduct that they believe violates this policy so that we have an opportunity to address and resolve any concerns.

Managers and supervisors are required to promptly report conduct that they believe violates this policy.We are committed to responding to alleged violations 1 Weka, Inc. recognizes and supports the obligation to reasonably accommodate employees with disabilities or religious beliefs or practices in order to allow those employees to perform the essential functions of theirjobs. Ifan employee believes they need a reasonable accommodation based on disability or a religious belief or practice, the employee should discuss the matter with their supervisor or the human resources unit.

Discrimination, Harassment, and Retaliation Prevention / Page 2 of 10 Item Number: 2.

of this policy in a timely and fair manner and to taking appropriate action aimed at ending the prohibited conduct.

Scope of Protection
This policy applies to Weka, Inc. applicants and employees (co-workers, supervisors and managers). As used in this policy, the term “employee” includes contractors andvolunteers in our workplace. In addition, this policy extends to conduct witha connection to an employee’s work, even when the conduct takes place away from Weka, Inc.’s premises, such as a business trip or businessrelated social function.

Applicant/Employee Rights
The right to a discrimination, harassment, and retaliation—freework environment.

The right to file a complaint of discrimination, harassment, or retaliation.

Employees are encouraged to report inappropriate conduct immediately and, whenever possible, to put the complaint or concern in writing.

The right to a full, impartial and prompt investigation by a WekaIInc. representative or designee into allegations of conduct that would violate this policy.

The right to be timely informed of appropriate information related to the outcome of an investigation either as a complainant or a respondent in the inves?ga?on.

The right to be represented by a person of the complainant’s choosing at each and all steps of the complaint process.

The right to be free from retaliation or reprisal after filing a complaint or participating in the complaint process.

The right to file alcomplaint directly with the California Department of Fair Employment and Housing, the federal Equal Employment Opportunity Commission or other appropriate state or federal agencies, or to file a civil action in the appropriate court.

CONDUCT PROHIBITED BY THIS POLICY/ DEFINITIONS
Discrimination:

As used in this policy, discrimination is defined as the unequal treatment of an employee or applicant in any aspect of employment, including discrimination based solely .orin part on the employee’s, or applicant’s, protected category. Protected categories include: race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, Discrimination, Harassment, and Retaliation Prevention / Page 3 of 10 Item Number: 2.

breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by state orfederal law. Discriminationincludes unequal treatment based upon the employee or applicant’s association with a member of these protected classes.

Discriminationmay include, but is not necessarily limitedto: hostile or demeaning behavior towards applicants or employees because of their protected category; allowing the applicant’s or employee’s protected category to be a factor in hiring, promotion, compensation or other employment related decisions unless othen/vise permitted by applicable law, and providing unwarranted assistance or withholdingwork—related assistance, cooperation, and/or informationto applicants or employees because of their protected category.

Harassment:

As used in this policy, harassment is defined as disrespectful or unprofessional conduct, including disrespectful or unprofessional conduct based on any of the protected categories listed above. Harassment can be verbal (such as slurs, jokes, insults, epithets, gestures, orteasing), visual (such as the posting or distribution of offensive posters, symbols, cartoons, drawings, computer displays, or emails), or physical conduct (such as physically threatening another person, blocking someone’s way, making physical contact in an unwelcome manner, etc).
2 For example veterans preference as permitted under Government Code 18973.1.

Discrimination, Harassment, and Retaliation Prevention / Page 4 of 10 Item Number: 2.

Sexual Harassment:

Sexu

1. 2.

As used in this policy sexual harassment is defined as harassment based on sex or conduct of a sexual nature, and includes harassment based on sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity orgender expression. It may include all of the actions described above as harassment, as well as other unwelcome sex—based conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities, or other verbal or physical conduct of a sexual nature. Sexually harassing conduct need not be motivated by sexual desire and may include situations that began as reciprocal relationships, but that later cease to be reciprocal.
al harassment is generally categorized into two types:

Quid Pro Quo Sexual Harassment (“thisfor that”)
Submission to sexual conduct is made explicitly or implicitlya term or condition of an individual's employment.

Submission to or rejection of the conduct by an employee is used as the basis for employment decisions affecting the employee.

HostileWork Environment Sexual Harassment
Conduct of a sexual nature or on the basis of sex by any person in the workplace that unreasonably interferes with an employee’s work performance and/or creates an intimidating, hostile or otherwise offensive working environment. Examples include:

Unwelcome sexual advances, flirtation, teasing, sexually suggestive or obscene letters, invitations, notes, emails, voicemails or gifts.

Sex, gender or sexual orientation—relatedcomments, slurs, jokes, remarks or epithets.

Leering, obscene or vulgar gestures or making sexual gestures.

Displaying or distributing sexually suggestive or derogatory objects, pictures, cartoons, or posters or any such items.

Impeding or blocking movement, unwelcome touching or assaulting others.
- Any sexual advances that are unwelcome as well as reprisals or threats after a negative response to sexual advances.
- Conduct or comments consistently targeted at one gender, even ifthe content is not sexual.

Discrimination, Harassment, and Retaliation Prevention / Page 5 of 10 Item Number: 2.

Retaliation:

As used in this policy retaliation is defined as any adverse employment action taken against an employee because the employee engaged in activity protected under this policy. Protected activities may include, but are not limited to, reporting or assisting in reporting suspected violations of this policy and/or cooperating in investigations or proceedings arising out of a violation of this policy.

Adverse employment action is conduct or an action that materially affects the terms and conditions of the employee’s employment status or is reasonably likelyto deter the employee from engaging in protected activity. Even actions that do not result in a direct loss of compensation may be regarded as an adverse employment action when considered in the totality of the circumstances.

Examples of retaliation underthis policy include but are not limited to:
demotion; suspension; reduction in pay; denial of a merit salary increase; failure to hire or consider for hire; refusing to promote or consider for promotion because of reporting a violation of this policy; harassing another employee for filing a complaint; denying employment opportunities because of making a complaint or for cooperating in an investigation; changing someone’s work assignments for identifying harassment or other forms of discrimination in the workplace; treating people differently such as denying an accommodation; or not talking to an employee when othenNise required by job duties, or othenNise excluding the employee from job-related activities because of engagement in activities protected under this policy.

TRAINING REQUIREMENTS
Every two years, all supervisory employees must attend Sexual Harassment Prevention and Workplace Civilitytraining aimed at increasing their understanding of and preventing workplace sexual harassment (including harassment on the basis of sexual orientation, gender identity, and gender expression) and their role in creating an underlying culture ofmutual respect in our workplace. Specific components of the training willinclude how to promptly and effectively respond to sexual harassment when it occurs, the effects of abusive conduct in the workplace, and ways to appropriately intervene ifone witnesses behavior that is not in keeping with this policy. The training must be provided by trainers who, in addition to the other requirements set forth in 2 CCR 11024, have the ability through training or experience to train supervisors on how to identify, investigate, report, and respond to unlawful harassment, discrimination, and retaliation in the workplace.

Discrimination, Harassment, and Retaliation Prevention / Page 6 of10 Item Number: 2.

ADDRESSING AND REPORTING VIOLATIONS OF THIS POLICY
Any employee or applicant who experiences or witnesses behavior that they believe violates this policy is encouraged to immediately tell the offending individual that the behavior is inappropriate and, ifthey feel comfortable doing so, to tell the offending individualto stop the behavior. The applicant or employee should also immediately report the alleged violation to his/her supervisor, manager or the EEO Officer. There is no chain of command when contacting the EEO Officer; an individual does not need supervisor or manager approval to do this. Ifthe alleged offender is the employee’s supervisor or manager, the employee should report the conduct to any other supervisor, manager or the EEO Officer. A complaint may be brought fon/vard verbally or inwriting. Written complaints can be made using the EEO Complaint Form (attached to this policy).

Supervisors or managers who learn of any potential violationof this policy are required to immediately report the matter to the EEO Officer, and must followthat of?cer’s instructions as to how best to proceed.

Weka, Inc. willpromptly look into the facts and circumstances of any alleged violation, as appropriate. Even in the absence of a formal complaint, Weka, Inc. may initiate an investigation where it has reason to believe that conduct that violates this policy has occurred. Moreover, even where a complainant conveys a request to withdraw their initialformal complaint, Weka, Inc. may continue the investigation to ensure that the workplace is free from discrimination,harassment and retaliation. Anonymous complaints willalso be investigated. The method will depend on the details provided in the anonymous complaint. Ifthe complaint is sufficiently detailed, the investigation may be able to proceed in the same manner as any other complaint. lfthe information is more general, Weka, Inc. may need to do an environmental assessment or survey to try to determine if misconduct has occurred. Allinvestigations willbe fair, impartial, timely, and completed by qualified personnel.

To the extent possible, Weka, Inc. willendeavor to keep the reporting of the applicant or employee’s concerns confidential; however, complete confidentiality cannot be guaranteed when it interferes with Weka, Inc.’s abilityto fulfillits obligations under this policy. Allemployees are required to cooperate fullywith any investigation. This includes, but is not limited to, maintaining an appropriate level of discretion regarding the investigation and disclosing any and all informationthat may be pertinent to the investigation. Upon completion of the investigation, ifmisconduct is substantiated, Weka, Inc. willtake appropriate corrective and preventive action calculated to end the conduct up to and including formal discipline where warranted.

Discrimination, Harassment, and Retaliation Prevention / Page 7 of 10 Item Number: 2.

Contact information for Weka, |nc.’s EEO Officer is:

Jared Himle, President
236 W Orange Show Rd., Suite 114
San Bernardino, CA 92408
(909) 425—8700

FILINGOF COMPLAINTS OUTSIDE OUR COMPANY
Employees and applicants may file formal complaints of discrimination, harassment, or retaliation with the agencies listed below. Individuals who wish to pursue filingwith these agencies should contact them directly to obtain further information about their processes and time limits.

California Department of Fair Employment and Housing
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
800—884-1684 (voice), 800—700—2320(TTY) or California’s Relay Service at 711 contact.center@gl_feh.c_a_.gov
https://www.dfeh.ca.gov
U.S. Equal Employment Opportunity Commission
450 Golden Gate Avenue 5 West,
PO Box 36025
San Francisco, CA 94102—3661
1-800-669-4000 or 510—735—8909(Deaf/hard—of—hearingcallers only) http://www.eeoc.gov/emplgyees
CALIFORNIASTATE AGENCIES ONLY.

StatePersonnel Board Appeals Division 801Capitol Mall
Sacramento, CA 95814
(916)653-0799or TDD Line (916) 653- 1498
WWW.sgb. ca. gov

CORRECTIVE ACTION GUIDELINES
WekaIInc. willtake appropriate corrective action(s) up to and including formal discipline against any employee(s) when an investigation has found that misconduct occurred. Such corrective action(s) may include, but are not limitedto, letters of reprimand, suspension, demotion, or termination. Additionally,depending on the nature of the violation, civilliabilitycould be imposed on the violator as well as WekaI|nc..

Discrimination, Harassment, and Retaliation Prevention / Page 8 of10 Item Number: 2.

Mam

DISCRIMINATION,HARASSMENT,AND RETALIATION PREVENTION POLICY

COMPLAINT FORM

COMPLAINANTINFORMATION
NAME:

DIVISION/ UNIT:

OFFICE LOCATION:

WORK PHONE:

IMMEDIATESUPERVISOR:

Please describe the conduct that you believe violates the Discrimination,Harassment or Retaliation Prevention Policy. In your narrative, describe: (1) What happened to you; (2) Why you believe you are being discriminated, harassed, or retaliated against, including the reason or evidence you have to support your belief, and; (3) When the acts of discrimination, harassment, or retaliation occur (attach additional pages if needed). Ifyou require assistance with completing this form as a reasonable accommodation, please contact the EEO officer.

Discrimination, Harassment, and Retaliation Prevention / Page 9 of 10 Item Number: 2.

PERSON(S) ALLEGED TO HAVE VIOLATEDTHE POLICY
Person #1 - Name: Position: Work Location:

Person #2 - Name: Position: Work Location:

Person #3 - Name: Position: Work Location:

PERSON(S) WITH INFORMATION/KNOWLEDGEOF THE ALLEGED INCIDENTS Witness Name: Position: Work Location:

Witness Name: Position: Work Location:

Witness Name: Position: Work Location:

HAVE YOU COMPLAINEDTO ANYONEAT WEKAIINC. ABOUT THIS MATTER? lfyes, explain the situation. When did you complain, to whom, and what was the result? Please submit to the Equal Employment Opportunity Officer:

Discrimination, Harassment, and Retaliation Prevention / Page 10 of 10 Item Number: 2.

NON—COLLUSIONAFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract, being duly sworn, deposesand says:

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

The furnishing of all labor and materials and equipment for the MDP Line C-l Storm Drain Improvement Project, consisting of removing existing concrete and asphalt concrete improvements; the construction of concrete curbs, gutters, sidewalk, driveway approach, and curb ramps; cold mill and overlay asphalt concrete pavement; the installation of solar—powered flashing beacons; and the installation of traf?c signs, striping, and markings. Removed material shall be legally disposedof off-site at the Contractor’s expense. All project work and incidental items to complete the project shall be performed in accordancewith the plans, speci?cations, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition. [HEM?t
A?
Z Signature of l3idder
23$(/J Dram(, 23vaM,fit“4,54“?armrda'hn 61‘61%?
Busines Address
6W“ clingCA
Place of Business
Subscribed and swor firmed) to before me this day of , 20 8w??gc
Notary Public in and for the Co n of
, te of California
My commission expires \\T\277‘
43 Item Number: 2.

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of San Bernardino
Subscribed and sworn to (or affirmed) before me on this 24th day of March , 20 26 , by Jared Himle
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

KARlSAPUTO
'3 Notary Public- California
_: San BernardinoCounty i
2M53»; " CommissionIf2457160
MyComm.ExplresAugl.2027 . \
(Seal) Signature MMWt?
Item Number: 2.

CustomerAccount LookupList Page 1
Report Title:

Run Date and Time:

Run by:

Table name: Query Condition:

Sort Order:

Customer Account Lookup List
2026-03-25 07:19:50 Paci?c DaylightTime
Alyssa Himle
x_cdo|2_csm_portal_customer_account_lookup
Contractor Status In (DIRApproved,Pending, Registration Expired) ANDType = Contractor ANDKeywords = 1000003472 Registration End Date indescending order
Value of property glide.pdf.max_rowsmust be less or equal than (5,000). Defaultmaxrownumber applied (1.000) 1 Customer Account Lookups
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Legal Entity Nam Doing Business Business Structu Contractor Statu Registration Star Registration End As (DBA) t Date
Date
1000003472 WEKA, INC. WEKA, INC. DIRApproved 670100 2025-07—01 2026-06—30 Run By: Alyssa Himle 2026-03-2507:19:50 Paci?c DaylightTime Item Number: 2.

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?: DESERT HOT SPRINGS
Puguc WORKS H999 Palm Drive ~ Deserl Hof Springs - CA 0 92240 ENGINEERING8‘OPERATIONS (760) 329—641T' www.clf ofdhs.or Addendum #1
Response ToQuestions - Line 0-] Sform Drain Project No. 6003
i) The DOWNLOADED PDFof fhe Specificafions MDPLineCei Specificaiions (002) do norinclude ihe APPENDIXESA/B/C/D/E/F.Band C are referenced lo unspecified cify websifes and Eand Fare noi lisfed in fhe Table of Conienis
Response: Appendix, Ewas uploaded wiih fhe original plans and specificafions‘ (See T301l-22~Oi.) Appendixes A, B, and C have been uploaded. Appendix D, Projeci Sign, is nof required for fhis projecf.
2) The vicinify map on original approved fraffic confrol plans showed an incorrecf projecl locafion.

Response: The Vicini‘ryMap on The cover page has been revised Toshow The correci projecf locafion. See revised cover sheer.
3) A general inquiry io confirm ifother informafion was omilfed, please confirm ifihere is a MANDATORYMEETING,ifThere isa PLAProjecf Labor Agreement iffhere is a DBEGood Faiih Efforf.

Answer: There are no mondafory meeiings, projecf labor agreemenf of DBEGood Failh Efforffor fhisproject.

Consul’ranf Cify Engineer
Cify of Deseri Ho’rSprings
Item Number: 2.

puwc WORKS H999 Palm Drive - Deseri Hoi Springs - CA ‘ 92240 ENGINEERING& OPERATIONS (760) 329:6“ l
' WWWC” oidhsor
Addendum #2
Response to Questions — Line 01 Storm Drain Project No. 6003 (See Addendum #1 for quesiions i ~3)
4) On Bid llem 30, should ii be grind and overlay?
Response: Thisbid iiem isjusi ihe grind poriion of The operation. The overlay is included as parl of Hol Mixed Asphall - Bidilem 32.
5) On page] 7 ilshows “Currenl Year of Record" and ihen goes info 2024. isihis accuraie? Curreni year of record should be 2025 or 2026? ififis‘robe for 2026, should we revise 2024, 2023, 2022, 2021, 2020?
Response: Please use The revised Coniracior’s lnduslrial Safe’ry Record Form. See a?ached.
6) Can a separale bid line iiem be added for survey?
Response: No, compensaiion for survey shall be included as panLof The Coniraci Bid liems requiring survey.
7) Willlhe oiiy acoepl CMB or willnarural aggregate base be required? Response: Class 2 Base per Calirans Specificaiion 26 isrequired for lhis projecl. 8) Can ihe asphall grindings be used in backrill ourside of the pipe zone? Response: Asphalt Grinding may be used as irench backiill as long as ’rhey comply wilh Greenback requirements.

Item Number: 2.

9) Could you please email me a complete package of the bid proposal pages you want submitted so l can confirm what we have isaccurately complete? Response: Allresponsive bids must include the Bidder‘s Proposal starting on Page 10 including all attachments through Page 19 of the Contract Documents Specifications.

Additionally, bidders should include the applicable affidavit form starting on Page 36, Bidder‘s Bond on Pages 40 and 4], Certification of Non—Discriminationand Affirmative Action on Page 42, and Non~Collusion Affidavit on Page 43. 10) The title page of the contract documents has a different address for the Office of the City Clerk than the Notice Inviting Bids.

Response: The correct address forsubmitting bids islisted in the Notice Inviting Bids, 11999 Palm Drive, Desert Hot Springs, Ca 92240
Thank you,
Joias.n, P.E.

Consultant City Engineer
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SR-26-076
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 7, 2026
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: An Ordinance Amending Chapter 3.44 of the Municipal Code Revising the City's Purchasing Procedures
RECOMMENDATION:

Introduce for First Reading and ready by title only: "An Ordinance of the City Council of the City of Desert Hot Springs amending Chapter 3.44 (Purchasing) of Title 3 (Revenue and Finance) of the Desert Hot Springs Municipal Code to revise the City’s purchasing procedures." BACKGROUND:

In order to deliver services to its residents, the City must regularly engage in the procurement of a wide variety of goods and services. An important part of the City’s fiscal management is ensuring that all the procurement activity is completed in a timely, transparent, and organized manner that complies with all applicable federal, state, and local laws and regulations. Doing so safeguards the use of public funds and provides the City with the best products and services at the lowest cost. In 2019, the City Council enacted a new purchasing policy for the municipal code. Since that time, the City’s operations have changed and significantly increased.

DISCUSSION:

Since the current purchasing procedures policy was adopted, the City has added new operations such as dispatch, recreation, enhanced animal control facilities, and the HUB. These new programs have significantly increased the purchase order (PO) and contract activity. With the higher volume of activity, increased efficiency and cost-effectiveness in the purchasing process is needed. This would reduce the amount of time and administrative expense to obtain goods and services. Staff is proposing to update the City’s purchasing process to clarify administrative approval levels for purchase orders and contracts; clarify competitive procurement types based on dollar amount, and consolidate and update purchasing procedures with the needs of the City, applicable laws, and best practices.

FISCAL IMPACT:

Updating the Purchasing Ordinance will reduce current administrative tasks and allow for staff to focus on other efforts. It will allow for a faster response in acquiring goods and services in order to better provide services to the City’s residents and businesses.

STRATEGIC ALIGNMENT:

Item Number: 3.

SR-26-076
This initiative supports the following goals of the City's Strategic Plan:

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

ATTACHMENTS:
1) Ordinance Amending Chapter 3.44 - Purchasing
Item Number: 3.

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING CHAPTER 3.44 (PURCHASING) TO TITLE 3 (REVENUE AND FINANCE) OF THE DESERT HOT SPRINGS

MUNICIPAL CODE
WHEREAS, California Government Code Section 54201 et seq. requires every local agency to adopt policies and procedures, including bidding requirements, governing purchases of supplies and equipment by the local agency; and WHEREAS, Chapter 3.44, “PURCHASING,” of the Desert Hot Springs Municipal Code sets forth the general requirements applicable to the City of Desert Hot Springs’s purchasing procedures for goods and services; and
WHEREAS, it is desirable and appropriate to amend the purchasing policies and procedures that provide for efficiency, consistency, accountability and responsibility; and
WHEREAS, it is in the best interest of the City and its residents to amend purchasing policies and procedures facility clear and consistent practices for the City.

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

SECTION 1. RECITALS.

That the recitals set forth above are true and correct, and are hereby incorporated in their entirety by this reference.

SECTION 2. AMENDMENT OF CHAPTER 3.44 (PURCHASING) OF
TITLE 3 (REVENUE AND FINANCE) OF THE MUNICIPAL
CODE
Chapter 3.44 shall be amended as follows:
§ 3.44.010. Purpose.

The purpose of this chapter is to establish uniform procedures governing the procurement of supplies, equipment, and professional services by the City to ensure efficiency, transparency, fairness, and fiscal responsibility in the expenditure of public funds. These procedures are intended to promote fair purchasing practices where appropriate, obtain the best value for the City consistent with quality and operational needs, maintain appropriate financial controls, and clearly define purchasing authority.

Nothing in this chapter is intended to preclude the use of alternative procurement Item Number: 3.

methods authorized herein, including cooperative purchasing, sole source procurement, or other exemptions, when such methods are determined to be in the best interest of the City.
§ 3.44.020. Definitions.

As used in this chapter, the following terms shall have the meanings described below:
"Professional services" means those services which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise or training gained by formal studies or experience, and where the qualifications of persons rendering the service are of primary importance, which includes architectural, landscape architectural, environmental, engineering, surveying, legal, financial advisory, and construction project management services (except those that may qualify as public projects under the California Public Contract Code). "Public projects" shall have the same meaning as set forth in the Uniform Public Construction Cost Accounting Act as set forth in California Public Contract Code Sections 22000 et seq., as may be amended by the Legislature. "Solicitation" means the City’s process to obtain bids or proposals as provided in this chapter.
“Supplies and/or equipment” means services (other than professional services), supplies, goods, materials and/or equipment that are subject to this chapter. “Supplies and/or equipment” does not include professional services as defined in Section

3.44.020, and further does not apply to public works contracts or public projects as defined in the California Public Contract Code.
§ 3.44.030. Approval Authority for Purchases of Supplies and/or Equipment.

Purchases of supplies and/or equipment shall be approved in accordance with the following authority thresholds:

A. Department Head Approval. Purchases in an amount of one dollar ($1) through five thousand dollars ($5,000) may be approved by the applicable Department Head.

B. City Manager Approval. Purchases in excess of five thousand dollars ($5,000) through and including fifty thousand dollars ($50,000) shall require approval by the City Manager or the City Manager’s designee.

C. City Council Approval. Purchases in an amount in excess of fifty thousand dollars ($50,000) shall require approval by the City Council.
§ 3.44.040. Staff Requests Required.

Item Number: 3.

City staff shall submit requests for the purchase of supplies and/or equipment to the applicable Department Head in the manner prescribed by the City Manager or the City Manager’s designee.
§ 3.44.050. Purchase Orders Required.

A. Except as otherwise provided in this chapter, all purchases of supplies and/or equipment shall be made by purchase order, or in another form approved by the City Manager or the City Manager’s designee. No purchase order shall be issued unless the purchase has received the approvals required by this section.

B. Purchase Approval Form; Quotes; Approval Authority.

All purchase orders shall be supported by a completed purchase approval form and shall comply with the following requirements:

1. Purchases of less than Five Thousand Dollars ($5,000): the City shall solicit at least one (1) price quote, when reasonably available. The Purchase Approval Form shall be approved by the applicable Department Head.

2. Purchases in excess of Five Thousand Dollars ($5,000) through and including Fifty Thousand Dollars ($50,000): the City shall solicit two (2) or more price quotes when reasonably available. The Purchase Approval Form shall be approved by the City Manager or the City Manager’s designee.

3. Purchases in excess of Fifty Thousand Dollars ($50,000): require City Council approval and shall be procured in accordance with the procurement procedures set forth in Section 3.44.100 of this chapter, unless otherwise exempt pursuant to this chapter.

C. Business License Requirement. Except as provided in subsection (D), vendors shall possess a valid City business license prior to issuance of a purchase order, unless otherwise exempted.

D. Business License Exemptions. The business license requirement shall not apply to the following:

1. Businesses that do not maintain a physical presence within the City; and

2. Persons doing business exclusively with or for the City, consistent with Section 5.04.240 of this Code.

E. W-9 Form Required. A completed Internal Revenue Service Form W-9 shall be submitted by the vendor prior to issuance of a purchase order, in a form acceptable to the City.
§ 3.44.060. Change Orders for Purchases of Supplies and/or Equipment. This section governs change orders to approved purchases of supplies and/or equipment and applies to all purchase orders issued pursuant to this chapter.

A. Change Orders for Purchases Originally Approved in excess of Five Thousand Dollars, and less than Fifty Thousand Dollars ($50,000).

1. Approval Authority. The City Manager or the City Manager’s designee may approve change orders provided that the accumulated total purchase amount, including all prior change orders, does not exceed fifty thousand dollars ($50,000), unless otherwise in Section B below. . Any Item Number: 3.

change order that would cause the accumulated total purchase amount to exceed fifty thousand dollars ($50,000) shall require approval by the City Council, unless otherwise in Section B below..

2. B. Change Orders for Purchases Originally Approved in Excess of Fifty Thousand Dollars ($50,000).

1. Approval Authority. Change orders in excess of Fifty Thousand Dollars ($50,000) shall be approved by the City Council. Above and beyond that amount, the City Manager or the City Manager’s designee may approve change orders for purchases that do not exceed an additional Ten Thousand Dollars ($10,000) of the underlying agreement, totaling a not to exceed amount of Sixty Thousand dollars ($60,000).

C. Required City Council Documentation. Where City Council approval is required, the Purchase Approval Form shall identify the date of City Council authorization and shall be accompanied by a staff report.

D. Documentation. All change orders under this subsection shall be supported by a completed Change Order Form and a revised quote reflecting the proposed change.

E. Effect of Change Orders. No change order shall be issued unless approved in accordance with this section and supported by the required documentation. § 3.44.070. Purchases to be only against unencumbered funds.

Except in cases of emergency as defined in Section 3.44.120 or in cases where specific prior written authorization has been obtained from the City Manager, the Department Head shall not issue any purchase order for supplies and/or equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged. Any purchase order issued without an unencumbered appropriation shall be void and unenforceable against the City.
§ 3.44.080. Inspection and testing of supplies and equipment.

The Department Head shall inspect supplies and/or equipment delivered to determine their conformance with the specifications set forth in the order. The Department Head shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.
§ 3.44.090. Disposition of surplus supplies and/or equipment.

City staff shall submit to the Department Head, at such times and in such forms as he or she shall prescribe, reports showing all supplies and/or equipment which are no longer used or which have become obsolete or worn out. The Department Head shall have authority to exchange for or trade in on new supplies and/or equipment all supplies and/or equipment which cannot be used by the City, provided that the trade-in value is Item Number: 3.

documented and the transaction is determined to be in the City's best interest. For surplus property with an estimated value exceeding five thousand dollars ($5,000), staff shall comply with any procedures for proper disposal of surplus property as promulgated by the City Manager, or his/her designee, including use of any asset disposal forms. The City may dispose of surplus property through public auction, negotiated sale, donation to other governmental entities or non-profit organizations, or other means as determined by the City Manager to be in the best interest of the City. § 3.44.100. Procurement procedures for supplies and/or equipment exceeding $50,000.

Purchases of supplies and/or equipment with an estimated value in excess of Fifty Thousand Dollars ($50,000) shall be procured after Staff has received three quotes.

Such procurement must be made by City Council.
§ 3.44.110. Exemptions from Procurement Process.

Notwithstanding any other provision of this chapter, the procurement procedures set forth in this chapter may be waived in the following circumstances, subject to the documentation and approval requirements set forth below.

A. Expenditures Not Involving Supplies and/or Equipment. The requirements of this chapter shall not apply to expenditures that do not involve the procurement of supplies and/or equipment, including but not limited to taxes, utilities, permit fees, debt service, legal settlements, or other similar payments as determined by the City Manager.

B. Sole Source Purchases. The City Manager or the City Manager’s designee may waive quotation requirements for the purchase of supplies and/or equipment when the Department Head determines that the required supplies and/or equipment are available from only a single source. The Department Head shall provide written justification supporting the sole source determination, which shall include: (1) description of the unique features or compatibility requirements that necessitate the specific product or service; (2) explanation of why no other supplier can meet the City's needs; (3) documentation of efforts made to identify alternative sources; and (4) certification that the pricing is fair and reasonable.

This justification shall be included in the purchase approval form and maintained in the procurement file. Sole source purchases exceeding Fifty Thousand Dollars ($50,000) shall require City Council approval. All other sole source purchases shall require approval by the City Manager or the City Manager’s designee.

C. Piggybacking or Cooperative Purchasing. The City may purchase supplies and/or equipment by utilizing the contract pricing of another public agency or cooperative purchasing program that was established through a solicitation process. The City may additionally forgo quotation requirements when contracting with suppliers for supplies and/or equipment that have been awarded contracts by the State of California through a procurement process pursuant to California Public Contract Code Sections 10298–10299 and 12100–12113, as may be amended. The Department Head shall determine that: (1) the contract Item Number: 3.

utilized was awarded through a bidding or proposal process conducted by another public agency, cooperative purchasing organization, governmental entity, or the State of California; (2) the scope of the original contract permits use by other agencies; (3) the pricing and terms are equal to or more favorable than those available through independent procurement; and (4) the use of such contract is in the best interest of the City. The Department Head shall provide written justification addressing each of these factors, which shall be included in the Purchase Approval Form and maintained in the procurement file.

Piggybacking or cooperative purchases exceeding fifty thousand dollars ($50,000) shall require City Council approval. All other such purchases shall require approval by the City Manager or the City Manager’s designee. § 3.44.120. Emergency purchases of supplies and/or equipment.

In emergency situations, it may be necessary to make emergency purchases of supplies and/or equipment where such supplies and/or equipment are not already available to the City. For purchasing purposes, an emergency situation is one in which there is an immediate threat to life or property, a substantial disruption of a vital public service, or where the public health, welfare, or safety may be at risk. The emergency must be of such a nature that a Department Head and, where appropriate, the City Manager would be contacted to advise them of the situation, regardless of when the emergency occurs. Emergency purchases of supplies and/or equipment shall require approval by the City Manager. A written justification describing the nature of the emergency and the necessity for the purchase shall be provided in the Purchase Approval Form and maintained in the purchase file. Emergencies concerning the procurement of public projects shall be governed by the Public Contract Code in addition to this Code.
§ 3.44.130. Facility use agreements and/or non-exclusive license agreements— Negotiation, award and signature authority.

The City Council may, by resolution, provide an officer other than the Mayor the specific authority to negotiate, award, and execute facility use agreements and/or non-exclusive license agreements for certain City-owned, operated, or controlled facilities or properties. City Council may set forth restrictions, limitations, or further prescriptions by City Council resolution, with this section being considered as enabling and directive in this regard.
§ 3.44.140. Professional Services.

A. Method of Selection. The selection of professional services shall be based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required, as determined by the CIty Manager or his/her designee. A request for proposals (RFP) is not required. The emphasis for selection shall be on qualifications rather than the lowest price.

B. Required Agreement Form. Professional services shall be procured using the Item Number: 3.

City’s standard Professional Services Agreement (“PSA”) form, as may be amended by the parties.

C. Professional Services Agreements of Fifty Thousand Dollars ($50,000) or Less shall require a written contract and shall unless waived by the City Manager or designee, include insurance certificates, a City business license, a completed Internal Revenue Service Form W-9, and any other documentation required by the City Manager. Such agreements shall be negotiated, approved, and executed by the City Manager or his/her designee.

D. Change Orders. The City Manager or the City Manager’s designee may approve Professional Services Agreements with cumulative change orders that do not exceed the amount of Fifty Thousand Dollars ($50,000). Above and beyond that amount, the City Manager or the City Manager’s designee may approve change orders for Professional Services Agreement that do not exceed an additional Ten Thousand Dollars ($10,000) of the underlying agreement, totaling a not to exceed amount of Sixty Thousand dollars ($60,000).

E. Professional Services Agreements in Excess of Fifty Thousand Dollars ($50,000) shall require a written contract and shall, unless waived by the City Manager or designee, include insurance certificates, a City business license, a completed Internal Revenue Service Form W-9, and any other documentation required by the City. Such agreements shall require approval by the City Council.

F. As-Needed Professional Services. Professional services procured on an “asneeded” basis may be authorized through a single Professional Services Agreement covering the overall scope of services. Individual tasks or projects shall be authorized through written proposals or quotes approved in accordance with this chapter, and no additional contract shall be required for each individual task.

G. Emergency Professional Services. In cases of emergency requiring immediate professional services, approval by the City Manager or the City Manager’s designee may be granted, provided the approval includes a written finding identifying the emergency and is documented in the contract file. § 3.44.150. Contract execution.

Contracts which do not require City Council approval shall be negotiated, approved, and executed by the City Manager or his or her designee upon the agreement being duly approved in accordance with this chapter and/or applicable law. Contracts requiring City Council approval may be executed by the City Manager or his or her designee upon the City Council duly approving the contract, or by the Mayor.

Section 2. CEQA EXEMPTION
The adoption of this Ordinance is not subject to California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the Item Number: 3.

activity is not a project as defined in Section 15378 because the activity relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment under Section 15378(b)(5)), and 15061(b)(3) (the activity will not have an effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Article 3, because this Ordinance has no potential for resulting in physical change to the environment, directly or indirectly.

Section 3. 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 4. 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 5. EXECUTION AND CERTIFICATION
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 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its second reading by the City Council.
[END OF PAGE]
Item Number: 3.

The foregoing Ordinance was approved and adopted at a meeting of the City Council held on ____, 2026, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

_______________________________
Scott Mattas, Mayor
ATTEST:
_______________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_______________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 3.

SR-26-074
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 7, 2026
Department: Public Works
Prepared by: Daniel Porras, Deputy City Manager
Subject: An Ordinance Amending Chapter 3.45 of the Municipal Code for Public Works Projects
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 3.45 ("Public Works Projects") of Title 3 ("Revenue and Finance") of the Desert Hot Springs Municipal Code to Provide Informal and Formal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act (UPCCA)." BACKGROUND:

Chapter 3.45 (Public Works Projects) of Title 3 (Revenue and Finance) of the Desert Hot Springs Municipal Code, generally governs the bidding, rejecting, and awarding of contracts for public works projects. This Chapter currently references outdated information that is not current with the City’s standard practices and processes.

The City previously elected to follow the California Uniform Construction Cost Accounting Commission’s cost accounting procedures, thereby allowing the City to avail itself of the Uniform Public Construction Cost Accounting Act, including its alternative public works contract bidding procedures set forth in Public Contract Code Sections 22032 et seq.

DISCUSSION:

The proposed Ordinance Amending Chapter 3.45, will clearly define and align the Uniform Public Construction Cost Accounting Act (UPCCA) with all current City standard practices and processes for bidding, rejecting, and awarding of contracts for public works projects.

A summary of the changes are listed below:

Chapter 3.45 – Public Works Projects
 Definitions
 Bid Procedures – Small Projects
 Bid Procedures - Medium Projects
 Bid procedures – Large Projects
 Bid Protest Procedures – All Projects
Item Number: 4.

SR-26-074
 Grounds for rejecting public bids
 Maintenance
 Exemptions from Formal and Informal bidding: Cooperative Purchasing (piggy-backing)  Emergency Contracting Procedures
 Alternative Delegation of Authority to City Manager in cases of Emergency FISCAL IMPACT:
none
ATTACHMENTS:
1) Ordinance - Chapter 3.45 Public Works Projects (UPCCA) Item Number: 4.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DESERT HOT SPRINGS, CALIFORNIA, AMENDING
CHAPTER 3.45 (“PUBLIC WORKS PROJECTS”) OF TITLE 3
(“REVENUE AND FINANCE”) OF THE DESERT HOT

SPRINGS MUNICIPAL CODE TO PROVIDE INFORMAL AND

FORMAL BIDDING PROCEDURES UNDER THE UNIFORM

PUBLIC CONSTRUCTION COST ACCOUNTING ACT
WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the California Public Contract Code (the “Public Contract Code”), existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and
WHEREAS, Public Contract Code Sections 22000 et seq., the Uniform Public Construction Cost Accounting Act (sometimes, “Act”), establishes such a uniform cost accounting standard; and
WHEREAS, the California Uniform Construction Cost Accounting Commission (sometimes, “Commission”) established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and WHEREAS, the City adopted an ordinance which added Chapter 3.45 (Public Works Projects) to the Desert Hot Springs Municipal Code (“Chapter 3.45”); and WHEREAS, subsequently, the City elected to follow the California Uniform Construction Cost Accounting Commission’s cost accounting procedures, thereby allowing the City to avail itself of the Uniform Public Construction Cost Accounting Act (“Act”), including its alternative public works contract bidding procedures set forth in Public Contract Code Sections 22032 et seq.; and
WHEREAS, Chapter 3.45 provides procedural and bidding requirements and guidelines pertaining to the City’s authority to enter into and perform public works contracts all in accordance with and subject to the requirements set forth under the Act; and WHEREAS, Public Contract Code Section 22034 provides that each public agency that elects to become subject to the uniform construction accounting procedures set forth in the Act shall enact an informal bidding ordinance to govern the selection of contractors to perform public projects pursuant to Public Contract Code Section 22032(b), which ordinance shall include certain required information as set forth in Section 22034; and WHEREAS, this Ordinance is an informal bidding ordinance intended to comply with Public Contract Code Section 22034, as well as a formal bidding ordinance, adopted to prescribe procedures to be adhered to whenever the City goes out to bid for projects governed by the Public Contract Code; and
WHEREAS, the City Council deems this Ordinance to provide efficient and cost Item Number: 4.

effective ways to bid and award public works contracts, which is in the best interest of the general health, welfare and safety.

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

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

Section 2. AMENDMENT OF CHAPTER 3.45
Chapter 3.45, title Public Works Projects” of the Desert Hot Springs Municipal Code Shall be amended to read as follows:
§ 3.45.100. Adoption of Uniform Public Construction Cost Accounting Act.

The City has elected to be subject to the Uniform Public Construction Cost Accounting Act (hereinafter referred to as the “UPCCAA”). City contracts for Public Works Projects and maintenance work shall be governed by applicable State laws, including the UPCCAA, Public Contract Code Section 22000 et seq., and the California Uniform Construction Cost Accounting Commission's (hereinafter, "UCCA Commission") policies and procedures manual and cost accounting review procedures, as amended from time to time. This chapter shall be interpreted and applied in a manner consistent with any amendments to the referenced state law, without the need for additional City Council action.
§ 3.45.110. Definitions
Unless the context otherwise requires, the following definitions, as well as the definitions in Chapter 3.44 (Purchasing), shall govern the construction of this chapter:
"Facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph 3 of the "Public Works Project" definition below, real property, streets and highways, or other public work improvement.
"Small Projects" means Public Works Projects below the monetary threshold of subdivision (a) of Section 22032 of the Public Contract Code, as it may be amended from time to time by the State Controller or the State Legislature. "Medium Projects" means Public Works Projects below the monetary threshold of subdivision (b) of Section 22032 of the Public Contract Code, as it may be amended from time to time by the State Controller or the State Legislature. "Large Projects" means Public Works Projects below the monetary threshold of Item Number: 4.

subdivision (c) of Section 22032 of the Public Contract Code, as it may be amended from time to time by the State Controller or the State Legislature. "Public Works Project" means any of the following:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility;

2. Painting or repainting of any publicly owned, leased or operated facility;

3. In the case of a publicly owned utility system, "public property" includes only the construction, erection, improvement or repair of dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher.
"Public Works Project" does not include maintenance work. For purposes of this chapter, "maintenance work" includes all of the following:

1. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;

2. Minor repainting;

3. Resurfacing of streets and highways at less than one inch;

4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems;
The exclusion of maintenance work from the definition of “Public Works Project” for purposes of this chapter does not determine the applicability of prevailing wage requirements, which shall be governed by the Labor Code and applicable Department of Industrial Relations regulations and determinations.
§ 3.45.120. Bid Procedures - Small Projects.

This section shall govern the procedures for bidding on all contracts to perform Small Projects. Small Public Works Projects funded by Federal, State, or local grants shall be awarded pursuant to the more restrictive bidding requirements. Small Projects may be awarded following receipt of a minimum of three (3) written proposals for the project’s scope of work, which may be solicited by email or in person. If fewer than three (3) proposals are received, the City shall retain documentation demonstrating that the City’s internal bidding policy procedures were followed § 3.45.130. Bid Procedures – Medium Projects.

This section shall govern the procedures for bidding on all contracts to perform Medium Projects. Medium Public Works Projects funded by Federal, State, or local grants shall be awarded pursuant to the more restrictive bidding requirements.

Medium Projects may be awarded by the informal bidding procedures set forth in this subsection.

A. Request for Proposal Package. For each Medium Project, the City shall prepare a Request for Proposal (“RFP”) package, which shall include, as applicable, the scope of work, plans, site plans, photographs, specifications, and all relevant exhibits necessary to enable contractors to prepare responsive proposals.

Item Number: 4.

B. Distribution of RFP Packages. The RFP package shall be provided to contractors in person and/or transmitted electronically, including by email, to contractors identified by trade from the City’s contractors list maintained pursuant to subsection (D) of this section, or the City may elect to mail, fax, or email the RFP package to all construction trade journals specified by the UPCCAA pursuant to Public Contract Code Section 22036.

C. RFP package bidding time. The RFP package shall be provided to contractors at least ten (10) calendar days prior to the date proposals are due, the City shall mail, email, hand deliver, or otherwise electronically transmit the RFP package to all contractors in the applicable category of work shown on the contractors list and to all construction trade journals specified by the UPCCAA pursuant to Public Contract Code section 22036. If no contractors list is maintained for the applicable category of work, notice shall be provided only to the required construction trade journals. If the product or service is proprietary in nature such that it may be obtained only from a limited number of contractors, notice may be provided exclusively to such contractor or contractors, as permitted by law.
i. Content of RFP Package. The RFP Package shall
describe the project scope of work and additional
project information, and specify the time and place for submission of proposals. If the project is exempt from
prevailing wage requirements, the notice shall so state.

D. Contractors List. The City shall develop and maintain a list of qualified contractors identified by category of work in accordance with the Public Contract Code Section 22034 and criteria promulgated from time to time by the UCCA Commission.

E. Award of Contract. At the time specified for receipt of proposals, the City shall evaluate all timely received proposals and, unless all proposals are rejected, award the contract to the lowest responsive and responsible bidder only if the City Manager determines that such action is in the best interest of the City. The City may reject all bids or waive any irregularities or informalities in any bid or bidding.

F. Acceptance of proposals in excess of informal bidding threshold. If all proposals received are in excess of the applicable informal bidding threshold, the City Council may, by passage of a resolution by a fourfifths vote, award the contract in accordance with Public Contract Code section 22034(d), as amended.

G. City Manager authorized to award informal contracts. In accordance with Public Contract Code Section 22034(c), the City Council hereby delegates to the City Manager, or designated representative, the authority to award or reject informal contract bids in accordance with the UPCCAA and this chapter.

Item Number: 4.

§ 3.45.140. Bid Procedures– Large Projects.

This section governs the procedures for bidding on all contracts to perform Large Projects. Large Public Works Projects funded in whole or in part by federal, state, or local grants shall be awarded in accordance with the most restrictive applicable bidding requirements. Large Projects shall be awarded using the formal bidding procedures set forth in this section.

A. Bid Specifications, Plans, and Working Details. For all Large Projects, bid specifications, plans, and working details shall be prepared. A Notice Inviting Bids, together with the specifications and plans for the project, shall be completed prior to solicitation of bids.

B. Notice Inviting Formal Bids. The City shall issue a Notice Inviting Formal Bids in accordance with Public Contract Code section 22037, as amended. The Notice Inviting Formal Bids shall state the time and place for the receipt and opening of sealed bids and shall distinctly describe the project. The Notice Inviting Bids shall also be published on the City’s website and through an online plan room platform, software, or service provider designated by the City. The online plan room shall manage and maintain all bidding documents for the duration of the bidding process.

C. Publication and Distribution Requirements. The Notice Inviting Bids shall be published a minimum of fourteen (14) calendar days prior to the bid opening, or for such longer period as may be required by applicable grant or funding requirements. Publication shall be made in a newspaper of general circulation, printed and published within the City’s jurisdiction, or, if none exists, in a newspaper of general circulation circulated within the City’s jurisdiction, or, if no such newspaper exists, by posting the notice in at least three locations within the City’s jurisdiction designated by the City for the posting of notices.

The Notice Inviting Formal Bids shall also be sent electronically, if available, by facsimile or electronic mail, and mailed to all construction trade journals specified pursuant to Public Contract Code section 22036, at least fifteen (15) calendar days prior to the date of opening the bids. In addition to the notice required by this section, the City may provide such other notice as it deems appropriate.

D. Award or Rejection of Bids. The City Council shall award the contract to the lowest responsive and responsible bidder in accordance with applicable law, or may reject any or all bids pursuant to Public Contract Code section 22038, as amended. The City Council may waive any minor irregularities or informalities in any bid or bidding process.

E. Bid Protest Procedures. The City Manager, or designee, is authorized to establish and implement written bid protest procedures applicable to Large Projects to ensure the timely and efficient resolution of bid protests prior to contract award.

F. Prevailing Wage.
i. Notice. If a Large Project is exempt from the payment of prevailing wages under applicable law, the Notice Inviting Formal Bids shall Item Number: 4.

include a statement that the contract is not subject to prevailing wage requirements.
ii. Applicability. Any statement regarding prevailing wage applicability or exemption included in bid notices or solicitation materials is provided for informational purposes only. Contractors are responsible for independently determining and complying with all prevailing wage requirements imposed by the Labor Code and applicable Department of Industrial Relations regulations, and misclassification or omission shall not excuse noncompliance. § 3.45.150. Bid Protest Procedures-All Projects.

City Manager or designee may prepare and implement comprehensive bid protest procedures applicable to contracts awarded under this Chapter to ensure the timely and efficient resolution of bid protests.
§ 3.45.160. Grounds for rejecting public bids.

A. The City may reject any bid or all bids and shall determine bidder responsiveness and responsibility in accordance with applicable law, including the UPCCAA, the Public Contract Code, and the terms of the solicitation.

B. In making determinations of responsiveness and responsibility, the City may consider, among other factors permitted by law, whether a bid conforms to the material requirements of the solicitation and whether the bidder possesses the experience, qualifications, licensing, and capacity necessary to satisfactorily perform the work.

C. Nothing in this section shall be construed to limit the City’s discretion to reject any or all bids or to waive minor irregularities or informalities, as permitted by law.
§ 3.45.170. Maintenance.
i. Maintenance work, as defined by UPCCAA, may, at the discretion of the City Manager, be performed by City employees by force account or by an outside contractor.
ii. The exclusion of maintenance work from the definition of “Public Works Project” for purposes of this chapter does not determine the applicability of prevailing wage requirements, which shall be governed by the Labor Code and applicable Department of Industrial Relations regulations and determinations.
§ 3.45.180. Exemption from Formal and Informal bidding; Cooperative Purchasing (Piggy-backing).

The formal and informal bidding requirements of this chapter shall not apply when the City enters into a public works contract pursuant to pricing and terms previously established through a competitively awarded contract or cooperative purchasing agreement of another governmental agency, provided that City Item Number: 4.

Council approves the contract award and City Manager, or designee, determines that:

1. The originating contract was awarded through a competitive bidding or negotiation process in compliance with applicable law;

2. Use of the originating contract is authorized by the terms of that contract and applicable law;

3. The purchase conforms to the City’s requirements and contract specifications; and

4. The use of the originating contract is determined to be in the best interest of the City, including a determination that the pricing and terms are fair and reasonable when compared to current market conditions or the cost of procuring the work independently.

If a bid protest or claim is filed challenging the award of the originating contract, the City Manager, or designee, shall evaluate the circumstances of the protest prior to recommending approval of the contract to the City Council and may require additional review as deemed appropriate. § 3.45.190. Emergency Contracting Procedures.

A. In accordance with Public Contract Code Section 22035 (as may be amended), in cases of emergency when repair or replacements are necessary, the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the City Council, by contractor, or by a combination of both.

B. If notice for bids to let contracts is not provided as a result of an emergency, the City shall follow the emergency procedures set forth at Public Contract Code Section 22050, as may be amended.
§ 3.45.200. Alternative Delegation of Authority to City Manager in cases of Emergency.

In accordance with Public Contract Code Section 22050, the City Manager or designee is hereby delegated the authority in cases of emergency to order the repair and/or replacement of any public facility, and take any directly related and immediate actions required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

Section 3. CEQA
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 4. SEVERABILITY
Item Number: 4.

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

Section 6. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its adoption.

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 4.

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:

Abstain:

Absent:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer A. Mizrahi, City Attorney
____________________________________
City Attorney
Item Number: 4.

SR-26-073
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 7, 2026
Department: City Manager
Prepared by: Doria Wilms, City Manager
Subject: Strategic Plan Update
RECOMMENDATION:

Receive and file.

BACKGROUND:

In January of 2025, the City Council convened a Special Strategic Planning Session to assess the City's current position, re-evaluate organizational priorities, and establish a clear vision and direction heading into the upcoming Two-Year Budget cycle.

The session resulted in the adoption of eleven overarching Strategic Goals, which now serve as the foundation for policy direction, operational planning and resource allocation. Adopted in July of 2025, the 2025-2027 Strategic Plan provides a focused and forward-looking roadmap for the City of Desert Hot Springs, building upon prior progress while addressing the evolving needs of a growing community.

The Strategic Plan includes:
 11 Areas of Focus
 177 Action Items
 Measurable outcomes tied to performance management and resource allocation.

This report provides a nine-month update on the City's progress in implementing the Strategic Plan.

DISCUSSION:

Since adoption, staff has worked diligently across all departments to align operations, budget development, and performance metrics with the City Council's identified priorities.

Overall Progress (177 Action Items):
 45 Action Items Completed
 80 Action Items In Progress
 35 Action Items Implemented and Continuing on an Ongoing Basis  17 Action Items Scheduled for Future Initiation within the Two-Year Timeline Item Number: 5.

SR-26-073
This represents substantial forward momentum in the first nine months of implementation, with approximately 90% of action items either completed, underway, or institutionalized as ongoing operations.

STRATEGIC GOAL PROGRESS HIGHLIGHTS

1. Freeway Corridor
Staff has advanced coordinated planning efforts focused on infrastructure readiness, land use alignment, and economic development along key freeway corridors, including I-10 and Palm Drive, I10 and Indian and HWY 62 and Pierson BLVD.  MSWD and CVWD actively collaborating on a path for sewer services at the I-10 Palm Drive corridor. Advocacy and coordination with regional partners continues on these efforts.  Targeted outreach to property owners to identify highest and best use opportunities along all freeway corridors.
 Hampton Inn Hotel confirmed at Indian and I-10.
 Highway 62 moratorium adopted by the City Council to preserve the corridor as a strategic tourism gateway. Continued refinement of land use designations to support long-term development.
 City initiated Sewer Study and TIF/EFID Study underway.

2. Hotel/Spa Zone
Efforts are focused on expanding tourism and positioning the City to double Transient Occupancy Tax (TOT) Revenue over the next ten years.
 City hired a Tourism Development Liaison via contract.  Collaboration with the Hoteliers which led to the formation of the Miracle Hill Spa Association and successful Spa Tour event in January of 2026.
 Rebranded and launched the “Miracle Hill Oasis” brand promoting tourism in the City.  Development of a Natural Spa Zone overlay in progress.  Continued engagement with prospective hospitality development projects in various stages of the development process.
 Updated Short-Term Vacation Rental regulations adopted by the City Council.  Hotel and Spa Incentive Program updates approved by the City Council.

Item Number: 5.

SR-26-073
 Ongoing preservation and reactivation of boutique hotel properties.  The Hyundai Hotel purchased and in Building Plan Check. Rebranded to The Soluna Hotel operating the upper-upscale brand Dolce by Wyndham.

3. Downtown District
Revitalization efforts are underway to strengthen the Downtown Art and Culture District as a vibrant community hub.
 Development of a cohesive downtown identity "The BLVD." Incorporation of signage, marketing and web presence ongoing.
 The Downtown BLVD. Event Space completed in Fall 2025.  Launched Desert Nights on the BLVD. Event and Concert Series in Fall of 2025.  Palm Springs Cultural Center launched a bi-monthly Farmers Market at The BLVD. Event Space.
 FORMAT Art Events activated by Known Gallery.
 Expansion of the Downtown Mural Program (Phase II underway by Known Gallery)  $11.3 million dollars awarded to the City via the AHSC Grant for the design and construction of a Transit HUB, streetscape, placemaking, bikeways, trees, sidewalks and road diet in the downtown.
 Beautification of the Downtown via clearing and grubbing of vacant lots and collaboration with downtown businesses to complete exterior improvements.
 Working to attract businesses to the Downtown.

4. Public Safety – Staffing & Community Policing
The City continues to enhance public safety through staffing, leadership development, and community policing strategies.
 Completion of Police Department POST Organizational Assessment.  Added two Lieutenant positions and promoted from within.  Increased recruitment efforts resulting in the hiring of nine Police Officers, three of which were designated as "over-hires". The department is staffed at 36 Sworn Officers.

Item Number: 5.

SR-26-073
 Formal over-hiring strategy in development and will come before City Council for review and approval.
 Recruitment of a Deputy Chief completed.
 Continued implementation of community policing.
 Public Safety Annex nearing completion.
 Ongoing reduction in crime rates.

5. Public Safety – Quality of Life
A balanced and compassionate approach is being implemented to address homelessness and quality of life concerns.
 Transition from a Housing First model to a Treatment and Accountability model  Improved outcomes:
o 76% treatment acceptance rate
o 53% long-term housing success rate (up from 8% when deploying the Housing First Model)
 Deployment of a multidisciplinary Critical Response Team  Reduced SWAG's contract resulting in a cost savings exceeding $450,000 while improving outcomes.

6. Community Beautification
Efforts to enhance community appearance and address illegal dumping have intensified.  Proactive code enforcement efforts.
 Continued partnership with Desert Valley Disposal.
 Exploration of long-term franchise agreement solutions to address robust debris accumulation in residential neighborhoods.
 Public education through social media and The Springs Insider Magazine.  Development of a comprehensive illegal dumping campaign combining education and enforcement.

Item Number: 5.

SR-26-073
 Rental Registration Program - anticipate hiring Code Officer in Q3 of 2026 to implement this goal.

7. Community Parks
The City is prioritizing park improvements while planning for future expansion.  Groundbreaking of Eagle Sports Park - February 2026
 Construction is near completion of Reflection Park at 8th and Palm Drive  Installation of shade structures and bleachers at Wardman Park completed.  Design underway for Skyborne Park.

8. Community Services, Engagement & Quality of Life
Expanded programming and services continue to strengthen community engagement and quality of life.
 Ongoing construction of the Furbee Aquatic Center Pool and New Splash Pad (anticipated completion in May 2026)
 Currently exploring year-round pool operations through partnerships with regional agencies.  Expanded services with Riverside County Veteran Services at the Lozano Community Center located at Guy Tedesco Park.
 Growth in youth and senior programming, planning for facility use optimization.

9. Animal Care and Control
Significant operational improvements have resulted in enhanced service delivery and animal welfare outcomes.
 Achievement of full staffing levels.
 Hired Full-time administrative support, reducing complaints.  Implementation of training, SOPs, and operational improvements.  Strengthening of volunteer programs, Code of Conduct Policy and SOP's.  Hired an Adoption Coordinator via contract.
 Partnership with Greater Palm Springs Animal Allies on the opening of the Animal Clinic.

Item Number: 5.

SR-26-073
 Expansion planning and implementation of spay/neuter clinics and community education remain ongoing.

10. Street/Road Infrastructure
Efforts are focused on both immediate maintenance and long-term infrastructure planning.  DRAFT Pavement Management Plan complete. Will come before the City Council for review and feedback.
 Staff working to initiate a circulation study in the industrial area to explore ingress, egress options.
 Prioritizing routine road and pothole repairs.
 Coordination with partner agencies and Caltrans on potential new freeway access.  Coordination with Caltrans for Highway 62 & Pierson signal installation remains ongoing.

Construction anticipated to commence in January 2027.

11. Financial & Operations
Organizational improvements are enhancing efficiency, accountability, and service delivery.  Finance Department received two budget awards.
 Integration of Strategic Plan alignment into all Council agenda items.  Implementation of employee performance evaluation program.  Updates to procurement processes and ordinances.
 Evaluation of digital RFP/RFQ platforms.
 Launch of Employee Recognition Program.
 Updates to compensation and benefits profiles completed.  Expansion of training and policy standardization.
 Continued refinement of 10-year financial forecasting.

The Strategic Plan has been fully integrated into core City functions, including:
 Budget preparation for the 2025–2027 cycle
 Department work plans
 Performance evaluation systems
Item Number: 5.

SR-26-073
 Capital improvement planning
 Resource allocation decisions
The Plan serves as the City’s operational roadmap, ensuring that daily decisions align with Council priorities and measurable outcomes. At the nine-month mark, implementation is progressing in a deliberate, measurable, and disciplined manner. With 45 action items completed, 80 actively underway, and 35 institutionalized as ongoing operations, the City is demonstrating meaningful momentum across all eleven strategic focus areas. Staff remains committed to executing the plan efficiently and transparently while continuing to respond to the needs of the community.

FISCAL IMPACT:

There is no fiscal impact.

STRATEGIC ALIGNMENT:

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

Goal 1: Freeway Corridor
Take urgent and intentional steps to improve infrastructure and attract high quality development along the city’s freeway corridors, focusing on the highest and best use of land and zoning designations.

Goal 2: Hotel/Spa Zone
Double Transient Occupancy Tax in 10 years.

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 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.

Goal 5: Public Safety – Quality of Life
Balance the needs of the unhoused with the quality-of-life needs and concerns of the broader community.

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

Item Number: 5.

SR-26-073
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 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.

Goal 9: Animal Care and Control
Provide exceptionally high levels of customer service to the city residents while ensuring the highest levels of humane treatment of all animals in the care of the city’s Animal Care and Control.

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.

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

ATTACHMENTS:
1) 2025-2027 City of Desert Hot Springs Strategic Plan
2) Strategic Plan Dashboard
3) Strategic Plan Status Update
Item Number: 5.

1 STRATEGIC PLAN
2025 – 2027
Item Number: 5.

2 STRATEGIC PLAN
To build on the City of Desert Hot Springs's achievements, the 2025-2027 Strategic Plan sets forth strategic goals and actionable items to guide budget preparation, performance, program evaluation, and resource allocation. Developed in collaboration with the City Council, staff, and community members, this plan aims to address the needs of our growing city through deliberate and measurable steps for the efficient execution of its goals. Staff will provide regular updates on implementing this plan over the next two years.

VISION
The City of Desert Hot Springs is a world-class
health and wellness destination based
upon its famous miracle waters, unique
desert ecosystem, spectacular mountain
views, and natural environment.

MISSION
City of Desert Hot Springs’ public servants
are committed to maintaining fiscally
responsible operations. They achieve this by
implementing streamlined processes that
maximize efficiency and reduce
unnecessary government bureaucracy. At
the same time, they provide exceptional
levels of customer service and
professionalism to enhance the quality of
life and promote growth and prosperity for
our residents and businesses
ETHICS
City officials and employees uphold the
highest levels of ethics, personal integrity
and honesty in all interactions to maintain
public trust and confidence.

CORE VALUES
Fiscal Responsibility, Exceptional Customer
Service, Efficiency and Elimination of
Bureaucracy, Collaboration, Honesty and
Integrity, Community Engagement and
Involvement, Trust and Transparency.

Item Number: 5.

3 GOALS AND AREAS OF FOCUS

FREEWAY COORIDOR
Take urgent and intentional steps to improve
infrastructure and attract high-quality
development along the city’s freeway corridors,
focusing on the highest and best use of land
and zoning designations.

HOTEL/SPA ZONE
Double Transient Occupancy Tax in 10 years.

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

PUBLIC SAFETY – STAFFING & COMMUNITY

POLICING
Enhance the quality of life for our residents and
staff by establishing appropriate law
enforcement staffing levels and implementing
community policing initiatives.

PUBLIC SAFETY – QUALITY OF LIFE
Balance the needs of the unhoused with the
quality-of-life needs of the overall community.

COMMUNITY BEAUTIFICATION
Focused execution of beautification efforts citywide via enforcement measures and the abatement of illegal dumping.

COMMUNITY PARKS
Provide maintenance and strategic upgrades
at existing parks while pursuing creative ways to
expand park offerings via pockets parks and
securing grant funding to plan for and build out
parks in the Parks Master Plan.

COMMUNITY SERVICES, ENGAGEMENT &

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.

ANIMAL CARE AND CONTROL
Provide exceptionally high levels of customer
service to the city residents while ensuring the
highest levels of humane treatment of all
animals in the care of the city’s Animal Care
and Control.

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.

FINANCIAL & OPERATIONS
Continue to provide fiscally sound operations
via the ongoing evaluation of city processes
and operational needs to maximize efficiency,
streamline processes and cut bureaucracy,
when possible, to deliver outstanding customer
service and professionalism in all interactions
with residents and the public.

Item Number: 5.

4 ACTION ITEMS
Area of Focus #1 – FREEWAY COORIDOR
GOAL: Take urgent and intentional steps to improve infrastructure and attract high quality development along the city’s freeway corridors, focusing on the highest and best use of land and zoning designations.

Action Items:
a. 1-10 and Indian, 1-10 and Palm Drive and HWY 62
i. Take all steps necessary with CVWD, MSWD and other partners and agencies to strongly advocate for the execution of a Shared Service Agreement between CVWD and MSWD for sewer services to kick start development along the 1-10 corridor and Palm Drive from Dillon to the 1-10.
ii. Prioritize additional hotel, and commercial development along the 1-10 and Indian corridor to serve anticipated workforce in the industrial area. iii. 1-10 and Palm Drive – Intense and focused efforts to identify strategically important sites/properties, property owners and capital partners to attract and retain commercial development along the 1-10 and Palm Drive corridor once service agreement is in place with the water agencies.
iv. HWY 62 – Tourism Gateway into the City.

1. Coordinate with CalTrans to install City of Desert Hot Springs Signage along HWY frontage of HWY 62

2. Intense and focused efforts to identify strategically important sites/properties, property owners and capital partners to attract and retain commercial development along the HWY 62 corridor

3. Installation of an entry monument sign on Pierson Blvd. near HWY 62 Area of Focus #2 – HOTEL/SPA ZONE
GOAL: Double Transient Occupancy Tax in 10 years.

Action Items:
a. Focused and deliberate efforts to attract Hotel developers and entrepreneurs to the City of Desert Hot Springs via attendance at events, trade shows and conferences. b. Explore the hiring of a Tourism Development Liaison on contract to kick start these efforts for the City’s attendance at these events.
c. Evaluate the STVR regulations via the City Council Subcommittee to determine if any changes are necessary.
d. Preservation of the “Spa Zone”
Item Number: 5.

5 i. Explore alternate zoning/Miracle Hill Oasis overlay to prohibit development of anything other than hotel/restaurants in a very segmented section of the existing spa zone where the hottest mineral waters are located, while preserving the existing “Spa Zone” which allows for both housing and hotel development. ii. Evaluate the existing Spa Revitalization TOT Incentives via the City Council Subcommittee to better attract hotel developers and entrepreneurs to develop ground up construction of hotels or revitalize existing hotels. iii. Explore signage and focused beautification efforts of the Spa Zone to enhance the tourist experience in the City.
iv. Focused Tourism Advertising, Marketing and Promotion

1. Intense marketing of “Miracle Hill Oasis” as a destination in collaboration with the hoteliers via the city’s contract with JNS Next and Visit Greater Palm Springs.

2. Partner with Hoteliers to incorporate “Miracle Hill Oasis” brand into their Hotel/Spa experience. Example: Miracle Hill Oasis robes, eye masks, swag, update spa/hot water maps, maps of the murals, hiking trail maps, restaurant maps directing tourists to “The Downtown District”. Branding should be everywhere in the spa zone in collaboration with the existing hoteliers.

3. Explore programs and collaborations with partners and agencies to capitalize on opportunities for those seeking Health and Wellness experiences via hiking and the city’s proximity to Sand to Snow National Monument, Joshua Tree National Park and the city’s Hot Mineral and Drinking Water.

4. Refresh branding with JNS Next to better reflect “Desert Hot Springs – Miracle Hill Oasis” as a unique Health and Wellness destination in the valley, while still partnering with Visit Greater Palm Springs as a regional partner.

Area of Focus #3 – DOWNTOWN DISTRICT
GOAL: 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.

Action Items:
a. Activate downtown events, in a phased approach, focusing on the West-Cactus segment, for residents and tourists, as a means of bringing foot traffic to existing business and spurring other economic development activities.
i. Activate temporary Event Spaces in the Downtown, while the City executes on the larger plan of executing streetscapes, placemaking, road diets and permanent event space in the downtown.

Item Number: 5.

6 ii. Submit the up to $15 million-dollar AHSC Grant application for Downtown Street Scape, Road Diet, Permanent Event Space, Placemaking and Transit HUB project in collaboration with Abode Affordable Housing Developer.
iii. Activate a Monthly Concert series via a contract with Take 5 Entertainment. Staff will work to incorporate downtown businesses while activating non-competing Food Trucks and other local vendors during this event.
iv. Evaluation and reimagining of Friday Nights on Pierson. Explore name, frequency, location in the downtown, and feasibility of its long term success. v. Continue to work with The Palm Springs Cultural Center to facilitate a Certified Farmers Market on Sunday mornings in the downtown area. b. Downtown Art and Murals
i. Work with Known Gallery to execute Phase two of the Downtown Art and Mural Project, capitalizing on the initial internationally known artists via intense advertising and promotion in conjunction with Known Gallery/The Seventh Letter/The Mural Supply Co.
v. Encourage and implement Art Walks, Cultural Events and Paint Nights in the downtown.
vi. Engage the youth and local artists to participate in the continued incorporation of Art and Culture in the Downtown.
c. Downtown Beautification
i. Institute a more aggressive Vacant Property Registration Program to encourage rental of vacant commercial properties in the downtown and other city locations. ii. Downtown Sign Program – Initiate a downtown signage program. iii. Initiate Downtown Small Business Grant program for signage, façade and landscaping assistance to beautify downtown and activate spaces for EcDev initiatives and purposes.
iv. Collaborate with vacant parcel owners to clean lots, clear/grub and lay ground cover in Public Right of Way to provide clean, esthetically pleasing areas ready for EcDev opportunities.
v. Initiate Downtown Branding/Social Media to create “The Downtown District” as a destination.

1. Partner with downtown small business stakeholders and the community to name the downtown.

2. Partner with downtown small businesses to incorporate “The Downtown District” brand in their storefronts. Example: create posters and maps of the murals and hang in EVERY business in the downtown.

Downtown branded trash cans, benches, handouts. Downtown branding should be everywhere in the downtown area in
collaboration with the existing businesses.

3. Visible Banners, signage, and temp screenings where needed to create esthetically pleasing spaces in the downtown.

II. Encourage the activation of parking lots and vacant parcels by landowners to create esthetically pleasing spaces downtown.

Item Number: 5.

7 Area of Focus #4 – PUBLIC SAFETY- STAFFING AND COMMUNITY

POLICING
GOAL: Enhance the quality of life for our residents and staff by establishing appropriate law enforcement staffing levels and implementing community policing initiatives.

Action Items:
a. Implement a police recruitment and over hiring process to always ensure proper staffing levels.
b. Conduct a P.O.S.T. Evaluation to ensure the proper operational structure for the Police Department and hire accordingly.
c. Establish a Council policy on Police Staffing levels based on P.O.S.T. recommendation. d. Organize, train and cultivate a culture in the Police Department to facilitate Community Policing.
e. Commitment to complete the Public Safety Annex Complex, which includes exploring grants to fund the improvements that are necessary at Fire Station 37 that were removed due to construction costs.
f. Work with CalFire to explore the continued programming and utilization of the Medic Squad in perpetuity.
g. Enhance traffic enforcement and control along main corridors of the city, utilizing the Motor Officer as much as possible in these efforts.
h. Balance Social Media efforts highlighting both information on significant events AND at minimum two positive police stories or press releases per week.

Area of Focus #5 – PUBLIC SAFETY – QUALITY OF LIFE
GOAL: Balance the needs of the unhoused with the quality-of-life needs and concerns of the broader community.

Action Items:
a. Continue with dedicated team comprised of Law Enforcement, Code Enforcement, and SWAG to provide resources and services to the unhoused population while continuing to enforce a zero-tolerance policy for any criminal activity. b. Continue to work with property owners to institute and enforce 602 No Trespassing letters and abate encampments in collaboration with private property owners and in the public right of way per ordinance.

Item Number: 5.

8 c. Explore ERF Funding with CVAG, Riverside County and CVCC so long as the efforts and other agencies align with and are not in contradiction to the City’s efforts to provide services and address homelessness.

Area of Focus #6 – COMMUNITY BEAUTIFICATION
GOAL: Focused execution of beautification efforts city-wide via enforcement measures and the abatement of illegal dumping.

Action Items:
a. Intense education to residents on programs available via Desert Valley Disposal and other partner agencies to abate illegal dumping.
b. Continue to partner with Desert Valley Disposal on illegal dumping program which is instituted now in the DVD Franchise Agreement.
i. Work with DVD to institute a SFR and multi-family fee to abate the long-standing issue of illegal dumping that occurs following the turnover of renters in SFR and multi-family units in the City.
ii. Advertise steep fines for illegal dumping (signage at frequent illegal dumping sites, educational billboards, information on bulky item pick-up dates in City newsletter/magazine)
iii. Strict enforcement for offenders of illegal dumping. c. Continue Code Enforcement measures in the main corridor of the City to ensure businesses, shopping centers and vacant property owners are abiding by the Municipal Code.
d. Facilitate quarterly meetings with shopping center owners and property managers to establish strong working relationships to progress the city’s goals and vision. e. Institute a Rental Registration Program to abate long standing issues with substandard living conditions of rental properties caused by absentee/irresponsible property owners.

Area of Focus #7 – COMMUNITY PARKS
GOAL: 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.

Action Items:
a. Parks Master Plan – Identify next 4 parks from the Parks Master Plan i. Secure funding and develop plans for identified parks to ensure shovel ready projects to aggressively pursue grant funding.
b. Pocket Parks – institute pocket park program in existing LMD’s/DAD’s c. Wardman Park – Old Boys and Girls Club – pursue grant funding for batting cages/rehabilitation of the building.

Item Number: 5.

9 i. Secure temp screening around fencing to hide drained pool. ii. Install new bleachers at the Little League Field
Area of Focus #8 – COMMUNITY SERVICES, ENGAGEMENT AND

QUALITY OF LIFE
GOAL: 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.

Action Items:
a. Complete pool repairs at the John Furbee Aquatic Center and the installation of the Splash Pad following the 2025 swim season.
b. Explore funding mechanisms as a means of transitioning the John Furbee Aquatic Center to year-round swim commencing with the 2026 swim season. c. Expand Veteran services in the City of Desert Hot Springs via a lease agreement with Riverside County Veteran Services to relocate their Coachella Valley offices to the Lozano Center.
d. Expand youth activities and services at the Health and Wellness Center e. Explore funding and provide options to the City Council for the expansion of Senior Center services at the Old Library on the Senior Center campus. i. Give notice to entities utilizing space on the Senior Center campus to maximize space on the complex for Senior Services.
ii. Create a non-profit to better facilitate funding opportunities for Senior Services, Recreation activities, including Little League and youth sports and the animal sanctuary.
f. Provide intense Community engagement and outreach to the residents of Desert Hot Springs, with particular focus on “humanizing” City Hall as a means of encouraging pride, engagement and participation with city initiatives and goals. g. Conduct Education Events, Informational Townhalls and opportunities for engagement to bring City information to the residents.
h. Provide Civics Academy twice a year to the residents of Desert Hot Springs. i. Focused efforts to Improve the City’s Regional Image i. Establish better relationships with regional partners and media. ii. Increase staff participation and engagement regionally. iii. Ensure the City is proactively telling “its story” rather than allowing the City to be defined by outdated stigma and history.

Area of Focus #9 – ANIMAL CARE AND CONTROL
Item Number: 5.

10 GOAL: Provide exceptionally high levels of customer service to the city residents while ensuring the highest levels of humane treatment of all animals in the care of the city’s Animal Care and Control.

Action Items:
a. Maintain adequate staffing levels of Animal Control Officers and Kennel Technicians. b. Hire an Administrative Assistant for Animal Care and Control c. Conduct trainings at all staff levels, including management, to improve customer service to the residents and partners of the City of Desert Hot Springs. d. Create and incorporate an aggressive adoption program to improve capacity and quality of life for the animals in the care of animal care and control. e. Build out a strong volunteer program and empower them to assist with dog walking, socialization and general care of the animals at Animal Care and Control. f. Explore strategic partnership with Greater Palm Springs Animal Allies for the Animal Sanctuary, similar to the Animal Hospital.
g. Provide intense and comprehensive education and information to the residents via social media.
h. Facilitate partnerships with regional organizations to facilitate affordable immunization and spay and neuter clinics for the residents of Desert Hot Springs.

Area of Focus #10 – STREET/ROAD INFRASTRUCTURE
GOAL: 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.

Action Items:
a. Develop a more comprehensive street repaving program, focusing on most severe streets. b. Prioritize routine repairs of potholes in a proactive manner. c. Indian/Little Morongo-20th Avenue Road Infrastructure i. Plan for alternate paths of ingress/egress around the industrial area. ii. Explore funding mechanisms including EIFD’s, Bonds and Grants to plan for and execute infrastructure improvements that will be necessary to keep pace with the anticipated growth of the Indian/Little Morongo-20th Ave industrial zone. d. Plan for alternate freeway access at Little Morongo, via the submittal of an application for a new on-ramp at Little Morongo and the 1-10.
e. Continue to collaborate with Caltrans on the Stop Light at HWY 62 and Pierson to ensure project stays on track and is completed as planned and promised by CalTrans. f. Prioritize funding to install the Stop Light at Palm Drive and Park Lane. g. Plan for creative alternative paths of travel to relieve traffic on Palm Drive and Indian Canyon. (Example: Explore funding mechanism to pave Little Morongo to Varner/20th/Freeway)
Item Number: 5.

11 Area of Focus #11 – FINANCIAL AND OPERATIONS
GOAL: Continue to provide fiscally sound operations via the ongoing evaluation of city processes and operational needs to maximize efficiency, streamline processes and eliminate bureaucracy, when possible, to deliver outstanding customer service and professionalism in all interactions with residents and the public.

Action Items:
a. Explore the potential and feasibility of adjusting some City Hall operations to a Monday through Friday public schedule, with a continued commitment to supporting the 4/10 work schedule for staff.
b. Ensure staff is providing “exceptionally high levels of customer service” in all interactions, embodying the “we don’t operate government as usual” culture the city has become synonymous with.
c. Facilitate biennial Strategic Planning Sessions with the community, City Council and Staff. d. Add a “Strategic Plan Integration” section to each Agenda item to track all Council Actions and how they align with the Strategic Plan.
e. Institute internal Employee Performance evaluations to align with measurable goals and benchmarks based on Strategic Planning goals and priorities. f. Update the City’s internal Procurement Process and continue instituting best practices. g. Explore Planet Bid (or something similar) for all RFP/RFQ listings to ensure listings are spread far and wide resulting in a more competitive bidding process for all City projects. h. Establish an employee recognition program quarterly, with the winner of the annual Rotary Big Heart Award being selected from the pool of “Employee of the Quarter” recipients. i. Re-Establish and refresh the City’s L.E.A.D Program to promote an internal collaborative culture that spans across departments and discourages departmental silos. j. Review and update Compensation and Benefits Profile document for Non-Represented Employees and Department Heads.
k. Ensure city-wide and department specific mandated safety training programs are followed and expanded upon to ensure staff safety and to mitigate risks. l. Continue 10-year Financial Forecasting with updates to the City Council. m. Conduct finance policy reviews and update every 5 years. n. Work toward applying for the Audited Financial Reporting Award through GFOA. o. Create an Unfunded Liability policy and establish a plan to fund the unfunded pension trust account via PARS commencing in the FY 27 budget cycle.
p. Currently, the city can fund two months of operational expenses via emergency reserve fund balance. Create a policy to fund two months’ worth of operational expenses via the unassigned fund balance as per GFOA recommendations.

Item Number: 5.

12 Item Number: 5.

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Eye-ale and Iu‘nig’ne ?iday Nighs en Piasml, eel-mag ns r! I (
name. heeoeney, mmlomien and hngrtam eiala ny
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Suppon ongoaageellaheielion nilh pal.n Spin-gs ciihmal Caner YE le hosla Sunday liming Cmi?lsd rannes Maleel illhe "' “M“ “ dawnlm aies
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Pimla nilh Kluwn Galleeylo laundl phase Tim emie Dawnlm Mi m Anand MIIII piojeq hui?ng en inoenalaenal anisl .eeegnlim llaough 5“ng [Hawaiian and Mug.
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Y i: J: :NIIIGnSV mam." +hdene.
mm + mail-m
MSWD and cvwn aae aaively mllibm‘lling en pail. loi smer seeviees al wasmason. We mniil in eon-nunieaoon le era-e lhe Cnys geal is adievui.
llaniplon lnn llolel (MIT-med al I .an and Ho. Coma-led almudl all! eellaleeielion le idllm Int-313mgeal
Echv ineeling luilh pinpu’ly minus City .nnialed Semasnalyaael “FIEFID smdy endemay.

Cenlael made wilh Camans lo laalale lles lequs‘.
llwvaz Mol?nu'um adepled oylhe .ly Ollkimpmem
indusnial um Enllmiml of long oein land us endemay.
land idenliiied 6w signage. Coon: lion needed le .enegoliale llie polenhial .eloeaoenoleidmg enny sigial palni Dlille, Mich wuld be lq?acsd by a m emy inondinenl sign Mm: Meel lhe MuncyEvemand lhe Travel and Adam":

Show will W5 le 3“er pnqoemoedaelopels
Cenlianed luilh llayee lonsmd
updaled SI'VR llegelanens Adepled by the Guy Ozund , Deee-noq 1025

2.2 Mlgs held lo elem. feedback. scallieoiliing on .egulalions lhal will be hioogn mole llie Gly Counal lei eonsideialion
“Md and Spa lneenliee p.og.an.“pins ipplmed by die Cny
leKil
aoleing epiiens .nonienonnea pldulp nealhe mnwlelione1
ihe llaaenda seen Impumnenl Pnjezl.
aianding esiahlished, mam-3 ‘lldeplsklen?y and in eollalaeialion willl lhe lmeleis .einains enge ng.

Nun Miiaele ll.lls.aaAsslxialion (mini o, Mghdli?f-g
hilhnavd and mill: mam-3 panned-us lleldlle Spa roe n
lanaiy 2025 m .emiadoee lhe cnys helels and spis lo neidenis and .isidas alike.
pannaed wilh mlpll. vaps and olheiagaseime plume heallh and mllmm in Dm llol Swings.

M' ade ‘llOan‘s aianding Complete and be‘ng adveelisedvia soeial .ned ,lalloeaads and mha slmegie m
laemied Dscn Nignls on lhe BLVD,teem-led rm Milizl and
long ein phase Tvm elllie Dawlmwlm Mural Pnjezl.
llie BlVD Event Space was (mpleled in Fall of 2025. Annalsen ol evenls .eniains ongoing.

SIB nil ondollasnasanaided lelhe cnyhylhellllsc Gum.
lhis gain will he used ?x lhe desigl and eeieimnien ol a linen HUB nieesseaoe, elaeenialiing hiklurlays, m sum-is and mad lhe peninm.

Dani Niglns onlhe lllvn naslaendied a. Fall elznzs.

Ceinneainy sulveys cud-(1511 we! the sun-met. Dun Nighls en the BLVD.“ moduned lo lhe (mumllilyil Fall 2025.
palni seeing; mineral Ceinee laaiened llie renilied rannas Mailel inlliediannoauniil-Iolznzs.

Culi?ml nomad anaeded le lhe Minal Supply Co. fur phase Tim uf lhe nomilmn Minal piqeee
phase 2 Dawmnwn MIIII piojeel eenemly endemay.