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FORM F - MARKETING Invitation No.: TS06-21
Offeror Name:
Bidder shall providea written narrative explaining in some detail actiities that will be undertaken to actively market and promote an H-GAC contract to local government and non-profit End Users.
Robert Half will continue to implement the following approach and actions in order to promote HGAC’s end-users utilization of the HGACBuy contract:
Asa current provider under an H-GAC contract, Robert Half would continue to communicate all key contractual parameters and specifics of the H-GAC agreement to our branch offices, equipping them to best market to your member organizations as well as non-member organizations.
Our internal staff is trained and experienced in how to direct non-member organizations to becoming part of H-GAC, helping to facilitate them through the sign-up process. Our teams will also review and update skill definitions, pricing, procedural guidelines for placing temporary staff, and all required documentation as dictated by the client agreement.
As has been Robert Half’s process to date, all relevant H-GAC information, including use of the H-GAC sign-up form, is posted to the Strategic Accounts section of Robert Half’s Intranet, the site used by our field staff asa reference and to receive any HGAC cooperative member updates. This process enables our national salesforce of Staffing Professionals to be knowledgeable and maintain current account information.
Robert Half will continue to actively participate and coordinate with H-GAC regarding attendance at trade shows and other public marketing events in order to promote joint marketing efforts. In addition, we will continue to assist H-GAC with internal rollouts to members by drafting marketing material or content for the H-GAC internal member website.
These steps along with Robert Half’s broad coverage help to ensure candidate availability to H-GAC program members, providing the level of service that members require and have come to expect.
DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A Page 26 of 31
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When using the DOL website guidelines, as the Base pricing rate for Temporary Hire:
65%
NA
NA
70%
Varies from 641 -
1561 depending on
position
yes/no > > Yes
fee: > > > See below chart
See below chart
See below chart
Explain here:
8.) Direct-Hire annual salary percentage of Mark-up. 25%
9.) Direct-Hire guarantee period in hours. 520
** The annual salary must be equal to or less than
hourly rate provided in the job descriptions listed on
Form D - Page #2, using the multiplier of 2080
hours.
FORM D1 - PRICING PAGE #1
6.) Are there any liquidation fees if the above conversion hours are not met?
7. ) If there are liquidation fees or charges for the above transaction, what hours: > > >
percentage > >
OfficeTeam Only
Length of Assignment Fee
0-160 hours 25% of annual starting salary
161-320 hours 20% of annual starting salary
321 - 480 hours 15% of annual starting salary
481 - 640 hours 10% of annual starting salary
641+ hours No Fee
Robert Half Technology, Accountemps, The Creative Group, Robert Half Legal
1.) What is the percentage of Mark-Up added to the Base rate for an Administrative position?
2.) What is the percentage of Mark-Up added to the Base rate for an Light Industrial position?
3.) What is the percentage of Mark-Up added to the Base rate for an Heavy Industrial position?
4.) What is the percentage of Mark-Up added to the Base rate for an IT position?
5.) What is the minumum conversion time in (hours) for a temporary employee to be hired without incurring a conversion or buyout fee? Attachment A
Temporary Staffing, Direct-Hire and Other Employer Services Contract No. TS06-21
Cost of services, Mark-up (MU) percentage pricing:
Robert Half International, Inc.
DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A
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10.) Payrolling percentage of Mark-Up. NA
DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A
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Code Occupation Description Mark-Up % Total Total
Low High
Please Use a
Whole Number
as the % (MU).
Example 25% =
1.25 Low High
A01 Accountant I $20.30 $31.90 1.70 $34.51 $54.23
A02 Accountant II $30.00 $49.00 1.70 $51.00 $83.30
A03 Financial Analyst I $21.00 $32.50 1.70 $35.70 $55.25 A04 Financial Analyst II $33.00 $52.80 1.86 $61.38 $98.21 A05 Payroll Clerk $17.00 $25.00 1.70 $28.90 $42.50
A06 Cost Accounting Specialist $22.00 $44.00 1.70 $37.40 $74.80 A07 CPA $25.00 $50.00 1.70 $42.50 $85.00
A08 Financial / Business Analyst $22.00 $49.50 1.86 $40.92 $92.07 A09 Controller $35.20 $60.00 1.86 $65.47 $111.60
A10 Auditor I $19.80 $30.80 1.70 $33.66 $52.36
A11 Auditor II $29.00 $48.00 1.70 $49.30 $81.60
B01 Accounting Clerk I $12.00 $18.00 1.70 $20.40 $30.60 B02 Accounting Clerk II $18.00 $21.00 1.70 $30.60 $35.70 B03 Accounting Clerk III $21.00 $24.00 1.70 $35.70 $40.80 B04 Administrative Assistant $13.00 $19.00 1.65 $21.45 $31.35 B05 Call Center Representative $15.00 $26.00 1.65 $24.75 $42.90 B06 Copy Machine Operator $12.00 $15.00 1.65 $19.80 $24.75 B08 Customer Service Representative I $15.00 $18.00 1.65 $24.75 $29.70 B09 Customer Service Representative II $18.00 $22.00 1.65 $29.70 $36.30 B10 Customer Service Representative III $22.00 $27.00 1.65 $36.30 $44.55 B11 Data Entry Operator I $12.00 $16.00 1.65 $19.80 $26.40 B12 Data Entry Operator II $16.00 $20.00 1.65 $26.40 $33.00 B13 Document Preparation Clerk $12.00 $18.00 1.65 $19.80 $29.70 B14 Executive Assistant $19.00 $29.00 1.65 $31.35 $47.85 B15 General Clerk I $12.00 $15.00 1.65 $19.80 $24.75
B16 General Clerk II $15.00 $20.00 1.65 $24.75 $33.00
B17 General Clerk III $20.00 $24.00 1.65 $33.00 $39.60
B18 Legal Secretary I $18.00 $24.00 1.70 $30.60 $40.80
B19 Legal Secretary II $24.00 $31.00 1.70 $40.80 $52.70 B20 Mail Room Clerk $12.00 $15.00 1.65 $19.80 $24.75
B22 Personnel Assistant (Employment) I $12.00 $15.00 1.65 $19.80 $24.75 B23 Personnel Assistant (Employment) II $15.00 $18.00 1.65 $24.75 $29.70 B24 Personnel Assistant (Employment) III $18.00 $22.00 1.65 $29.70 $36.30 B25 Production Control Clerk $15.00 $25.00 1.65 $24.75 $41.25 B26 Secretary I $12.00 $15.00 1.65 $19.80 $24.75
B27 Secretary II $15.00 $18.00 1.65 $24.75 $29.70
B28 Secretary III $18.00 $25.00 1.65 $29.70 $41.25
B30 Receptionist/Switchboard Operator $12.00 $18.00 1.65 $19.80 $29.70 B31 Records Management Clerk $15.00 $25.00 1.65 $24.75 $41.25 B35 Word Processor I $12.00 $15.00 1.65 $19.80 $24.75
B36 Word Processor II $15.00 $18.00 1.65 $24.75 $29.70
B37 Word Processor III $18.00 $22.00 1.65 $29.70 $36.30 Administrative Support and Clerical:
Accounting:
Attachment A
Robert Half International, Inc.
Temporary Staffing, Direct-Hire and Other Employer Services Contract No. TS06-21
Pricing Range
FORM D2 - PRICING PAGE #2.1
DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A
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D13 Shipping / Receiving Clerk $12.00 $18.00 1.65 $19.80 $29.70 E04 Claims Processor $15.00 $24.50 1.65 $24.75 $40.43
E05 Claims Processor (Senior) $19.00 $30.00 1.65 $31.35 $49.50 E11 Eligibility / Insurance Verifier $13.00 $22.00 1.65 $21.45 $36.30 E12 Eligibility Referral Coordinator $13.00 $22.00 1.65 $21.45 $36.30 E14 Insurance Coordinator $15.00 $24.50 1.65 $24.75 $40.43 E20 Medical Record Clerk $13.00 $19.00 1.65 $21.45 $31.35 F01 Application Developer $40.00 $75.00 1.70 $68.00 $127.50 F02 Application Support Analyst $30.00 $60.00 1.70 $51.00 $102.00 F03 Applications Engineer $40.00 $75.00 1.70 $68.00 $127.50 F04 Computer Operator I $18.00 $27.00 1.70 $30.60 $45.90 F05 Computer Operator II $25.00 $34.00 1.70 $42.50 $57.80 F06 Computer Operator III $32.00 $39.00 1.70 $54.40 $66.30 F07 Computer Operator IV $40.00 $49.00 1.70 $68.00 $83.30 F08 Computer Operator V $48.00 $60.00 1.70 $81.60 $102.00 F09 Computer Programmer I $33.00 $49.50 1.70 $56.10 $84.15 F10 Computer Programmer II $50.00 $60.50 1.70 $85.00 $102.85 F11 Computer Programmer III $61.00 $77.00 1.70 $103.70 $130.90 F12 Computer Programmer IV $78.00 $93.50 1.70 $132.60 $158.95 F13 Computer Systems Analyst I $30.00 $40.00 1.70 $51.00 $68.00 F14 Computer Systems Analyst II $40.00 $50.00 1.70 $68.00 $85.00 F15 Computer Systems Analyst III $50.00 $77.00 1.70 $85.00 $130.90 F16 Customer Support Administrator $17.00 $35.00 1.70 $28.90 $59.50 F17 Customer Support Specialist $15.00 $20.00 1.70 $25.50 $34.00 F18 Database Administrator $38.50 $70.00 1.70 $65.45 $119.00 F19 Data Center Support Specialist $35.00 $70.00 1.70 $59.50 $119.00 F20 Desktop Support Manager $35.00 $55.00 1.70 $59.50 $93.50 F21 Desktop Support Specialist $18.00 $26.00 1.70 $30.60 $44.20 F22 Developer $35.00 $70.00 1.70 $59.50 $119.00
F23 Director of Technology $40.00 $95.00 1.70 $68.00 $161.50 F24 Front End Web Designer $45.00 $55.00 1.77 $79.65 $97.35 F25 GIS (Geographic Info. Systems) Tech. I $33.00 $55.00 1.70 $56.10 $93.50 F26 GIS (Geographic Info. Systems) Tech. II $44.00 $66.00 1.70 $74.80 $112.20 F27 Help Desk Specialist $15.00 $20.00 1.70 $25.50 $34.00 F28 Help Desk Technician $15.00 $25.00 1.70 $25.50 $42.50 F29 Information Systems Project Manager $35.00 $60.00 1.70 $59.50 $102.00 F30 Information Technology Coordinator $20.00 $35.00 1.70 $34.00 $59.50 F31 Information Technology Director $40.00 $95.00 1.70 $68.00 $161.50 F32 Information Technology Manager $33.00 $68.00 1.70 $56.10 $115.60 F33 IT Support Manager $33.00 $50.00 1.70 $56.10 $85.00 F34 IT Support Specialist $18.00 $30.00 1.70 $30.60 $51.00 F35 IT Systems Administrator $35.00 $50.00 1.70 $59.50 $85.00 F36 Java Developer $40.00 $75.00 1.70 $68.00 $127.50
F37 Management Information Systems Director $40.00 $80.00 1.70 $68.00 $136.00 F38 Network/Communications Support Clerk $22.00 $38.50 1.70 $37.40 $65.45 F39 Network Systems Administrator $35.00 $50.00 1.70 $59.50 $85.00 F40 Peripheral Equipment Operator $18.00 $30.00 1.70 $30.60 $51.00 F41 Senior Database Administrator $30.00 $65.00 1.70 $51.00 $110.50 F42 Senior Network System Administrator $45.00 $90.00 1.70 $76.50 $153.00 F43 Senior Programmer $40.00 $75.00 1.70 $68.00 $127.50 F44 Senior Programmer Analyst $25.00 $40.00 1.70 $42.50 $68.00 F45 Senior Security Specialist $40.00 $90.00 1.70 $68.00 $153.00 General Services and Materials Handling Support :
Health:
Information Technology:
DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A
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F46 Senior Support Specialist $28.00 $40.00 1.70 $47.60 $68.00 F47 Senior System Administrator $40.00 $75.00 1.70 $68.00 $127.50 F48 Senior System Analyst $30.00 $65.00 1.70 $51.00 $110.50 F49 Senior Web Administrator $35.00 $55.00 1.70 $59.50 $93.50 F50 Senior Web Developer $40.00 $70.00 1.70 $68.00 $119.00 F51 Software Developer $45.00 $75.00 1.70 $76.50 $127.50 F52 Software Quality Assurance Analyst $35.00 $55.00 1.70 $59.50 $93.50 F53 Support Specialist $18.00 $28.00 1.70 $30.60 $47.60 F54 Systems Administrator $30.00 $45.00 1.70 $51.00 $76.50 F55 Systems Analyst $20.00 $35.00 1.70 $34.00 $59.50
F56 Systems Designer $30.00 $55.00 1.70 $51.00 $93.50
F57 System Support Specialist $18.00 $28.00 1.70 $30.60 $47.60 F58 Technical Operations Officer $40.00 $80.00 1.70 $68.00 $136.00 F59 Technical Support Specialist $18.00 $28.00 1.70 $30.60 $47.60 F60 Technical Specialist $20.00 $32.00 1.70 $34.00 $54.40 F61 Telecommunications Specialist $18.00 $32.00 1.70 $30.60 $54.40 F62 Web Administrator $32.00 $45.00 1.70 $54.40 $76.50
F63 Web Developer $35.00 $55.00 1.70 $59.50 $93.50
F64 Web Master $35.00 $55.00 1.70 $59.50 $93.50
G04 Purchasing Manager $33.00 $77.00 1.86 $61.38 $143.22 H01 Attorney $30.00 $50.00 1.78 $53.40 $89.00
H04 Contract Administrator $18.00 $27.00 1.70 $30.60 $45.90 H05 Contract Specialist $25.00 $30.00 1.70 $42.50 $51.00 H08 Compliance Manager $32.00 $44.00 1.70 $54.40 $74.80 H09 Contract Administrator $18.00 $27.00 1.70 $30.60 $45.90 H10 Contract Manager $30.00 $40.00 1.70 $51.00 $68.00
H11 Executive Consultant $45.00 $80.00 1.86 $83.70 $148.80 H14 Grant Administrator $22.00 $35.00 1.70 $37.40 $59.50 H16 Human Resources Coordinatior $18.00 $27.00 1.70 $30.60 $45.90 H17 Human Resources Manager $27.50 $49.50 1.86 $51.15 $92.07 H18 Human Resources Specialist $22.00 $38.00 1.70 $37.40 $64.60 H27 Marketing Specialist $20.00 $24.00 1.77 $35.40 $42.48 H28 Paralegal/Legal Assistant I $16.00 $20.00 1.70 $27.20 $34.00 H29 Paralegal/Legal Assistant II $20.00 $24.00 1.70 $34.00 $40.80 H30 Paralegal/Legal Assistant III $28.00 $34.00 1.70 $47.60 $57.80 H31 Paralegal/Legal Assistant IV $36.00 $49.00 1.70 $61.20 $83.30 H33 Presentation Designer $28.00 $35.00 1.77 $49.56 $61.95 H34 Principle Consultant $38.00 $70.00 1.86 $70.68 $130.20 H35 Proofreader $28.00 $32.00 1.77 $49.56 $56.64
H40 Senior Writer $25.00 $40.00 1.77 $44.25 $70.80
H41 Social Media Manager $28.00 $35.00 1.77 $49.56 $61.95 H43 Website Designer $30.00 $38.00 1.77 $53.10 $67.26
J02 Desk Clerk $12.00 $16.00 1.65 $19.80 $26.40
Miscellaneous:
Procurement:
Professional:
DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 08 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Steve Loriso, City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving a Landscape Maintenance Agreement within State of California Highway Right of Way Located on State Route 74 within the City of Hemet in the Final Form and Format as Approved by the City Attorney, and Authorize the Mayor and City Manager to Take all Actions Necessary to Implement the Agreement with the State of California RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Landscape Maintenance Agreement within State of California Highway Right Of Way located on State Route 74 within the City of Hemet in the final form and format as approved by the City Attorney, and authorize the Mayor and City Manager to take all actions necessary to implement the Agreement with the State of California.
BACKGROUND:
Citrus Pointe is a housing development located at Lake Street and State Route 74 (Florida Avenue).
The City of Hemet Engineering Department, along with input from the Public Works and Planning Departments, has reviewed and approved a landscape plan for the public right of way along Florida Avenue that will be maintained by an existing City of Hemet Lighting and Landscape Maintenance District (L&LMD). Since Florida Avenue is right of way that belongs to the State of California, an agreement is necessary between the City of Hemet and the State of California Department of Transportation (Caltrans) that landscape will be maintained through the L&LMD.
ANALYSIS:
The homebuilder of Citrus Pointe (DR Horton) has requested the City of Hemet to enter into the Landscape Maintenance Agreement with Caltrans for the maintenance along Florida Avenue. The public right of way along Florida Avenue is divided between City of Hemet and State of California (as can be shown on the Caltrans Exhibit A).
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When the housing development is complete, the City of Hemet will be responsible for the landscape maintenance within all of the public right of way fronting this project (City owned or State of California owned) and is included through an existing L&LMD assessed to residents. The maintenance will be completed by landscape maintenance contractors selected by the City as part of the overall L&LMD maintenance program. Since Caltrans does not perform landscape maintenance related to developments, such as Citrus Pointe, the LMA is established to ensure that the City will provide the ongoing maintenance, particularly, within State of California right of way.
The key terms of the proposed agreement include the following:
City of Hemet agrees to:
• Maintain landscaping areas defined by Exhibit A
• Secure encroachment permit prior to conducting maintenance within State right of way State of California agrees to:
• Notify the City if unsatisfactory conditions exist
• Issue encroachment permits to the City contractor and to the City for maintenance activities at no cost to City
Exhibit “A” is a plan map depicting the area of City maintenance responsibility.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Execution of this agreement will ensure the ongoing enhancement of the visual appearance of the community.
FISCAL IMPACT:
There is no fiscal impact to the City of Hemet with the approval of this agreement since the maintenance activities are accounted for within the L&LMD for this development.
ALTERNATIVE(S):
1. Do not approve the landscape maintenance agreement.
2. Provide alternate directions to staff.
ATTACHMENT(S):
Attachment 1: Reso-Landscape Maintenance agreement
Attachment 2: Caltrans Landscape Maintenance Agreement FINAL Attachment 3: CalTrans - Exhibit A
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CITY COUNCIL RESOLUTION NO. 2022-xxx
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA,
APPROVING A LANDSCAPE
MAINTENANCE
AGREEMENT BY AND
BETWEEN THE CITY OF
HEMET AND THE STATE OF
CALIFORNIA FOR
MAINTENANCE OF
LANDSCAPING WITHIN
STATE HIGHWAY RIGHT OF
WAY ON STATE ROUTE 74;
AND AUTHORIZE THE
MAYOR AND CITY
MANAGER TO TAKE ALL
ACTIONS NECESSARY TO
IMPLEMENT THE
AGREEMENT
WHEREAS, the City of Hemet Public Works
Department is responsible for landscape maintenance
for various developments within the City through
implementation of Lighting and Landscape
Maintenance Districts (L&LMD), which are funded by
property owners through special taxes levied through
property taxes; and
WHEREAS, the State of California acting by
and through the Department of Transportation
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CITY COUNCIL RESOLUTION NO. 2022-xxx
(Caltrans) maintain right of way along State Route 74;
and
WHEREAS, the Citrus Pointe Development
located at the northeast corner of Lake Street and
Florida Avenue is required to provide landscaping
along the project frontage, including along Florida
Avenue/State Route 74; and
WHEREAS, the Landscape Maintenance
Agreement establishes the responsibilities of both the
City of Hemet and Caltrans regarding the
maintenance of the landscaping along Florida
Avenue/State Route 74 fronting the Citrus Pointe
development; and
WHEREAS, staff recommends the City Council
approve the Landscape Maintenance Agreement by
and between the City of Hemet and the State of
California for maintenance of landscaping within State
Route 74 associated with the Citrus Pointe
development; and
WHEREAS, staff recommends the City Council
Authorize the Mayor and City Manager to take all
actions necessary to implement the agreement.
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CITY COUNCIL RESOLUTION NO. 2022-xxx
NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:
1. Approve the Landscape
Maintenance Agreement by and
between the City of Hemet and the
State of California for maintenance
of landscaping within State Route
74 associated with the Citrus Pointe
development; and
2. Authorize the Mayor and City
Manager to take all actions
necessary to implement the
agreement.
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CITY COUNCIL RESOLUTION NO. 2022-xxx
PASSED, APPROVED AND ADOPTED this 8th
day of March 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet,
do hereby certify that the foregoing resolution was
adopted by the Hemet City Council on the 8th day of
March 2022, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Maier, City Clerk
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1 LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF HEMET
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Hemet; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.
1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Permit Number 21-6-CD-0033.
2. This Agreement addresses CITY responsibility for trees, groundcover, mulch, meandering sidewalk, gooseneck lighting, and irrigation (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 74, as shown on Exhibit A, attached to and made a part of this Agreement.
3. Maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”
4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.
5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.
5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.
6. CITY agrees, at CITY expense, to do the following:
6.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter
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2 will MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.
6.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’S right of way. All proposed LANDSCAPING must meet STATE’s applicable standards.
6.2.1. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.
6.2.2.An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way
6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.
6.3.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.
6.3.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.
6.3.3. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly.
6.4. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.
6.5. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.
6.6. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and
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3 Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 8 Maintenance at 464 w 4 Street San Bernardino Ca 92401.
6.7. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.
6.8. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.
6.9. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.
7. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.
8. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to them.
9. LEGAL RELATIONS AND RESPONSIBILITIES:
9.1.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.
9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.
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4 9.3.Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.
9.4.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
9.5.PREVAILING WAGES:
9.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-
7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
9.5.2.Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
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5 10.INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
11. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
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6 IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen
TOKS OMISHAKIN
Director of Transportation
Initiated and Approved
By: ___________________________
City/County Manager
By: ___________________________
Jim A. Rogers
Deputy District Director
Maintenance District
ATTEST:
By: __________________________
City/County Clerk
By: __________________________
City/County Attorney
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(Plan map identifying the applicable STATE Routes (Freeway proper) and ITY/COUNTY road(s) and facilit
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127 128 129 130 131 1 6 10 11
STATE ROUTE 74 - FLORIDA AVENUE R/WLAKE STREET R/W
BEGIN WORK
STA 126+61
EXHIBIT "A"
STATE ROUTE 74 AND LAKE STREET
PN 08-21-6-CD-0033
LANDSCAPE MAINTENANCE AGREEMENT
EXECUTED
SHEET 1 OF
DATE:
SIGNATURE:
SIGNATURE:
CITY OF HEMET
CALTRANS APPROVAL DATE: 4 SHEETS
NOT TO SCALE
SCALE:
DECEMBER 28, 2021
DATE:
ENCROACHMENT PERMIT NO. 08-21-6-CD-0033
LANDSCAPE AREA TO BE MAINTAINED BY
THE CITY OF HEMET
CALTRANS RIGHT OF WAY
LEGEND
W E SN
PM 43.85 - 44.20 MATCHLINE - STA 132+00.00 - SEE SHEET 2 R/W R/W Page 16 of 19 16.M Page 2054 of 2151 2 133 134 135 136 137 1
STATE ROUTE 74 - FLORIDA AVENUE
EXHIBIT "A"
STATE ROUTE 74 AND LAKE STREET
PN 08-21-6-CD-0033
LANDSCAPE MAINTENANCE AGREEMENT
EXECUTED
SHEET 2 OF
DATE:
SIGNATURE:
SIGNATURE:
CITY OF HEMET
CALTRANS APPROVAL DATE: 4 SHEETS
1" = 60'
SCALE:
DECEMBER 28, 2021
DATE:
ENCROACHMENT PERMIT NO. 08-21-6-CD-0033
LANDSCAPE AREA TO BE MAINTAINED BY
THE CITY OF HEMET
CALTRANS RIGHT OF WAY
LEGEND
W E SN
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STATE ROUTE 74 - FLORIDA AVENUE
EXHIBIT "A"
STATE ROUTE 74 AND LAKE STREET
PN 08-21-6-CD-0033
LANDSCAPE MAINTENANCE AGREEMENT
EXECUTED
SHEET 3 OF
DATE:
SIGNATURE:
SIGNATURE:
CITY OF HEMET
CALTRANS APPROVAL DATE: 4 SHEETS
1" = 60'
SCALE:
DECEMBER 28, 2021
DATE:
ENCROACHMENT PERMIT NO. 08-21-6-CD-0033
LANDSCAPE AREA TO BE MAINTAINED BY
THE CITY OF HEMET
CALTRANS RIGHT OF WAY
LEGEND
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R/W R/W
END WORK
STA 145+50 4 145 146
STATE ROUTE 74 - FLORIDA AVENUE
EXHIBIT "A"
STATE ROUTE 74 AND LAKE STREET
PN 08-21-6-CD-0033
LANDSCAPE MAINTENANCE AGREEMENT
EXECUTED
SHEET 4 OF
DATE:
SIGNATURE:
SIGNATURE:
CITY OF HEMET
CALTRANS APPROVAL DATE: 4 SHEETS
1" = 60'
SCALE:
DECEMBER 28, 2021
DATE:
ENCROACHMENT PERMIT NO. 08-21-6-CD-0033
LANDSCAPE AREA TO BE MAINTAINED BY
THE CITY OF HEMET
CALTRANS RIGHT OF WAY
LEGEND
W E SN
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 08 2022
Department: Human Resources
Submitted by: Christopher Lopez, City Manager
Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the Hemet Police Officers Association (HPOA) and authorize the Finance Director to record a supplemental appropriation in the amount of $622,045 for FY 2021-2022 in support of the Memorandum of Understanding RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to execute the attached Memorandum of Understanding (MOU) between the City and the Hemet Police Officers Association (HPOA) for the three-year period of July 1, 2021 through June 30, 2024 and authorize the Finance Director to record a supplemental appropriation in the amount of $622,045 for FY 2021-2022 in support of the Memorandum of Understanding.
BACKGROUND:
The employees within the HPOA bargaining group work towards the City of Hemet's Police Department's mission to enhance quality of life and public safety through partnership with our community and service that is delivered with honor, integrity and innovation. The most recent MOU with HPOA expired June 2021. The City and HPOA have been actively negotiating a successor MOU since the Spring of 2021. In February 2022, the City and HPOA reached a tentative agreement, the terms of which have been incorporated into this MOU for approval. On February 14, 2022, HPOA ratified the updated MOU.
The majority of the funding needed for the term of this MOU will be fulfilled with appropriations afforded by Measure U. The enhanced pay and benefits provided by the new MOU will be key in attracting and retaining qualified public safety officers. The use of Measure U funds ensures that the Police Department remains adequately staffed and the City of Hemet continues to be a safe, vibrant, and desirable community.
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ANALYSIS:
ln accordance with the authority granted by the City Council, the attached Memorandum of Understanding is presented for consideration. The details of changes to the MOU are as follows:
Term: Three-year agreement - effective July 1, 2021 through June 30, 2024.
Salaries:
• All members of the bargaining unit shall receive a 5% base salary increase effective the first full pay period after July 1, 2022.
• All members of the bargaining unit shall receive a 3% base salary increase effective the first full pay period after July 1, 2023.
Covid-19 "Essential Worker" Premium Pay Stipend:
Represented unit members who performed at least 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:
• $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.
Represented unit members who performed less than 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:
• A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.
One Time Bonus:
Represented unit members who worked at least 1000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend listed above, and who are employed on the date payment is made, shall receive payment as follows:
• A $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.
Represented unit members who worked less than 1000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend listed above, and who are employed on the date payment is made, shall receive payments as follows:
• A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.
Longevity Pay 10 Years:
• 10 Year Stipend- Effective the second full pay period after City Council approval, all unit members with ten (10) years or more of service as a sworn peace officer shall be paid a stipend of $500 per month. (Previous benefit was 5% of base salary) Longevity Pay 15 Years (New Benefit):
• 15 Year Stipend- Effective the second full pay period after City Council approval, all unit members with fifteen (15) years or more of service as a sworn peace officer shall be paid an additional stipend of $400 per month.
Deferred Compensation Match (New Benefit):
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• Effective the second full pay period after City Council approval, City to match dollar for dollar into the employee deferred compensation plan (457), up to the maximum of $125 per month.
Sick Leave:
• Added language. At the employees election, sick leave may be used for baby bonding leave under the California Family Rights Act (CFRA).
Bilingual Pay:
• Changed benefit amount from 2.5% of base salary to $255 per month.
Health Insurance:
• Increase City's contribution from $1,028.81 per month to $1,100.00 per month for eligible employees.
Additionally, the following minor revisions were agreed upon and included: language cleanup in the Uniform Allowance and Vacations-Maximum Accrual sections, promotional process language was added to formalize the unit's promotional process, and reopener language was removed.
All other terms and conditions of employment shall remain unchanged during the term of this agreement.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
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FISCAL IMPACT:
The annual costs of the MOU are as follows:
Fiscal Year ARPA Funding Measure U Funding Public Safety CFD 2021-2022 $460,000 $162,045 $00
2022-2023 $00 $630,412 $14,395
2023-2024 $00 $902,894 $22,937
Totals: $460,000 $1,695,351 $37,332
Total contract cost is $2,192,683
The use of Measure U Funds is in line with Resolution 4731 and 4703 and Ordinance 1918 and has been reviewed by the Measure U Oversight Committee.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1: Resolution- HPOA MOU
Attachment 2: MOU Resolution Attachment
Attachment 3: Measure U Letter to Council_03032022
HPOA MOU July 2021-June 2024
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CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HEMET, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF
UNDERSTANDING (MOU) WITH THE HEMET
POLICE OFFICERS ASSOCIATION (HPOA)
AND AUTHORIZE THE FINANCE DIRECTOR
TO RECORD A SUPPLEMENTAL
APPROPRIATION FOR FY 2021-2022 IN
SUPPORT OF THE MOU.
WHEREAS, the employees within the HPOA
bargaining group work towards the City of Hemet's
Police Department's mission to enhance quality of life
and public safety through partnership with our
community and service that is delivered with honor,
integrity and innovation.; and
WHEREAS, the most recent MOU with this HPOA
expired June 2021.; and
WHEREAS, the City and HPOA have been actively
negotiating a successor MOU since the Spring of
2021; and
WHEREAS, in February 2022, the City and HPOA
reached a tentative agreement, the terms of which
have been incorporated into this MOU for approval.;
and
WHEREAS, on February 14, 2022, HPOA ratified the
updated MOU.; and
WHEREAS, pursuant to Ordinance No. 1918
(“Measure U”), the voters of the City of Hemet
established a 1% transactions and use tax to be used
for general municipal services in the City of Hemet;
and
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WHEREAS, pursuant to Resolution Nos. 4703 and
4731, the City Council designated Measure U
revenue to support police and fire services within the
City of Hemet; and
WHEREAS, pursuant to Resolution Nos. 4703 and
4731 “[t]he proceeds of [Measure U] may be
expended on any and all regular and special
expenses incurred for the operation and the provision
of public safety services within the City and in
response to mutual and automatic aid agreements,
including, but not limited to: wages, benefits, and
deferred compensation for police and fire personnel”;
and
WHEREAS, the voters in establishing Measure U,
also established the Measure U Citizen Oversight
Committee (“Citizen Oversight Committee”) to review
and report on the City’s proposed expenditure of
Measure U funds; and
WHEREAS, on Monday, May 28, 2022 the Citizen
Oversight Committee held a special meeting, open to
the public, and considered the expenditure of
Measure U proceeds to fund the provisions of the
Memorandum of Understanding; and
WHEREAS, the Citizen Oversight Committee
unanimously found that the use of Measure U
proceeds to fund the Memorandum of Understanding
with the Hemet Police Officers Association to
encourage retention and the attraction of new officers
to the Hemet Police Department was consistent with
Ordinance No. 1918 and Resolution Nos. 4703 and
4731.
NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF HEMET DOES HERE BY FIND AND
RESOLVE AS FOLLOWS:
SECTION 1. MOU.
That the City Council authorizes and directs the City
Manager to execute the Memorandum of
Understanding with the Hemet Police Officers
Association attached to this Resolution; and
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SECTION 2. MEASURE U.
That the City Council authorizes the City Manager, or
their designee, to appropriate sufficient funds from the proceeds of Measure U to fund the Memorandum of
Understanding in an amount not to exceed One
Million Six Hundred Ninety-Five Thousand Three
Hundred Fifty One Dollars ($1,695,351) over the fiscal
years covered by the Memorandum of Understanding
as follows:
FY 2021/22 $162,045
FY 2022/23 $630,412
FY 2023/24 $902,984
SECTION 3. NON-MEASURE U.
That the City Council also authorizes the City
Manager, or their designee, to appropriate sufficient
funds from the proceeds of ARPA funds to fund the
Essential Worker One time payment as well as
proceeds from the Public Safety CFD for HPOA
employees funded by the CFD in an amount not to
exceed Four Hundred Ninety Seven Three Hundred
Thirty Two Dollars ($497,332) over the fiscal years
covered by the Memorandum of Understanding as
follows:
SECTION 3. BUDGET ADJUSTMENTS
That the adjustments to the budget as summarized in
Exhibit A, attached hereto and incorporated herein by
reference are hereby approved.
PASSED, APPROVED AND ADOPTED this 8th day
of March, 2022.
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____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Maier, Interim City Clerk
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do
hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of March, 2022, and was passed by the following vote:
AYES: Council Members:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Maier, City Clerk
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EXHIBIT A
Memorandum of Understanding
Hemet Police Officers Association
July 1, 2021 to June 30, 2024
Fiscal Year ARPA Funding Measure U Funding Public Safety CFD 2021-2022 460,000$ 162,045$ -$
2022-2023 -$ 630,412$ 14,395$
2023-2024 -$ 902,894$ 22,937$
Totals: 460,000$ 1,695,351$ 37,332$
Fund Source as approved by City Council
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445 E. Florida Ave. Hemet, CA 92543 | 951-765-2301
Measure U Citizen Oversight Committee
445 E. Florida Ave.
Hemet, CA 92543
March 3, 2022
Hemet City Council
445 E. Florida Ave.
Hemet, CA 92543
Dear Honorable Mayor and Members of the City Council:
The Members of the Measure U Citizen Oversight Committee met on February 28, 2022 to discuss the proposed use of Measure U funds for wages, benefits, and deferred compensation related to Memorandums of Understandings (MOU) for Police and Fire sworn employees to encourage retention and attraction.
The Measure U Citizen Oversight Committee concludes that $1.7M in proposed expenditures for the duration of the MOU with the Hemet Police Officers’ Association (HPOA) which covers wages, benefits, and deferred compensation related to the MOU with the Hemet Police Officers’ Association (HPOA) are expenses eligible under Resolutions 4731, 4703, and Ordinance 1918. The aforementioned resolutions and ordinance set forth the intentions for Measure U expenditures and meet the applicable criteria.
We appreciate the opportunity to serve the community, and we look forward to reviewing the previous year’s actual expenditures for Measure U on March 7, 2022.
Sincerely,
______________________________
Chair Suzzanne Kozma
______________________________
Vice Chair Sara Cortes De Pavon
City of Hemet
DocuSign Envelope ID: CAAD0DBE-9DFA-4933-B1CE-E15448AA2EEB 3/2/2022
3/2/2022
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MEMORANDUM OF UNDERSTANDING
CITY OF HEMET AND
HEMET POLICE OFFICERS ASSOCIATION, INC.
July 1, 2021 through June 30, 2024
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE I - RECOGNITION ....................................................................................................... 2 ARTICLE II - MANAGEMENT RIGHTS .................................................................................... 2 ARTICLE III - SALARIES ............................................................................................................ 3 ARTICLE IV - BENEFITS ............................................................................................................ 7 ARTICLE V - LEAVES ............................................................................................................... 13 ARTICLE VI - HOLIDAYS ......................................................................................................... 16 ARTICLE VII - PERSONNEL REDUCTION PROCEDURE .................................................... 17 ARTICLE VIII - NONDISCRIMINATION ................................................................................ 18 ARTICLE IX - DISCIPLINE AND DISCHARGE RULES AND REGULATIONS ................. 18 ARTICLE X - GRIEVANCE APPEALS PROCEDURE ............................................................ 19 ARTICLE XI - COMPLETION OF MEET AND CONFER ....................................................... 21 ARTICLE XII - SAVINGS CLAUSE .......................................................................................... 22
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF HEMET
AND
HEMET POLICE OFFICERS ASSOCIATION, INC.
This Memorandum of Understanding (hereinafter "MOU") is entered into between the City of Hemet (hereinafter "City") and the Hemet Police Officers Association, Inc. (hereinafter "Association"), pursuant to the provisions of the Meyers-Milias-Brown Act. This MOU shall be effective for the period from July 1, 2021 through June 30, 2024; and thereafter shall continue in effect year-by-year unless one of the parties notifies the other in writing no later than March 31, 2024 of its request to modify, amend or terminate this MOU no later than March 31st of any year after 2024.
ARTICLE I - RECOGNITION
1.1 The City reaffirms its recognition of the Association, in conformance with Ordinance No. 682, as the exclusive representative of all Police Department employees within the classifications of:
Police Corporal
Police Officer
Police Investigator
The Association does not represent part-time employees.
1.2 Nothing in the above shall be construed as requiring an employee to join the recognized Association nor to maintain his or her membership in the recognized Association as a condition of employment.
ARTICLE II - MANAGEMENT RIGHTS
2.1 It is understood and agreed that the City retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to:
Determine its organization; direct the work of its employees; assign work not expressly covered by job description, determine the times and hours of operation; determine normal working hours and to schedule shifts accordingly; determine the kinds and levels of services to be provided, and the methods and means of providing them, establish its municipal policies, goals and objectives, make technological improvements; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of City operations; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work in accordance with law; creating, maintaining and/or terminating the take home vehicle use program; and to take any action necessary to meet conditions of any emergency nature, provided that the Association shall be afforded the opportunity to meet and confer
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concerning the necessity of any such action if inconsistent with this MOU. In addition, the City retains the right to hire, classify, assign, evaluate, promote, terminate, transfer and discipline employees.
2.2 The City Manager may lay off a unit member because of shortage of work, lack of funds, material change in duties or organization, or for other valid reasons.
2.3 The City has the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the City.
2.4 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this MOU, and then only to the extent such specific and express terms are in conformance with law.
2.5 This clause shall be interpreted and applied consistently with all other specific provisions of this MOU which deal with such management rights.
ARTICLE III - SALARIES
3.1 Salary Increases.
(a) Effective the first full pay period after July 1, 2022, the base salaries of all classifications will be increased by 5%.
(b) Effective the first full pay period after July 1, 2023, the base salaries of all classifications will be increased by 3%.
3.2 COVID-19 “Essential Worker” Premium Pay Stipend.
(a) Represented unit members who performed at least 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:
A $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.
(b) Represented unit members who performed less than 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:
A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.
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3.3 One-time Bonus
(a) Represented unit members who worked at least 1000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend in Section 3.1a above, and who are employed on the date payment is made, shall receive payment as follows:
A $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.
(b) Represented united members who worked less than 1000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend in Section 3.1a above, and who are employed on the date payment is made, shall receive payments as follows:
A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.
3.4 Police Officer Trainee Salary. Police officer trainees shall receive a salary equal to 75% of the current Step A rate for police officers. This rate shall be applicable until a police officer trainee is moved to the classification of police officer, at which time, the police officer shall then receive 100% of the step A rate for police officers until advanced to the next step. The police officer's salary anniversary date shall be six months from the first day of his/her change from the classification of police officer trainee to the classification of police officer. Nothing in this section shall be deemed an amendment to existing personnel rules, including but not limited to Article 14 thereof.
3.5 Minimum Court Time. Unit members shall be granted a minimum of three (3) hours credit (compensatory or paid) for a required court appearance during non-scheduled off-duty hours where such appearance is related to City business, Beyond the three (3) hour minimum, unit members shall be given credit for the actual number of non-duty hours. In the event that a court appearance is required during scheduled duty hours (either before or after the shift), the employee shall be paid only or actual time spent in court.
3.6 Minimum Shoot Time. Unit members required to qualify with firearms shall be granted a minimum of two (2) hours credit (compensatory or paid) for required time at the firing range. Beyond the two (2) hour minimum, unit members shall be given credit for the actual number of non-duty hours. In the event that shoot time is required during scheduled duty hours but extends into non-scheduled hours (either before or after the shift), the employee shall be paid only for actual time spent at the firing range.
3.7 Minimum Call Back Time. An employee shall be granted a minimum of two (2) hours credit (compensatory or paid) for a required call back to duty during hours where such call back is related to City business. Any other call backs or work performed during the time covered by the two (2) hour minimum shall not entitle the employee to additional compensation. For example, if an employee is called back to work from 8:00 p.m. to 8:20 p.m. and again from 9:00 p.m. to 9:15 p.m., the employee would only be entitled to a single two (2) hour minimum call back because both call backs were completed within the two
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hours. Beyond the two (2) hours minimum, such an employee shall be paid at the overtime rate of pay. For purposes of this paragraph, "minimum call back time" will not apply to an employee held over at the end of his or her regular shift. Call back time begins when the officer makes himself or herself available for Department business and in fact begins handling Department business.
3.8 The City shall periodically audit and update job classifications, revising descriptions for those employees working out of classification. The Association shall be entitled to actively participate with its input in regard to matters pertaining to unit employees.
3.9 The City shall compensate commensurately those employees temporarily upgraded to fill supervisory positions. Training positions, of designated period and objective, are exempted from the above.
3.10 (a) Compensatory Time. Employees are authorized to accumulate not more than eighty (80) hours of compensatory time in lieu of overtime compensation. Such compensatory time shall be earned at the rate of one and one-half hours for each hour of employment for which overtime compensation is required.
(1) An employee who has requested the use of earned compensatory time shall be permitted to use such time within a reasonable time period after making the request if the use of the compensatory time does not unduly disrupt the operations of the department.
(2) An employee at any time may request compensation for any compensatory time earned. Such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. Such compensation shall be included in the employee's regular bi-weekly payroll check.
(3) An employee who has accrued compensatory time off shall, upon termination of employment, be paid for the unused compensatory time at the rate of compensation not less than (A) the average regular rate received by such employee during the last three (3) years of the employee's employment, or (B) the final regular rate received by such employee, whichever is higher.
(4) The City will not compel an employee to reduce his or her compensatory time bank through mandatory time off.
(b) Holiday Bank (Compensatory) Time. In addition to the provisions of Section 3.8(a) employees may accumulate compensatory time in lieu of holiday pay, at the same rate at which such time would have been paid. Notice of the exercise of this option shall be given in the manner directed by City. Time accumulated pursuant to this subsection may be sold in increments of not less than 8 hours unless the balance of the employee's accumulated time is less than 8 hours, in which event the entire
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balance thereof may be sold. All such accumulated time shall be sold in the last pay period of each calendar year.
3.11 Overtime. Time worked which exceeds an employee's scheduled shift, upon approval of employee's duty watch commander, shall be compensated at a rate of one and one-half times the employee's hourly regular rate of pay.
Overtime compensation shall be payable to employees in cash or compensatory time off, at the election of the employee, provided that the election concerning compensatory time shall be consistent with Section 3.8.
For purposes of this section, shift trades shall not be deemed as overtime, provided that such shift trades are for the sole convenience of the employees.
3.12 K-9 Officer Compensation. All assigned K-9 officers will receive additional compensation per pay period in an amount equal to seven (7) hours of overtime pay, calculated at the overtime rate described in MOU Section 3.9.
3.13 Longevity Pay.
(a) 10-Year Stipend
Effective the second full pay period after City Council approval of this MOU, all unit members with ten (10) years or more of service as a sworn peace officer shall be paid a stipend of $500 per month.
(b) 15-Year Stipend
Effective the second full pay period after City Council approval of this MOU, all unit members with fifteen (15) years or more of service as a sworn peace officer shall be paid an additional stipend of $400 per month.
3.14 Patrol / SRO Incentive. Effective on the first day of the first pay period after July 1, 2017, unit members who are primarily assigned to Patrol or School Resource Officer, have successfully passed probation, and served a minimum of three (3) years as a full-time sworn peace officer, shall be paid a stipend of two percent (2%) base salary for the period of time they remain assigned to Patrol or School Resource Officer.
3.15 Corporal Salary
The salary of the Corporal classification shall be computed from the top step of the Police Officer salary as follows:
(a) During probation as Corporal, salary shall be five percent (5%) above the highest police officer salary step.
(b) The Corporal's salary anniversary date shall be six (6) months from the first day
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of his/her change from the classification of Police Officer to the classification of Corporal. A Corporal is eligible to have his/her salary increased from step C to D after six (6) months when he/she achieves at least a “MEETS STANDARDS” performance evaluation.
(c) The Corporal classification shall have a total of three steps (C, D, and E) with a five percent (5%) differential between each step.
ARTICLE IV - BENEFITS
4.1 Health Insurance. The City shall make available to all full-time employees and their dependents medical plans through commercial carriers offering at least one HMO and one PPO option. The City shall also make available a self-funded dental and vision plan. (a) Effective the first full month after City Council approval of this MOU, the City will contribute the sum of $1,100.00 per month per employee in paid status toward the cost of health insurance. The City will contribute 100% of the cost per month per employee in paid status toward the cost of dental and vision plans for such employee and his/her dependents.
(b) City is hereby authorized to make automatic payroll deductions for any employee contributions which may be required pursuant to this section. In the event any employee shall file a written objection to such automatic withholding, City shall not be obligated to provide any medical benefit for such employee. (c) In most situations, the effective date of health insurance coverage for new full-time employees and their eligible dependents will be the first day of the month following the date of hire.
4.2 Vision Benefit. The vision benefits shall be as follows:
(a) The maximum vision benefit per family per calendar year shall be four hundred fifty dollars ($450.00).
(b) No vision benefit shall be payable for replacement of existing lenses more than twice per year per individual.
(c) No vision benefit shall be payable for replacement of frames more than once per year per individual.
(d) No vision benefit shall be payable for lenses which are not prescription lenses. (e) The limitation on the tinting of prescription lenses is deleted. (f) The vision benefit may be used for laser eye surgery.
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4.3 Certificate Incentive Program.
(a) Effective the first day of the first pay period following July 1, 2017, the following certificate incentives will be provided to unit members:
(i) The City will pay 2.5% of base salary to those sworn personnel presently holding or hereafter obtaining a P.O.S.T. Intermediate Certificate or Bachelor's Degree.
(ii) The City will pay an additional 2.5% of base salary to those sworn personnel presently holding or hereafter obtaining a P.O.S.T. Advanced Certificate or Master's Degree.
(iii) The City will pay a maximum amount of 5.0% of base salary to those sworn personnel holding both an Intermediate and Advanced Certificate or Bachelor's Degree and Master's Degree or a P.O.S.T. Intermediate Certificate and Bachelor's Degree.
(b) Effective the first day of the first pay period following July 1, 2018, the certificate incentives in section 4.2(a) will sunset and be replaced with the following certificate incentives:
(i) The City will pay 3.0% of base salary to those sworn personnel presently holding or hereafter obtaining a P.O.S.T. Intermediate Certificate or Bachelor's Degree.
(ii) The City will pay an additional 5.0% of base salary to those sworn personnel presently holding or hereafter obtaining a P.O.S.T. Advanced Certificate or Master's Degree.
(iii) The City will pay a maximum amount of 8.0% of base salary to those sworn personnel holding both an Intermediate and Advanced Certificate or Bachelor's Degree and Master's Degree or a P.O.S.T. Intermediate Certificate and Bachelor's Degree.
4.4 Educational Reimbursement. Full-time, permanent employees of the City who have passed original probation shall qualify for participation in the educational tuition reimbursement program. The program covers courses taken at accredited colleges, universities, correspondence courses, and other institutions. Reimbursement shall not exceed $2,000.00 per calendar year.
Reimbursement will be subject to the following:
(a) The course elected must be of benefit to the City and directly related to the employee's current duties or future employment with the City. Courses taken to satisfy an associate, bachelor's or master's degree requirement may be approved,
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provided that the degree goal is in the field of current employment of the employee or future employment with the City.
(b) Each employee must attend on his/her own time and complete the course satisfactorily with a passing grade of "C" or its numerical equivalent, or a "pass" or "credit" for the class.
(c) The employee must obtain approval, in writing, from the Chief of Police or his/her designee, prior to enrolling in the course.
(d) Such reimbursement shall include tuition, books, and parking fees used to complete course requirements on assigned projects, but shall not include travel time, mileage, and other miscellaneous costs.
(e) Upon completion of the course, the employee shall attach the grade report along with receipts for covered items to his/her approved application for educational assistance and present it to the Chief of Police. The Chief of Police will forward the records of completion to the Human Resources Department. (f) The Human Resources Manager will authorize a tuition reimbursement upon certification of satisfactory completion.
(g) Copies of courses completed and the grades attained will be maintained in the employee's personnel file and in the department's file. (h) Applications for reimbursement will be accepted no later than one month after the course grades have been distributed.
(i) If an employee leaves the City service within one (1) year after completion of a course paid for by the City, the costs of such course will be deducted from the employee's last pay check. If the last pay check is insufficient to repay the costs, the employee will be required to make appropriate arrangements, including a promissory note, to repay the balance within a year of leaving City service. The City Manager may alter the above requirements in unusual circumstances. (j) Notwithstanding the foregoing reimbursement plan, an eligible employee may have eligible expenses advanced, provided the department establishes a program which insures the recovery of any advance which is not thereafter earned by satisfactory completion of a qualified course of study.
4.5 Uniform Allowance. The City shall contribute $1,345 per year as a uniform allowance for all unit members required by the City to wear uniforms. The allowance will be made in payments of $51.73 per pay period. This allowance covers maintenance and replacement of uniforms as necessary. However, in the event a pair of uniform pants or a uniform shirt is irreparably damaged in the line of duty without fault of the unit member, the unit member may submit a request to the City for reimbursement to replace the damaged uniform pants
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or shirt. The City will replace upon approval of the City Manager in consultation with the Police Chief.
Uniform allowances shall be reported to CalPERS periodically when earned, on a per pay period basis, in accordance with the Public Employees’ Retirement Law (PERL) and applicable regulations. These items are not reportable for new members under Public Employee’s Pension Reform Act of 2013 (PEPRA), as defined by Government Code Section 7522.04(f).
4.6 Long Term Disability. The City will continue to pay, during the term of this Memorandum of Understanding, the entire premium for long term disability insurance, provided that the definition in any such policy may be defined to be substantially as follows:
"Your complete inability due to injury, disease, pregnancy, or mental disorder, to engage in any gainful occupation for which you are reasonably fitted by education, training or experience."
4.7 Retirement.
(a) For unit members hired before July 1, 2011, the City will provide a retirement plan with the California Public Employees Retirement System ("CalPERS"), and such plan shall be the three percent (3%) at fifty (50) CHP plan with military buy-back and the "highest year" amendment. Unit members under this plan shall pay the full employee share of the CalPERS contribution.
(b) For unit members hired on or after July 1, 2011 and before January 1, 2013, the City will provide a retirement plan with CalPERS, and such plan shall be three percent (3%) at fifty-five (55). Unit members under this plan shall pay the full employee share of the CalPERS contribution.
(c) For unit members hired on or after January 1, 2013, who are not CalPERS "Classic" employees and are not eligible for reciprocity, the City will provide a retirement plan with CalPERS, and such plan shall be two point seven percent (2.7%) at fiftyseven (57). Unit members under this plan shall pay at least 50% of the total normal cost.
(d) Employee contribution toward employer share of contributions to the respective retirement plans:
(i) Effective July 1, 2013, unit members who are not required to pay 50% of the normal cost pursuant to Article 4.6(c), will contribute an additional one percent (1%) of the employer's share of the CalPERS contribution. (ii) Effective July 1, 2014, unit members who are not required to pay 50% of the normal cost pursuant to Article 4.6(c), will contribute an additional one percent (1%) of the employer share of the CalPERS contribution, for a total of two percent (2%) of the employer share of the CalPERS contribution.
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(iii) Effective July 1, 2015, unit members who are not required to pay 50% of the normal cost pursuant to Article 4.6(c), will contribute an additional one percent (1%) of the employer share of the CalPERS contribution. By July 1, 2015, unit members who are not required to pay 50% of the normal cost pursuant to Article 4.6(c), will be contributing a total of three percent (3%) toward the employer share of the CalPERS contribution for a maximum total contribution of twelve percent (12%).
(e) Effective January 1, 2013, the Public Employee's Pension Reform Act of 2013 (PEPRA) will apply to all sworn and non-sworn employees, as well as for employees transferring from other CalPERS or reciprocal agencies.
4.8 Life Insurance. City shall provide to each unit member a term life insurance policy not to exceed $100,000, provided, cost to the City shall be limited to $50,000 in coverage, the remainder to be borne by the employee or the Association as determined by the Association.
4.9 Non-Industrial Temporary Disability Leave. Upon appropriate verification of nonindustrial disability, an employee may be granted temporary disability leave. While on temporary disability leave, an employee must utilize his/her accumulated sick and/or vacation leave until it is exhausted, or until benefits are payable from any City temporary disability policy covering such employee, whichever occurs first. An employee may, but is not required to, supplement his/her City temporary disability policy benefits, up to the amount of the difference between the temporary disability policy benefit and his/her normal pay, by using accumulated sick/vacation leave benefits. Temporary disability leave shall be considered to be leave without pay (whether an employee receives temporary disability policy benefits or not) except for those hours that are covered by the use of sick/vacation leave benefits. Neither sick leave nor vacation leave benefits will accrue while an employee is on leave without pay under this Section.
4.10 Sick Leave Distribution. The City agrees to provide unit members with the following payoff provisions for accumulated sick leave upon the unit member's retirement or disability, or upon death of the unit member while employed by the City. In the case of death, accumulated sick leave benefits shall be paid to a beneficiary designated by the unit member:
(a) Twenty-five percent (25%) of all accumulated sick leave after five (5) years of service with the City; payoff shall be prorated upon last five (5) years of service. (b) Fifty percent (50%) of all accumulated sick leave after ten (10) years of service with the City; payoff shall be prorated upon last five (5) years of service. (c) Seventy-five percent (75%) of all accumulated sick leave after twenty (20) years of service with the City; payoff shall be prorated upon last five (5) years of service.
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4.11 Special Assignment Compensation.
(a) Field Training Officers. Field Training Officers, while acting in such capacity, shall receive an additional 10% of their compensation for such duties. (b) Mandatory Standby/On-Call Schedule. Specified Police employees who, as a result of their current assigned duties, are required to be on-call/standby for mandatory call back shall receive extra compensation in the sum of $125 per pay period while assigned to those duties. The Chief of Police shall determine the number of employees and which specific duty assignments will be subject to mandatory standby/on-call. Those assignments subject to mandatory standby/on-call will include, but are not limited to, the CSU Team and the Investigation Bureau.
Additionally, overtime, when specifically authorized or requested by a supervisor will be paid at overtime rates as provided elsewhere herein.
4.12 Bilingual Certification and Compensation.
(a) Compensation. Effective the second pay period after City Council approval of this MOU, all unit members certified by the department as bilingual in Spanish, Polish, Arabic or American Sign Language, the City will pay $255 per month – As employees become certified, this pay will commence on the first day of the first pay period following their certification.
(b) Certification. The certification process will be administered through a third party neutral service contracted by the City to conduct bilingual certification.
Employees wishing to be certified as bilingual must make a written request to the City’s Human Resources Manager. Upon such written request, the Human Resources Manager will consult with the Police Chief to determine the need for bilingual services, and if the City determines that such services are needed, the Human Resources Division will schedule a telephone and/or in-person bilingual examination with a bilingual certification representative and the employee.
The Human Resources Division will administer requested bilingual examinations as soon as practicable, but on no less than a quarterly basis.
The bilingual examination will be scored on a pass/fail basis. Examination scores are final and non-appealable. Employees who fail the examination, or who fail to appear for a scheduled examination, may not take another bilingual examination in the same language for a minimum of six (6) months following the failed or missed examination. Employees who pass the examination will be certified as bilingual by the City.
Employees who are certified as bilingual by the City shall not be required to recertify to continue to receive the bilingual pay.
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The City agrees to notify new employees of the bilingual pay program during orientation.
Additional languages can be included in the bilingual pay program at the discretion and upon approval of the City Manager in consultation with the Police Chief.
4.13 Workers' Compensation Follow-up Appointments. Work schedules for injured employees who have returned to limited duty status will be arranged as much as practical to permit injured employees to keep physician appointments and any prescribed physical therapy.
To the extent possible, follow-up appointments shall be scheduled at the convenience of the department and at a time that has the least impact upon departmental operations and upon the employee's assigned duty schedule. Employees who have work schedules that do not permit them to make appoints during normal work hours or in instances in which the appointment must reasonably be made during off-duty hours, will receive the equivalent of two (2) hours of time to attend the appointment.
4.14 Deferred Compensation. Effective the second full pay period after City Council approval of this MOU, City to match dollar for dollar into the employee deferred compensation plan (457), up to the maximum of $125 per month.
4.15 Promotional Process. Association members seeking promotion to corporal or investigator or into the HPMA must achieve a cumulative score of 70% during the promotional process in order to be eligible for promotion and placement on a list of candidates eligible for promotion to the relevant rank. Promotional candidates not receiving a cumulative score of 70% at the conclusion of the testing process will not be eligible for promotion.
ARTICLE V- LEAVES
5.1 Sick Leaves.
(a) Full-time unit members shall accrue sick leave at the rate of eight hours per month, beginning with the first day of employment. Unit members hired between the first and fifteenth day of the month shall be credited with one full day's sick leave for the month of hire; unit members hired between the sixteenth and the last day of the month shall begin to accrue sick leave on the first day of the following month. (b) Sick leave with pay shall be allowed by the City whenever a unit member's absence is due to the unit member's illness which prevented his/her attendance on the job and performance of duties on the day of absence. At the employee’s election, sick leave may also be used for baby bonding leave under the California Family Rights Act (“CFRA”).
(c) Each unit member using sick leave must notify the duty watch commander at least two (2) hours prior to the time set for beginning his/her daily duties. (d) The City may require a doctor's certificate at any time as proof of illness, by a doctor of City's choice and at City's expense.
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(e) A sick leave request form shall be completed at the department level. (f) A unit member absent on approved sick leave for less than one full working day shall have his/her accumulated sick leave reduced by the number of hours of such absence.
5.2 (a) Vacations. Full-time unit members will accrue vacation leave in accordance with the following schedule:
• During the first three years of service, unit members shall accrue ninety-six (96) hours of vacation leave per year.
• After three (3) full years of service, unit members shall accrue one hundred twenty (120) hours of vacation leave per year.
• After six (6) full years of service, unit members shall accrue one hundred forty-four (144) hours of vacation leave per year.
• After nine (9) full years of service, unit members shall accrue one hundred sixty (160) hours of vacation leave per year.
• After twelve (12) full years of service, unit members shall accrue one hundred sixty-eight (168) hours of vacation leave per year. • Unit members hired between the first and fifteenth of the month shall be credited with eight (8) hours of vacation leave for the month of hire; unit members hired between the sixteenth and the last day of the month shall begin to accrue vacation leave on the first day of the following month. (b) Eligibility for Vacation Use. Unit members shall be eligible to take vacation leave following twelve (12) months of full-time, continuous service with the City. Under extraordinary circumstances, the City may, at its discretion, permit a unit member to take vacation leave prior to the completion of twelve (12) months of full-time, continuous service with the City.
(c) Maximum Accrual. Unit members may carry over a maximum of one years' accumulated vacation leave to the succeeding calendar year. A unit member will cease accruing additional paid vacation leave once he/she has two years accrued vacation on his/her vacation balance. In the event a unit member is denied the use of his or her full accrual in any calendar year, the unit member's cap under this Article 5.2(c) shall be increased by the amount of vacation denied by the City. For purposes of this Article, in order to be deemed to have been denied the use of vacation, (i) the unit member must have offered multiple alternate dates for vacation, all of which were denied; and (ii) the amount of vacation denied shall be based on the entire year and not on any single instance in which a unit member's vacation request was denied.
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(e) Holidays During Vacation Leave. In the event that one or more holidays fall during a period when an employee is on vacation leave, such holiday(s) shall not be charged as vacation leave, and the leave shall be extended accordingly. The hour value for each holiday shall be equivalent to the employees' regularly scheduled work period, i.e. if the holiday falls on a regularly scheduled ten (10) hour work day, the employee's time off is ten (10) hours. If the holiday falls on a scheduled eight (8) hour work day, the holiday time is eight (8) hours.
(f) Pay for Accumulated Vacation Leave. Unit members who leave the employment of the City shall be paid for all accumulated vacation leave at his/her base salary at the time he/she leaves the employment of the City.
(g) Vacation Sale. Unit members with more than two (2) years of service may sell unused vacation time in an amount not to exceed fifty percent (50%) of that earned in the preceding twelve (12) month period. The sum of the calculation shall be based on the employee's base salary at the time of the sale. (h) Break in Service. For the purpose of vacation leave accrual, unit members with a break in service with the City of not more than one year shall be given credit for previous service.
5.3 Military Leave. Military leave shall be granted in accordance with the applicable provisions of federal and state law. Unit members may use accrued vacation during all military leave and training, including during a unit member’s probationary period.
5.4 Jury Leave. Any employee who is called or required to serve as a trial juror shall be entitled to a leave of absence during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances and for a maximum of two weeks duration, the employee shall be paid the difference between his/her salary and any payment received by him/her, except travel pay, for such jury duty. Any jury duty beyond two weeks shall be without pay.
5.5 Extended Leaves of Absence. The City Manager may, upon written request of a permanent employee, grant a leave of absence without pay for a period not to exceed one (1) year.
Failure on the part of the employee on leave to report to the City Manager promptly at the expiration of the leave, or within a reasonable time after notice by the City Manager to return to duty after such leave, shall be cause for discharge.
5.6 Serious Family Illness Leave. Employees may use up to three (3) days of serious family illness leave in each calendar year. Serious family illness leave may be used when a member of the employee's immediate family has a sickness or disability that requires the immediate attention and care of the employee. Immediate family means the employee's father, mother, legal guardian, brother, sister, spouse, children, mother-in-law, father-inlaw, grandmother, grandfather, or grandchildren. Employees shall furnish, if required by the Chief of Police, satisfactory proof showing the nature and extent of the sickness or disability to justify the use of serious family illness leave. Serious family illness leave shall not accumulate from year to year. The hour value of a day in this section is equal to the
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number of hours an affected officer is absent from his/her regularly-scheduled shift in a 24-hour period. A day will commence with the beginning of an officer's scheduled work day. Thus, if an officer took one hour during a given 24-hour period, he/she would be charged with the use of one day.
5.7 Bereavement Leave. Employees may use up to three (3) days of bereavement leave in each calendar year, in cases where their absence is required due to a death in the employee's immediate family. Immediate family shall be defined in the same way as it is for Serious Family Illness Leave, Section 5.6 above. Bereavement leave shall not accumulate from year to year. The hour value of a day in this section is equal to the number of hours an affected officer is absent from his/her regularly-scheduled shift in a 24-hour period. A day will commence with the beginning of an officer's scheduled work day. Thus, if an officer took one hour during a given 24-hour period, he/she would be charged with the use of one day.
ARTICLE VI - HOLIDAYS
6.1 Unit members shall be granted the following holidays:
(a) New Year's Day (January 1)
(b) Martin Luther King, Jr. Day (third Monday in January) (c) Washington's birthday (third Monday in February)
(d) Memorial Day (last Monday in May)
(e) Independence Day (July 4)
(f) Labor Day (first Monday in September)
(g) Columbus Day (second Monday in October)
(h) Veteran's Day (November 11)
(i) Thanksgiving Day and the day after (fourth Thursday in November and the day after)
(j) Christmas Day (December 25)
6.2 Procedure if Holiday Falls on Saturday or Sunday. For those employees whose normal work week is Monday through Friday, when a holiday falls on Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.
6.3 Procedure if Holiday Falls on Regular Day Off. If a holiday occurs on a day which is the full-time employee's regular day off, he/she shall be entitled to holiday pay at the hour value that is equivalent to the employee's scheduled work period, i.e. for employees on a regularly scheduled ten (10) hour work day, the holiday pay shall be ten (10) hours. For employees on a regularly scheduled eight (8) hour work day, the holiday pay shall be eight (8) hours.
6.4 Employees Reporting Sick on Holidays. Employees who report in as sick on a scheduled holiday shall be paid for the holiday, together with an appropriate amount of sick leave pay
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for the hours actually missed. A commensurate deduction of hours will be made from accumulated sick leave accrual.
6.5 Holiday Pay. The hour value for each holiday shall be equivalent to the employees' regularly scheduled work period, i.e. if the holiday falls on a regularly scheduled ten (10) hour work day, the employee's time off is ten (10) hours. If the holiday falls on a scheduled eight (8) hour work day, the holiday time is eight (8) hours. Employees who work on a holiday shall either be paid the hour value that is the equivalent to the employee's scheduled work period or bank the hour value as Holiday Bank Time.
ARTICLE VII - PERSONNEL REDUCTION PROCEDURE
7.1 Seniority. When the City orders a reduction in the work force, the layoff of unit members shall be based upon seniority within classification.
7.2 Seniority Date. A unit member's seniority date shall be the first day he/she rendered service for the department in his/her classification. The seniority date of a returning unit member, more than one year after resignation or termination, shall be the first working day after the break in service, provided that no credit will be given for the time actually missed.
7.3 Probationary Employees. Unit members on probationary status (new employees and promotional employees) shall be laid off before permanent employees in the same classification.
7.4 Ties in Seniority. Unit members in the same classification with equal seniority shall be laid off based upon past performance ratings and relative ability as determined by the City.
7.5 Voluntary/Involuntary Reduction in Rank .A unit member who is subject to layoff may, in lieu of layoff, choose to take a reduction to a lower classification, provided he/she gives written notice to his/her department head ten (10) calendar days after receiving notice of layoff. In order to exercise bumping rights, the unit member must have previously served in the lower classification prior to the seniority date of the unit member being displaced.
Notwithstanding the foregoing, a unit member may not be involuntarily reduced to a classification of rank beyond the next lower classification or rank which he/she currently holds.
7.6 Notice. The City shall give affected unit members written notice 14 days prior to the effective date of the layoff. Under emergency circumstances, the notice period may be shortened.
7.7 Reemployment. Unit members laid off or taking voluntary reduction in service shall be reemployed in the inverse order of their layoff or reduction. Unit members laid off or taking a voluntary reduction in rank shall be maintained on the reemployment list until such unit member once refuses to accept reinstatement.
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ARTICLE VIII - NONDISCRIMINATION
8.1 The provisions of this MOU shall apply to all persons covered by this MOU without discrimination on account of sex, age, race, color, national origin or creed; nor will there be discrimination in respect to hiring and retention or any condition of employment because of membership in or activities on behalf of the Association.
8.2 The Association has no restrictions on membership based on sex, age, color, race, national origin or creed.
ARTICLE IX - DISCIPLINE AND DISCHARGE
RULES AND REGULATIONS
9.1 The City shall have the right to issue reasonable employee rules and regulations not in conflict with the express terms of this Memorandum of Understanding, provided that such rules and regulations are:
(a) Discussed with the Association prior to adoption;
(b) Submitted to the Association prior to adoption; and (c) Posted in conspicuous places so that employees are advised and have notice of such rules and/or regulations prior to their implementation.
9.2 Probationary Period. Notwithstanding the provisions of any other document pertaining to probationary periods, the probationary period for all unit members following initial appointment is one year from date of hire. The probationary period for a promotional appointment is one year from date of promotion. Should the employee fail to satisfactorily complete his/her probationary promotional period, he/she shall be returned to the classification and rate of pay previously held in the department. Police trainees who are promoted to police officer shall serve a one-year promotional probationary period.
However, should such an employee not satisfactorily complete the promotional probationary period, he/she shall be terminated and shall not be returned to the classification of police trainee.
9.3 The City shall have the right to discipline and discharge regular employees for "just cause." The Chief of Police shall have the authority to administer discipline in severity up to and including thirty (30) days' suspension. More severe discipline (reduction in salary, demotion, and termination) shall be imposed by the City Manager upon a report and recommendation by the Chief of Police. Probationary employees (original probationary period) do not acquire property or vested rights to their position except as provided by law.
9.4 Procedural Due Process. Regular employees have the right to procedural due process rights with respect to pre-disciplinary/discharge matters.
As a minimum, these pre-removal safeguards must include notice of the proposed action, the reasons therefor, and a copy of the charges and materials upon which the action is based
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and the right to respond either orally or in writing, to the authority initially imposing discipline.
9.5 Discipline Procedural Appeals Steps. Discipline imposed by a supervisor of less rank than the Chief of Police may be appealed to the Chief of Police by providing written notice thereof to the Chief of Police within ten (10) working days from the date of the decision.
Decisions or discipline made or imposed by the Chief of Police may be appealed to the City Manager by providing written notice thereof to the City Manager within ten (10) working days from the date of the decision.
The decisions of the City Manager may be appealed in the manner prescribed in Section
10.12 of this agreement.
ARTICLE X - GRIEVANCE APPEALS PROCEDURE
10.1 Grievance. A "grievance" shall mean a written allegation by an employee(s) or the Association concerning a dispute arising out of the interpretation or application of the specific terms of this Memorandum of Understanding and/or written employment policy, rules and regulations which affect terms and conditions of employment. An authorized Association representative may file a "grievance" on behalf of all employees to avoid a multiplicity of grievances over the same dispute.
10.2 Complaint. The parties acknowledge that employee complaints or problems of a nondisciplinary nature, not covered by the grievance procedure, and which have in the past been processed through the Police Department Complaint Procedure, may continue to be resolved through that procedure.
10.3 Representatives. The employee or City may be represented during any step of this procedure by any person designated by such party to act in his/her behalf.
10.4 Procedural Due Process. The grievance procedure contained herein shall not act as a substitute for procedural due process rights for individual employees, with respect to predisciplinary/discharge matters.
10.5 Days. Reference to days regarding time periods in this procedure shall mean work days. A work day is defined as all week days not designated as holidays by state law.
10.6 Time Limitation and Waiver. A grievance shall not be valid unless it is submitted to the City's designee, on the prescribed form, setting forth the facts and the specific provisions of the Memorandum of Understanding allegedly violated and the particular relief sought, within fifteen (15) days after the date the grievant knew or in the exercise of reasonable diligence should have known of the event giving rise to the grievance occurred. Failure to file or process any grievance within the prescribed time limitation may constitute a bar of such grievance.
Failure by the City's representative to issue a decision within the time periods provided herein shall constitute a denial of the grievance and the grievant may appeal to the next
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level. The City's representative, prior to issuing a decision at Step 1 or Step 2, shall meet with the grievant and his/her representative, if any. Any issue or dispute concerning the procedures of this grievance procedure, including the timeliness of the filing or processing of a grievance, shall be subject to determination by the hearing officer.
10.7 Informal Conference. Prior to filing a formal grievance, an employee should discuss his/her grievance with his/her immediate supervisor in an effort to adjust the alleged grievance informally.
10.8 Step 1. If the grievance is not resolved through the informal conference with the immediate supervisor, the employee must file a grievance with the watch commander or the Police Chief’s designee within the time prescribed in paragraph 10.6. A written decision shall be given to the grievant within ten (10) days after receipt of the grievance.
10.9 Step 2. If the grievance is not resolved at Step 1, the grievant shall have ten (10) days after receipt of the Step 1 decision to file a written appeal to the division commander or the Police Chief’s designee.
A written decision shall be given to the grievant within ten (10) days after receipt of the appeal. The grievant may request a meeting with the Police Chief prior to the issuance of this decision.
10.10 Step 3. In the event the grievance is not resolved in Step 2, the grievant may appeal within fifteen (15) days by filing written notice with the City Manager.
10.11 If, within the fifteen (15) day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City Manager shall be considered conclusive and shall take effect as prescribed.
10.12 Except as provided hereinafter, the grievant may appeal the decision of the City Manager within fifteen (15) days of his/her decision by providing the City Manager with a written notice of such appeal. The appeal from the City Manager shall be conducted before a hearing officer mutually selected by the parties. Notwithstanding the foregoing provision, the decision of the City Manager shall be final in minor disciplinary matters which do not subject the grievant to time off or for unsatisfactory comments in performance evaluations wherein the overall performance evaluation is rated as satisfactory or better.
The City Manager shall request a panel of seven (7) arbitrators from the California State Conciliation Service within fifteen (15) days of receiving such a request. The arbitrator shall be selected to hear the grievance by alternately striking names from such a panel beginning with the aggrieved employee.
10.13 Conduct of Hearings. All hearings shall be open to the public, provided, however, that the hearing officer shall, at the request of the employee, exclude the public from all or any portion of such hearings.
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The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determination of the truth.
The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence.
Decisions made by the hearing officer shall not be invalidated by any informality in the proceedings.
The hearing officer shall not have the authority to add to, modify, or subtract from this Agreement or to take testimony from one party outside the presence of the other. The hearing officer shall not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in this Agreement or to take any action which would be in violation of Federal or State laws.
In disciplinary matters, the hearing officer may sustain or reject any or all of the charges filed against the employee. He/she may sustain, reject or modify the disciplinary action invoked against the employee. He/she may not provide for discipline more stringent than that invoked by the appointing authority.
The parties, through their respective counsel, shall, if deemed appropriate, adopt and implement Step 3, Hearing Rules, for Conduct of Hearing.
10.14 Hearing Officer's Decision. The hearing officer shall render his/her decision as soon after the conclusion of the hearing as possible and in no event later than ten (10) working days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefor. The hearing officer's written findings and conclusions which support his/her decision shall be filed with the City, the charged employee and his/her representative, the City Clerk and the City Manager. The decision of the hearing officer is final and binding and shall be implemented by the personnel officer, subject only to the appropriate legal recourse of the City or Association pursuant to CCP Section 1094.5.
The cost of the hearing and the hearing officer's fees shall be borne equally by the parties.
ARTICLE XI - COMPLETION OF MEET AND CONFER
11.1 During the term of this Agreement, unless otherwise provided in the Memorandum of Understanding, the parties shall not meet and confer with respect to any subject or matter whether or not referred to in this Memorandum of Understanding, unless mutually agreed to otherwise.
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ARTICLE XII - SAVINGS CLAUSE
12.1 Should any provision of this Memorandum of Understanding, or any application thereof, be unlawful by virtue of any federal, state or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision. But in all other respects, the provisions of this MOU shall continue in full force and effect for the term thereof.
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MEMORANDUM OF UNDERSTANDING
CITY OF HEMET AND
HEMET POLICE OFFICERS ASSOCIATION, INC.
July 1, 2021 through June 30, 2024
Dated: Dated:
HEMET POLICE OFFICERS CITY OF HEMET
ASSOCIATION, INC.
Brandi L. Harper, Chief Negotiator Christopher Lopez, City Manager
Matthew Hiatt, President Melanie L. Chaney, Chief Negotiator
David McDonough, Vice-President Norma Rangel, Human Resources Manager
Lorena Rocha, Finance Director
Dated:
Malcolm Lilienthal, Mayor
ATTEST AS TO FORM:
Steven Graham, City Attorney
Dated: _____________
ATTEST:
John Maier, City Clerk
Dated: _____________
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 08 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
Ericka Murphy, Assistant to the City Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with Lynn Merrill and Associates, Inc. for Public Works Administration and Operational Support for FY2021- FY2024
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an agreement with Lynn Merrill and Associates, Inc. for Public Works administration and operational support for FY2021- FY2024.
BACKGROUND:
Lynn Merrill served as the Interim Public Works Director from October 2020 until October 2021. Due to CalPers limitations, the services shifted to special projects with Merrill and Associates Inc. on a contractual basis, which began in October 2021 and is scheduled to end in June 2022. On the contractual terms, Mr. Merrill provided consultant services, including project management, preparation of RFPs and staff reports, and various special studies.
The not-to-exceed amount for the agreement was $50,000, but due to the current volume of projects, staff expects exhaustion of the existing purchase order by the end of March 2022. As a result, staff is requesting an additional $31,000 for the current fiscal year, and allocations for the next two fiscal years.
DISCUSSION:
The proposed agreement extends Merrill Inc's agreement from its current end term of June 30, 2022 to June 30, 2023, and provides two one-year extensions. With this, Mr. Merrill will provide as-needed on and off-site support to the Public Works Department, coordinate Public Works projects, prepare and present staff reports as directed by the City Manager, and provide staff support to the Infrastructure Commission as appropriate.
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As the City concludes its Public Works Director/Engineer recruitment, Mr. Merrill's services will ensure continuity over special projects such as the Centrica Energy Audit; Gibbel Park Skate Plaza; various water projects such as the Well 15 and 16 Treatment System, Wells 2A and 12 Rehabilitation and Repairs; Brubaker Baseball Field renovations and concessionaire agreement.
The cost break down, also included in Attachment 2, includes $145 cost per hour for the current fiscal year, and a 2.5% increase each year, with a $0.56 per mile traveled. The fewer hours each year corresponds with this increase. The costing is as follows:
FY 21-22 (Up to 554 Hours) $145/hr $81,000
FY 22-23 (Up to 544 Hours) $148.63/hr $81,000
FY 23-24 (Up to 531 Hours) $152.35/hr $81,000
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council adopted objective: evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
There is no fiscal impact for the current fiscal year, as the amendment will be covered by salary savings from vacancies in Public Works. Future costs will be included in future budget proposals and work will be contingent on the Council's allocation of funds in subsequent fiscal year budgets. The costing is as follows:
FY 21-22 (Up to 554 Hours) $145/hr $0.56 per mile $81,000 FY 22-23 (Up to 544 Hours) $148.63/hr $0.56 per mile $81,000 FY 23-24 (Up to 531 Hours) $152.35/hr $0.56 per mile $81,000 ATTACHMENT(S):
Attachment 1: Resolution of the City Council of the City of Hemet, California Approving an Agreement with Lynn Merrill and Associates, Inc. for Public Works Administration and Operational Support Attachment 2: Proposed Agreement
Attachment 3: Professional Services Agreement Oct 2020
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City of Hemet Resolution No. 2022-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx
Resolution of the City Council of the City of Hemet,
California Approving an Agreement with Lynn Merrill
and Associates, Inc. for Public Works Administration
and Operational Support for FY2021-FY2024
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City contracted Lynn Merrill and Associates, Inc. for consultant services including project management, preparation of RFPs and staff reports, and various special studies; and
WHEREAS, the term of the agreement was not to exceed $50,000 from October 2021 until June 2022; and
WHEREAS, Merrill and Associates, Inc. oversees the Centrica Energy Audit; Gibbel Park Skate Plaza; various water projects such as the Well 15 and 16 Treatment System, Wells 2A and 12 Rehabilitation and Repairs; and the Brubaker Baseball Field renovations and concessionaire agreement; and WHEREAS, the City maintains a need for consistent oversight over various Public Works projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
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City of Hemet Resolution No. 2022-xxx
The FY2021/22 agreement with Lynn Merrill and Associates, Inc. is hereby amended from a not-to-exceed amount of $50,000 to $81,000; and an agreement for FY 2022/23 and FY2023/24 is hereby approved, contingent on funds being allocated by the City Council in subsequent fiscal years, demonstrated below.
FY 21-22 (Up to 554 Hours) $145/hr $81,000
FY 22-23 (Up to 544 Hours) $148.63/hr $81,000
FY 23-24 (Up to 531 Hours) $152.35/hr $81,000
PASSED, APPROVED AND ADOPTED this 8th day of March, 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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City of Hemet Resolution No. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of March, 2022, and was passed by the following vote:
AYES: Council Members: Krupa, Brown, Males, Mayor Pro Tem Meyer, Mayor Lilienthal
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
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FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
by and between
the
CITY OF HEMET
and
LYNN MERRILL & ASSOCIATES, INC.
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2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF HEMET AND LYNN MERRILL & ASSOCIATES, INC.
This First Amendment to Professional Services Agreement (“First Amendment”), which is dated for the ____ day of _________, 2022, is hereby entered into by and between the CITY OF HEMET, a California municipal corporation (“City”), and Lynn Merrill & Associates, Inc., a California Corporation (“Service Provider”), as follows:
RECITALS
A. City and Contractor entered in an agreement for Professional Services on September 20, 2021 (“Agreement”), pursuant to which the Service Provider was to provide Public Works Administration and Operational Support services to the City, for approximately nine months, for a total sum not to exceed fifty thousand dollars ($50,000).
B. The parties now desire to amend the Agreement to increase the total compensation, including reimbursement for actual and reasonable expenses, to an amount not to exceed eighty-one thousand dollars ($81,000), and to provide the option for two one-year extensions, subject to the terms of the Professional Services Agreement, upon mutual agreement by the Parties, and contingent on funds being allocated in the subsequent fiscal year budgets.
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby agree as follows:
OPERATIVE PROVISIONS
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 [Operative Provisions]. Section 4 of the Agreement is hereby amended to increase the total compensation, including reimbursement for actual expenses, to not exceed Eighty-One Thousand Dollars ($81,000).
GENERAL PROVISIONS.
1.2 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
1.3 Integration. This First Amendment consists of pages 1 through 3 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
1.4 Effective Date. This First Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Service Provider.
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3 1.5 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
1.6 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
CITY:
THE CITY OF HEMET
By:_________________________________
Christopher Lopez, City Manager
ATTEST:
______________________________
John Maier, City Clerk
APPROVED AS TO FORM
______
Steven Graham, City Attorney
SERVICE PROVIDER:
Lynn Merrill & Associates, Inc.
By:
Name:
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PROFESSIONAL SERVICES AGREEMENT
By and Between
THE CITY OF HEMET,
a California municipal corporation
and
LYNN MERRILL & ASSOCIATES, INC.
C. I26ck
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND LYNN MERRILL & ASSOCIATES, INC.
This Professional Services Agreement (" Agreement") is entered into as of this 4T" day of October, 2021 by and between the City of Hemet, a California municipal corporation (" City") and Lynn Merrill & Associates, Inc., (" Contractor"). City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."
RECITALS
A. City has sought the performance of the Public Works Administration and Operational Support defined and described particularly in Section 2 of this Agreement.
B. Contractor was selected by the City to perform those services.
C. Contractor was selected by the City on the basis of Contractor' s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Hemet' s Municipal Code, City has authority to enter into this Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
a) Subject to the provisions of Section 20 " Termination of Agreement" of this Agreement, the Term of this Agreement is for approximately 9 months commencing on the date first ascribed above and ending on June 30, 2022, and may be renewed for additional terms by mutual written agreement.
b) The City may, in its sole discretion, unilaterally exercise an option to extend the Agreement on a month- to- month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4. 1 -
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c) Contractor acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Contractor for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Contractor agrees to perform the services set forth in Exhibit " A" " Scope of Services" ( hereinafter, the " Services") and made a part of this Agreement by this reference.
b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit " A." Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit " B" " Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($ 50, 000), unless additional compensation is approved by the City Council ( consistent with Hemet Municipal Code Section 2- 332 and 2- 333) and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 "Amendment" of this Agreement. b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection ( a) and Exhibit "B" include payment of labor on an hourly basis ( as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed 2-
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and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
c) Except as .to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within forty-five ( 45) days of receipt of Contractor' s correct and undisputed invoice.
d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor' s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor' s work within sixty ( 60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor' s work shall be deemed to have been accepted. City' s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Contractor' s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 Indemnification" and Section 17 " Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor' s guarantees and warranties in Section 9 " Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. CONTRACTOR' S BOOKS AND RECORDS.
a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor' s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement.
Any and all such documents or records shall be maintained for three ( 3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Agreement. c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor' s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors - in -interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor' s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor' s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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c) Neither Contractor, nor any of Contractor' s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City' s employees. Contractor expressly waives any claim Contractor may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement, and shall use such skill, prudence, and diligence as other members of Contractor' s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Contractors work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. .
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. 5-
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SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U. S. C. A. §§ 1101, et seg., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor' s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. c) City understands and acknowledges that Contractor will, perform non - related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other
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than City without prior written authorization from the City Manager, except as may be required by law.
b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Contractor gives City notice of such court order or subpoena.
c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Contractor' s conduct.
d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
a) Indemnification by Contractor. As provided under Civil Code Section 2782. 8, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all claims, actions and proceedings ( whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, ( collectively " Claims") to the extent same arise out of, pertain to,, or relate to the negligence, recklessness, or willful misconduct of the Contractor, its officers, agents, employees or sub -consultants (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other Contractors, and Contractor, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Contractor' s duty to defend shall not apply if SIVA
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there is a project -specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all Contractors involved with the project for their legal liability arising out of their professional services on a primary basis.
b) Indemnification from Sub -consultants. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub -consultant, sub -contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City' s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " C" " Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor' s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 " Termination of Agreement." City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
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SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor' s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor' s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor' s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 " Compensation and Method of Payment" of this Agreement. e) City may suspend all or any portion of Contractor' s performance under this Contract at its sole option and for its convenience for a reasonable period of time not to exceed six ( 6) months. City must first give ten ( 10) days' written notice to Contractor of such suspension. City will pay to Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension.
City may rescind the suspension prior to or at six ( 6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement.
Contractor will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively mom
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thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant.
During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section
20. Any failure on the part of the City to give notice of the Contractor' s default shall not be deemed to result in a waiver of the City' s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn-. City Manager
445 E. Florida Avenue
Hemet, CA 92543
To Contractor: Lynn Merrill & Associates, Inc.
Attn: Lynn Merrill
12 Nevada St, Suite A
Redlands, CA 92373
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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three ( 3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/ she/they has/ have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 " Amendment" and the City Manager' s contracting authority under the Hemet Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager' s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in 11 -
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state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U. S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney' s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits " A" through " C," is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision( s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. 12-
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND LYNN MERRILL & ASSOCIATES, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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CITY OF HEMET
Christopher
9L
Lopez
City Manager
CONTRACTOR
By:
Its: _ 1 ft/j
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EXHIBIT " A"
SCOPE OF SERVICES
I. Service Provider will perform to the satisfaction of the City the following Services:
A. Consultation on Public Works Administration and Operations.
B. As -needed on- and off-site support to the Public Works Department, including the Water Division, Storm Drain Division, Equipment Maintenance Division, Facilities Division, Parks Division and Streets Division.
C. Provide consulting guidance and assistance to the Department, and be responsible for coordinating both the internal and external activities of the Department, including appropriate interface with other City Departments.
D. Provide technical and administrative management consulting and support to the Infrastructure Commission as appropriate.
E. Provide technical and administrative management consulting and support for special projects as assigned by the City Manager, including but not limited to:
continuing work on the Centrica Energy Audit; Gibbel Park Skate Plaza; various water projects such as the Well 15 and 16 Treatment System, Wells 2A and 12 Rehabilitation and Repairs; Brubaker Baseball Field renovations and concessionaire agreement, and other projects as assigned.
F. Mr. Merrill will be available to be physically present at the Public Works Department, Monday through Thursday between the hours of 6: 30AM and 5: OOPM as needed, and any other days or times as necessary to support the city. He will be available to attend all Council meetings at which items related to the Public Works Department are on the agenda and his specialized technical and administrative management consulting is implicated, and shall be able to make appropriate presentations at these meetings in support of the agenda or other items associated with the Public Works Department. He will be available to attend any internal and external meetings as requested by the City Manager, or other Department Directors as appropriate. He will maintain 24/ 7 availability in the event of emergencies or other needs of the city.
G. City shall make available access to both work space and City' s computer system necessary to accomplish the proposed work. As a convenience to the City, the City shall provide a City -issued cell phone for use on City business at cost to the City. Use of a City vehicle shall be allowed for use within City boundaries for safety reasons. Consultant shall be. reimbursed IRS mileage for 02
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travel to and from any meetings outside of the City and for in -city mileage when a City vehicle is not available.
Il. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:
A. Prepare and present staff reports as appropriate and under the direction of the City Manager to the City Council.
B. Prepare other documents as requested in support of the Public Works Department.
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EXHIBIT " B"
COMPENSATION
I. Contractor shall use the following rates of pay in the performance of the Services:
A. Labor $ 145. 00 per hour ( Principal)
B. Non -commute mileage $. 56 per mile ( IRS 2021 Rate) II. The total compensation for the Services shall not exceed Fifty Thousand Dollars 50, 000. 00) as provided in Section 4 " Compensation and Method of Payment" of this Agreement. This NTE may be increased as desired by the City through written amendment of the terms and conditions of the City' s Professional Services Agreement.
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EXHIBIT " C"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best' s rating of no less than A:VII. Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Contractor shall maintain professional liability insurance appropriate to the Contractor' s profession. This coverage may be written on a " claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three ( 3) consecutive years following the completion of Contractor' s services or the termination of this Agreement. During this additional three ( 3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Contractor shall maintain limits of professional liability insurance no less than $ 1, 000, 000 per occurrence.
B. Other Provisions. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such C- 1
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deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor' s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 08 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Charles Russell, Public Works Operations Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Application for the State Department of Parks and Recreation Proposition 68 Per Capita Grant Funds in the Amount of $229,752 and Authorize the City Manager to Execute All Documents in Relation to the Application RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving the application for the State Department of Parks and Recreation Proposition 68 Per Capita Grant Funds in the amount of $229,752 and authorize the City Manager to execute all documents in relation to the application.
BACKGROUND:
The Per Capita Project program originates from Proposition 68, placed on the ballot through Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018. Funds for the program were appropriated through State Budget item 3790-101-6088(b).
Funds are provided for two programs, as described below:
General Per Capita Program: $185,000,000 - Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors (PRC §80061(a)).
Urban County Per Capita: $13,875,000 - Additional funds are available for Per Capita grants to cities and districts in urbanized counties (a county with a population of 500,000 or more) providing park and recreation services within jurisdictions of 200,000 or less in population. An entity eligible to receive funds under this subdivision shall also be eligible to receive funds available under the General Per Capita Program.
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Sixty percent (60%) of the General Per Capita funds are allocated to the entities based on population.
The minimum allocation is $200,000. Under the General Per Capita formula, the City of Hemet is eligible for a Per Capita grant of $229,752.
In May 2019, Public Works staff submitted the appropriate request for the City to secure the total funding; however, due to staff departures, the notifications from the State Department of Parks and Recreation were sent to individuals no longer affiliated with the City.
In early February 2022, a representative from the State successfully contacted current staff and advised that these grant funds were still pending and inquired whether the City was still interested. Staff immediately responded and prepared initial documents that were forwarded to the State indicating interest and provided a preliminary project recommendation for funding use which was the construction of a proposed pickleball court in Gibbell Park.
ANALYSIS:
The State has determined that eligible Projects under this grant are projects that must be capital outlay for recreational purposes and are either acquisition or development. A project can only have one location and one project serving several parks is not permitted. Projects not serving a “severely disadvantaged community” (median household income less than 60% of the statewide average) require a 20% match.
The City must use Per Capita grant funds to supplement existing expenditures, rather than replace them. For example, a Grantee has a budget for recreational capital expenditures of $500,000 per year and is receiving a $200,000 allocation under the Per Capita program. The budget cannot be reduced to $300,000 with the Per Capita funds making up the difference. Similarly, if a Project has been approved by the governing body, and a funding source has been identified, Per Capita funds cannot be swapped in as a new funding source unless the prior funding source is applied to other identified recreational capital projects.
DISCUSSION:
The City has identified the need for a pickleball court at Gibbell Park and has initially considered the use of ARPA funding for this project; however, no action has been taken to direct the use of these funds towards this project. The Per Capita Grant would provide sufficient funds in order to fully construct the proposed Gibbell Park Pickleball Court, thus adding an additional recreational resource in an underserved area of the City.
The total amount of funding available under the Per Capita Grant is $229,752. A similar court was constructed by Valleywide Recreation and Park District at Sallee Park in San Jacinto in 2017 at a cost of $112,000 for the actual court and all nets, posts and appurtenances through a competitive bid process, with funding from the Riverside County Economic Development Department; the project was under prevailing wages requirements. Using $112,000 as the initial cost for the construction, staff extrapolated the costs to the proposed $183,877 for construction, which represents a 64% increase in labor and material costs over the last five years. In addition, staff has determined that approximately 20% of the grant should be used for design, pre-construction and construction management and inspection costs for a total of $45,875.00. The grant allows up to 25% of the total grant amount to be used for pre-construction costs. Based on this assessment, staff feels that this grant would provide full funding to add this new amenity within the City to serve the growing demand for pickleball courts.
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Based on the City's designation as a "severely disadvantaged community", no additional matching funds are anticipated.
Pickleball is considered to be one of the fastest-growing recreational sports within the United States, with nearly 3.3 million active players. It is especially popular with older adults since it combines the elements of badminton, table tennis, and tennis and allows an active lifestyle without the intensity of such sports like racquetball and tennis. The sport has grown in such popularity that there are national tournaments such as the U.S. Pickleball National Championship among others.
Staff reviewed other proposed park projects within the City and felt that this project was in shovel-ready condition, due in part to the availability of existing pickleball court designs and plans. The only other project that this level of funding could potentially cover is the proposed Gibbel Park Fitness Court; however, this project may exceed the available funding under the Per Capita Grant, given the current estimated costs for the Mary Henley Fitness Court construction.
PREVIOUS COUNCIL ACTION:
None.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
The installation of a new pickleball court at Gibbell Park will enhance the attractiveness of the park while providing a needed amenity that will serve a large portion of the community.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 3: Increase the community's pride within the City.
The addition of a pickleball court will result in expanded recreational opportunities for all ages while promoting fitness and well-being, especially amount older adults within the City.
FISCAL IMPACT:
No impact to the general fund is expected. The cost for engineering, preparation of specifications, construction inspection, and management have been estimated at $45,875 or 20% of the total grant while actual construction is estimated at $183,877 or 80%. The total amount of the proposed grant is $229,752 and there would not be any requirement for a match.
ALTERNATIVE(S):
1. Decline the acceptance of this grant; or,
2. Provide alternative direction to staff regarding either a different project or a different location for this project. Staff reviewed other proposed park projects within the City, and felt that this project was in shovel-ready position. The only other project that this level of funding could potentially cover is the proposed Gibbel Park Fitness Court; however, this project may exceed the available funding under the Per Capita Grant, given the estimated costs for the Mary Henley Fitness Court.
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REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1: Hemet - Prop 68 - Per Capita Resolution
Attachment 2: Hemet - Prop68 Questionnaire
Attachment 3: City of Hemet-Per Capita-Application
Attachment 4: City of Hemet-Development_Project_Scope.Cost_Estimate_Form - 2-22-2022
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING APPLICATION
FOR THE STATE DEPARTMENT OF PARKS AND
RECREATION PROPOSITION 68 PER CAPITA GRANT
FUNDS IN THE AMOUNT OF $229,752, AND
AUTHORIZE THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and,
WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and, WHEREAS, the State has determined that the City is eligible for a Per Capita Grant in the amount of $229,752; and,
WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Approves the filing of project application(s) for Per Capital program grant project(s); and
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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SECTION 3. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete project(s), and
SECTION 4. Certifies that all projects proposed will be consistent with the park and recreation element of the Hemet general or recreational plan (PRC §80063(a)), and
SECTION 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and SECTION 6. Certifies that it will comply with the provisions of §1771.5 State Labor Code, and
SECTION 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum-Promoting Diversity and Inclusion in Our National Parks, National Forests and Other Public Lands and Waters,” dated January 12, 2017, the City of Hemet will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low-income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.
(C)Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expend access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations.
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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(F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversityserving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations.
SECTION 8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)).
SECTION 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures (PRC §80062(d)).
SECTION 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and
SECTION 11. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for completion of the grant scope(s); and
SECTION 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
SECTION 13. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED this 8th day of March 2022. ____________________________
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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Malcom Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of March 2021, and was passed by the following vote:
AYES: Council Members: None.
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
17.A
17.A
PER CAPITA ALLOCATION QUESTIONNAIRE
California Drought, Water, Parks, Glimate,
Goastal Protection, and Outdoor Access
For All Act of 2018
Gomplete and return by Monday, June 3, 2019 to:
Per Capita Allocation Questionnaire
California State Parks
Office of Grants and Local Services
P,O. Box 942896
Sacramento, CA 94296-0001
ldentifyi n g I nformation
Per Gapita Grant Program Statute
Public Resources Code (PRC) $80062(a)(1) The department shall allocate 60 percent of the funds available pursuant to subdivision (a) of $80061 to cities and districts, other than a regional park district, regional park and open-space district, open-space authority, or regional open-space district.
Each city's and district's allocation shall be in the same ratio as the city's or district's population is to the combined total of the state's population that is included in incorporated and unincorporated areas within the county, except that each city or district shall be entitled to a minimum allocation of two hundred thousand dollars ($200,000).
PRC S80062(bX1) the department shall allocate 40 percent of the funds available pursuant to subdivision (a) of $80061 to counties and regional park districts, regional park and open-space districts, open-space authorities, and regional open-space district.
Each county's allocation under paragraph (1) shall be in the same ratio that the county's population is to the total state population, except that each county shall be entitled to a minimum allocation of four hundred thousand dollars ($400,000). apita Grant Program lnterest (Check one response):
e agency wishes to participate in the Per Capita Grant Program; or ! The agency does not wish to participate in the Per Capita Grant Program; or ! The agency is not eligible to participate in the Per capita Grant program. 1 Agency Name
errT 6 HeMET
Agency Address (include County)
{q5 e. trLoztOA' Ave.
F€Mgr, ea olzs+a - P.tl/Ef'9tæØ.
Contact Person
AvIÉ BARR,ÈT
Title
Étæw¡tvÊ *t-tAvt61
Telephone
q5t-1v5-?680
Email
AgA R ROñ @ ¿ n\¡æ++eVgr. øeJÞ
17.A
lndicate your type of jurisdiction:
City and Local Districts
City
n Recreation and Park District
Other kind of district, including a water
district operating multi-use parklands in
an unincorporated region where no city or
county provides recreation services.
(lf you checked this box, attach a list of multi-use
parklands operated by your agency and describe
activities occurring at these locations.)
Population Information
January 1 , 2019 population estimate for your jurisdiction ØL+.15+ State the source and attach specific documentation as evidence of this population estimate (e.9. County Planning Department,
Area Council of Governments, County registrar, Census
City and Local District Boundary Overlaps
lf your agency is a city or local district, does the boundary of your agency overlap any other city and/or local district(s)?
nYes o
lf no, sign and date this questionnaire and return by June 3, 2019. lf yes, does the city operate and manage parks and recreational areas and facilities in the area of overlap? nYes trNo
If no, all grant funds in that area shall be allocated to the district (PRC $80062(a)(1)(a)) Sign and date this questionnaire and return by June 3, 2019. lf yes, list the city and/or local district(s) overlapping your jurisdictional boundary:
City: Local District 1 Local District 2
Population in overlapping area(s) shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. The city and district shall collaboratively develop and submit a plan for allocating the grant funds (PRC 980062(a)(1Xa)). 2 County and Regional Districts
County
Regional Park District,
Regional Park and Openspace District, Openspace Authority (PRC S35100) or Regional
Open-space District
17.A
Provide the following information for allocation of funds in overlap area(s):
Sign and date this questionnaire and return by June 3, 2019 County and Regional District Boundary Overlaps
PRC S80062(bX3) ln any county that embraces all or part of the territory of a regional park district, regional park and open-space district, open-space authority, or regional open-space district, and whose board of directors is not the county board of superuisors, the amount allocated to the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the tenitory of the district. lf your agency is a County or Regional District, are there any overlapp¡ng areas? nYes lNo
lf no, all grant funds shall be allocated to the county. Sign and date this questionnaire and return by June 3, 2019.
lf yes, is the board of directors also the county board of supervisors? EYes trNo
lf yes, all grant funds for the county shall be allocated to the Regionat District.
Sign and date this questionnaire and return by June 3, 2019. lf no, using the population information provided, provide the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district.
Number of people in county within
district territory:
Number of people in county outside
district territory:
sign and return this questionnaire by Monday, June 3,2019 to the address on page one. lf you have any questions, e-mail [email protected].
I certify I have the authority to sign on behalf of the agency listed in the identifying information table on page one of the Per Capita Allocation Questionnaire.
Total number of
people in overlap
area
Number of people
attributed to City
Number of people
attributed to Local
District 1
Number of people
attributed to Local
District 2
(
sig
M 2otq
Date
Title
e vE kñ
Agency Name
ê æ
3
17.A
E-1: city/Gounty/state Population Estimates with Annual Percent Ghange January 1,2018 and 2019
JURISDICT¡ON
Seaside
Soledad
Balance of County
Napa
American Canyon
Calistoga
Napa
St Helena
Yountville
Balance of County
Nevada
Grass Valley
Nevada City
Truckee
Balance of County
Total Population
1t1t18 1t1t19 JURISDICTION
Westminster
Yorba Linda
Balance of County
Placer
Auburn
Colfax
Lincoln
Loomis
Rocklin
Roseville
Balance of County
Plumas
Portola
Balance of County
Sacramento
Citrus Heights
Elk Grove
Total Population
1t1t18 1t'U19
Percent
Change
Pe¡cent
Change
34,382
25,890
106,755
99,024
'12,785
3,114
16,432
66,693
33,776
26,079
107,946
140,779
20,629
5,453
79,490
6,133
2,916
26,158
98,904
12,769
3,122
16,434
66,579
93,035
68,804
128,726
389,480
14,291
2,071
47,808
6,848
66,711
136,260
115,491
19,793
1,981
17.812
1,530,242
87,841
172,347
92,610
68,706
129,128
396,691
14,392
2,O73
48,277
6,887
69,249
139,643
116,170
19,779
1,976
r 7,803
'l,546,174
BB,O95
174,025
-1.8
0.7 1.1
-0.5
-0.1
0.3 140,966
20,630
5,391
79,495
6,119
2,938
26,393
1.9 0.7
0.1 1.0
0.6 3.8
2.5 0.6
-0.1
0.0 1.2
0.0 0.2
-0.7
-0.9
-0.1
-0.1
0.3 0.0
-o.2
0.3 -0.6
o.2
2.4 -0.3
1.1 0.1
-0.3
-0.5
-0.3
0.1 0.8
2.2 -0.5
-0.6
1.5 -0.6
1.6 1.5
-0.6
-0.6
-0.4
-0.5
o.4
-0.5
-0.6
-0.5
0.8 -0.4
-0.5
-0.4
-0.5
-0.5
-0.1
-0.3
-0.1
Orange
Aliso Viejo
Anaheim
Brea
Buena Park
Costa Mesa
Cypress
Dana Point
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
lrvine
Laguna Beach
Laguna Hills
Laguna Niguel
Laguna Woods
La Habra
Lake Forest
La Palma
Los Alamitos
Mission Viejo
Newport Beach
Orange
Placentia
Rancho Santa
Margarita
San Clemente
San Juan Capistrano
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
3,213,275
5'l ,664
358,703
44,539
83,594
114,536
49,774
34,365
56,914
143,313
174,951
202,097
274,055
23,474
31,751
65,777
16,612
62,558
85,048
15,914
11,790
96,856
87,614
141,116
52,602
49,238
65,732
36,541
339,192
25,191
39,483
81,755
5,961
3,222,498
51 ,372
359,339
45,606
83,384
115,830
49,833
34,249
56,652
142,824
1 75,1 55
203,76',1
280,202
23,358
31,572
66,748
16,518
63,542
86,346
15,820
11,721
96,434
87,1 80
141,691
52,333
48,960
65,405
36,82'1
337,716
25,073
39,307
81,369
5,933
Riverside
Banning
Beaumont
Blythe
Calimesa
Canyon Lake
Cathedral City
Coachella
Corona
Desert Hot Springs
Eastvale
lndian Wells
lndio
Jurupa Valley
Lake Elsinore
La Quinta
Menifee
Moreno Valley
Murrieta
Norco
Palm Dqsert
Palm Springs
Perris
Rancho Mirage
Riverside
San Jacinto
Temecula
Wildomar
Balance of County
2,412,536
30,950
46,545
19,651
9,080
11,213
54,466
45,777
167,013
25,102
65,725
84,423
5,389
88,1 94
104,661
62,241
41,753
90,775
206,046
1 16,970
26,464
53,298
48,390
76,260
18,297
326,270
47,607
113,248
35,635
387.093
2,440,124
31 ,044
48,401
'19,428
9,159
1'l,285
54,907
46,351
1 68,1 01
29,251
66,078
5,445
89,406
106,318
62,949
42,098
93,452
208,297
't18,125
26,386
53,625
48,733
76,971
18,489
328,101
48,878
113,826
36,066
394,200
1.1 0.3
4.0 -1.1
0.9 0.6
0.8 1.3
o.7
0.5 0.5
0.4 1.0
1.4 1.6
't.1
0.8 2.9
1.1 1.0
-0.3
0.6 0.7
0.9 1.0
0.6 2.7
0.5 1.2
1.8 1.0
0.3 1.0
17.A
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Per Capita Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS
where PROJECT is located including zip code
(substitute latitude and longitude where no street
address is available)
MATCH AMOUNT (if project is not serving
a severely disadvantaged community)
$
LAND TENURE ( all that apply)
Owned in fee simple by GRANTEE
Available (or will be available) under
a ( ) year lease or easement
NEAREST CROSS STREET
Project Type (Check one) Acquisition Development
COUNTY OF PROJECT LOCATION
GRANTEE NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
Name (typed or printed) and Title Email address Phone
GRANT CONTACT-For administration of grant (if different from AUTHORIZED REPRESENTATIVE) Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Development PROJECT Scope/Cost Estimate Form or acquisition documentation. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate.
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name:
Title:
17.A
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□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ □ □
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□ □ □
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Development Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
Development project scope (Describe the project in 30 words or less):
Project Scope Items all that apply:
Install
new
Renovate
existing
Replace
existing Recreation Element
Pool, aquatic center, splash pad
Trails or walking paths
Landscaping or irrigation
Group picnic, outdoor classrooms, other gathering spaces Play equipment, outdoor fitness equipment
Sports fields, sports courts, court lighting
Community center, gym, other indoor facilities
Restroom, concession stand
Other:
Other:
Minor elements which support one or more of the recreation elements checked above: benches, lighting, parking, signage, etc.
PRE-CONSTRUCTION (costs incurred prior to ground-breaking, such as design, permits, bid packages, CEQA); up to 25% of total PROJECT cost. $ Construction $
Total PROJECT cost $
Subtract GRANTEE match if not in severely disadvantaged community (20% of total PROJECT cost, see page 13)
Less match
-$
Total GRANT amount requested $
The GRANTEE understands that all elements listed on this form must be complete and open to the public before the final grant payment will be made.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
19
17.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 08 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
Veronica Allen, Management Analyst;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
Consideration of Allocations for 2022-2023 Program Year Community Development Block Grant RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Review and discuss the City Council Ad Hoc Committee's recommendation allocations of $878,386 in 2022-2023 Community Development Block Grant (CDBG) funding.
BACKGROUND:
The City of Hemet is an entitlement city of the Community Development Block Grant (CDBG) program and as such, receives annual grants on a formula basis from the U.S. Department of Housing and Urban Development (HUD). The purpose of CDBG is to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services, with maximum feasible priority given to activities that benefit low and moderate-income persons. The City is responsible for developing its own programs and funding priorities within CDBG and HUD requirements, as well as monitoring sub-recipients of the funds awarded under this grant.
The City received 18 applications. Of these 18 applications, 8 are from City operations and 10 are from non-profit agencies. The City Administration and Planning of CDBG activities do not require an application.
During this year’s annual CDBG funding process the City received a total of 18 applications requesting almost two million dollars in grant funds, by the December 6, 2021, due date. These applications were reviewed to ensure HUD’s established criteria were met.
On December 14, 2021, the City Council activated the Ad Hoc City Council Committee (Ad Hoc) comprised of Mayor Malcolm Lilienthal and Council Member Joe Males to review the eligible applications and provide funding recommendations for full council consideration. The Ad Hoc
17.B
Committee members and staff reviewed the applications and finalized the funding recommendations on February 22, 2022.
The Annual Action Plan is a short-range (one year) planning document used to address the City’s annual needs, goals and objectives by allocating funds to eligible activities. CDBG allocation funding for the 2022-2023 Program Year will be incorporated into the Annual Action Plan (AAP) draft. The AAP draft will be available for 30 days for public review and comment prior to a Public Hearing of the City Council, tentatively scheduled for May 10, 2022, before final approval and submission to HUD. The final AAP must be submitted to HUD no later than May 13, 2022.
DISCUSSION:
On June 23, 2021, the City Council adopted the City's Strategic Plan as a roadmap for the City's workplans. Under each goal were objectives for the City to meet. The City's Strategic Plan goals and objectives include the following:
1. Quality of Life - to ensure that Hemet is safe, clean, attractive, and comfortable for all who live, work, and visit.
a. Enhance the visual appearance of the community to make it attractive and reduce blight b. Create and explore homelessness solutions for the City of Hemet c. Increase public safety visibility and response
2. Economic Opportunity - to ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
a. Develop business practices that welcome new development by streamlining processes b. Provide resources to help new businesses to enhance the customer service experience
3. Community Engagement - to connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity. a. Increase public transparency for the public
b. Increase the community's pride within the City
c. Deliver messaging to the community that connects, is consistent and relevant
4. Partnership and Collaboration - to pursue partnerships that will increase the opportunities available to the community, including our business, unemployed, and youth populations. a. Develop concepts and programs to increase opportunities for youth recreation b. Develop concepts and programs to enhance quality of life services c. Develop programs to offer support to the community's businesses
5. Organizational Effectiveness - to identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability. a. Operate in a financially sustainable manner
b. Evaluate existing practices to ensure continuity with industry best practices c. Provide Council with policies that help provide consistency and lessen liabilities d. Increase employee retention by training and creating a positive workplace e. Streamline fire prevention coordination efforts
Each of the Strategic Plan goals and objectives is touched one way or another with the CDBG projects receiving an allocation. Some meeting more than one of the Strategic Plan goals (please see Attachment 2).
The CDBG Ad Hoc Committee met on February 22, 2022, to discuss the 22-23 CDBG funding allocations. Due to limited CDBG funding, the Ad-Hoc recommended each submitted application receive a small allocation. There was one project that was not funded by the Ad Hoc Committee.
17.B
The project not selected for an allocation was the City Manager's Office application for a Homeless Services Liaison. On October 26, 2021, Council approved the contract with City Net to provide homelessness outreach and engagement services along with emergency shelter/bridge housing. Staff recognized the need for a Homeless Services Liaison to be a collaborative contact for the community, city staff and representatives of City Net.
The staff person in this role would be responsible for: liaison between the City and the community on neighborhood issues; serve as a resource on neighborhood related services, program, and issues; attend various special program meetings related to homeless programs and provide staff support; coordinate and organize community improvement, special neighborhood related activities and events such as the Point In Time Count, and attend and facilitate meetings with other organizations and agencies to coordinate efforts and resources.
The allocation amount requested for the Homeless Services Liaison was aimed at linking the community, the City, City Net, and exploring various homelessness solutions. As a result of the exploration of various homelessness programs with the Ad-Hoc, there has been additional workload regarding this exploration including discussions with the County, Ad-Hoc, non-profits, and other groups.
The Council may choose to utilize ARPA funding for this expenditure, or choose to fund a position solely for this role to allocate a larger amount of capacity for the concept.
Although funding allocations were made to each of the 22-23 CDBG project applications that were submitted, a few of the projects require larger levels of funding to be effective. One project is the Engineering Department's request for the Accessible Sidewalk & ADA Ramp project. The Engineering 22-23 Accessible Sidewalk & ADA Ramp project proposes to install 2,538 LF of new sidewalk, 210 LF of new curb and gutter, and 38 new Americans with Disabilities Act compliant ramps.
Due to the direction provided by Council, as well as the Strategic Plan Action Item of "Creating a Sidewalk Repair Program," staff submitted this project to improve the City's sidewalk repair and replacement program. In order to be effective, staff recommends at least half of the project to be funded to benefit from economies of scale and to maximize effectiveness.
If the Council does not desire to fund at the halfway mark, the Council may want to utilize the $53,667 allocation for other projects.
Another program that received a lower allocation than requested was the Code Compliance program.
Historically, CDBG funding has contributed to the equivalent of two full-time Code Compliance Officers.
If the Council does not desire to allocate at the fully requested allocation, CDBG funding will only cover about the half of one full-time officer, relying on the General Fund or other approaches to subsidize the balance of the costs.
Additionally, the specific CDBG funded activity under the newly, reintroduced Housing Program is the Senior/Disabled Home Repair Program offered to seniors and disabled households within the community that meet low income criteria. A portion of this allocation provides 20% to cover administrative costs for personnel. The primary function of this program is to assist senior/disabled households with health and safety repairs within their home. Currently, this program has approximately 115 home owners on a waiting list that dates back to 2018.
The Housing Program was a specific action item in the Council's adopted Strategic Plan.
17.B
If the Council does not desire to allocate at the fully requested allocation, the allocation used to fund personnel administering the program will also need to rely on the General Fund or other approaches to subsidize these costs and will prolong the waiting period to assist the community needs.
The City is committed to advancing the City’s Five-Year Consolidated Plan (2020-2025) goals by allocating CDBG funding toward activities that improve the quality of life, enhance neighborhood stabilization and provide the basis for economic growth in the City of Hemet.
The funding recommendations presented in Attachment 1, are a result of the furthering of these goals and the City of Hemet’s 2022-2023 Program Year CDBG Allocation of approximately $878,386.
If the HUD funding is increased the increase will go towards public services, specifically My City Youth and Valley Restart Shelter, with an even percentage allocation between the two nonprofit agencies. If the HUD funding is decreased, the decrease will be reduced from the public services and public facilities projects on an even percentage allocation.
Tonight, Council is being asked to consider the Ad Hoc Committee's funding recommendation and approve the recommendations or return to the Ad Hoc Committee to provide a revised CDBG funding recommendation.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
The proposed action aligns with Council Adopted Objective under Quality of Life.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
The proposed action aligns with Council Adopted Objective under Community Engagement.
Objective 3: Increase the community's pride within the City.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
The proposed action aligns with Council Adopted Objective under Partnership and Collaboration.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses FISCAL IMPACT:
If Council elects to approve these recommendations, the General Fund will have to absorb a significant amount of cost that CDBG historically funds in Community Development's Code Compliance and Housing programs. These programs will be unsustainable without CDBG funding.
ALTERNATIVE(S):
17.B
The City Council may choose not to approve these recommendations and direct the Ad Hoc Committee to meet and realign the allocations based on City priorities.
ATTACHMENT(S):
Attachment 1: FY 22-23 Ad Hoc Funding Allocation
Attachment 2: 22-23 CDBG Strategic Plan Matrix
22-23 CDBG Funding Allocation Presentation
17.B
Requested Ad Hoc Funding Allocation
COH Police Explorers $ 20,000.00 $ 14,000.00
COH City Manager's Office - Homeless Services Liaison $ 12,264.00 $ - $ 85,000.00 $ 27,757.90
$ 75,000.00 $ 28,000.00
$ 10,000.00 $ 10,000.00
$ 25,000.00 $ 14,000.00
$ 15,000.00 $ 14,000.00
$ 23,200.00 $ 14,000.00
$ 10,000.00 $ 10,000.00
$ - $ 14,639.77
$ 275,464.00 $ 131,757.90 CAP 15% $ 131,757.90 Variance: $ 143,706.10 $ 424,176.00 $ 53,667.00 engineering projects should be fully funded, if possible $ 80,000.00 $ 53,667.00
$ 200,000.00 $ 200,000.00
$ 230,000.00 $ 53,667.00
$ 50,000.00 $ 50,000.00
$ 250,000.00 $ 53,667.00
$ 150,000.00 $ 53,141.45
$ 70,000.00 $ 53,141.45
$ -
$ - $ 71,368.86
$ 1,454,176.00 $ 570,950.90 NO CAP $ 570,950.90 Variance: $ 883,225.10 $ 41,900.00 $ 41,900.00
$ 133,777.00 $ 133,777.00
$ 175,677.00 $ 175,677.00 CAP 20% $ 175,677.20 Variance: $ (0.20) Requested Total $ 1,905,317.00 $ 878,385.80 Projected Funds Total $ 949,754.86 Overall Variance: $ 1,026,931.00 Based on 2021/22 published Formula Grant Allocations $878,386 1) Fair Housing Council is a necessary element of Hemet CDBG to qualify the City for CDBG funding. Fair housing and anti-discrimination services, including legal representation, are provided for Hemet residents. * FHCRC is part of Administration and Planning as reflected in the 2020-2025 Consolidated Plan to allow more funds to be available in Public Services My City Youth - Community Food program
2022-2023 Community Development Block Grant (CDBG)
Agency Name Projected Funds Available
Valley Restart Shelter - Outreach and Navigation
COH Code Enforcement - Rental Property Rehabiltation Program Voices for Children
Care-A-Van Transit, Inc.
Community Pantry
Exceed - Art in the Park
Valley-Wide Recreation and Park District - Youth Scholarship Total Public Services (Cap 15%)
COH Engineering - 22/23 Accessible Sidewalk & ADA Ramps COH Library - Security Services
Total COH Administration (Cap 20%)
COH Code Enforcement
COH ADA Ramp & Lift Program
COH Senior/Disabled Home Rehab Program
Valley-Wide Recreation and Park District - Jerry Searl Park Restroom and Park Accessibility Valley-Wide Recreation and Park District - Bill Gray Park Accessilibity Project Total Housing/Public Facilities
1) Fair Housing Council of Riverside County, Inc.*
COH Administration, Planning & Housing
\\10.206.5.34\cifshare\Data\CivicWeb\Customers\Hemet\FileStorage\93B6C844A71E4AB984A38A5B087779F8-FY 22-23 Ad Hoc Funding Allocation 3/3/2022
17.B
2022-23 Project Matrix alignment with Strategic Plan
Project Name Activity Name Quality of Life Economic
Development
Community
Engagement
Partnership &
Collaboration
Organizational
Effectiveness
Amount
requested in FY
22/23
COH Administration Admin/PlanningXXX $ 133,777.00
COH Code Enforcement Division Code EnforcementX $ 230,000.00 COH Planning Division - RPRP Rental Property Rehabilitation Program (RPRP)X $ 200,000.00 COH Finance - Senior and Disabled Home Repair Program Senior and Disabled Home Repair ProgramX $ 250,000.00 COH ADA Ramps and Lifts Program ADA Ramps and LiftsX $ 50,000.00 COH City Manager's Office - Homeless Services Liaison Homeless Services LiaisonXXXX $ 12,264.00 COH Police Explorers Police ExplorersXX $ 20,000.00
COH Library Security ServicesX $ 80,000.00
COH Engineering 2022/23 Accessible Sidewalk & ADA RampsX $ 424,176.00 Care-A-Van Transit, Inc Care-A-Van TransitX $ 25,000.00 Community Pantry Food, Rent and Utility Emergency Assistance for SeniorsX $ 15,000.00 Exceed Art in the ParkX $ 23,200.00
Fair Housing Council of Riverside County, Inc Fair Housing ProgramXXX $ 41,900.00 My City Youth Community Food ProgramX $ 75,000.00
Valley Restart Shelter Program Emergency shelter and outreach/navigation programX $ 85,000.00 Valley-Wide Recreation and Park District - Youth Scholarship Youth ScholarshipsXX $ 10,000.00 Valley-Wide Recreation and Park District Bill Gray Park Accessiblity ProjectX $ 70,000.00 Valley-Wide Recreation and Park District Jerry Searl Park Accessibility ProjectX $ 150,000.00 Voices for Children Foster children advocates - CASAX $ 10,000.00 $ 1,905,317.00
Totals by Category: $ -
Admin $ 175,677.00
Public Facilities and Improvements $ 1,374,176.00
Public Services $ 355,464.00
$ 1,905,317.00
Strategic Plan Alignment
1
17.B
Hemet City Council
Consideration of Allocations for 2022/2023 Program Year Community Development Block Grant
March 8, 2022
17.B
Strategic Plan Integration
Quality of Life Partnership &
Collaboration
Organizational
Effectiveness
Community
Engagement
Economic
Opportunity
17.B
Housing Element Update
CDBG Applications and Ad Hoc Committee
• 18 applications received • 8 from City Departments • Administration and Planning does not require an application • 10 from Nonprofit agencies • Almost $2 million requested for CDBG funding • Ad Hoc Committee – Mayor Lilienthal and Council Member Males
17.B
Housing Element Update
Annual Action Plan
• FY 22-23 is 3rd year of Consolidated Plan
• 30 days public review and comment period • Take to Council for approval – May 10, 2022 • Submit to HUD no later than May 13, 2022
17.B
Housing Element Update
Ad Hoc Committee Funding Recommendations
Requested Ad Hoc Funding Allocation
COH Police Explorers $ 20,000.00 $ 14,000.00
COH City Manager's Office - Homeless Services Liaison $ 12,264.00 $ - $ 85,000.00 $ 27,757.90
$ 75,000.00 $ 28,000.00
$ 10,000.00 $ 10,000.00
$ 25,000.00 $ 14,000.00
$ 15,000.00 $ 14,000.00
$ 23,200.00 $ 14,000.00
$ 10,000.00 $ 10,000.00
$ 275,464.00 $ 131,757.90
$ 424,176.00 $ 53,667.00
$ 80,000.00 $ 53,667.00
$ 200,000.00 $ 200,000.00
$ 230,000.00 $ 53,667.00
$ 50,000.00 $ 50,000.00
$ 250,000.00 $ 53,667.00
$ 150,000.00 $ 53,141.45
$ 70,000.00 $ 53,141.45
$ 1,454,176.00 $ 570,950.90
$ 41,900.00 $ 41,900.00
$ 133,777.00 $ 133,777.00
$ 175,677.00 $ 175,677.00
Requested Total $ 1,905,317.00 $ 878,385.80
Based on 2021/22 published Formula Grant Allocations $878,386 My City Youth - Community Food program
2022-2023 Community Development Block Grant (CDBG)
Agency Name
Valley Restart Shelter - Outreach and Navigation
COH Code Enforcement - Rental Property Rehabiltation Program Voices for Children
Care-A-Van Transit, Inc.
Community Pantry
Exceed - Art in the Park
Valley-Wide Recreation and Park District - Youth Scholarship Total Public Services (Cap 15%)
COH Engineering - 22/23 Accessible Sidewalk & ADA Ramps COH Library - Security Services
Total COH Administration (Cap 20%)
COH Code Enforcement
COH ADA Ramp & Lift Program
COH Senior/Disabled Home Rehab Program
Valley-Wide Recreation and Park District - Jerry Searl Park Restroom and Park Accessibility Valley-Wide Recreation and Park District - Bill Gray Park Accessilibity Project Total Housing/Public Facilities
1) Fair Housing Council of Riverside County, Inc.*
COH Administration, Planning & Housing
17.B
Housing Element Update
Projects Not Funded or Fully Funded
• Homeless Services Liaison • Engineering 22-23 Accessible Sidewalk and ADA Ramps • Code Enforcement
17.B
2021
-2029 Housing Element Update
Recommendations
• Council consider and approve Ad Hoc funding recommendation • Council consider and return to Ad Hoc for revised funding recommendation
17.B
Discussion & Follow Up
17.B