Hemet City Council
May 24, 2022

e 020541 n 004883 a 02 t DOM i WI s 15,008

14.A

Accrued Estimated Market
Shares/Par Value Asset Description Market Price Market Value Cost Average Cost Income Income Yield Statement Period 03/01/2022 Through 03/31/2022
Statement of Assets Held by Asset Classification - Continued Account 510099 Base Currency = USD

CITY OF HEMET
MOODY'S Aaa
1,000,000.000 MARYLAND COMMUNITY DEVELOPMENT 99.07600 990,760.00 1,019,370.00 101.93700 2,385.83 28,630.00 2.89%

ADMINISTRATION
CUSIP: 57419RD28
MATURITY DATE: 09/01/2026
RATE: 2.863%
MOODY'S Aa1
1,255,000.000 UNITED STATES TREASURY NOTE/BOND 96.40600 1,209,895.30 1,243,234.38 99.06250 55.72 20,393.75 1.69% CUSIP: 912828YG9
MATURITY DATE: 09/30/2026
RATE: 1.625%
MOODY'S Aaa
247,000.000 ALLIANCE CR UN FENTON MO 27OCT22 100.53203 248,314.11 247,000.00 100.00000 2,375.26 5,557.50 2.24% CUSIP: 01859BAB1
MATURITY DATE: 10/27/2022
RATE: 2.250%
247,000.000 BANK HAPOALIM B M NEW YORK 06MAR24 101.10344 249,725.49 247,000.00 100.00000 536.63 7,533.50 3.02% CUSIP: 06251AW30
MATURITY DATE: 03/06/2024
RATE: 3.050%
249,000.000 BANK NEW ENG SALEM N H 20NOV23 99.69666 248,244.68 249,000.00 100.00000 190.67 5,353.50 2.16% CUSIP: 06426KBH0
MATURITY DATE: 11/20/2023
RATE: 2.150%
247,000.000 BARCLAYS B 25OCT22 100.55569 248,372.56 247,000.00 100.00000 2,459.17 5,681.00 2.29% CUSIP: 06740KLJ4
MATURITY DATE: 10/25/2022
RATE: 2.300%
250,000.000 BMW BK NORTH AMER SALT LAKE 25SEP25 93.04074 232,601.86 250,000.00 100.00000 23.97 1,250.00 0.54% CUSIP: 05580AXF6
MATURITY DATE: 09/25/2025
RATE: 0.500%
8,499,692.550 BNY MELLON CASH RESERVE 1.00000 8,499,692.55 8,499,692.55 1.00000 0.00 0.00 0.00% CUSIP: X9USDBMCR
249,000.000 BUCKEYE CMNTY BK LORAIN OHI 26SEP22 99.90584 248,765.54 249,000.00 100.00000 47.75 2,490.00 1.00% CUSIP: 11815SDJ6
MATURITY DATE: 09/26/2022
RATE: 1.000%
249,000.000 COMENITY CAP BK DRAPER UTAH 24OCT22 100.55528 250,382.64 249,000.00 100.00000 141.21 5,727.00 2.29% CUSIP: 20033AXS0
MATURITY DATE: 10/24/2022
RATE: 2.300%
246,000.000 CROSS RIV BK TEANECK N J 18APR22 100.10475 246,257.69 246,000.00 100.00000 2,796.99 6,150.00 2.50% CUSIP: 227563AM5
MATURITY DATE: 04/18/2022
RATE: 2.500%
Total FIXED INCOME 60,723,200.90 61,666,834.65 253,519.61 983,177.10 1.62%

CASH AND SHORT TERM

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14.A

Accrued Estimated Market
Shares/Par Value Asset Description Market Price Market Value Cost Average Cost Income Income Yield Statement Period 03/01/2022 Through 03/31/2022
Statement of Assets Held by Asset Classification - Continued Account 510099 Base Currency = USD

CITY OF HEMET
247,000.000 FIRST BK HIGHLAND PK ILL 15NOV22 100.49898 248,232.49 247,000.00 100.00000 2,085.97 5,557.50 2.24% CUSIP: 319141JJ7
MATURITY DATE: 11/15/2022
RATE: 2.250%
249,000.000 INDUSTRIAL + COML BK CHINA 22DEC22 100.67312 250,676.06 249,000.00 100.00000 170.55 6,225.00 2.48% CUSIP: 45581EAP6
MATURITY DATE: 12/22/2022
RATE: 2.500%
247,000.000 JEFFERSON FINL FCU METAIRIE 19OCT23 101.61025 250,977.31 247,000.00 100.00000 3,717.86 8,274.50 3.30% CUSIP: 474067AQ8
MATURITY DATE: 10/19/2023
RATE: 3.350%
247,000.000 LIVE OAK BKG CO WILMINGTON 14FEB25 97.95192 241,941.25 247,000.00 100.00000 388.09 4,569.50 1.89% CUSIP: 538036HW7
MATURITY DATE: 02/14/2025
RATE: 1.850%
249,000.000 MERRICK BK SOUTH JORDAN UTA 29MAY25 94.36200 234,961.37 249,000.00 100.00000 16.37 1,992.00 0.85% CUSIP: 59013KHV1
MATURITY DATE: 05/29/2025
RATE: 0.800%
247,000.000 MORGAN STANLEY BK N A SALT 11JAN23 100.73623 248,818.49 247,000.00 100.00000 1,434.63 6,545.50 2.63% CUSIP: 61747MF63
MATURITY DATE: 01/11/2023
RATE: 2.650%
240,000.000 MORGAN STANLEY PRIVATE BK N 18APR24 100.49617 241,190.81 240,000.00 100.00000 2,983.56 6,600.00 2.74% CUSIP: 61760AZA0
MATURITY DATE: 04/18/2024
RATE: 2.750%
249,000.000 MOUNTAIN AMER FED CR UN WES 30NOV22 100.63561 250,582.67 249,000.00 100.00000 278.33 5,976.00 2.38% CUSIP: 62384RAD8
MATURITY DATE: 11/30/2022
RATE: 2.400%
249,000.000 NORTHERN BK TR WOBURN MASS 18APR22 100.04238 249,105.52 249,000.00 100.00000 1,432.60 3,112.50 1.25% CUSIP: 66476QCJ5
MATURITY DATE: 04/18/2022
RATE: 1.250%
245,000.000 STATE BK INDIA NEW YORK N Y 22JAN25 98.43428 241,163.98 245,000.00 100.00000 926.30 4,900.00 2.03% CUSIP: 856285SK8
MATURITY DATE: 01/22/2025
RATE: 2.000%
246,000.000 TIAA FSB JACKSONVILLE FLA 07JUN22 100.34614 246,851.50 246,000.00 100.00000 1,937.67 6,150.00 2.49% CUSIP: 87270LCH4
MATURITY DATE: 06/07/2022
RATE: 2.500%
249,000.000 WASHINGTON FED BK N A SEATT 23AUG24 98.86129 246,164.61 249,000.00 100.00000 125.86 5,104.50 2.07% CUSIP: 938828BJ8
MATURITY DATE: 08/23/2024
RATE: 2.050%

e 020541 n 004883 a 02 t DOM i WI s 15,010

14.A

Accrued Estimated Market
Shares/Par Value Asset Description Market Price Market Value Cost Average Cost Income Income Yield Realized
Transaction Date Transaction Description Income Principal Cost Gains/Losses Statement Period 03/01/2022 Through 03/31/2022
Statement of Assets Held by Asset Classification - Continued Statement of Transactions by Transaction Date
Account 510099 Base Currency = USD

CITY OF HEMET
CASH BALANCE 38,878.48 38,878.48 0.00000 0.00 0.00 0.00% Total Market Value Plus Total Accrued Income 74,462,691.61 03/01/22 Purchase 1,885.36- 3,209,628.91- 3,209,628.91 0.00

UNITED STATES TREASURY NOTE/BOND
RATE: 0.875% MATURITY: 01/31/24
TRADE DATE 02/22/22 SET/DATE 02/24/22
CUSIP 91282CDV0
3,250,000.000 SHARES
03/01/22 Interest 350.54 0.00 0.00 0.00 LIVE OAK BKG CO WILMINGTON 14FEB25
RATE: 1.850% MATURITY: 02/14/25
TRADE DATE 03/01/22 SET/DATE 03/01/22
CUSIP 538036HW7
247,000.000 SHARES
03/01/22 Interest 14,315.00 0.00 0.00 0.00

MARYLAND COMMUNITY DEVELOPMENT

ADMINISTRATION
RATE: 2.863% MATURITY: 09/01/26
TRADE DATE 03/01/22 SET/DATE 03/01/22
CUSIP 57419RD28
1,000,000.000 SHARES
03/02/22 Sale 0.00 3,211,514.27 3,211,514.27- 0.00

BNY MELLON CASH RESERVE
TRADE DATE 03/02/22 SET/DATE 03/02/22
CUSIP X9USDBMCR
3,211,514.270 SHARES
03/02/22 Interest 4,200.00 0.00 0.00 0.00

FEDERAL FARM CREDIT BANKS FUNDING CORP
RATE: 0.840% MATURITY: 03/02/26
TRADE DATE 03/02/22 SET/DATE 03/02/22
Total CASH AND SHORT TERM 13,461,901.66 13,486,571.03 24,069.44 104,749.50 0.78% ACCOUNT TOTALS 74,185,102.56 75,153,405.68 277,589.05 1,087,926.60 1.47% 03/01/22 ACCOUNT OPENING PERIOD BALANCE 156,514.92- 161,097.40 75,116,412.56 03/01/22 ACCOUNT CLOSING DAILY BALANCE 143,734.74- 3,048,531.51- 75,116,412.56 0.00

e 020541 n 004883 a 02 t DOM i WI s 15,011

14.A

Realized
Transaction Date Transaction Description Income Principal Cost Gains/Losses Statement Period 03/01/2022 Through 03/31/2022
Statement of Transactions by Transaction Date - Continued Account 510099 Base Currency = USD

CITY OF HEMET
CUSIP 3133EMSK9
1,000,000.000 SHARES
03/03/22 Interest 487.23- 0.00 0.00 0.00 EVANSVILLE TEACHERS FCU IND 25JAN22
RATE: 3.000% MATURITY: 01/25/22
CUSIP 299547AM1
03/04/22 Cash Debit 22,960.79- 0.00 0.00 0.00 BNF: CITY OF HEMET
DETAIL: WEEKLY INTEREST WIRE
DETAIL: ATTN: ACCOUNTING MANAGER/WEEKLY
INT
A/C WITH: WELLS FARG
O BANK, N.A. 94104,CA,US
03/07/22 Interest 3,735.79 0.00 0.00 0.00 BANK HAPOALIM B M NEW YORK 06MAR24
RATE: 3.050% MATURITY: 03/06/24
TRADE DATE 03/07/22 SET/DATE 03/07/22
CUSIP 06251AW30
247,000.000 SHARES
03/09/22 Interest 4,000.00 0.00 0.00 0.00

FEDERAL FARM CREDIT BANKS FUNDING CORP
RATE: 0.800% MATURITY: 03/09/26
TRADE DATE 03/09/22 SET/DATE 03/09/22
CUSIP 3133EMSU7
1,000,000.000 SHARES
03/11/22 Cash Debit 7,735.79- 0.00 0.00 0.00 BNF: CITY OF HEMET
DETAIL: WEEKLY INTEREST WIRE
DETAIL: ATTN: ACCOUNTING MANAGER/WEEKLY
INT
A/C WITH: WELLS FARG
O BANK, N.A. 94104,CA,US
03/02/22 ACCOUNT CLOSING DAILY BALANCE 139,534.74- 162,982.76 75,114,527.20 0.00 03/03/22 ACCOUNT CLOSING DAILY BALANCE 140,021.97- 162,982.76 75,114,527.20 0.00 03/04/22 ACCOUNT CLOSING DAILY BALANCE 162,982.76- 162,982.76 75,114,527.20 0.00 03/07/22 ACCOUNT CLOSING DAILY BALANCE 159,246.97- 162,982.76 75,114,527.20 0.00 03/09/22 ACCOUNT CLOSING DAILY BALANCE 155,246.97- 162,982.76 75,114,527.20 0.00

e 020541 n 004883 a 02 t DOM i WI s 15,012

14.A

Realized
Transaction Date Transaction Description Income Principal Cost Gains/Losses Statement Period 03/01/2022 Through 03/31/2022
Statement of Transactions by Transaction Date - Continued Account 510099 Base Currency = USD

CITY OF HEMET
03/15/22 Interest 458.43 0.00 0.00 0.00 MOUNTAIN AMER FED CR UN WES 30NOV22
RATE: 2.400% MATURITY: 11/30/22
TRADE DATE 03/15/22 SET/DATE 03/15/22
CUSIP 62384RAD8
249,000.000 SHARES
03/18/22 Cash Debit 458.43- 0.00 0.00 0.00 BNF: CITY OF HEMET
DETAIL: WEEKLY INTEREST WIRE
DETAIL: ATTN: ACCOUNTING MANAGER/WEEKLY
INT
A/C WITH: WELLS FARG
O BANK, N.A. 94104,CA,US
03/21/22 Interest 410.68 0.00 0.00 0.00 BANK NEW ENG SALEM N H 20NOV23
RATE: 2.150% MATURITY: 11/20/23
TRADE DATE 03/19/22 SET/DATE 03/19/22
CUSIP 06426KBH0
249,000.000 SHARES
03/22/22 Interest 477.53 0.00 0.00 0.00 INDUSTRIAL + COML BK CHINA 22DEC22
RATE: 2.500% MATURITY: 12/22/22
TRADE DATE 03/22/22 SET/DATE 03/22/22
CUSIP 45581EAP6
249,000.000 SHARES
03/23/22 Interest 439.33 0.00 0.00 0.00 COMENITY CAP BK DRAPER UTAH 24OCT22
RATE: 2.300% MATURITY: 10/24/22
TRADE DATE 03/23/22 SET/DATE 03/23/22
CUSIP 20033AXS0
249,000.000 SHARES
03/23/22 Interest 391.58 0.00 0.00 0.00 WASHINGTON FED BK N A SEATT 23AUG24
RATE: 2.050% MATURITY: 08/23/24
03/11/22 ACCOUNT CLOSING DAILY BALANCE 162,982.76- 162,982.76 75,114,527.20 0.00 03/15/22 ACCOUNT CLOSING DAILY BALANCE 162,524.33- 162,982.76 75,114,527.20 0.00 03/18/22 ACCOUNT CLOSING DAILY BALANCE 162,982.76- 162,982.76 75,114,527.20 0.00 03/21/22 ACCOUNT CLOSING DAILY BALANCE 162,572.08- 162,982.76 75,114,527.20 0.00 03/22/22 ACCOUNT CLOSING DAILY BALANCE 162,094.55- 162,982.76 75,114,527.20 0.00

e 020541 n 004883 a 02 t DOM i WI s 15,013

14.A

Realized
Transaction Date Transaction Description Income Principal Cost Gains/Losses Statement Period 03/01/2022 Through 03/31/2022
Statement of Transactions by Transaction Date - Continued Account 510099 Base Currency = USD

CITY OF HEMET
TRADE DATE 03/23/22 SET/DATE 03/23/22
CUSIP 938828BJ8
249,000.000 SHARES
03/25/22 Interest 619.86 0.00 0.00 0.00 BMW BK NORTH AMER SALT LAKE 25SEP25
RATE: 0.500% MATURITY: 09/25/25
TRADE DATE 03/25/22 SET/DATE 03/25/22
CUSIP 05580AXF6
250,000.000 SHARES
03/25/22 Interest 191.01 0.00 0.00 0.00 BUCKEYE CMNTY BK LORAIN OHI 26SEP22
RATE: 1.000% MATURITY: 09/26/22
TRADE DATE 03/25/22 SET/DATE 03/25/22
CUSIP 11815SDJ6
249,000.000 SHARES
03/25/22 Cash Debit 2,529.99- 0.00 0.00 0.00 BNF: CITY OF HEMET
DETAIL: WEEKLY INTEREST WIRE
DETAIL: ATTN: ACCOUNTING MANAGER/WEEKLY
INT
A/C WITH: WELLS FARG
O BANK, N.A. 94104,CA,US
03/28/22 Purchase 0.00 247,000.00- 247,000.00 0.00

BNY MELLON CASH RESERVE
TRADE DATE 03/28/22 SET/DATE 03/28/22
CUSIP X9USDBMCR
247,000.000 SHARES
03/28/22 Redemption 0.00 247,000.00 247,000.00- 0.00 CARO FED CR UN 28MAR22
RATE: 2.800% MATURITY: 03/28/22
TRADE DATE 03/28/22 SET/DATE 03/28/22
CUSIP 14367JAF3
247,000.000 SHARES
03/28/22 Interest 3,429.58 0.00 0.00 0.00 CARO FED CR UN 28MAR22
RATE: 2.800% MATURITY: 03/28/22
TRADE DATE 03/28/22 SET/DATE 03/28/22
CUSIP 14367JAF3
247,000.000 SHARES
03/29/22 Interest 158.27 0.00 0.00 0.00 03/23/22 ACCOUNT CLOSING DAILY BALANCE 161,263.64- 162,982.76 75,114,527.20 0.00 03/25/22 ACCOUNT CLOSING DAILY BALANCE 162,982.76- 162,982.76 75,114,527.20 0.00 03/28/22 ACCOUNT CLOSING DAILY BALANCE 159,553.18- 162,982.76 75,114,527.20 0.00

e 020541 n 004883 a 02 t DOM i WI s 15,014

14.A

Realized
Transaction Date Transaction Description Income Principal Cost Gains/Losses Statement Period 03/01/2022 Through 03/31/2022
Statement of Transactions by Transaction Date - Continued Account 510099 Base Currency = USD

CITY OF HEMET
MERRICK BK SOUTH JORDAN UTA 29MAY25
RATE: 0.800% MATURITY: 05/29/25
TRADE DATE 03/29/22 SET/DATE 03/29/22
CUSIP 59013KHV1
249,000.000 SHARES
03/30/22 Interest 2,750.00 0.00 0.00 0.00

FEDERAL HOME LOAN MORTGAGE CORP
RATE: 0.550% MATURITY: 09/30/25
TRADE DATE 03/30/22 SET/DATE 03/30/22
CUSIP 3134GWWT9
1,000,000.000 SHARES
03/31/22 Interest 22,343.75 0.00 0.00 0.00

UNITED STATES TREASURY NOTE/BOND
RATE: 1.375% MATURITY: 09/30/23
TRADE DATE 03/31/22 SET/DATE 03/31/22
CUSIP 912828T26
3,250,000.000 SHARES
03/31/22 Interest 10,196.88 0.00 0.00 0.00

UNITED STATES TREASURY NOTE/BOND
RATE: 1.625% MATURITY: 09/30/26
TRADE DATE 03/31/22 SET/DATE 03/31/22
CUSIP 912828YG9
1,255,000.000 SHARES
Cumulative realized capital gain and loss position from 12/31/2021 for securities held in principal of account:

Short Term: 0.00 * Long Term: 0.00 * * The above gain and loss position does not include transactions where tax cost information is incomplete or unavailable. 03/29/22 ACCOUNT CLOSING DAILY BALANCE 159,394.91- 162,982.76 75,114,527.20 0.00 03/30/22 ACCOUNT CLOSING DAILY BALANCE 156,644.91- 162,982.76 75,114,527.20 0.00 03/31/22 ACCOUNT CLOSING DAILY BALANCE 124,104.28- 162,982.76 75,114,527.20 0.00 03/31/22 ACCOUNT CLOSING PERIOD BALANCE 124,104.28- 162,982.76 75,114,527.20 0.00

e 020541 n 004883 a 02 t DOM i WI s 15,015

14.A

Statement Period 03/01/2022 Through 03/31/2022
Account 510099 Base Currency = USD

CITY OF HEMET

e 020541 n 004883 a 02 t DOM i WI s 15,016

14.A

No Transactions This Period
Current Period Year-to-Date
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CLIENT SERVICE MANAGER: GREGORY LAFFERTY
Estimated Market
Asset Classification Market Value Cost Accrued Income Annual Income Yield Realized
Transaction Category Income Principal Gains/Losses Income Principal OPENING BALANCE 0.00 0.00 0.00 0.00 CLOSING BALANCE 0.00 0.00 0.00 0.00 0.00 Realized
Transaction Date Transaction Description Income Principal Cost Gains/Losses Account Statement
Summary of Assets Held by Asset Classification
Summary of Cash Transactions by Transaction Category
Statement of Transactions by Transaction Date
Statement Period 03/01/2022 Through 03/31/2022
Account 255108 Base Currency = USD
CITY OF HEMET 1 5STR
4655 SALISBURY RD STE 300
AIM-324-0000
JACKSONVILLE, FL 32256
904-645-1939
[email protected]
No Assets Held
The above cash transactions summary is provided for information purposes only and may not reflect actual taxable income or deductible expenses as reportable under the Internal Revenue Code.

Cumulative realized capital gain and loss position from 12/31/2021 for securities held in principal of account:

Short Term: 0.00 * Long Term: 0.00 * * The above gain and loss position does not include transactions where tax cost information is incomplete or unavailable.

e 036223 n 020565 a 02 t DOM i WI s 70,564

14.A

Statement Period 03/01/2022 Through 03/31/2022
Account 255108 Base Currency = USD
CITY OF HEMET 1 5STR

e 036223 n 020565 a 02 t DOM i WI s 70,565

14.A

4/11/22, 9:48 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
April 11, 2022
LAIF Home
PMIA Average Monthly
Yields

CITY OF HEMET

CITY TREASURER
445 EAST FLORIDA AVENUE
HEMET, CA 92543-4209
Account Number: 98-33-362
March 2022 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 64,388,682.04
Total Withdrawal: 0.00 Ending Balance: 64,388,682.04

14.A

CITY OF HEMET
Cash with Fiscal Agent: US BANK
2006 Refunding Bonds Series Heartland Project
Date Activity
103852000
788-1508
Bond
103852001
788-1508
Prepayment
103852002
788-1508
Special
103852003
788-1510
Escrow
103852004
788-1502
Cost of Issuance
103852005
788-1506
Reserve
TOTAL
All Accounts
06/30/21 BALANCE 14.11 - 1,030,434.67 - - 274,142.25 1,304,591.03 07/31/21 Interest 3.43 1.35 4.78 Transfer funds 1.35 (1.35) - BALANCE 15.46 - 1,030,438.10 - - 274,142.25 1,304,595.81 08/31/21 Interest 5.24 1.39 6.63 Transfer funds 1.39 (1.39) - Transfer funds 591,968.75 (591,968.75) - BALANCE 591,985.60 - 438,474.59 - - 274,142.25 1,304,602.44 09/30/21 Interest 1.38 3.89 1.40 6.67 Transfer funds 1.40 (1.40) - Debt Service (591,968.75) (591,968.75)
BALANCE 19.63 - 438,478.48 - - 274,142.25 712,640.36 10/31/21 Interest 2.16 1.35 3.51 Transfer funds 1.35 (1.35) - BALANCE 20.98 - 438,480.64 - - 274,142.25 712,643.87 11/30/21 Interest 2.23 1.39 3.62 Transfer funds 1.39 (1.39) - BALANCE 22.37 - 438,482.87 - - 274,142.25 712,647.49 12/31/21 Interest 2.21 1.39 3.60 Transfer funds 1.39 (1.39) - BALANCE 23.76 - 438,485.08 - - 274,142.25 712,651.09 01/31/22 Interest 2.23 1.39 3.62 Transfer funds 1.39 (1.39) - BALANCE 25.15 - 438,487.31 - - 274,142.25 712,654.71 02/28/22 Interest 2.23 1.39 3.62 Transfer funds 1.39 (1.39) - Transfer funds 136,929.71 (136,929.71) - BALANCE 136,956.25 - 301,559.83 - - 274,142.25 712,658.33 03/31/22 Interest 0.34 1.68 1.26 3.28 Transfer funds 1.26 (1.26) - Debt Service (136,956.25) (136,956.25)
BALANCE 1.60 - 301,561.51 - - 274,142.25 575,705.36 Cash Equivalents - First American Treas Oblig 575,704.36 US Treasury Notes, various -
Miscellaneous Assets - AMBAC Assurance 1.00
Total 575,705.36
Cash held by Fiscal Agent
(net of Escrow account) 575,705.36
Difference -

14.A

HEMET SUCCESSOR AGENCY to
Former Hemet Redevelopment Project Area
Cash W/Fiscal Agent: US Bank (switched from MUFG Union Bank N.A. 08/01/2021) 2014 Hemet Refunding Project TAB Series A
Riverside County Public Financing - Fiscal Agent City of Hemet as Successor Agency (SA) to former Hemet RDA Date Activity
6712115701
Revenue
Fund
6712115702
Interest
Fund
6712115703
Principal
Fund
6712115704
Bond Purchase
Fund
6712115800
496-1503
SA to Hemet
RDA 2014 TTE
6712115801
496-8005-4100
Debt Service Fund
6712115802
496-8005-4200
496-1503
Interest Acct
6712115803
496-8005-4100
496-1508
Principal Acct
TOTAL
All Accounts
06/30/21 BALANCE - - - 7,995,000.00 - - 0.75 - 0.75 07/31/21 Interest -
BALANCE - - - 7,995,000.00 - - 0.75 - 0.75 08/31/21 Interest -
Wire from COH 733,046.13 733,046.13
BALANCE - - - 7,995,000.00 - 733,046.13 0.75 - 733,046.88 09/30/21 Interest 1.62 1.62
Interfund transfer (1.62) 1.62 - Debt Service Pmt (158,046.88) (575,000.00) (575,000.00) (158,046.88) (575,000.00) (733,046.88) Transfer 733,046.88 -
Transfer (733,046.88) 158,046.88 575,000.00 (733,046.13) 158,046.13 575,000.00 - BALANCE - - - 7,420,000.00 - - 1.62 - 1.62 10/31/21 Interest 0.08 -
BALANCE - - - 7,420,000.08 - - 1.62 - 1.62 11/30/21 Interest -
BALANCE - - - 7,420,000.08 - - 1.62 - 1.62 12/31/21 Interest -
BALANCE - - - 7,420,000.08 - - 1.62 - 1.62 01/31/22 Interest -
BALANCE - - - 7,420,000.08 - - 1.62 - 1.62 02/28/22 Interest -
BALANCE - - - 7,420,000.08 - - 1.62 - 1.62 03/31/22 Interest -
Wire from COH 143,670.26 143,670.26
Transfer - (143,670.26) 143,670.26 - Debt Service Pmt (143,671.88) (143,671.88)
BALANCE - - - 7,420,000.08 - - - - - Held by Fiscal Agent - County of Riverside 7,420,000.08 Held by Fiscal Agent - City of Hemet 0.00 Municipal Bond Insurance - BAM (Acct 6712115701) 0.00 Municipal Bond Insurance - BAM (Acct 6712115804) 1.00

14.A

CITY OF HEMET
Cash with Fiscal Agent: PARS
Date Activity
Fund 789
U5-PEB16A OPEB Pension
TOTAL
All Accounts
06/30/21 Restatement of net position 1,587,737.05 1,587,737.05 Contributions 200,000.00 200,000.00 Earnings 438,403.07 438,403.07
Expenses (Admin Fees) (10,719.67) (10,719.67) 06/30/21 BALANCE 2,215,420.45 - 2,215,420.45 07/31/21 Earnings -
Expenses (Admin Fees) -
BALANCE 2,215,420.45 - 2,215,420.45 08/31/21 Earnings -
Expenses (Admin Fees) -
BALANCE 2,215,420.45 - 2,215,420.45 09/30/21 Earnings -
Expenses (Admin Fees) -
BALANCE 2,215,420.45 - 2,215,420.45 10/31/21 Earnings -
Expenses (Admin Fees) -
BALANCE 2,215,420.45 - 2,215,420.45 11/30/21 Earnings -
Expenses (Admin Fees) -
BALANCE 2,215,420.45 - 2,215,420.45 12/31/21 Earnings -
Expenses (Admin Fees) -
BALANCE 2,215,420.45 - 2,215,420.45 01/31/22 Earnings -
Expenses (Admin Fees) -
BALANCE 2,215,420.45 - 2,215,420.45 02/28/22 Earnings -
Expenses (Admin Fees) -
BALANCE 2,215,420.45 - 2,215,420.45 03/31/22 Earnings -
Expenses (Admin Fees) -
BALANCE 2,215,420.45 - 2,215,420.45

14.A

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Fire Department
Submitted by: Kevin Kuhlman, Fire Battalion Chief;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of three (3) sets of Critical Life-Saving Hurst Auto Extrication Equipment to L.N. Curtis & Sons, Inc. in the Amount of $87,518.54, Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $12,518.54 to Account #110 -3200-2700, and Award the Purchase to L.N. Curtis & Sons, Inc, and Authorize the City Manager to Execute All Documents Related to the Purchase

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of (3) sets of Critical Life-Saving Hurst Auto Extrication Equipment to L.N. Curtis & Sons, Inc. in the Amount of $87,518.54, Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $12,518.54 to Account #110 -3200-2700, and Award the Purchase to L.N. Curtis & Sons, Inc, and Authorize the City Manager to Execute All Documents Related to the Purchase.

BACKGROUND:

The Hemet Fire Department is an all-hazard response agency. Many of these responses include motor vehicle accidents that require specialized tools to rescue occupants that are trapped within their vehicles. This equipment is commonly referred to as the "Jaws of Life." Hemet Fire Department policy states that all front-line Engines carry extrication equipment to start the process of rescue as soon as the incident allows. This policy is not currently followed due to the age and co ndition of the majority of extrication equipment that is in service by the Hemet Fire Department, with some sets having manufacturer dates of 2006 and 2008. For example, Engine 5 does not currently have a set of auto extrication equipment and requires an a dditional engine or truck company to respond in these instances.

National EMS protocols have established a common goal of what is called the "Golden Hour." This means from the time the first response agency arrives on the scene, the patient is extricate d, treated, and transported to a trauma center, which is to occur within that hour to give that patient the best possible odds of survival.

15.A

ANALYSIS:

Since the end of 2019, Hemet Fire department members have participated in the research and development of battery -operated equipment, and have held a total of three live demonstrations. The following manufacturers; Hurst, Holmatro, Amkus, and Genesis were invited and allowed to demonstrate their respective tools. It was determined that Hurst would be the best option for the Fire Department and will assist in the standardization of extrication equipment throughout the department.

The majority of department m embers were present for at least one of these tool demonstrations and 100% of the participants recommended the purchase of Hurst battery-operated extrication equipment.

The evaluations concluded that the Hurst equipment provided a user -friendly ergonomic design, and battery life is longer than other manufacturers (Ex. San Diego FD has batteries that have been in service for 10+ years from Hurst). The Hurst brand also has an overall lower annual maintenance cost.

This purchase option will also keep the City in line with the newly acquired Hurst Auto Extrication equipment that is part of the inventory on OES 6611, a Type VI Fire engine currently in our fleet, and was provided by the California Office of Emergency Services. This allows the department to m aintain the goal of standardizing equipment across the entire department.

The following is a brief explanation of auto extrication status on all HFD front line apparatus:

Engine 1:
• Holmatro equipment manufactured in 2008
• The Hydraulic pump passes flow tests on one port within a small margin. The other port is not pumping per manufacturing specifications.
• The repair was attempted, but the cost of repair outweighed the cost of replacement. • Holmatro recommends replacement as soon as possible due to the un reliability of the pump from past flow tests.
• Protective cases are falling apart.

Engine 2:
• Holmatro equipment was placed into service in 2016.
• There are no current issues with this equipment
Engine 3:
• Holmatro equipment was placed into service in 2016.
• There are no current issues with this equipment
Engine 4:
• Hurst equipment was placed into service 15+ years ago • This equipment has exceeded its serviceable lifespan and does not perform reliably during extrication procedures.

Truck 4:
• Holmatro equipment was manufactured in 2008.
• There are currently no issues with this equipment
Engine 5:
• Currently has no extrication equipment in service.
• A series of Holmatro equipment was placed out of service due to a faulty pump in 2020. The repair costs outweighed the replacement cost of the hydraulic pump.

Two of the sets will replace aging equipment on Engine 1 and Engine 4 which currently operate with equipment that is 15 plus years old. One set will be placed on Engine 5, which as of this past 2 plus years has carried zero extrication equipment due to aging and out-of-service life equipment as well.

15.A

DISCUSSION:

Fire Department staff is requesting that the Hemet City Council follow the recommendation within this Staff Report and award the purchase to LN Curtis providing Hurst manufactured equipment. This brand of equipment is the preferred manufacturer from the in house research & demonstration sessions performed by HFD members over the past 2 years.

Also, the Hurst equipment is the same extr ication equipment that was provided as inventory for Cal OES 6611 (Type 6 Engine placed in service in 2021). The purchase of the Hurst brand will follow in the path of Cal OES and allow our HFD staff to train on identical equipment following industry best practices. This standardization is critical when it comes to the familiarization of equipment during emergency response, and is in best interest to the citizens of Hemet.

Purchasing the same equipment that the State of California currently supplies allows our members to operate in a proficient and safety-first manner while improving our efficiency and service to the citizens of Hemet.

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 3: Increase Public Safety visibility and response.

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 2: Evaluate existing practices to ensure continuity with industry best practices.

FISCAL IMPACT:

The funding for this purchase will be shared by budgeted monies from the following accounts:

The total cost of this purchase is $87,518.54. The funding sources are listed below:

• $75,000.00 from account #115 -3241-5400. This amount was approved in the budget for FY21/22 with funds from the Measure U fund balance.

• $12,518.54 from account # 110-3200-2700 which contains funding sourced by ARPA.

ATTACHMENT(S):

LN Curtis Auto Extrication Quote
Auto Extrication Powerpoint
Auto X Resolution -May 2022

15.A

1Mm CURTISHEREIES
Ph:323-780-0254TF2866-557-0254Fax:714-522-5001DUNS#:00-922-4163 CUSTOMER:HemetCityFireDepartment445EastFloridaAvenueHemetCA92543 REQUISITIONNO.

F.O.B.FTSP
SHIPTO:HemetCityFireDepartment510EFloridaAveHemetCA92543-4334 REQUESTINGPARTYZachPetite
SHIPVIAStandardShipping
Paci?cSouthDivision16821KnottAvenueLaMirada,CA90638wvvw.LNCurtis.comQuotationNo.206210 QUOTATIONNO.ISSUEDDATEEXPIRATIONDATE20621011/04/202112/31/2021 SALESPERSONCUSTOMERSERVICEREPEdShabro EdShabro760-250-1180 TERMSNet30CUSTOMERNO.C33866
DELIVERYREQ.BY
NOTES8-DISCLAIMERS
760-250-1180

OFFERCLASSFR
Thankyouforthisopportunitytoquote.Wearepleasedtoofferrequesteditemsbelow.Ifyouhaveanyquestions,needadditionalinformation,orwouldliketoplaceanorder,pleasecontactyourCustomerServiceRepasnotedabove.

LNQTY32 33 126
SmallBusinessCAGECode:5E720DUNSNumber:009224163SICCode:5099FederalTaxID:94-1214350

UNITEAEAEAEA
PARTNUMBER271855000-1HURST272889000-1HURST90-53-15HURST90-53-21HURST DESCRIPTIONSP555Edraulic3.0EWXTSpreaderToolS789Edraulic3.0EWXTCutterToolEWXTEdraulicWatertight9AhBatteryEWXTEdraulicWatertight110VBatteryCharger Thispricingremainsfirmuntil12/31/2021.Contactusforupdatedpricingafterthisdate.

UNITPRICETOTALPRICE$12,037.50$36,112.50$10,831.50$32,494.50$715.50$8,586.00$486.00$2,916.00 Duetomarketvolatilityandsupplyshortages,werecommendcontactingyourlocalL.N.Curtisandsonsofficepriortoplacingyourordertoconfirmpricingandavailability.ThisexcludesourGSAContractandotherFixedPriceContractswhicharegovernedbycontract-speci?cprices,terms,andconditions.

Page1of2

15.A

CURTIS
VimTermg9;ggle,a,r1Q&eIurnP9Iigy
Ph:323-780-0254TF:866-557-0254Fax:714-522-5001DUNS#:00-922-4163 Page2of2
SubtotalTaxTotalTransportationTotal
Paci?cSouthDivision16821KnottAvenueLaMirada,CA90638www.LNCurtis.comQuotationNo.206210 $80,109.00$7,009.54$400.00$87,518.54

HEREIES

15.A

Hemet City Council
Purchase of Auto Extrication Equipment - Fire Department April 12th, 2022

15.A

Strategic Plan Integration
Quality of Life
Objective 1: Increase Public Safety visibility and response.

15.A

• Hemet Fire Department is an all hazards response agency. Many of these responses involve motor vehicle accidents that require specialized tools to extricate occupants that may be trapped within their vehicles.
• Standard inventory for all HFD Engine companies is to carry both a tool to cut metal and another to spread metal during these incidents. • Current equipment that is carried on (3) HFD engines is beyond its useful life, with manufacture dates back to 2006. Additionally Engine 5 is without extrication equipment due to their prior set being unrepairable.
• Industry standards are moving toward battery operated equipment which improves the versatility and use of the tools.

Background:

15.A

Housing Element Update
Selection Process
• Selection Process – Selection process was followed with the invitation to participate in R&D sessions from 2019 to 2021. This included a total of (4) auto extrication vendors. • Bid will be awarded to LN Curtis who supplies HURST Auto Extrication equipment. This decision was a unanimous decision of all committee members that participated in R&D sessions. This was based on the overall performance of the tools, weight, ergonomics, and battery life. Also factoring in with the HFD goal to standardize equipment across the department and to follow in line with extrication equipment provided by Cal OES. • This equipment will replace aging and our of service life equipment that is currently on 2 front line engines, as well as provide equipment to Engine 5, which has been without extrication equipment for the past year.

15.A

Housing Element Update
Fiscal Impact:

FISCAL IMPACT:
• The funding for this purchase will be shared by budgeted monies from the following accounts:
1) $75,000.00 from account 115-3241-5400. This amount was approved and in the budget for FY20/21.
2) $12,518.54 from account # 110-3200-2700 which contains funding sourced by ARPA.

Total Cost = $87,518.54

15.A

Housing Element Update
Recommendation:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of (3) sets of Critical Life-Saving Hurst Auto Extrication Equipment to L.N. Curtis & Sons, Inc. in the Amount of $87,518.54, Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $12,518.54 to Account #110-3200-2700, Waive Current City of Hemet Procurement Requirements to Award the Purchase to L.N. Curtis & Sons, Inc, and Authorize the City Manager to Execute All Documents Related to the Purchase.

15.A

15.A

HURST S789 E3 Cutter

15.A

HURST SP 555 E3
Spreader

15.A

Additional Life Saving Uses…….

15.A

Discussion & Follow Up

15.A

1 2
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19 20
21 22
23 24
25 26
27 28
City of Hemet Resolution No. 2021-102

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX
Adopt a Resolution of the City Council of the City of
Hemet, California, Awarding the Purchase of (3) sets
of Critical Life-Saving Hurst Auto Extrication
Equipment to L.N. Curtis & Sons, Inc. in the Amount
of $87,518.54, Authorizing the Finance Director to
Record a Supplemental Appropriation in the Amount
of $12,518.54 to Account #110-3200-2700, Waive
Current City of Hemet Procurement Requirements to
Award the Purchase to L.N. Curtis & Sons, Inc, and
Authorize the City Manager to Execute All Documents
Related to the Purchase.

The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Hemet Fire Department is an all hazards response agency, and includes emergency response to motor vehicle accidents that involve victims trapped within their vehicles. These types of incidents require emergency response, rapid emergency medical evaluation and critical triage decisions that result in either life or death.

WHEREAS, the majority of the Hemet Fire Department ‘s current compliment of life saving auto extrication equipment is either at or beyond its serviceable life span. This inventory consists of equipment that dates back to in service dates of 2006. Two front line engines have equipment that was placed in service in 2016 which is our newest auto extrication equipment. To maintain the level of service that the citizens of Hemet

15.A

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Resolution No. 2021-102
deserve, the purchase of (3) additional sets of equipment will allow old, unserviceable and out of date equipment to be replaced. In addition, this will allow Engine 5 to have a full complement of extrication equipment. Engine 5 has operated without auto extrication equipment since 2020 due to a faulty pump that was unrepairable.

WHEREAS, staff request the purchase of (3) sets of new battery-operated Hurst auto extrication equipment and this purchase be awarded to LN Curtis.

WHEREAS, the purchase order will cover the cost of (3) battery operated hydraulic spreaders, (3) hydraulic cutters, (12) Edraulic batteries, and (6) Edraulic battery chargers.

WHEREAS, the City Manager to sign the purchase order as recommended.

NOW, THEREFORE, the City Council and the City of Hemet does herby resolve:

Approve the procurement of (3) sets of Hurst auto extrication equipment and related equipment for the Fire Department, and authorize the City Manager to approve a purchase order in the amount of $87,518.54 to LN Curtis. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.A

15.A

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 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 Side Letter Agreement with the Hemet Fire Fighters Association (HFFA) and Authorize the Finance Director to Record a Supplemental Appropriation in the Amount of $473,846 for FY 2021-2022 in Support of the Side Letter Agreement

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 a Side Letter Agreement with the Hemet Fire Fighters Association (HFFA) and Authorize the Finance Director to Record a Supplemental Appropriation in the Amount of $473,846 for FY 2021-2022 in Support of the Side Letter Agreement.

BACKGROUND:

The employees within the HFFA bargaining group work toward the City of Hemet's Fire Department's mission to community safety and the preservation of life, property, and the environment. The most recent Memorandum of Understanding (MOU) with Hemet Fire Fighters Association (HFFA) was extended through June 30, 2023 by Side Letter Agreement dated June 11, 2020. In this Side Letter Agreement, HFFA and the City agreed to defer salary increases for one -year (July 2020) in exchange for any increases in negot iated benefits for Hemet Police Officers Association and Hemet Police Management Association members. This reciprocal agreement was made in recognition of HFFA's salary savings for the City during the 2020/2021 Fiscal Year.

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 firefighters. The use of Measure U funds ensures that the Fire Department remains adequately staffed and the City of Hemet continues to be a safe, vibrant, and desirable community.

ANALYSIS:

15.B

ln accordance with the authority granted by the City Council, the attached Side Letter Agreement is presented for consideration. The details of the Side Letter Agreement are as follows:

Term: Extend the current HFFA Memorandum of Understanding through June 30, 2024.

Salaries:
• Effective the first day of the pay period beginning after July 1, 2022, all members of the bargaining unit shall receive a base salary increase of three percent (3%) and an additional increase in base salary of five percent (5%).
• Effective the first day of the pay period beginning after July 1, 2023, all members of the bargaining unit shall receive a base salary increase of three percent (3%).

Covid-19 "Essential Worker" Premium Pay Stipend:

Represented unit members who perfor med 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 by the City 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, a nd March 15, 2021, and who are employed by the City on the dates payment is made, shall receive payment as follows:
• A $5,000 non-PERSable lump sum payment is 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 by the City on the date payment is made, shall receive payment as follows:
• A $10,000 non -PERSable lump sum payment is 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 eligi ble for the “Essential Worker” Premium Pay Stipend listed above, and who are employed by the City 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 (New Benefit):
• 10-Year Stipend - Effective the first full pay period in May 2022, all unit members with ten (10) years or more of service as a sworn firefighter with the City of Hemet shall be paid a stipend of $250 per month.

Longevity Pay 15 Years:
• 15-Year Stipend - Effective the first full pay period in May 2022, all unit members with fifteen (15) years or more of service as a sworn firefighter with the City of Hemet shall be paid a stipend of $700 per month. (The previous benefit was 2% of base salary)

Longevity Pay 25 Years:

15.B

• 25-Year Stipend - Effective the first full pay period in May 2022, all unit members with twenty - five (25) years or more of service as a sworn firefighter with the City of Hemet shall be paid a stipend of $1400 per month. (The previous benefit was 10% of base salary)

Unit members may only receive the highest-level longevity stipend for which they qualify and have submitted notification to the Department.

Retiree Medical Trust (New Benefit):
• The City will provide a matching contribution of u p to $125 per member per month to Retiree Medical Trust (Trust). This matching Trust contribution is in lieu of the City's current deferred compensation matching contribution of up to $125 per month provided to other bargaining units.

The City will also provide a $50 contribution to Trust in lieu of the City's current $50 retiree health savings contribution.

Sick Leave:
• New language. At the employee 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.

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 3: Increase Public Safety visibility and response.

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 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 4: Increase employee retention by training and creating a positive workplace.

FISCAL IMPACT:

The annual costs of the MOUs are as follows:

FISCAL YEAR ARPA FUNDING MEASURE U PUBLIC SAFETY CFD
2021-2022 $450,000 $22,859 $987
2022-2023 $00 $601,137 $27,797
2023-2024 $00 $823,007 $35,133
TOTALS: $450,000 $1,447,003 $63,918

15.B

Total contract cost is $1,960,921

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

Attachment 1_ Resolution- HFFA Side Letter

HFFA COSTING EXHIBIT
Attachment 2_ HFFA Letter of Agreement May 2022

15.B

City of Hemet Resolution No. 2022-XXX

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX

A RESOLUTION OF THE

CITY COUNCIL OF THE

CITY OF HEMET,

CALIFORNIA,

AUTHORIZING THE CITY

MANAGER TO EXECUTE

A SIDE LETTER

AGREEMENT WITH THE

HEMET FIRE FIGHTERS

ASSOCIATION (HFFA)

AND AUTHORIZE THE

FINANCE DIRECTOR TO

RECORD A

SUPPLEMENTAL

APPROPRIATION IN THE
AMOUNT OF $473,846
FOR FY 2021-2022 IN

SUPPORT OF THE SIDE

LETTER AGREEMENT
The City Council of the City of Hemet, California
(hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the employees within the HFFA
bargaining group work towards the City of Hemet's Fire
Department's mission to community safety and the
preservation of life, property and the environment; and WHEREAS, the City and HFFA entered into a
Side Letter Agreement in June 2020 agreeing to extend

15.B

City of Hemet Resolution No. 2022-XXX
the current MOU through June 2023, temporarily
pausing planned increases for one-year, and receiving
future benefit increases equal to those negotiated by
the Hemet Police Officers (HPOA) and Hemet Police
Management Associations; and
WHEREAS, the City and HFFA entered into
negotiations on March 31, 2022 regarding the approved
negotiated benefit increases awarded to HPOA in
March 2022; and
WHEREAS, on May 9, 2022 the City and HFFA
reached a tentative agreement, the terms of which have
been incorporated into this Side Letter Agreement for
approval; and
WHEREAS, on May 9, 2022 HFFA ratified the
updated Side Letter Agreement.; 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 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

15.B

City of Hemet Resolution No. 2022-XXX
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”.

NOW, THEREFORE, THE CITY COUNCIL OF THE

CITY OF HEMET DOES HEREBY FIND AND
RESOLVE AS FOLLOWS:

SECTION 1. Incorporation of Recitals, The City
Council of the City of Hemet finds and determines that
the above referenced recitals are true and correct and
the material to this Resolution.

SECTION 2. City Council Actions.
a) The City Council authorizes and
directs the City Manager to execute
the Side Letter Agreement with the
Hemet Fire Fighters Association
attached to this Resolution; and

15.B

City of Hemet Resolution No. 2022-XXX
b) The City Council authorizes the City
Manager, or their designee, to
appropriate sufficient funds from the
proceeds of Measure U to fund the
Side Letter Agreement in an amount
not to exceed $1,447,003 over the
fiscal years covered by the Side
Letter Agreement as follows:

FY 2021/22 $22,859
FY 2022/23 $601,137
FY 2023/24 $823,007
c) The City Council 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 HFFA employees
funded by the CFD in an amount not
to exceed $513,917 over the fiscal
years covered by the Memorandum
of Understanding as follows:

15.B

City of Hemet Resolution No. 2022-XXX

ARPA FUNDS PUBLIC

SAFETY CFD

15.B

City of Hemet Resolution No. 2022-XXX
FY2021-2022 $ 450,000 $ 987

15.B

City of Hemet Resolution No. 2022-XXX
FY2022-2023 $ - $ 27,797

15.B

City of Hemet Resolution No. 2022-XXX
FY2023-2024 $ - $ 35,133
d) That the adjustments to the budget
as summarized in Exhibit A, attached
hereto and incorporated herein by
reference are hereby approved.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.B

City of Hemet Resolution No. 2022-XXX

15.B

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 24 th day of
May, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Maier, City Clerk

15.B

EXHIBIT A
HFFA COSTING OF SIDE LETTER AGREEMENT EXPIRING JUNE 30, 2024

HEMET FIREFIGHTERS ASSOCIATION MEASURE U ARPA FUNDS PUBLIC SAFETY CFD FY2021-2022
$
22,859
$
450,000
$
987
FY2022-2023
$
601,137
$
-
$
27,797
FY2023-2024
$
823,007
$
-
$
35,133
Fund Totals:
$
1,447,003
$
450,000
$
63,917

15.B

Letter of Agreement
City of Hemet and
Hemet City Fire Fighters, IAFF Local No. 2342
This Side Letter Agreement is entered into between the City of Hemet (City) and the Hemet Fire Fighters Association, IAFF Local No. 2342 (HFFA), pursuant to the provisions of the Meyers- Milias-Brown Act (MMBA).

WHEREAS, the City and HFFA are parties to a Memorandum of Understanding (MOU) effective for the period from July 1, 2015 through June 30, 2021; and WHEREAS, on June 15, 2020 the City and HFFA executed a side letter agreement modifying the MOU and extending its term to June 30, 2023; and WHEREAS, paragraph 4 of the side letter agreement provided that members of HFFA shall receive any compensation or benefit increases provided to members of designated other bargaining units, including the Hemet Police Officers’ Association (HPOA); and WHEREAS, in March 2022 the City and the HPOA concluded successor negotiation that called for members of HPOA to receive compensation and benefits increases; and WHEREAS, the City and HFFA have met and conferred and reached agreement to modify the wages, hours and other terms and conditions of employment for members of HFFA and to extend the term the MOU between the parties to June 30, 2024.

NOW, THEREFORE the parties hereby agree as follows:

1. Term: The term of the MOU shall be extended to June 30, 2024.

2. Health Insurance: Article IV, Section 1, of the MOU is hereby amended to provide that effective the first day of the pay period containing June 1, 2022, the maximum City contribution for health insurance shall be increased from $1,028.81 per month to $1,100.00 per month.

3. Salary: Article V of the MOU was amended by the June 15, 2020 side letter to provide that effective the first day of the pay period beginning after July 1, 2022, employees would receive a three percent (3%) increase in base salary, unless HFFA triggered its option to extend the MOU. That provision is now further amended as follows:
a. Effective the first day of the pay period beginning after July 1, 2022, all unit employees shall receive a base salary increase of three percent (3%) and an additional increase in base salary of five percent (5%). b. Effective the first day of the pay period beginning after July 1, 2023, all unit employees shall receive an increase in base salary of three percent (3%).

4. Longevity: Article 5, Section 6, of the MOU is replaced in its entirety as follows:

15.B

a.Effective the first full pay period in May 2022, all unit employees with ten (10) or more years of experience as a sworn firefighter for the City of Hemet shall be paid a monthly longevity premium of two hundred and fifty dollars ($250). The unit member is responsible for notifying the Department in writing when he/she achieves 10 years of applicable service. Retroactive pay will be limited to one month prior to the notification to the Department.
b.Effective the first full pay period in May 2022, all unit employees with fifteen (15) or more years of experience as a sworn firefighter for the City of Hemet shall be paid a monthly longevity premium of seven hundred dollars ($700). The unit member is responsible for notifying the Department in writing when he/she achieves 15 years of applicable service. Retroactive pay will be limited to one month prior to the notification to the Department.
c.Effective the first full pay period in May 2022, all unit employees with twenty-five (25) or more years of experience as a sworn firefighter for the City of Hemet shall be paid a monthly longevity premium of fourteen hundred dollars ($1400). The unit member is responsible for notifying the Department in writing when he/she achieves 25 years of applicable service. Retroactive pay will be limited to one month prior to the notification to the Department.
d. A unit employee may only receive the highest level stipend for which they qualify and have submitted notification to the Department. The premium levels are not stackable.

5. Bilingual Certification Compensation: Article 5, Section 12A, of the MOU is replaced in its entirety as follows:

A.Compensation: Effective the first full pay period in May 2022, Unit employees certified by the department as bilingual in Spanish or American Sign Language shall be paid a monthly bilingual premium of two hundred and fifty- five dollars ($255) commencing on the first day of the first pay period following their certification. The parties agree that to the extent permitted by law, the compensation for bilingual pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)- Special Assignment Pay.

6. Sick Leave: Article VIII, Section 2, of the MOU is amended to provide that unit employees may use, at their discretion, accrued paid sick leave for baby-bonding leave under the California Family Rights Act (CFRA).

7. Retiree Medical Trust: Effective the first pay period after HFFA notifies the City that HFFA membership in the Southern California Firefighters Benefit Trust (“Trust”) is established, in lieu of the City’s deferred compensation matching contribution of up to $125 per month to a 457 plan provided to other bargaining units, the City agrees to make a matching contribution of $125 per member per month to the Trust, subject to HFFA’s members’ mandatory contribution. Based

15.B

upon a vote of the Association, the monthly mandatory employee contribution shall be two hundred and twenty-five dollars ($225).

Also, in lieu of the City’s existing monthly fifty dollars ($50) retiree health savings contribution for employees who receive that benefit, those employees shall now have that $50 per month directed to the Trust.

MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE AMOUNTS: The Association may, from time to time, subject to approval of its members according to the Association’s internal rules, prospectively modify the amount of the mandatory employees’ monthly contributions to the Trust in any increment of $25, or to include the mandatory transfer of employee vacation leave or sick leave upon separation of employment where an employee is eligible to receive a monetary payout of accrued vacation or sick leave, according to the rules and regulations of the IRS and the Trust. In no event shall this section impact the City’s matching contribution which is capped at $125 per month per employee.

NO IMPACT ON RETIREE MEDICAL BENEFIT ENTITLEMENT: Nothing herein shall impact any unit employee’s existing rights to retiree medical benefits from the City under other existing provisions of the MOU or other policy, including under Article XIV of the MOU.

8. 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 by the City 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 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 by the City on the date 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.

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 by the City 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.

15.B

(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 by the City 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.

9. Except as changed herein by this agreement, all other existing wages, hours and other terms and conditions of employments shall remain in full force and effect.

CITY OF HEMET HEMET CITY FIREFIGHTERS ASSOC.

City Manager Dave Prietto, President

Date Date

15.B

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Noah Rau, Public Works Director/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 Third Amendment to Agreement for McSweeny Construction Management Services by and Between the City of Hemet and KOA Corporation, Authorize the City Manager to Execute all Contra ct Documents for the McSweeny Farms Capital Improvement Projects, and Authorize the Finance Director to establish an Updated Consultant Construction Management Budget of $374,370

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 Third Amendment to Agreement for McSweeny Construction Management Services by and between the City of Hemet and KOA Corporation, Authorize the City Manager to execute al l Contract Documents for the McSweeny Farms Capital Improvement Projects, and Authorize the Finance Director to establish an updated consultant construction management budget of $374,370.

BACKGROUND:

There are three CIP projects that will be discussed in this report:
• CIP 5697 - McSweeny Phase 1 Punchlist (various street improvements) • CIP 5698 - McSweeny Parkway crossing over Cactus Creek • CIP 5699 - State Street Parkway crossing over Cactus Creek

On March 12, 2019, the City Council adopted Resolution No. 19 -019, which amended Resolution No. 4662 and approved a revised form Funding, Construction and Acquisition Agreement (Agreement) with McSweeny Recovery Acquisition, LLC (Developer) for the McSweeny Farms Specific Plan area. This Resolution provided for the construction of certain improvements within the McSweeny Farms Specific Plan area, which is funded through a Community Facilities District (CFD) established and administered by the California St atewide Communities Development Authority (CSCDA) at the request of the Developer. Subsequently, the Developer deposited funds with the City in order to cover the costs of preparation of several bid packages by City staff. The bid packages consisted of Ci ty prepared

15.C

specifications along with plans that were designed by consultants previously contracted with the Developer.

Through the Agreement, the City is to construct certain improvements on behalf of the Developer; however, it also ensures that the City will not incur any direct or indirect costs or liability by virtue of the City constructing improvements that are the responsibility of the Developer.

The construction contracts for the three McSweeny Farms projects were awarded by City Council on October 8, 2019 (CIP 5697, CIP 5698, and CIP 5699). In an effort to reduce overall project costs and provide comprehensive oversight of the three projects, the Construction Management Services was awarded to KOA Corporation.

Due to delays in approval of the CFD by CSDCA, as well as the ongoing pandemic, the commencement of construction services was delayed until early 2021. CIP 5697 commenced construction earlier in 2021 and after delays beyond the contractor's control due to power connections provided by SCE for two traffic signals, this project is nearing completion. Although construction contracts for CIP 5698 and CIP 5699 were both awarded to the same contractor (Leonida), the contractor experienced delays due to material shortages along with necessary design revisions, which contributed to a delayed construction schedule.

Along with the award of the Construction Management Services to KOA Corporation, City staff and KOA took on the management of certified payroll services, which eliminated the need to work with a separate certified payroll consulting firm and resulted in a project savings of $48,370.

The City is currently in negotiations to terminate the contract with Leonida for CIP 5699 and the Council will therefore need to rebid and award a ne w contract at a later date, which will include additional construction management services.

The First Amendment to the Agreement for McSweeny Construction Management Services, by and between the City of Hemet and KOA Corporation was executed August 11, 20 20, and provided for an extension of time on the contract only.

The Second Amendment to the Agreement for McSweeny Construction Management Services by and between the City of Hemet and KOA Corporation was approved by City Council on January 11, 2022.

The Second Amendment extended the period of Construction Management Services to March 1, 2022 and increased the contract value by $9,656 to a total contract value of $245,670.

ANALYSIS:

Through the City Council approval of Amendment No. 2, it was anticipa ted that since construction of CIP 5697 and CIP 5698 was nearing completion, the amendment would be adequate to complete Construction Management services on both projects. However, shortly after approval of Amendment No. 2, the construction work associate d with CIP 5698 was put on hold, requiring the contractor to demobilize from the project. This was due to a need by EMWD to install upgraded reclaimed water service along McSweeny Parkway, necessitating a revision to the landscape and irrigation design previously approved for construction on the project.

The installation of the reclaimed water line on McSweeny Parkway necessitated the redesign of the landscape and irrigation system for all of McSweeny Parkway, and was agreed to be completed by EMWD. This redesign is still underway and anticipated to be completed by the beginning of June 2022, at which time, the Contractor for CIP 5698 (Leonida) will remobilize to the project.

15.C

Throughout this period (between January 2022 and March 2022) Construction Management services were still necessary to coordinate between the contractor, the City, the Developer and EMWD, requiring KOA staff to remain active on the project.

As the construction of the projects continues at a reduced pace, the need for construction management services to resolve project issues has not reduced.

KOA Corporation has been providing construction management services since the commencement of construction in late 2020. Due to the delays previously discussed, KOA is requesting a third amendment to the construction management contract to allow them to finish services for CIP 5697 and CIP 5698.

Through previous City Council action and at the request of Leonida, the construction contract for CIP 5699 with Leonida is being terminated and will ultimately be re -bid for construction. To close out the construction contract prior to re-bidding this work, close-out assistance from KOA is necessary. When the construction contract for CIP 5699 is re-bid, construction management services for this project will be analyzed for any revisions to scope.

Following is a breakdown of the construction management services (previously approved and proposed).

Current Contract
Amount
through previous City
Council actions -
(CIP 5697, CIP 5698,
and CIP 5699)
CIP 5697 and CIP
5698 - Amendment
No. 3 request
(including materials
testing)
CIP 5699 -
Amendment No.
3 request for
pre-construction
coordination
Total
Contract
value of all
amendments
KOA
Corporation
$245,670 $75,700 $53,000 $374,370
City Staff time for administration, inspection, and engineering support was approved at $252,000 for these projects.

Per the previous City Council actions (Amendment No. 1 and No. 2), $245,670 was approved and established as the Construction Management b udget for consulting services (KOA). The action requested of the City Council would amend the term of the agreement (through August 30, 2022) and an increase of $128,700 to KOA's contract.

PREVIOUS COUNCIL ACTION:

• October 8, 2019 - City Council awarded construction management contract to KOA Corporation. • October 8, 2019 - City Council awarded three construction projects for CIP 5697, CIP 5698, and CIP 5699.
• January 11, 2022 - City Council approved Amendment No. 2 for CM services with KOA for CIP 5697, CIP 5698, and CIP 5699

STRATEGIC PLAN INTEGRATION:

15.C

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Enhance the visual appearance of the community to make it attractive and reduce blight through continual rehabilitation of City infrastructure.

FISCAL IMPACT:

There is no General Fund impact or cost to the City.

The proceeds provided by CSCDA CFD No. 2018-01 (McSweeny) Improvement Area No. 1 (held in an escrow account) will fund the construction of the improvements as well as the construction management services. The Developer is obligated to cover all contingenc y costs associated with the Three McSweeny Farms projects and will deposit additional funds as needed to cover any contingency.

ALTERNATIVE(S):

• Do not approve the amendment with KOA Corporation for Construction Management Services; or
• Provide additional direction to City Staff.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

Attachment 1 - Reso-KOA amendment
Attachment 2 - KOA CIP 5697 Amendment 3

15.C

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 THIRD

AMENDMENT TO

AGREEMENT FOR

MCSWEENY

CONSTRUCTION

MANAGEMENT SERVICES

BY AND BETWEEN THE

CITY OF HEMET AND KOA

CORPORATION, AUTHORIZE

THE CITY MANAGER TO

EXECUTE ALL CONTRACT

DOCUMENTS FOR THE

MCSWEENY FARMS

CAPITAL IMPROVEMENT

PROJECTS, AND

AUTHORIZE THE FINANCE

DIRECTOR TO ESTABLISH

AN UPDATED CONSULTANT

CONSTRUCTION

MANAGEMENT BUDGET OF
$374,370
WHEREAS, on October 8, 2019, the Hemet
City Council approved the award of a construction
management agreement in the amount of $156,370 to
highest ranked firm, KOA Corporation; and
WHEREAS, due to construction delays beyond
the control of the contractor, the Construction
Management Services are needing to be extended;
and

15.C

CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, the First Amendment to Agreement
for McSweeny Construction Management Services
was executed on or around August 11, 2020, which
extended the term of the agreement for 18 months
from the original agreement date of October 8, 2019;
and
WHEREAS, KOA has been providing
Construction Management services since
commencement of construction in late 2020 and is
requesting a second amendment to the Agreement to
extend the term of the Agreement for 30 months from
the original Agreement date of October 8, 2019; and
WHEREAS, the second amendment to the
Agreement increased the construction management
budget to KOA by $89,300 to a total of $245,670; and
WHEREAS, the third amendment to the
Agreement will increase the construction
management budget to KOA by $128,700 to a total of
$374,370; and
WHEREAS, staff recommends the City Council
approve the Third Amendment to the Agreement by
and between the City of Hemet and KOA Corporation;
and

15.C

CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, staff recommends the City Council
Authorize the City Manager to execute all contract
documents; and
WHEREAS, staff recommends the City Council
Authorize the Finance Director to establish an
updated consultant construction management budget
of $374,370.

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:

1. Approve this Third Amendment to
Agreement for McSweeny
Construction Management Services
by and between the City of Hemet
and KOA Corporation; and

2. Authorize the City Manager to
execute all contract documents.

3.Authorize the Finance Director to
establish an updated consultant
construction management budget of
$374,370.

PASSED, APPROVED AND ADOPTED this
24th day of May 2022.
____________________________
Malcolm Lilienthal, Mayor

15.C

CITY COUNCIL RESOLUTION NO. 2022-xxx
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.C

CITY COUNCIL 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 24 th
day of May 2022, and was passed by the following
vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

15.C

15.C

1 THIRD AMENDMENT TO

AGREEMENT FOR MCSWEENY

CONSTRUCTION MANAGEMENT SERVICES
by and between
the

CITY OF HEMET
and

KOA CORPORATION
Dated May 24, 2022

15.C

2 THIRD AMENDMENT TO

AGREEMENT FOR MCSWEENY

CONSTRUCTION MANAGEMENT SERVICES
This Third Amendment to Professional Services Agreement (“Third Amendment”), which is dated May 24, 2022, for reference as indicated on the cover page, is hereby entered into by and between the CITY OF HEMET, a California Municipal Corporation (“City”), and KOA CORPORATION, a California Corporation (“Service Provider”) as follows:

RECITALS
A. City and Service Provider entered into an agreement for Professional Services on October 8, 2019 (“Agreement”). The Agreement provides that Service Provider will provide construction management services for the three McSweeny Farms Capital Improvement Projects; and
B. On or about August 11, 2020, the Parties amended the Agreement by the First Amendment, extending the term of the Agreement for 18 months commencing on October 18, 2019; and
C. On or about January 11, 2022, the Parties amended the Agreement by the Second Amendment, extending the term of the Agreement to March 1, 2022 and increasing the contract value to $245,670; and D. City has determined that Additional Work is needed in support of CIP 5697 and CIP 5698; and
E. The Parties now desire to amend the Agreement.

NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT:The Agreement is hereby modified and amended as follows:

1.1 Section 1 of the Agreement of the Agreement is hereby amended as follows:
“Subject to the provisions of Section 20 “Termination of Agreement” of this Agreement, the Term of this Agreement is for 36 months commencing on the date first ascribed above.

1.2 Section 4(a) of the Agreement is amended to read as follows:

Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in exhibit “B” “Compensation” and

15.C

3 made a part of this Agreement by this reference. The total compensation including any reimbursement for actual expenses, shall not exceed three hundred seventy four thousand three hundred seventy dollars ($374,370), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.

2. GENERAL PROVISIONS:

2.1Remainder Unchanged. Except as specially modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.

2.2Integration. This Third Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parities and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment.

2.3Effective Date. This Third Amendment shall not become effective until the date it has been formally approved by the City Manager and executed by the appropriate authorizes of the City and Service Provider.

2.4Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of the Third Amendment.

2.5References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment.
[SIGNATURE PAGE FOLLOWS]

15.C

4 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET
___________________________
Christopher Lopez
City Manager
ATTEST:

CITY CLERK
By: ________________________

APPROVED AS TO FORM

CITY ATTORNEY
By: ________________________

SERVICE PROVIDER
KOA Corporation.

By: _____________________________
Name: __________________________
Title: ___________________________
By: _____________________________
Name: __________________________
Title: ___________________________
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE EREQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.

15.C

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Finance
Submitted by: Christopher Lopez, City Manager
Lorena Rocha, Finance Director;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

Review of the Agreed Upon Procedures Applied to the City of Hemet's Investment Portfolio to Confirm Compliance with the City's Investment Policy and the California Government Code

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Review the Agreed Upon Procedures applied to the City of Hemet's Investment Portfolio to confirm compliance with the City's Investment Policy and the California Government Code.

BACKGROUND:

Section V.B.3 of the City of Hemet's Investment Policy states that the Investment Oversight Committee shall:

Cause an annual audit to be conducted to determine the City Manager or their designee’s compliance with the Policy and California law and discuss its findings at an open meeting of the Committee or City C ouncil. The audit may examine the structure of the investment portfolio and risk.

In addition to the annual required audit work completed through the Citywide Audit, Van Lant & Fankhanel, LLP (VLF) conducted Agreed Upon Procedures (AUP) to further examin e the City's Investment Portfolio and its compliance with the City's Investment Policy and the California Government Code.

ANALYSIS:

The AUP examined the following:

1. Determine that all securities within the portfolio are legally authorized and met the credit quality and other purchase restrictions set forth in Government Code Section 53601, 53635, and

15.D

Investment Policy. Identify any securities held which met the purch ase restriction referenced above, but would not currently meet such requirements.

2. Determine that all securities meet the five -year maximum or earlier restriction established by Government Code Sections 53601,53635, and Investment Policy or have been duly authorized as an exception hereto.

3. Determine if the City's investments are engaged in reverse repurchase agreements and whether or not the portfolio is in compliance with the restrictions noted in Government Code Section 53601(1) and whether the Treasury is engaged in any form of leverage (i.e. security lending agreements, taxable Tax, and Revenue Anticipation Notes), not otherwise permitted by the City's Investment Policy and Approved y the City Council.

4. Determine that the City's investments are not engaged in any prohibited investments such as those noted in Government Code Section 53601.6 (inverse floaters, range notes, or mortgage - derived, interest-only strips.)

5. Determine that investments or reinvestments of note proceeds are limited to and do not exceed the maturity date of the notes, in keeping with Government Code Sections 53821.5, 53852.5, and 53859.02
To complete the Agreed Upon Procedures, VLF selected the Investment Reports for April, May, and June for the Fiscal Year ended June 30, 2021.

Under Procedure 1, VLF noted the following:

Legal Authorization: April 30, 2021, May 31, 2021, and June 30, 2021, Investment Reports included five (5) unallowable investments per the CA Government Code. (These investments are listed within the attached AUP Report.)
• Of the five (5) investments deemed unallowable by the Auditors, two (2) matured prior to Public Trust Advisors' review of the City's Portfolio. The remaining three (3) plus one additional investment were noted by Public Trust Advisors as not allowable per CA Government Code and the City's Investment Policy. In November 2021, the Investment Oversight Committee directed Public Trust Advisors to sell those investments and re-invest in allowable investments.

Credit Quality: The City held one investment i n each of the three months that did not meet the minimum credit quality rating required by the California Government Code and the City's Investment Policy. However, the investment met these requirements when purchased by the City. (The investment noted is listed within the attached AUP Report.)
• On December 14, 2021, Council approved an updated Investment Policy. Section X of the current approved Investment Policy states the following: Securities in this category must be rated “A-1” (or the equivalent) o r higher by at least one nationally recognized statistical rating organization at the time of purchase.
• The Security in question meets the requirements of the Investment Policy as stated.

No Exceptions were noted for Procedures 2 through 5.

DISCUSSION:

On May 9, 2022, the Investment Oversight Committee received the AUP and discussed the findings with Brett Van Lant from VLF, CPA as well as with Public Trust Advisors.

15.D

STRATEGIC PLAN INTEGRATION:

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 2: Increase transparency for the public.

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 3: Provide Council with policies that are consistent while lessening liabilities.

FISCAL IMPACT:

No Fiscal Impact.

ATTACHMENT(S):

Attachment 1: Hemet Investments AUP 3-22-22

15.D

INDEPENDENT ACCOUNTANT’S REPORT

ON APPLYING AGREED-UPON PROCEDURES

To Management of the
City of Hemet
Hemet, California

We have performed the procedures enumerated below on the City of Hemet’s compliance with the City’s investment policy and the California Government Code, as it relates to the City’s Pooled Investment Fund, for the monthly periods listed in the attached procedures for the fiscal year ended June 30, 2021. The City’s management is responsible for the City’s compliance with those requirements.

Management of the City of Hemet has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of assis ting users in understanding the City’s compliance with the City’s investment policy and the Cal ifornia Government Code, as it relates to the City’s Pooled Investment Fund, for the monthly p eriods listed in the attached procedures. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this rep ort and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and associated findings are included in the attached schedule.

We were engaged by management of City of Hemet to perform this agreed-upon procedures engagement and conducted our engagement in accordance with atte station standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an audit or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the Ci ty of Hemet’s compliance with the City’s investment policy and the California Government Code, as it relates to the City’s Pooled Investment Fund, for the monthly periods listed in the attached procedures. Accordingly, we do not express such an opinion or conclusion. Had we performed add itional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City of Hemet and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the City Council and Management of the City of Hemet, and is not intended to be and should not be used by anyone other than these specified parties.

Murrieta, California
March 22, 2022
1

15.D

AGREED-UPON PROCEDURES

Concerning the structure and risk of the City’s investment portfolio, we selected the three months of April, May and June investment reports from the fiscal year ended June 30, 2021:

1) Determine that all securities within the portfolio are legally authorized and met the credit quality and other purchase restrictions set forth in Government Code Section 53601, 53635, and Investment Policy. Identify any securities held which met t he purchase restriction referenced above, but would not currently meet such requirements.

Results:

Legal Authorization: The April 30, 2021 Investment Report included 5 unallowable investments per the CA Government Code. The May 31, 2021 Investment Report included 5 unallowable investments per the CA Government Code. The June 30, 2021 included 5 unallowable investments per the CA Government Code.

The unallowable investments are listed below:

Credit Quality: The City held one investment in each of the three months that d id not meet the minimum credit quality rating required by the California Go vernment Code and the City’s Investment Policy. However, the investment met these requirements when purchased by the City.

The investment that did not meet the minimum credit quality rating is listed below:

2) Determine that all securities meet the five-year maximum or earlier maturity restriction established by Government Code Sections 53601, 53635, and Inves tment Policy or have been duly authorized as an exception thereto.

Results: No exceptions were noted as a result of our procedures.

3) Determine if the City’s investments are engaged in reverse repurchase agreements and whether or not the portfolio is in compliance with the restrict ions noted in Government Code Section 53601(1) and whether the Treasury is engaged in any form of leverage (i.e., security lending agreements, taxable Tax and Revenue Anticipation Notes) , not otherwise permitted by the City’s Investment Policy and Approved by the City Council.

Investment Amount Invested
Harper Creek Michigan Community School District Bonds 600,000$ Port Morrow Oregon Transmission Facility Revenue Bonds 740,000 New York City Transitional Finance Authority Revenue Bonds 1,000,000 Rio Rancho New Mexico Gross Receipts Tax Revenue Refunding Bonds 495,000 Ashland Oregon Refunding Bonds 1,145,000
Investment Amount Invested
Walt Disney Co. 505,000$
2

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Results: No exceptions were noted as a result of our procedures. As of A pril 30, 2021, May 31, 2021 and June 30, 2021, the City’s investment portfolio was not engaged in any reverse repurchase agreements or any form of leverage as listed above.

4) Determine that the City’s investments are not engaged in any prohibited investments such as those noted in Government Code Section 53601.6 (inverse floater s, range notes, or mortgage-derived, interest-only strips).

Results: No exceptions were noted as a result of our procedures.

5) Determine that investments or reinvestments of note proceeds are limited to and do not exceed the maturity date of the notes, in keeping with Governme nt Code Sections 53821.5, 53852.5, and 53859.02.

Results: No exceptions were noted as a result of our procedures. 3

15.D

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 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, Approving the Addition of The Classification of Firefighter/Paramedic Trainee and Setting the Salary Range for the Position

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Authorize the City Manager to execute a side letter with Hemet Fire Fighters Association (HFFA) to add the classification of Firefighter/Paramedic Trainee to the list of classifications by HFFA; and,

2. Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Addition of the Classification of Firefighter/Paramedic Trainee and Setting the Salary Range for the Position.

BACKGROUND:

In recent years, firefighter recruitment has been difficult as there have been fewer and fewer applicants.

The last two recruitments generated only 23 applications filed for firefighter paramedic. The wash out rate can be high, as the standards are high, and as a result the department is faced with filling open positions with just a few perspective individuals from which to choose new members.

The City strives to appoint the very best individuals to become part of the Hemet Fire Department; however, a very low applicant pool restricts that ability. As a result, the City has been researching and creating new and innovative programs to recruit and appoint new firefighters, while controlling costs.

This new process has been designed and mapped after our Hemet Police trainee program. The Hemet Police Department hires new officers at a "Police Officer Trainee"position and are then sent to a police training academy. After successful com pletion, the trainee then continues City employment and is promoted to Police Officer.

The Firefighter/Paramedic Trainees are initially assigned to a firefighter recruit academy designed to provide all training to function as line position as a Firefigh ter Paramedic, including all aspects of

15.E

firefighting, all certifications required to become Firefighter 1 certified. Training includes firefighting techniques and procedures, emergency medical training, rescue training, and hazardous materials training. The 14-week academy is conducted through the Moreno Valley College on site at the Ben Clark Fire Academy in Riverside.

Upon successful completion and graduation from the fire academy, Firefighter/Paramedic Trainees are eligible for promotion to Firefighter/Paramedic. Trainees who do not successfully complete instruction will be terminated.

ANALYSIS:

Meyers the to Pursuant -Milias-with conferred and met has City staff Act Brown (MMBA), representatives from HFFA. City representatives and HFFA representatives agreed upon the position, pay and benefits.

DISCUSSION:

Staff from the Hemet Fire Department studied different ways to encourage more applicants. It is believed there are many quality candidates available that have the requisite paramedic licensing b ut not the minimum requirement of a Firefighter 1 certification.

Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance as a Firefighter/Paramedic - Trainee. A typical way of obtaining the required qualifications is graduation from hi gh school or possession of a General Equivalency Diploma (GED) certificate. Candidates must also be at least 18 years of age.

Certification/License and/or Other Special Requirements:
• Must possess a current State of California Paramedic License OR Nationally Registered Paramedic (NRP) Certification.
• Must provide a valid Biddle PAT letter OR a Cal-JAC CPAT card prior to appointment. • Must possess and maintain a valid Advanced Cardiac Life Support (ACLS) card. • Must possess and maintain a valid cardiopulmonary resuscitation (CPR) card. • Must possess and maintain a valid class "C" Driver's License.

An appointed trainee would be employed at 75% of a Step A Firefighter ($3,715.50/month) during the 14-week academy period. After successful completion of the academy, that individual would be promoted to the position of Firefighter/Paramedic in a probationary status.

This innovative approach will be a robust incentive to increase our applicant po ol, as it has been with Hemet Police Department and other law enforcement agencies in the region.

At this time, there are four vacancies in the Fire Department creating the need for four trainees.

However, the City plans to have an eligibility list ready should the need arise to send more trainees to the fire academy.

STRATEGIC PLAN INTEGRATION:

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GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 3: Increase Public Safety visibility and response.

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 2: Develop concepts and programs to enhance the quality of life services.

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 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 4: Increase employee retention by training and creating a positive workplace.

FISCAL IMPACT:

There is no fiscal impact. Costs for each trainee while at the academy total $25,678. However, costs will be covered by salary savings from the vacant Firefighter/Paramedic positions. There will be some direct costs associated with Moreno Valley College/Be n Clark Fire Training Center. To reduce costs, the City has been offered grant funds managed at the college that will cover the costs of uniforms while at training.

The following are costs associated with the program:
• Firefighter Trainee full burden cost at 14-week training:
o $21,678 trainee net cost.
• Student Fees including all certifications, instruction, and protective equipment:
o $4,000 per trainee.
• Total cost for one trainee is $25,678.

ALTERNATIVE(S):

Continue with the current process to recruit for fully certified Firefighter/Paramedics.

ATTACHMENT(S):

Attachment 1: Resolution- Addition of Firefighter-Paramedic Trainee Attachment 2: Job Description - Firefighter-Paramedic Trainee Attachment 3: Letter of Agreement -Firefighter-Paramedic Trainee Position

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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 THE ADDITION OF THE

CLASSIFICATION OF

FIREFIGHTER/PARAMEDIC TRAINEE AND

SETTING THE SALARY RANGE FOR THE
POSITION.

WHEREAS, in recent years, firefighter recruitment
has been difficult as there have been fewer and fewer
applicants. The last two recruitments generated only
23 applications filed for firefighter paramedic. The
wash out rate can be high, as the standards are high,
and as a result the department is faced with filling
open positions with just a few perspective individuals
from which to choose new members; and
WHEREAS, the City strives to appoint the very best
individuals to become part of the Hemet Fire
Department; however, a very low applicant pool
restricts that ability; and
WHEREAS, as a result, the City has been
researching and creating new and innovative
programs to recruit and appoint new firefighters, while controlling costs; and
WHEREAS, this new process has been designed and
mapped after our Hemet Police trainee program. The
Hemet Police Department hires new officers at a
"Police Officer Trainee" position and are then sent to
a police training academy. After successful
completion, the trainee then continues City
employment and is promoted to Police Officer; and
WHEREAS, The Firefighter/Paramedic Trainees are
initially assigned to a firefighter recruit academy
designed to provide all training to function as line

15.E

position as a Firefighter Paramedic, including all
aspects of firefighting; and
WHEREAS, the 14-week academy is conducted
through the Moreno Valley College on site at the Ben
Clark Fire Academy in Riverside.; and
WHEREAS, pursuant to the Meyers-Milias-Brown Act
(MMBA), City staff has met and conferred with
representatives from HFFA . City representatives and
HFFA representatives agreed upon the position, pay
and benefits; and
WHEREAS, there is no fiscal impact and costs for the
trainee while at the academy. The cost will be
covered by salary savings from the vacant
Firefighter/Paramedic positions; and

WHEREAS, there will be some direct costs
associated with Moreno Valley College/Ben Clark Fire
Training Center. To reduce costs, the City has been
offered grant funds managed at the college that will
cover costs of uniforms while at training; and
WHEREAS, Council approves the addition of this new
classification to be part of the Hemet Fire Fighter
Association bargaining unit.

NOW, THEREFORE, BE lT RESOLVED, by the City
Council of the City of Hemet, California, the
recommended changes incorporated herein by
reference are hereby approved.

PASSED, APPROVED AND ADOPTED this 24th day
of May, 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:

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_____________________________
John Maier, 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 24 th day of May, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Maier, City Clerk

15.E

CITY OF HEMET
Class Code: Date Adopted: –/–/2022
Date Last Revised: –/–/–

FIREFIGHTER/PARAMEDIC - TRAINEE

Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class.

DEFINITION

Under close supervision, attends a City sponsored Firefighter Training Academy and receives Fire Service training.

DISTINGUISHING CLASS CHARACTERISTICS

This is the entry-level classification and differs from Firefighter/Paramedic in that the Firefighter/Paramedic Trainee is a non-safety position assigned to a Firefighter Training Academy designed to provide an overview of the basic level of training to function in a line position as a Firefighter/Paramedic. Training may include firefighting techniques and procedures; emergency medical training; rescue and hazardous materials training.

Firefighter/Paramedic Trainees are eligible for promotion to Firefighter/Paramedic upon successful completion and graduation from the Firefighter Training Academy. Trainees who do not successfully complete the Firefighter Training Academy will be terminated.

ESSENTIAL FUNCTIONS

Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills, abilities, and other characteristics:

Learn and practice safety, care, usage, and maintenance of firefighting equipment and apparatus.

Learn and practice the suppression of various types of fires.

Learn and practice emergency medical services.

Learn fire prevention.

Learn fire terminology, radio codes, procedures, and policies.

Learn civil and emergency operational procedures

ENVIRONMENTAL AND PHYSICAL WORKING CONDITIONS

Must meet the safety, health, and physical condition standards deemed necessary and proper for performance of the duties established by the Hemet Fire Department.

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QUALIFICATIONS GUIDELINES

Knowledge, Skills, and Abilities:

Ability to learn and apply firefighting principles and techniques; think and act quickly and effectively in emergency situations; understand and apply mechanical and physical principles related to fire suppression; learn and apply fire code provisions and arson/fire investigation techniques; deal courteously and effectively with the general public; establish and maintain cooperative relationships with those contacted in the course of work; and understand and follow verbal and written directions.

Education and Experience:

Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance as a Firefighter/Paramedic - Trainee. A typical way of obtaining the required qualifications is graduation from high school or possession of a General Equivalency Diploma (GED) certificate.

A California State Fire Marshall Firefighter I certification is highly desirable, but not required.

Must be at least 18 years of age.

Certification/License and/or Other Special Requirements:
 Must possess a current State of California Paramedic License OR Nationally Registered Paramedic (NRP) Certification.
 Must provide a valid Biddle PAT letter OR a Cal-JAC CPAT card prior to appointment.  Must possess and maintain a valid Advanced Cardiac Life Support (ACLS) card.  Must possess and maintain a valid cardiopulmonary resuscitation (CPR) card.  Must possess and maintain a valid class "C" Driver License.

Physical Requirements:

Must be able to perform during high stress situations. Must be able to hear in the normal audio range, without correction. Must possess the strength and stamina sufficient to lift and carry equipment and individuals, and be able to wear a self-contained breathing apparatus. Vision must be correctable to 20/20. May be required to pass a color perception test. Must be able to work in a variety of environmental conditions.

15.E

Letter of Agreement
City of Hemet and
Hemet City Fire Fighters, IAFF Local No. 2342

This Side Letter Agreement is entered into betw een the City of Hemet (City) and the Hemet Fire Fighters Association, IAFF Local No. 2342 (HFFA), pursuant to the provisions of the Meyers- Milias-Brown Act (MMBA).

WHEREAS, the City and HFFA are parties to a Memorandum of Understanding (MOU) effective for the period from Ju ly 1, 2015 through June 30, 2021; and

WHEREAS, on June 15, 2020 th e City and HFFA executed a side letter agreement modifying the MOU and extending its term to June 30, 2023; and

WHEREAS, the City and HFFA have met and conferred and reached agreement over the wages, hours and worki ng condition for a new cl assification – Firefigh ter/Paramedic Trainee – to be represented by HFFA

NOW, THEREFORE the parties hereby agree as follows:

1. Classification: There is hereby created a new classification of Firefighter/Paramedic Trainee.

The job description of the Fi refighter/Paramedic Trainee ha s been agreed upon by the City and HFFA and is attached hereto as Attachment A.

2. Compensation: Article V, Section 5, of the MOU is replaced in its entirety as follows:

5. Firefighter/Paramedic Trainee: While a ttending a City-sponsored basic Firefighter training academy employees with no prior sworn firefighting experience shall hold the classification of Firefighter/Paramedic Trainee. That classification is a non-safety, full- time position. Incumbents shall be paid seventy five percent (75%) of the Step A rate for the Firefighter classification. Incumbents shall also be eligible to receive five percent (5%) for possession of a current California Paramedic License or a National Registry Paramedic (NRP) Certification and City monthly contribution towards insurance benefits for the employee and eligible dependents. Employees in this classification shall receive no other compensation or benefits under the MOU. Upon appointment as a Firefighter/Paramedic, the employee shall be placed at Step A, and receive all compensation and benefits under the MOU to which they are entitled, including the fifteen percent (15%) paramedic stipend. The employee’s new anniversary date shall be the date of appointment as a Firefighter/Paramedic. Upon appointment as a Firefighter/Paramedic the employee shall begin a new 12-month probationary period.

3. Except as changed herein by this agreement, al l other existing wages, hours and other terms and conditions of employments shall remain in full force and effect.

CITY OF HEMET HEMET CITY FIREFIGHTERS ASSOC.

_____
Eddie Pust, Acting City Manager Date Dave Prietto, Presid ent Date

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 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 First Amendment to City Park Securing Services Agreement in an Amount Not to Exceed $163,800 and Authorizing the City Manager to Execute the First Amendment and Purchase Orders in Support of the First Amendment

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 First Amendment to City Park Securing Services Agreeme nt in an amount not to exceed $163,800 and authorizing the City Manager to execute the First Amendment and purchase orders in support of the First Amendment.

BACKGROUND:

All City parks close at dusk, with the exception of Simpson Park. Simpson Park's closing time changes throughout the year depending on Fire Season and Day Light Savings Time. Appropriate signage is placed at the entrance and parking lots to inform the public of Simpson Park's closing time at the respective time of the year. Brubaker Park, Mary Henley Park, Gibbel Park, Weston Park, and Simpson Park all have gates and/or facilities that need to be locked and secured at closing time each night to deter vandalism and trespassing.

The Agreement for City Parks Securing Services was approved by City Council on June 12, 2018, whereby Hemet Gate Keepers was to provide City park securing services at Brubaker Park, Mary Henley Park, Gibbel Park, Weston Park, and Simpson Park. The agreement began on July 1, 2018, and was for a three-year term with two one-year options for renewal. The annual cost for park securing services is $32,720 and the agreement's not to exceed amount is $98,280.

The initial term of the agreement expired on June 30, 2021. The first one -year option to renew was exercised and extended the term to June 30, 2022.

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Staff is recommending exercising the second one -year option to renew and execute the First Amendment to extend the term of the agreement to June 30, 2023, and to increase the total not to exceed the amount of the agreement to $163,800 - an unchanged annual cost of $32,720.

ANALYSIS:

In an effort to ensure that the City is receiving the best value for park securing services, Parks Division staff worked with the Procurement Manager to develop a Request for Proposal (RFP) for park securing services. On March 2, 2022, the RFP was posted in PlanetBids with a due date of March 28, 2022. As a result, the Procurement Manager received four proposals.

After reviewing the proposals, staff determined that the current park securing an agreement with Hemet Gate Keepers provides the best value for the City.

Hemet Gate Keepers has provided excellent service during this agreement term and has demonstrated the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the terms of the agreement.

PREVIOUS COUNCIL ACTION:

City Council approved the Agreement for City Park Securing Services on June 12, 2018.

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 3: Increase Public Safety visibility and response.

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.

FISCAL IMPACT:

No additional General Fund impact is anticipated. Funds for this service have been requested through the FY 22/23 Parks Division Operating Budget.

ALTERNATIVE(S):

City Council can review the four proposals that were submitted in response to the City Par k Securing RFP and determine which service provider's proposal achieves the best value for the City.

ATTACHMENT(S):

Attachment 1: Resolution.docx
Attachment 2: First Amendment to City Park Securing Service Attachment 3: Agreement for City Park Securing Services

15.F

15.F

CITY COUNCIL RESOLUTION BILL NO. 2022-____
1 2
3 CITY OF HEMET 4
HEMET, CALIFORNIA 5
RESOLUTION NO. 2022-____ 6
7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8
HEMET, CALIFORNIA APPROVING THE FIRST AMENDMENT TO 9
CITY PARK SECURING SERVICES AGREEMENT IN AN 10
AMOUNT NOT TO EXCEED $163,800 AND AUTHOR IZING THE 11
CITY MANAGER TO EXECUTE THE FIRST AMENDMENT AND 12
PURCHASE ORDERS IN SUPPORT OF THE FIRST 13
AMENDMENT. 14
15 The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) 16 does resolve as follows: 17
WHEREAS, Brubaker Park, Mary Henley Park, Gibbel Park, Weston Park and 18 Simpson Park all have gates and or facilities that need to be locked and secured at closing 19 time, each night to deter vandalism and trespassing. 20 WHEREAS, on June 12, 2018, City Council approved the Agreement for City Parks 21 Securing Services with Hemet Gat e Keepers to provide City Park Securing Services at 22 Brubaker Park, Mary Henley Park, Gibbel Park, Weston Park and Simpson Park. 23 WHEREAS, the Agreement began on July 1, 2018 and is for a three-year term with 24 two one-year options for renewal. 25
WHEREAS, the term of the Agreement expired on June 30, 2021 and the first one-26 year option was exercised to extend the term to June 30, 2022. 27 WHEREAS, staff is recommending to exercise the second one-year option to renew 28 and to extend the agreement to June 30, 2023 and to increase the total not to exceed 29 amount of the agreement to $168,300. 30
31

15.F

CITY COUNCIL RESOLUTION BILL NO. 2022-____
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY 1 FIND AND RESOLVE AS FOLLOWED: 2
SECTION 1. Incorporation of Recitals, The City of Hemet finds and determines 3 that the above referenced recitals are true and correct and the material to this Resolution. 4 SECTION 2. City Council Actions. 5
a) The City Manager, or his designee, is authorized and directed to utilize 6 budgeted funds for this First Amendment to City Park Securing Services. 7 b) The City Manager, or his designee, is authorized and directed to execute any 8 purchase orders, agreements, and or other documents necessary to effectuate 9 the payment for park securing services performed by Hemet Gate Keepers, so 10 long as such purchase orders, agreements, or other documents are in a form 11 approved by the City Attorney and do not exceed the annual cost of $32,760. 12 13 14
Malcolm Lilienthal, Mayor 15
ATTEST: 16
17 18
John Paul Maier, City Clerk 19

15.F

FIRST AMENDMENT TO

CITY PARK SECURING SERVICES
by and between
the

CITY OF HEMET
and
STEVE ORMAN, a sole proprietor doing business as
"HEMET GATE KEEPERS"
Dated May 24, 2022

15.F

15.F

15.F

15.F

RK RI
KE

AGREEMENTFORSERVICES

CITYPASECUNGSERVICES
ByandBetween
TECITYOFEMET,amunicipalcorporation
and
EMETGATEEPERSaSoleProprietor

15.F

ScnpcofSen/ices

AGREEMENTFORSERVICESBETWEENTHECITYOFHEMET,CALIFORNIAANDHEMETGATEKEEPERS ThisAgreementforServices(“Agreement”)isenteredintoasofthis1dayofJuly,2018byandbetweentheCityofHemet,amunicipalcorporation(“City”)andHemetgateKeepers,aSoleProprietor(“ServiceProvider”).CityandServiceProvideraresometimeshereinafterindividuallyreferredtoas“Party”andhereinaftercollectivelyreferredtoasthe“Parties.”RECITALSA.Cityhassought,byrequestforproposalstheperformanceoftheservicesde?nedanddescribedparticularlyinSection2ofthisAgreement.B.ServiceProvider,followingsubmissionofaproposalfortheperformanceoftheservicesde?nedanddescribedparticularlyinSection2ofthisAgreement,wasselectedbytheCitytoperformthoseservices.C.PursuanttotheCityofHemet’sMunicipalCode,CityhasauthoritytoenterintothisServicesAgreementandtheCityManagerhasauthoritytoexecutethisAgreement.D.ThePartiesdesiretoformalizetheselectionofServiceProviderforperformanceofthoseservicesde?nedanddescribedparticularlyinSection2ofthisAgreementanddesirethatthetermsofthatperformancebeasparticularlyde?nedanddescribedherein.OPERATIVEPROVISIONSNOW,THEREFORE,inconsiderationofthemutualpromisesandcovenantsmadebythePartiesandcontainedhereandotherconsideration,thevalueandadequacyofwhichareherebyacknowledged,thePartiesagreeasfollows:SECTION1. TERMOFAGREEMENT.(a)SubjecttotheprovisionsofSection20“TerminationofAgreement"ofthisAgreement,thisagreementwillcommenceonJuly1,2018andterminateonJune30,2021,withtwo(2)oneyearoptionsforrenewal.SECTION2. SCOPEOFSERVICES&SCHEDULEOFPERFORMANCE.(a) .ServiceProvideragreestoperformtheservicessetforthinExhibit“A”“ScopeofServices”(hereinafter,the“Services”)andmadeapartofthisAgreementbythisreference.

15.F

ScheduleofPerformance(b) .TheServicesshallbecompletedpursuanttotheschedulespeci?edinExhibit“A.”ShouldtheServicesnotbecompletedpursuanttothatschedule,theServiceProvidershallbedeemedtobeinDefaultofthisAgreement.TheCity,initssolediscretion,maychoosenottoenforcetheDefaultprovisionsofthisAgreementandmayinsteadallowServiceProvidertocontinueperformingtheServices.SECTION3. ADDITIONALSERVICES.ServiceProvidershallnotbecompensatedforanyworkrenderedinconnectionwithitsperformanceofthisAgreementthatareinadditiontooroutsideoftheServicesunlesssuchadditionalservicesareauthorizedinadvanceandinwritinginaccordancewithSection26“AdministrationandImplementation”orSection28“Amendment”ofthisAgreement.Ifandwhensuchadditionalworkisauthorized,suchadditionalworkshallbedeemedtobepartoftheServices.SECTION4. COMPENSATIONANDMETHODOFPAYMENT.(a)SubjecttoanylimitationssetforthinthisAgreement,CityagreestopayServiceProvidertheamountsspeci?edinExhibit“B”“Compensation”andmadeapartofthisAgreementbythisreference.Thetotalcompensation,includingreimbursementforactualexpenses,shallnotexceedThirtyTwoThousandSevenHundredSixtydollars($32,760)annually,foratotalnottoexceedamountofNinetyEightThousandTwoHundredEightydollars($98,280),unlessadditionalcompensationisapprovedinwritinginaccordancewithSection26“AdministrationandImplementation”orSection28“Amendment”ofthisAgreement.(b)Eachmonth,ServiceProvidershallfurnishtoCityanoriginalinvoiceforallworkperformedandexpensesincurredduringtheprecedingmonth.Theinvoiceshalldetailchargesbythefollowingcategories:labor(bysub-category),travel,materials,equipment,supplies,andsubcontractorcontracts.Subcontractorchargesshallbedetailedbythefollowingcategories:labor,travel,materials,equipmentandsupplies.Ifthecompensationsetforthinsubsection(a)andExhibit“B”includepaymentoflaboronanhourlybasis(asopposedtolaborandmaterialsbeingpaidasalumpsum),thelaborcategoryineachinvoiceshallincludedetaileddescriptionsoftaskperformedandtheamountoftimeincurredfororallocatedtothattask.CityshallindependentlyrevieweachinvoicesubmittedbytheServiceProvidertodeterminewhethertheworkperformedandexpensesincurredareincompliancewiththeprovisionsofthisAgreement.Intheeventthatnochargesorexpensesaredisputed,theinvoiceshallbeapprovedandpaidaccordingtothetermssetforthinsubsection(c).IntheeventanychargesorexpensesaredisputedbyCity,theoriginalinvoiceshallbereturnedbyCitytoServiceProviderforcorrectionandresubmission.(c)ExceptastoanychargesforworkperformedorexpensesincurredbyServiceProviderwhicharedisputedbyCity,CitywilluseitsbesteffortstocauseServiceProvidertobepaidwithinforty-?ve(45)daysofreceiptofServiceProvider’scorrectandundisputedinvoice.

15.F

((1)PaymenttoServiceProviderforworkperformedpursuanttothisAgreementshallnotbedeemedtowaiveanydefectsinworkperformedbyServiceProvider.SECTION5 INSPECTIONANDFINALACCEPTANCE.CitymayinspectandacceptorrejectanyofServiceProvider’sworkunderthisAgreement,eitherduringperformanceorwhencompleted.Cityshallrejector?nallyacceptServiceProvider’sworkwithinsixty(60)daysaftersubmittedtoCity.Cityshallrejectworkbyatimelywrittenexplanation,otherwiseServiceProvider’sworkshallbedeemedtohavebeenaccepted.City’sacceptanceshallbeconclusiveastosuchworkexceptwithrespecttolatentdefects,fraudandsuchgrossmistakesasamounttofraud.AcceptanceofanyofServiceProvider’sworkbyCityshallnotconstituteawaiverofanyoftheprovisionsofthisAgreementincluding,butnotlimitedto,Section16“Indemni?cation”andSection17“Insurance.”SECTION6. OWNERSHIPOFDOCUMENTS.Alloriginalmaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computer?les,?lesandotherdocumentsprepared,developedordiscoveredbyServiceProviderinthecourseofprovidingtheServicespursuanttothisAgreementshallbecomethesolepropertyofCityandmaybeused,reusedorotherwisedisposedofbyCitywithoutthepermissionoftheServiceProvider.Uponcompletion,expirationorterminationofthisAgreement,ServiceProvidershallturnovertoCityallsuchoriginalmaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computer?les,?lesandotherdocuments.IfandtotheextentthatCityutilizesforanypurposenotrelatedtothisAgreementanymaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computer?les,?lesorotherdocumentsprepared,developedordiscoveredbyServiceProviderinthecourseofprovidingtheServicespursuanttothisAgreement,ServiceProvider’sguaranteesandwarrantiesinSection9“StandardofPerformance”ofthisAgreementshallnotextendtosuchuseofthemaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computer?les,?lesorotherdocuments.SECTION7 SERVICEPROVIDER'SBOOKSANDRECORDS.(a)ServiceProvidershallmaintainanyandalldocumentsandrecordsdemonstratingorrelatingtoServiceProvider’sperformanceoftheServices.ServiceProvidershallmaintainanyandallledgers,booksofaccount,invoices,vouchers,canceledchecks,orotherdocumentsorrecordsevidencingorrelatingtowork,services,expendituresanddisbursementschargedtoCitypursuanttothisAgreement.Anyandallsuchdocumentsorrecordsshallbemaintainedinaccordancewithgenerallyacceptedaccountingprinciplesandshallbesuf?cientlycompleteanddetailedsoastopermitanaccurateevaluationoftheservicesprovidedbyServiceProviderpursuanttothisAgreement.Anyandallsuchdocumentsorrecordsshallbemaintainedforthree(3)yearsfromthedateofexecutionofthisAgreementandtotheextentrequiredbylawsrelatingtoauditsofpublicagenciesandtheirexpenditures.

15.F

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(b)Anyandallrecordsordocumentsrequiredtobemaintainedpursuanttothissectionshallbemadeavailableforinspection,auditandcopying,atanytimeduringregularbusinesshours,uponrequestbyCityoritsdesignatedrepresentative.CopiesofsuchdocumentsorrecordsshallbeprovideddirectlytotheCityforinspection,auditandcopyingwhenitispracticaltodoso;otherwise,unlessanalternativeismutuallyagreedupon,suchdocumentsandrecordsshallbemadeavailableatServiceProvider’saddressindicatedforreceiptofnoticesinthisAgreement.(c)WhereCityhasreasontobelievethatanyofthedocumentsorrecordsrequiredtobemaintainedpursuanttothissectionmaybelostordiscardedduetodissolutionorterminationofServiceProvider’sbusiness,Citymay,bywrittenrequest,requirethatcustodyofsuchdocumentsorrecordsbegiventotheCity.AccesstosuchdocumentsandrecordsshallbegrantedtoCity,aswellastoitssuccessors—in-interestandauthorizedrepresentatives.SECTION8. INDEPENDENTCONTRACTOR.(a)ServiceProviderisandshallatalltimesremainawhollyindependentcontractorandnotanofficer,employeeoragentofCity.ServiceProvidershallhavenoauthoritytobindCityinanymanner,nortoincuranyobligation,debtorliabilityofanykindonbehalfoforagainstCity,whetherbycontractorotherwise,unlesssuchauthorityisexpresslyconferredunderthisAgreementorisotherwiseexpresslyconferredinwritingbyCity.(b)ThepersonnelperformingtheServicesunderthisAgreementonbehalfofServiceProvidershallatalltimesbeunderServiceProvider’sexclusivedirectionandcontrol.NeitherCity,noranyelectedorappointedboards,of?cers,officials,employeesoragentsofCity,shallhavecontrolovertheconductofServiceProvideroranyofServiceProvider’sof?cers,employees,oragentsexceptassetforthinthisAgreement.ServiceProvidershallnotatanytimeorinanymannerrepresentthatServiceProvideroranyofServiceProvider’sof?cers,employees,oragentsareinanymannerofficials,of?cers,employeesoragentsofCity.(0)NeitherServiceProvider,noranyofServiceProvider’sof?cers,employeesoragents,shallobtainanyrightstoretirement,healthcareoranyotherbene?tswhichmayotherwiseaccruetoCity’semployees.ServiceProviderexpresslywaivesanyclaimServiceProvidermayhavetoanysuchrights.SECTION9. STANDARDOFPERFORMANCE.ServiceProviderrepresentsandwarrantsthatithasthequali?cations,experienceandfacilitiesnecessarytoproperlyperformtheServicesrequiredunderthisAgreementinathorough,competentandprofessionalmanner.ServiceProvidershallatalltimesfaithfully,competentlyandtothebestofitsability,experienceandtalent,performallServices.InmeetingitsobligationsunderthisAgreement,ServiceProvidershallemploy,ataminimum,generallyacceptedstandardsandpracticesutilizedbypersonsengagedinprovidingservicessimilartotheServicesrequiredofServiceProviderunderthisAgreement.Inadditiontothegeneralstandardsofperformancesetforththissection,additionalspeci?cstandardsofperformanceand

15.F

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performancecriteriamaybesetforthinExhibit“A”“ScopeofWork”thatshallalsobeapplicabletoServiceProvider’sworkunderthisAgreement.Wherethereisacon?ictbetweenageneralandaspecificstandardofperformanceorperformancecriteria,thespecificstandardorcriteriashallprevailoverthegeneral.SECTION10.COMPLIANCEWITHAPPLICABLELAWS;PERMITSANDLICENSES.ServiceProvidershallkeepitselfinformedofandcomplywithallapplicablefederal,stateandlocallaws,statutes,codes,ordinances,regulationsandrulesineffectduringthetermofthisAgreement.ServiceProvidershallobtainanyandalllicenses,permitsandauthorizationsnecessarytoperformtheSen/icessetforthinthisAgreement.NeitherCity,noranyelectedorappointedboards,of?cers,officials,employeesoragentsofCity,shallbeliable,atlaworinequity,asaresultofanyfailureofServiceProvidertocomplywiththissection.SECTION11.PREV AILINGW AGELAWSItistheunderstandingofCityandServiceProviderthatCaliforniaprevailingwagelawsdonotapplytothisAgreementbecausetheAgreementdoesnotinvolveanyofthefollowingservicessubjecttoprevailingwageratespursuanttotheCaliforniaLaborCodeorregulationspromulgatedthereunder:Construction,alteration,demolition,installation,orrepairworkperformedonpublicbuildings,facilities,streetsorsewersdoneundercontractandpaidforinwholeorinpartoutofpublicfunds.Inthiscontext,“construction"includesworkperformedduringthedesignandpreconstructionphasesofconstructionincluding,butnotlimitedto,inspectionandlandsurveyingwork.SECTION12.NONDISCRIMINATION.ServiceProvidershallnotdiscriminate,inanyway,againstanypersononthebasisofrace,color,religiouscreed,nationalorigin,ancestry,sex,age,physicalhandicap,medicalconditionormaritalstatusinconnectionwithorrelatedtotheperfonnanceofthisAgreement.SECTION13.UNAUTHORIZEDALIENS.ServiceProviderherebypromisesandagreestocomplywithalloftheprovisionsoftheFederalImmigrationandNationalityAct,8U.S.C.A.§§1101,e_t$1.,asamended,andinconnectiontherewith,shallnotemployunauthorizedaliensasde?nedtherein.ShouldServiceProvidersoemploysuchunauthorizedaliensfortheperformanceoftheServices,andshouldtheanyliabilityorsanctionsbeimposedagainstCityforsuchuseofunauthorizedaliens,ServiceProviderherebyagreestoandshallreimburseCityforthecostofallsuchliabilitiesorsanctionsimposed,togetherwithanyandallcosts,includingattorneys‘fees,incurredbyCity.SECTION14.CONFLICTSOFINTEREST.(a)ServiceProvidercovenantsthatneitherit,noranyof?cerorprincipalofitsfirm,hasorshallacquireanyinterest,directlyorindirectly,whichwouldcon?ictinanymannerwith5

15.F

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-"===-“E-*~"-=5-‘“~3-'¢.==;'-332$H:-"..'.-_-.':I:-T-..I_-'-I1|-1:-'.'5-I|.—.|-hl-I-II-I-'rr-'—'-I-1' Iu'-—-uIn_- -I'I Ij??f theinterestsofCityorwhichwouldinanywayhinderServiceProvider’sperformanceoftheServices.ServiceProviderfurthercovenantsthatintheperformanceofthisAgreement,nopersonhavinganysuchinterestshallbeemployedbyitasanof?cer,employee,agentorsubcontractorwithouttheexpresswrittenconsentoftheCityManager.ServiceProvideragreestoatalltimesavoidcon?ictsofinterestortheappearanceofanycon?ictsofinterestwiththeinterestsofCityintheperformanceofthisAgreement.(b)CityunderstandsandacknowledgesthatServiceProvideris,asofthedateofexecutionofthisAgreement,independentlyinvolvedintheperformanceofnon-relatedservicesforothergovernmentalagenciesandprivateparties.ServiceProviderisunawareofanystatedpositionofCityrelativetosuchprojects.AnyfuturepositionofCityonsuchprojectsshallnotbeconsideredacon?ictofinterestforpurposesofthissection.(c)CityunderstandsandacknowledgesthatServiceProviderwillperformnon-relatedservicesforothergovernmentalagenciesandprivatePartiesfollowingthecompletionoftheServicesunderthisAgreement.Anysuchfutureserviceshallnotbeconsideredacon?ictofinterestforpurposesofthissection.SECTION15.CONFIDENTIALINFORMATION;RELEASEOFINFORMATION.(a)AllinformationgainedorworkproductproducedbyServiceProviderinperformanceofthisAgreementshallbeconsideredcon?dential,unlesssuchinformationisinthepublicdomainoralreadyknowntoServiceProvider.ServiceProvidershallnotreleaseordiscloseanysuchinformationorworkproducttopersonsorentitiesotherthanCitywithoutpriorwrittenauthorizationfromtheCityManager,exceptasmayberequiredbylaw.(b)ServiceProvider,itsofficers,employees,agentsorsubcontractors,shallnot,withoutpriorwrittenauthorizationfromtheCityManagerorunlessrequestedbytheCityAttorneyofCity,voluntarilyprovidedeclarations,lettersofsupport,testimonyatdepositions,responsetointerrogatoriesorotherinformationconcerningtheworkperformedunderthisAgreement.Responsetoasubpoenaorcourtordershallnotbeconsidered"voluntary"providedServiceProvidergivesCitynoticeofsuchcourtorderorsubpoena.(c)IfServiceProvider,oranyof?cer,employee,agentorsubcontractorofServiceProvider,providesanyinformationorworkproductinviolationofthisAgreement,thenCityshallhavetherighttoreimbursementandindemnityfromServiceProviderforanydamages,costsandfees,includingattomey’sfees,causedbyorincurredasaresultofServiceProvider’sconduct.(d)ServiceProvidershallpromptlynotifyCityshouldServiceProvider,itsofficers,employees,agentsorsubcontractors,beservedwithanysummons,complaint,subpoena,noticeofdeposition,requestfordocuments,interrogatories,requestforadmissionsorotherdiscoveryrequest,courtorderorsubpoenafromanypartyregardingthisAgreementandtheworkperformedthereunder.Cityretainstheright,buthasnoobligation,torepresentServiceProviderorbepresentatanydeposition,hearingorsimilarproceeding.ServiceProvideragreesto

15.F

Indemni?cationfromSubcontractors.
cooperatefullywithCityandtoprovideCitywiththeopportunitytoreviewanyresponsetodiscoveryrequestsprovidedbyServiceProvider.However,thisrighttoreviewanysuchresponsedoesnotimplyormeantherightbyCitytocontrol,direct,orrewritesaidresponse.SECTION16.INDEMNIFICATION.(a)Indemni?cationforProfessionalLiabilitv.WherethelawestablishesaprofessionalstandardofcareforServiceProvider’sservices,tothefullestextentpermittedbylaw,ServiceProvidershallindemnify,protect,defendandholdharmlessCityandanyandallofitsof?cials,employeesandagents(“Indemni?edParties”)fromandagainstanyandallliability(includingliabilityforclaims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,losses,expensesorcostsofanykind,whetheractual,allegedorthreatened,includingattomey’sfeesandcosts,courtcosts,interest,defensecosts,andexpertwitnessfees)ariseoutof,areaconsequenceof,orareinanywayattributableto,inwholeorinpart,anynegligentorwrong?ilact,errororomissionofServiceProvider,orbyanyindividualorentityforwhichServiceProviderislegallyliable,includingbutnotlimitedtoofficers,agents,employeesorsub-contractorsofServiceProvider,intheperformanceofprofessionalservicesunderthisAgreement.(b)Indemni?cationforOtherthanProfessionalLiab?gOtherthanintheperformanceofprofessionalservicesandtothefullextentpermittedbylaw,ServiceProvidershallindemnify,protect,defendandholdharmlessCity,andanyandallofitsemployees,of?cialsandagentsfromandagainstanyliability(includingliabilityforclaims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,losses,expensesorcostsofanykind,whetheractual,allegedorthreatened,includingattomey’sfeesandcosts,courtcosts,interest,defensecosts,andexpertwitnessfees),wherethesameariseoutof,areaconsequenceof,orareinanywayattributableto,inwholeorinpart,theperformanceofthisAgreementbyServiceProvider,orbyanyindividualorentityforwhichServiceProviderislegallyliable,includingbutnotlimitedtoofficers,agents,employeesorsub-contractorsofServiceProvider.(C) ServiceProvideragreestoobtainexecutedindemnityagreementswithprovisionsidenticaltothosesetforthinthissectionfromeachandeverysubcontractororanyotherpersonorentityinvolvedby,for,withoronbehalfofServiceProviderintheperformanceofthisAgreementnamingtheIndemni?edPartiesasadditionalindemnitees.IntheeventServiceProviderfailstoobtainsuchindemnityobligationsfromothersasrequiredherein,ServiceProvideragreestobefullyresponsibleaccordingtothetermsofthissection.FailureofCitytomonitorcompliancewiththeserequirementsimposesnoadditionalobligationsonCityandwillinnowayactasawaiverofanyrightshereunder.ThisobligationtoindemnifyanddefendCityassetforthhereinisbindingonthesuccessors,assignsorheirsofServiceProviderandshallsurvivetheterminationofthisAgreementorthissection.(d)LimitationofIndemni?cationNotwithstandinganyprovisionofthissectiontothecontrary,designprofessionalsarerequiredtodefendandindemnifytheCityonlytotheextentpemiittedbyCivilCodeSection2782.8,whichlimitstheliabilityofadesignprofessional

15.F

toclaims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,losses,expensesorcoststhatariseoutof,pertainto,orrelatetothenegligence,recklessness,orwillfulmisconductofthedesignprofessional.Theterm“designprofessional,”asde?nedinSection2782.8,islimitedtolicensedarchitects,licensedlandscapearchitects,registeredprofessionalengineers,professionallandsurveyors,andthebusinessentitiesthatoffersuchservicesinaccordancewiththeapplicableprovisionsoftheCaliforniaBusinessandProfessionsCode.(e)Citv’sNegligence.TheprovisionsofthissectiondonotapplytoclaimsoccurringasaresultofCity’ssolenegligence.TheprovisionsofthissectionshallnotreleaseCityfromliabilityarisingfromgrossnegligenceorwillfulactsoromissionsofCityoranyandallofitsofficials,employeesandagents.SECTION17.INSURANCE.ServiceProvideragreestoobtaina11dmaintaininfullforceandeffectduringthetermofthisAgreementtheinsurancepoliciessetforthinExhibit“C”“Insurance”andmadeapartofthisAgreement.AllinsurancepoliciesshallbesubjecttoapprovalbyCityastoformandcontent.TheserequirementsaresubjecttoamendmentorwaiverifsoapprovedinwritingbytheCityManager.ServiceProvideragreestoprovideCitywithcopiesofrequiredpoliciesuponrequest.SECTION18.ASSIGNMENT.TheexpertiseandexperienceofServiceProviderarematerialconsiderationsforthisAgreement.Cityhasaninterestinthequali?cationsandcapabilityofthepersonsandentitieswhowillfulfillthedutiesandobligationsimposeduponServiceProviderunderthisAgreement.Inrecognitionofthatinterest,ServiceProvidershallnotassignortransferthisAgreementoranyportionofthisAgreementortheperformanceofanyofServiceProvider’sdutiesorobligationsunderthisAgreementwithoutthepriorwrittenconsentoftheCity.Anyattemptedassignmentshallbeineffective,nullandvoid,andshallconstituteamaterialbreachofthisAgreemententitlingCitytoanyandallremediesatlaworinequity,includingterminationofthisAgreementpursuanttoSection20“TerminationofAgreement.”Cityacknowledges,however,thatServiceProvider,intheperformanceofitsdutiespursuanttothisAgreement,mayutilizesub-contractors.SECTION19.CONTINUITYOFPERSONNEL.ServiceProvidershallmakeeveryreasonableefforttomaintainthestabilityandcontinuityofServiceProvider’sstaffandsub-contractors,ifany,assignedtoperformtheServices.ServiceProvidershallnotifyCityofanychangesinServiceProvider’sstaffandsub-contractors,ifany,assignedtoperformtheServicespriortoandduringanysuchperformance.

15.F

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I-.—-—-I.I —I. I. rnurj. .-I-xiF-IIuI'I.f--I‘-I-'I'l----I-I-".?-—I-I-I.-I.-I---.-—-IE-U-II.-JIi rn-I'-'I'I'lJ |-I-—rI- —j'lT*f-fLh= SECTION20.TERMINATIONOFAGREEMENT.(a)CitymayterminatethisAgreement,withorwithoutcause,atanytimebygivingthirty(30)dayswrittennoticeofterminationtoServiceProvider.Intheeventsuchnoticeisgiven,ServiceProvidershallceaseimmediatelyallworkinprogress.(b)ServiceProvidermayterminatethisAgreementforcauseatanytimeuponthirty(30)dayswrittennoticeofterminationtoCity.(c)TheCitymayterminatetheContractupon10calendardaysofwrittennoticetotheVendorintheeventofanydefaultbytheVendor.ItshallbeconsideredadefaultbytheVendorwheneverheshall:(1)declarebankruptcy,becomeinsolvent,orassignhisassetsforthebene?tofhiscreditors,(2)disregardorviolatematerialprovisionsofthisAgreement,or(3)failtoprovideaquali?edsupervisor,orcompetentworkmen.(d)UponterminationofthisAgreementbyeitherServiceProviderorCity,allpropertybelongingexclusivelytoCitywhichisinServiceProvider’spossessionshallbereturnedtoCity.ServiceProvidershallfumishtoCitya?nalinvoiceforworkperformedandexpensesincurredbyServiceProvider,preparedassetforthinSection4“CompensationandMethodofPayment”ofthisAgreement.This?nalinvoiceshallbereviewedandpaidinthesamemannerassetforthinSection4“CompensationandMethodofPayment”ofthisAgreement.SECTION21.DEFAULT.IntheeventthatServiceProviderisindefaultunderthetermsofthisAgreement,theCityshallnothaveanyobligationordutytocontinuecompensatingServiceProviderforanyworkperformedafterthedateofdefault.Instead,theCitymaygivenoticetoServiceProviderofthedefaultandthereasonsforthedefault.ThenoticeshallincludethetimeframeinwhichServiceProvidermaycurethedefault.Thistimeframeispresumptivelythirty(30)days,butmaybeextended,thoughnotreduced,ifcircumstanceswarrant.DuringtheperiodoftimethatServiceProviderisindefault,theCityshallholdallinvoicesandshall,whenthedefaultiscured,proceedwithpaymentontheinvoices.Inthealternative,theCitymay,initssolediscretion,electtopaysomeoralloftheoutstandinginvoicesduringtheperiodofdefault.IfServiceProviderdoesnotcurethedefault,theCitymaytakenecessarystepstoterminatethisAgreementunderSection20“TerminationofAgreement.”AnyfailureonthepartoftheCitytogivenoticeoftheServiceProvider’sdefaultshallnotbedeemedtoresultinawaiveroftheCity’slegalrightsoranyrightsarisingoutofanyprovisionofthisAgreement.SECTION22.EXCUSABLEDELAYS.ServiceProvidershallnotbeliablefordamages,includingliquidateddamages,ifany,causedbydelayinperformanceorfailuretoperformduetocausesbeyondthecontrolofServiceProvider.Suchcausesinclude,butarenotlimitedto,actsofGod,actsofthepublicenemy,actsoffederal,stateorlocalgovernments,actsofCity,courtorders,?res,?oods,epidemics,strikes,

15.F

HIE‘:-é.l.bE 3% hj.I|.|,.|j.IJgl,_-.-'j|:h
1|.--. -.-I-|.—rI-|.|.$-.l
I'I"'lI"- ---~' '-
T ‘?_‘—
? —- I In
$?.“‘=-:'=:—.,-«===.-.:-—""’:‘.
embargoes,andunusuallysevereweather.ThetermandpriceofthisAgreementshallbeequitablyadjustedforanydelaysduetosuchcauses.SECTION23.COOPERATIONBYCITY .Allpublicinformation,data,reports,records,andmapsasareexistingandavailabletoCityaspublicrecords,andwhicharenecessaryforcarryingouttheServicesshallbefurnishedtoServiceProviderineveryreasonablewaytofacilitate,withoutunduedelay,theServicestobeperformedunderthisAgreement.SECTION24.NOTICES.AllnoticesrequiredorpermittedtobegivenunderthisAgreementshallbeinwritingandshallbepersonallydelivered,orsentbytelecopierorcerti?edmail,postageprepaidandreturnreceiptrequested,addressedasfollows:

ToCity:CityofHemetAttn:CityManager445E.FloridaAvenueHemet,CA92543ToServiceProvider:HemetGateKeepersAttn:SteveNorman2227E.FloridaAveHemet,CA92544 Noticeshallbedeemedeffectiveonthedatepersonallydeliveredortransmittedbyfacsimileor,ifmailed,three(3)daysafterdepositofthesameinthecustodyoftheUnitedStatesPostalService.SECTION25.AUTHORITYTOEXECUTE.ThepersonorpersonsexecutingthisAgreementonbehalfofServiceProviderrepresentsandwarrantsthathe/she/theyhas/havetheauthoritytosoexecutethisAgreementandtobindServiceProvidertotheperformanceofitsobligationshereunder.SECTION26.ADMINISTRATIONANDIMPLEMENTATION.ThisAgreementshallbeadministeredandexecutedbytheCityManagerorhisorherdesignatedrepresentative.TheCityManagershallhavetheauthoritytoissueinterpretationsandtomakeamendmentstothisAgreement,includingamendmentsthatcommitadditionalfunds,consistentwithSection28“Amendment”andtheCityManager’scontractingauthorityundertheHemetMunicipalCode.

15.F

SECTION27.BINDINGEFFECTThisAgreementshallbebindingupontheheirs,executors,administrators,successorsandassignsoftheParties.SECTION28.AMENDMENT.Noamendmenttoormodi?cationofthisAgreementshallbevalidunlessmadeinwritingandapprovedbytheServiceProviderandbytheCity.TheCityManagershallhavetheauthoritytoapproveuptotwo(2)oneyearcontractrenewalsperCityCouncilApprovalonJune12,2018.AllotheramendmentsshallbeapprovedbytheCityCouncil.ThePartiesagreethattherequirementforwrittenmodi?cationscannotbewaivedandthatanyattemptedwaivershallbevoid.SECTION29.W AIVER.WaiverbyanyPartytothisAgreementofanyterm,condition,orcovenantofthisAgreementshallnotconstituteawaiverofanyotherterm,condition,orcovenant.WaiverbyanyPartyofanybreachoftheprovisionsofthisAgreementshallnotconstituteawaiverofanyotherprovisionnorawaiverofanysubsequentbreachorviolationofanyprovisionofthisAgreement.AcceptancebyCityofanyworkorservicesbyServiceProvidershallnotconstituteawaiverofanyoftheprovisionsofthisAgreement.SECTION30.LAWTOGOVERN;VENUE.ThisAgreementshallbeinterpreted,construedandgovernedaccordingtothelawsoftheStateofCalifornia.IntheeventoflitigationbetweentheParties,venueinstatetrialcourtsshalllieexclusivelyintheCountyofRiverside,California.IntheeventoflitigationinaU.S.DistrictCourt,venueshalllieexclusivelyintheCentralDistrictofCalifornia,inRiverside.SECTION31.ATTORNEYSFEES,COSTSANDEXPENSES.IntheeventlitigationorotherproceedingisrequiredtoenforceorinterpretanyprovisionofthisAgreement,theprevailingPartyinsuchlitigationorotherproceedingshallbeentitledtoanawardofreasonableattorney'sfees,costsandexpenses,inadditiontoanyotherrelieftowhichitmaybeentitled.SECTION32.ENTIREAGREEMENT.ThisAgreement,includingtheattachedExhibits"A“through"C",istheentire,complete,?nalandexclusiveexpressionofthePartieswithrespecttothemattersaddressedthereinandsupersedesallotheragreementsorunderstandings,whetheroralorwritten,orenteredinto

15.F

\ 'Q\E\\bCm
betweenServiceProviderandCitypriortotheexecutionofthisAgreement.Nostatements,representationsorotheragreements,whetheroralorwritten,madebyanyPartywhicharenotembodiedhereinshallbevalidandbinding.SECTION33.SEVERABILITY .Ifanyterm,conditionorcovenantofthisAgreementisdeclaredordeterminedbyanycourtofcompetentjurisdictiontobeinvalid,voidorunenforceable,theremainingprovisionsofthisAgreementshallnotbeaffectedtherebyandtheAgreementshallbereadandconstruedwithouttheinvalid,voidorunenforceableprovision(s).SECTION34.CONFLICTINGTERMS.Exceptasotherwisestatedherein,ifthetermsofthisAgreementcon?ictwiththetermsofanyExhibithereto,orwiththetermsofanydocumentincorporatedbyreferenceintothisAgreement,thetermsofthisAgreementshallcontrol.

INWITNESSWHEREOF,thePartiesheretohaveexecutedthisAgreementonthedateandyearfirst-abovewritten. CITYOFT AllenJ.ParkerCityManagerTTEST:

SarahMcComasCityClerk

APPROVEDASTOFORM
anCityAttorney

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T_j__j__T
ye’ 9L1€\l’l/
SERVICEFROVIDER’SSIGNATURESSHALL ARIZED,ANDAPPROPRIATEATTESTATIONSSHALL ASMAYBEREQUIREDBYTHEBYLAWS,ARTICLESOFINCORPORATIOROTHERRULESORREGULATIONSAPPLICABLETOSERV

HEMETGATEKEEPERS
By:Its: Its:NOTE: BEDULYNOTBEINCLUDEDONICEPROVIDER’SBUSINESSENTITY .

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SconeofServices
ServiceRcguircmen
EXHIBIT"A"SCOPEOFSERVICES
ServiceProvidershall?imishalllabor,supervision,traininginapplicablemethodsandprocesses,implements,tools,machinery,equipment,transportationandmaterialstoprovidevehiclepatrolservicesasrequiredbytheCityofHemet,ParksDepartment.ServiceProvidershallassigntheappropriatenumberofsecurityguardstosecuretheParks.Oneormorebackupemployeesmayalsobeneeded.TheServiceProviderwillprovideasupervisorfortheirsecurityguardswhoareassignedtothecity.Thesupervisoristhecontactandliaisonwithcitystaff.Thesupervisorshallmonitorthecorrect?llinginoflogsandtimesheetsforthevendor.Exceptinextremeschedulingemergencies,back-upemployeesshallbetrainedbeforeactingassubstitutes.ServiceProviderwillperformvehicleandfootpatrolsthroughouttheCityofHemetParks,includingsecuringandun-securingcommonareas. ts-ServiceProviderwillsecurethefollowinglocations:BrubakerPark-3707W.MustangAvenueMaryHenleyPark-801S.KirbyStreetGibbelPark-2500W.FloridaAvenueWestonPark-700E.FloridaAve.SimpsonPark— 28505RawlingsRoad .V':"P’!\’t‘
ServiceProviderwillperformthefollowingServicesatthepatrollocationsInspectandsecureeachparktwotimesperday,sevendaysperweek,includingholidays.Eachinspectionshallbe10— 15minutes.(Inspectionandsecuringtimestobedetermined).11.Performvehicularandfootinspectionsofthepark’sproperties.iiiUsealoudspeakertoinformanyoneintheparkthattheparkisclosed(SimpsonParkOnly).ivAttempttolocatetheowners/operatorsofanyvehiclesparkedintheparkinglotafterclosingtimeandinformthemthattheymustremovetheirvehiclefromtheparkinglot.Iftheowner/operatorofthevehiclecannotbelocated,takeapictureofthevehicleandrecorditsmake,modelandlicenseplatenumberandsubmititwiththedailyreport.DonotlockvehiclesinparkinglotsatBiubakerPark,MaryHenleyParkorGibbelPark.

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Excegtion-
ServiceProviderResponsibilities

1. vi.
vii.
viii.ix.
xi.xii.
xiii.

Reportloiterersanyperson(s)engagedinunauthorized,unsafeorobnoxiousactivitytotheHemetPoliceDepartmentDispatcherat(951)765-2400.Lookuptheparkfacilities(parkinglots,restrooms,tenniscourts,andVeteran’sMemorialetc.)attheirpostedclosingtimes.LocktheparkinglotatBrubakerParkatduskfromDecember1“throughJanuary31“andat9:00p.m.fromFebruary1stthroughNovember30"‘.Respondtocallsforserviceduringpatrolhourswithin45minutes.Uponnoti?cation,theserviceprovidermustreturntoopenthegateatSimpsonParkwithin45minutestoletoutanycarsthatarelockedinbetweenthehoursof5:30and9:30p.m.Reportallnon-urgentmaintenancerelateditems,e.g.burnedoutlights,vandalismandgraffititotheCity’ssupervisor.Reportallimmediatemaintenanceissuestothe24-hourservicelineat(951)634-3112.ServiceprovidershallsubmitanelectronicdailyreporttotheCityby6:00a.m.documentingthepreviousnight’sinspection.Eachpark’spatrolmustbedocumentedseparatelyandmustincludethenameofthepark,thetimeofeachinspection,thetimeeachfacilitywaslocked,thelicenseplatenumberanddescriptionofallcar(s)thatwerelockedinsideofthepark(SimpsonParkonly)andanyotherpertinentinformationabouttheconditionofthepark.Allservicesshallbeprovidedbyuniformedemployees.Allinspectionvehiclesmustbemarkedwiththeword“private”,theserviceproviderscompanynameandphonenumber.AllinspectionvehiclesmustalsobeequippedwithGPStotrackeachvehicleslocation,speedandactivities.GPSreportsmustbesubmittedtotheCityupontheCity’srequest.AllemployeesshallbeunarmedandshallnotcarryafireannwhileontheCity’spropertyoronpatrol.

AllemployeesprovidedunderthiscontractshallbeemployeesoftheServiceProvider,andServiceProvidershallberesponsibleforhiring(includingbackgroundinvestigations),training,providinguniforms,equipping,directinganddischargingallsecurityguardsprovidedunderthiscontract.Thepaymentoffederal,stateandlocaltaxes,Workers’Compensation,SocialSecuritybenefits,unemploymentcompensationtaxesandovertimewagesshallbetheresponsibilityoftheServiceProvider.ServiceProvider’spersonnelassignedtotheCityshallbesubjecttoallrulesand

15.F

Property
te
E2 ‘\‘l1>(,Uk€76
ii. \Eelephpne_QA"3‘;\ §.vr.M[a\ ‘
_
regulationsgoverningtheconductofCityemployees.ServiceProvidershallreplaceunsatisfactorypersonnelwithinfourhoursofnoti?cationbyCitystaffServiceProvidershallcomplywithalllaws,ordinances,rules,regulations,andcodesapplicabletotheseservices.Allpersonnelwhoperformworkunderthiscontractshallbeuniformed.ServiceProvidershallbecomefamiliarwiththeCity’suniquerequirements,pre-screenpotentialcandidatesforeachCityopening.Allpersonnelprovidedunderthiscontractshallbeatleasttwenty—f1veyearsofage.I VendormustcomplywithallregulationslistedinCityofHemetMunicipalCodeSec.18-259&18-260.

IfthereisanyvehiclethatisownedbytheServiceProviderandwillbeusedfortransportationinconnectionwithanyserviceprovidedpursuanttocontractoragreement:4 43vd\[1.VehicleIdentificationNo.NameofVehicleLiabilityInsurancePolicy:LEQQSHiii.AddressandT' NumberofInsuranceCarrier:\J\\A V} Lg’toEF\cv1'.l..A-I<,Fat‘-2.S’‘-\'‘*-;.Ifthereisanyrealpropertytobeusedtohouseworkersinconnectionwiththecontractoragreement:i.Address:

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HourlyRate
'7'?
totalmbegfempeeme utilizedbyServiceProvidertoprovideServices totheemployees:7'5I810bepaidtotheemployees:Q] U5‘g,‘ionamountinthetableaboveforanymspectiu EXHIBIT"B"COMPENSATION1.ServiceProviderwillchargethefollowingamountsintheperformanceoftheServices.PositionSupervisor $13.00Patrol $11.00 ParkCostPerInspectionMonthlyCostAnnualCostWeston 9.00 546.006,552.00Gibble 9.00 546.006,552.00MarvHenlev9.00 546.006,552.00Brubaker9.00 546.006,552.00Simpson 9.00 546.006.552.00Total $32,760.00 II.ServiceProvidermayutilizesubcontractorsasindicatedinthisAgreement.Vic4J6 (—Uw\TYLLo..(lsifL$A.Thetotalnumber V’(dl<;1<Ar4AW
III.ThetotalcompensationfortheannualServicesshallnotexceed($32,760.00),asprovidedinSection4“CompensationandMethodofPayment”ofthisAgreement.

A.Thenu loyeestobeunderthisAgrnt:B.ThetotalamountofwagestobepaidC.ThedateordateswhenwagesaretoD.Citymaydeduct‘theCostPerInspectthattheCitydeterminesdidnotoccurorwasnotfullycompletedinaccordancewithExhibitA,paragraphC. ofpersonswhowillbeutilizedundertheagreementasindependentcontractors:personsB.Listofcurrentlocal,state,andfederalcontractorlicenseidenti?cationnumbersasrequiredunderlocalstateorfederallawsorregulations(PPOLicense):
///////////////////////////////////

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InsuranceReguirements
MinimumScopeofInsurance
CommercialGeneralLiabilig
MWD3
Workers’Compensation
‘\7Lj<1 \I-Kora;-—\
M4tzouue
Q\'I'A.¢£><ev)>ProfessionalLiability.

EXHIBIT"C"INSURANCE._A. .ServiceProvidershallprovideandmaintaininsurance,acceptabletotheCity,infullforceandeffectthroughoutthetermofthisAgreement,againstclaimsforinjuriestopersonsordamagestopropertywhichmayarisefromorinconnectionwiththeperformanceoftheServicesbyServiceProvider,itsagents,representativesoremployees.InsuranceistobeplacedwithinsurerswithacurrentA.M.Best'sratingofnolessthanA:VII.ServiceProvidershallprovidethefollowingscopeandlimitsofinsurance:1. .Coverageshallbeatleastasbroadas(l)’/ .InsuranceervicesOf?formCommercialGeneralLiabilitycoverage(OccurrenceFormCG0001).(2)?tomobile.InsuranceServicesOfficeformnumberCA0001(Ed.l/87)coveringAutomobileLiability,includingcodel"anyauto"andendorsementCA0025,orequivalentformssubjecttothewrittenapprovaloftheCity.(3) .Workers’CompensationinsuranceasrequiredbytheLaborCodeofStateofCaliforniacoveringallpersonsprovidingServicesonbehalfoftheServiceProviderandallriskstosuchpersonsunderthisAgreement.ServiceProvider’sworker’s,compensationinsurancepolicyinformationPolicyNo ‘u’‘l‘1»'L98443~=— InsuranceCarrier: Q8A594AddressIQ)éwrwID(1little(4) ProfessionalliabilityinsuranceappropriatetotheServiceProvider’sprofession.Thiscoveragemaybewrittenona“claimsmade”basis,andmustincludecoverageforcontractualliability.TheprofessionalliabilityinsurancerequiredbythisAgreementmustbeendorsedtobeapplicabletoclaimsbasedupon,arisingoutoforrelatedtoServicesperformedunderthisAgreement.Theinsurancemustbemaintainedforatleastthree(3)consecutiveyearsfollowingthecompletionofServiceProvider’sservicesortheterminationofthisAgreement.Duringthisadditionalthree(3)yearperiod,ServiceProvidershallannuallyanduponrequestoftheCitysubmitwrittenevidenceofthiscontinuouscoverage.

15.F

InsuranceReguirements
MinimumScopeofInsurance
iabiligg
Workers‘Compensation
'\’Ljegg \I—\4ur&4>-4
3{(A4‘Beak?
‘
QWW)ProfessionalLiabilim.

EXHIBIT"C"INSURANCE.A. .ServiceProvidershallprovideandmaintaininsurance,acceptabletotheCity,infullforceandeffectthroughoutthetermofthisAgreement,againstclaimsforinjuriestopersonsordamagestopropertywhichmayarisefromorinconnectionwiththeperformanceoftheServicesbyServiceProvider,itsagents,representativesoremployees.InsuranceistobeplacedwithinsurerswithacurrentA.M.Best'sratingofnolessthanA:VII.ServiceProvidershallprovidethefollowingscopeandlimitsofinsurance:1. .Coverageshallbeatleastasbroadas:(l)‘CommercialGeneralL.InsuranceServicesOf?ceformCommercialGeneralLiabilitycoverage(OccurrenceFormCG0001).(2)?tomobile.InsuranceServicesOfficeformnumberCA0001(Ed.1/87)coveringAutomobileLiability,includingcode1"anyauto“andendorsementCA0025,orequivalentformssubjecttothewrittenapprovaloftheCity.(3) .Workers‘CompensationinsuranceasrequiredbytheLaborCodeofStateofCaliforniacoveringallpersonsprovidingServicesonbehalfoftheServiceProviderandallriskstosuchpersonsunderthisAgreement.ServiceProvider’sworker’scompensationinsurancepolicyinformation:PolicyNo. 13"(l‘L19"Zo\‘1InsuranceCarrier: (_;6A*'éI1a‘JC/T Address l‘l’l.1o(4) ProfessionalliabilityinsuranceappropriatetotheSen/iceProvider’sprofession.Thiscoveragemaybewrittenona“claimsmade”basis,andmustincludecoverageforcontractualliability.TheprofessionalliabilityinsurancerequiredbythisAgreementmustbeendorsedtobeapplicabletoclaimsbasedupon,arisingoutoforrelatedtoServicesperformedunderthisAgreement.Theinsurancemustbemaintainedforatleastthree(3)consecutiveyearsfollowingthecompletionofServiceProvider’sservicesortheterminationofthisAgreement.Duringthisadditionalthree(3)yearperiod,ServiceProvidershallannuallyanduponrequestoftheCitysubmitwrittenevidenceofthiscontinuouscoverage.

C-1

15.F

CommercialGeneralLiabilig.

Automobile.

Workers‘Compensation.

ProfessionalLiability.
neralLiabilitvandAutomobileLiabilitvCoverages

2.MinimumLimitsofInsurance.ServiceProvidershallmaintainlimitsofinsurancenolessthan:(1) $1,000,000generalaggregateforbodilyinjury,personalinjuryandpropertydamage.(2) $1,000,000peraccidentforbodilyinjuryandpropertydamage.Acombinedsinglelimitpolicywithaggregatelimitsinanamountofnotlessthan$2,000,000shallbeconsideredequivalenttothesaidrequiredminimumlimitssetforthabove.(3) Workers‘CompensationasrequiredbytheLaborCodeoftheStateofCaliforniaofnotlessthan$1,000,000peroccurrence.(4) $1,000,000peroccurrence.B.OtherProvisions.InsurancepoliciesrequiredbythisAgreementshallcontainthefollowingprovisions:1.AllPolicies.EachinsurancepolicyrequiredbythisAgreementshallbeendorsedandstatethecoverageshallnotbesuspended,voided,cancelledbytheinsureroreitherPartytothisAgreement,reducedincoverageorinlimitsexceptafter30days‘priorwrittennoticebycerti?edmail,returnreceiptrequested,hasbeengiventoCity.2.CommercialGe(1)City,anditsrespectiveelectedandappointedof?cers,officials,andemployeesandvolunteersaretobecoveredasadditionalinsuredsasrespects:liabilityarisingoutofactivitiesServiceProviderperforms;productsandcompletedoperationsofServiceProvider;premisesowned,occupiedorusedbyServiceProvider;orautomobilesowned,leased,hiredorborrowedbyServiceProvider.ThecoverageshallcontainnospeciallimitationsonthescopeofprotectionaffordedtoCity,andtheirrespectiveelectedandappointedof?cers,of?cials,oremployees.(2)ServiceProvider’sinsurancecoverageshallbeprimaryinsurancewithrespecttoCity,anditsrespectiveelectedandappointed,itsof?cers,of?cials,employeesandvolunteers.Anyinsuranceorself-insurancemaintainedbyCity,anditsrespectiveelectedandappointedof?cers,of?cials,employeesorvolunteers,shallapplyinexcessof,andnotcontributewith,ServiceProvider’sinsurance.(3)ServiceProvider’sinsuranceshallapplyseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbrought,exceptwithrespecttothelimitsoftheinsurer'sliability.

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Workers‘ComgensalionCoverage
OtherReguircmenls
(4)Anyfailuretocomplywiththereportingorotherprovisionsoftheinsurancepolicies,includingbreachesofwarranties,shallnotaffectcoverageprovidedtoCity,anditsrespectiveelectedandappointedofficers,of?cials,employeesorvolunteers.3. .UnlesstheCityManagerotherwiseagreesinwriting,theinsurershallagreetowaiveallrightsofsubrogationagainstCity,anditsrespectiveelectedandappointedofficers,of?cials,employeesandagentsforlossesarisingfromworkperformedbyServiceProvider.C. .ServiceProvideragreestodepositwithCity,atorbeforetheeffectivedateofthisAgreement,certificatesofinsurancenecessarytosatisfyCitythattheinsuranceprovisionsofthiscontracthavebeencompliedwith.TheCitymayrequirethatServiceProviderfurnishCitywithcopiesoforiginalendorsementseffectingcoveragerequiredbythisExhibit“C”.Thecerti?catesandendorsementsaretobesignedbyapersonauthorizedbythatinsurertobindcoverageonitsbehalf.Cityreservestherighttoinspectcomplete,certi?edcopiesofallrequiredinsurancepolicies,atanytime.1.ServiceProvidershallfurnishcertificatesandendorsementsfromeachsub-contractoridenticaltothoseServiceProviderprovides.2.Anydeductiblesorself-insuredretentionsmustbedeclaredtoandapprovedbyCity.AttheoptionofCity,eithertheinsurershallreduceoreliminatesuchdeductiblesorself-insuredretentionsasrespectsCityoritsrespectiveelectedorappointedof?cers,officials,employeesandvolunteers,ortheServiceProvidershallprocureabondguaranteeingpaymentoflossesandrelatedinvestigations,claimadministration,defenseexpensesandclaims.3.TheprocuringofsuchrequiredpolicyorpoliciesofinsuranceshallnotbeconstruedtolimitServiceProvider’sliabilityhereundernortofulfilltheindemnificationprovisionsandrequirementsofthisAgreement.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Community Development
Submitted by: Christopher Lopez, City Manager
H. P. Kang, Community Development Director;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Fourth Amendment for Services between the City of Hemet and 4Leaf, Inc. for a Contract Amount not to Exceed a Total of $290,000 for the Entire Contract Term and the Replacement of Exhibit "B" Compensation

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 Fourth Amendment for Services between the City of Hemet and 4Leaf, Inc. for a Contract Amount not to Exceed a Total of $290,000 for the Entire Contract Term and the Replacement of Exhibit "B" Compensation.

BACKGROUND:

The City of Hemet contracts with two companies to provide contract plan check, inspection, and permit technician services. The initial contract term began August 11, 2020, for a three -year term and a not to exceed $55,000.

On March 23, 2021, the First Amendment to the contract was to update the new hourly rate for services.

On April 13, 2 021, the Second Amendment to the contract was approved to increase the contract amount by $25,000 for expected increases in plan check submittals for a not to exceed a total contract amount of $80,000.

On August 20, 2021, the Third amendment to the contract was approved to increase the contract amount by $105,000 for expected increase in plan check submittals for a not to exceed a total contract amount of $185,000.

Date Action Amount Total Contract

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August 11, 2020 FY 20/21 $55,000 $55,000
March 23, 2021 1st Amendment
FY 20/21 $0 $55,000
April 13, 2021 2nd Amendment
FY 20/21 $25,000 $80,000
August 20, 2021 3rd Amendment
FY21/22 $105,000 $185,000
Proposed 4th Amendment
FY21/22 $105,000 $290,000

ANALYSIS:

During the adoption of the 2021/2022 budget process, an additional budget amount of $105,000 was approved, which was reflected in the contract amendment that totaled $185,000. Savings from unfilled vacancies is sufficient to cover the additional expenditure of $105,000 required for professional services and therefore, no additional funding is required.

The Community Development Department continues to see increases in development activities and needs to provide the services necessary to maintain the level of service demanded by the development community. Additionally, the City has the need to increase contract services due to the "build to rent" format some builders are moving toward in the current housing market. This will dramatically increase the workload based on multiple phases being constructed concurrently without having a buyer in place.

With this anticipation and growth, staff is requesting an additional $105,000 for a new not -to-exceed contract amount of $290,000 for the entire contract term. This increase will allow the City to continue providing the services of plan review, inspections, and permit technician services and allow scalability (up or down) based on the needs of the development community volume.

The consultant Fee Schedule (Exhibit B) will remain the same as in the First Amendment.

The Consultant has provided the City with plan checks for residential, commercial and industrial developments in the City. The continuation of contract plan check services allows the Building and Safety Division to respond more quickly to plan submittals and ensure that plans comply with all applicable building and safety codes.

PREVIOUS COUNCIL ACTION:

On January 25, 2022, Council approved appropriations of $172,000 in account 120 -3300-2610 for Community Development's Building Program contract services.

STRATEGIC PLAN INTEGRATION:

GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

Objective 2: Provide resources for new businesses to enhance the customer service experience.

The proposed action aligns with Council adopted objective: develop business practices that welcome

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new development by streamlining processes by incorporating plan check process that shortens the plan check time.

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: operate in a financially sustainable manner by identifying the work needed inside the City organization to effectively provide services to the community and ensure financial stability, and to operate in a financially sust ainable manner.

FISCAL IMPACT:

There is no impact to the General Fund. Based on already collected plan check fees and the anticipated building permit and plan checks fees for the major builders, the City can collect the additional amount requested of $105,000 through plan check fees, bu ilder deposits for inspector, and additional professional services budget. The cost of contract plan check services is recovered through the building plan check fees paid by contractors and developers for their specific projects. Additionally, special inspections are requested from three builders that fund the inspector who is dedicated for those three builder projects. Funding will only be expended for those projects that have been submitted for plan check and inspections where the revenue has already been received.

ATTACHMENT(S):

Attachment 1: Fourth Amendment Resolution 4Leaf
Attachment 2: Fourth Amendment 4LEAF Contract

15.G

CITY COUNCIL RESOLUTION NO. 2022-

CITY OF HEMET
Hemet, California

RESOLUTION

A RESOLUTION OF THE

CITY COUNCIL OF THE

CITY OF HEMET,

CALIFORNIA, APPROVING

THE FOURTH

AMENDMENT TO THE

AGREEMENT FOR

SERVICES BETWEEN THE

CITY OF HEMET AND
4LEAF, INC., FOR A

CONTRACT AMOUNT NOT

TO EXCEED A TOTAL OF
$290,000 FOR THE

ENTIRE CONTRACT TERM

AND AUTHORIZE THE

CITY MANAGER TO

EXECUTE THE FOURTH

AMENDMENT TO THE

AGREEMENT WITH
4LEAF, INC.

The City Council of the City of Hemet, California
(hereafter referred to as the “City Council”) does
resolve as follows:

WHEREAS, City and Service Provider entered
into an agreement for contract planning services on
August 11, 2020. The Agreement provides that the
Service Provider will assist the Building Division with contract plan check and inspection services on an as-
needed basis, and
WHEREAS, the Parties now desire to amend
Section 4 “Compensation and Method of Payment” in
the agreement, and
WHEREAS, Second Amendment, dated April
13, 2021, amends Section 4 [Compensation and
Method of Payment] to add additional compensation

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CITY COUNCIL RESOLUTION NO. 2022-
of up to $25,000 for a total not-to-exceed contract
amount of $80,000 over the term of the agreement.

WHEREAS, Third Amendment, dated August
20, 2021, amends Section 4 [Compensation and
Method of Payment] to add additional compensation
of up to $105,000 for a total not-to-exceed contract
amount of $185,000 over the term of the
agreement.

WHEREAS, Third Amendment, amends
Attachment B of the Agreement to increase the hourly
compensation by 3% for the entire contract term.

WHEREAS, the Fourth Amendment amends
Section 4 of the Agreement to increase the total
compensation by $105,000 to a total not-to-exceed
contract amount of $290,000.

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE AS FOLLOWS:

SECTION 1. Incorporation of Recitals, The
City Council of the City of Hemet finds and
determines that the above referenced recitals are true
and correct and the material to this Resolution.

SECTION 2. City Council Actions.
a) The City Manager, or his designee,
is authorized and directed to utilize
the funds allocated in the Building
and Safety Division budget.
b) The City Manager, or his designee,
is authorized and direct to execute
the Fourth Amendment to the
Agreement for Services between
the City of Hemet and 4LEAF, INC,
increasing the original contract
pricing for the term of the
agreement to a not to exceed total
of $290,000 and authorize the City
Manager to execute the Fourth
Amendment to the Agreement with
4LEAF, INC.

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CITY COUNCIL RESOLUTION NO. 2022-
c) The City Manager, or his designee,
is authorized and directed to
execute any purchase orders,
agreements, or other documents
necessary to effectuate the contract
in an amount not to exceed
$290,000 in aggregate, so long as
such purchase orders, agreements,
or other documents are in a form
approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this
___ day of ____________, 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.G

CITY COUNCIL RESOLUTION NO. 2022-
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 _____
day of ____________, 2022, and was passed by the
following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Paul Maier, City Clerk

15.G

15.G

FOURTH AMENDMENT TO AGREEMENT FOR SERVICES
For Building and Safety Division Inspection and Plan Check Services
By and
Between

THE CITY OF HEMET,
a California municipal corporation
and
4LEAF, Inc.

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C-1

FOURTH AMENDMENT TO AGREEMENT FOR SERVICES
BY AND BETWEEN THE CITY OF HEMET AND 4LEAF, INC.

This Fourth Amendment (" Amendment") is entered into as of this day of May, 2022 by and between the City of Hemet, a California municipal corporation ("City") and 4LEAF, Inc, a California Corporation ("Service Provider"). City and Service Provider are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
WHEREAS, the City and Service Provider entered into that certain Agreement for Services dated August 11, 2020 ("Agreement"), wherein Service Provider agreed to provide plan review, inspection, and permit technician services for the City's Building and Safety Division; and
WHEREAS, the Parties now desire to amend Section 4 "Compensation and Method of Payment" in the Agreement;
WHEREAS, the Third Amendment amends Section 4 of the Agreement to increase the total compensation by $105,000 to a total not-to-exceed contract amount of $185,000 for the entire contract term.

WHEREAS, the Third Amendment amends Attachment B of the Agreement to increase the hourly compensation by 3% for the entire contract term.

WHEREAS, the Fourth Amendment amends Section 4 of the Agreement to increase the total compensation by $105,000 to a total not-to-exceed contract amount of $290,000
NOW, THEREFORE, based upon the representations made above and the covenants and conditions set forth herein, the Parties agree as follows:

1. Section 4 of the Agreement is hereby revised to reflect the total compensation, including reimbursement for actual and reasonable expenses, shall not exceed two hundred and ninety thousand dollars ($290,000).

IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment on the date and year first-above written.

CITY OF HEMET
Christopher R. Lopez
City Manager

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C-2
ATTEST:

CITY CLERK
John Paul Meier
City Clerk
APPROVED AS TO FORM:

Steven P. Graham
City Attorney

SERVICE PROVIDER
4LEAF, Inc.

By:

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C-3

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Community Development
Submitted by: Christopher Lopez, City Manager
H. P. Kang, Community Development Director;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Third Amendment for Services between the City of Hemet and CSG Consultants, Inc. for a Contract Amount not to Exceed a Total of $320,968.75 for the Entire Contract Term and the Replacement of Exhibit "B" Compensation

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 Third Amendment for Services between the City of Hemet and CSG Consultants, Inc. for a Contract Amount not to Exceed a Total of $320,968.75 for the Entire Contract Term and the Replacement of Exhibit "B" Compensation.

BACKGROUND:

The City of Hemet contracts with two companies to provide contract plan check, inspection, and permit technician services. The initial contract term began August 11, 2020, for a three -year term and a not to exceed $55,000.

On April 13, 2021, the First Amendment to the contract was approved to increase the contract amount by $45,000 for expected increases in plan check submittals for a not to exceed $100,000 contract amount.

On August 20, 2021, the Second amendment to the contract was approved to increase the contract amount by $118,968.75 for expected increase in pla n check submittals for a not to exceed a total contract amount of $218,968.75.

Date Action Amount Total Contract
August 11, 2020 FY 20/21 $55,000.00 $55,000.00
April 13, 2021 1st Amendment
FY 20/21 $45,000.00 $100,000.00

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August 20, 2021 2nd Amendment
FY21/22 $118,968.75 $218,968.75
Proposed 3rd Amendment
FY21/22 $102,000.00 $320,968.75

ANALYSIS:

During the 2021/2022 budget adoption `process, an additional budget amount of $105,000 was approved, which was reflected in the contract amendment that totaled $218,968.75. S avings from unfilled expenditure the additional to sufficient is vacancies cover for required of $13,968.75 professional services and therefore, no additional funding was required.

The Community Development Department continues to see increases in development activities and needs to provide the services necessary to maintain the level of service demanded by the development community. Additionally, the City has the need to increase contract services due to the "build to rent" format some builders are moving toward in the current housing market. This will dramatically increase the workload based on multiple phases being constructed concurrently without having a buyer in place.

With this anticipation and growth, staff is requesting an additional $102,000 for a new not -to-exceed contract amount of $320,968.75 for the entire contract term. This increase will allow the City to continue providing the services of plan review, inspections, and permit technician services and allow scalability (up or down) based on the needs of the development community volume.

The consultant Fee Schedule (Exhibit B) will remain the same as in the Second Amendment.

The Consultant has provided the City with plan checks for residential, commercial and industrial developments in the City. The continuation of contract plan check services allows the Building a nd Safety Division to respond more quickly to plan submittals and ensure that plans comply with all applicable building and safety codes.

PREVIOUS COUNCIL ACTION:

On January 25, 2022, Council approved appropriations of $172,000 in account 120 -3300-2610 for Community Development's Building Program contract services.

STRATEGIC PLAN INTEGRATION:

GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

Objective 2: Provide resources for new businesses to enhance the customer service experience.

The proposed action aligns with Council adopted objective: develop business practices that welcome new development by streamlining processes by incorporating plan check process that shortens the plan check time.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

15.H

The proposed action aligns with Council adopted objective: operate in a financially sustainable manner by identifying the work needed inside the City organization to effectively provide services to the community and ensure financial stability, and to operate in a financially sust ainable manner.

FISCAL IMPACT:

There is no impact to the General Fund. Based on already collected plan check fees and the anticipated building permit and plan checks fees for the major builders, the City can collect the additional amount requested of $102,000 through plan check fees. Th e total of $172,000 was already appropriated and funded through mid -year budget for consulting services. The cost of contract plan check services is recovered through the building plan check fees paid by contractors and developers for their specific projects. Funding will only be expended for those projects that have been submitted for plan check and where the revenue has already been received.

ATTACHMENT(S):

Attachment 1: Third Amendment Resolution CSG
Attachment 2: Third Amendment CSG Contract

15.H

CITY COUNCIL RESOLUTION NO. 2022-

CITY OF HEMET
Hemet, California

RESOLUTION

A RESOLUTION OF THE

CITY COUNCIL OF THE

CITY OF HEMET,

CALIFORNIA, APPROVING

THE THIRD AMENDMENT

TO THE AGREEMENT FOR

SERVICES BETWEEN THE

CITY OF HEMET AND CSG
CONSULTANTS, INC.,

FOR A CONTRACT

AMOUNT NOT TO

EXCEED A TOTAL OF
$320,968.75 FOR THE

ENTIRE CONTRACT TERM

AND AUTHORIZE THE

CITY MANAGER TO

EXECUTE THE THIRD

AMENDMENT TO THE

AGREEMENT WITH CSG
CONSULTANTS, INC.

The City Council of the City of Hemet, California
(hereafter referred to as the “City Council”) does
resolve as follows:

WHEREAS, City and Service Provider entered
into an agreement for contract planning services on
August 11, 2020. The Agreement provides that the
Service Provider will assist the Building Division with contract plan check and inspection services on an as-
needed basis, and
WHEREAS, Section 4 and Exhibit B of the
original Agreement established compensation
through the end of the term for a not-to-exceed
amount of $55,000, and
WHEREAS, First Amendment, dated April 13,
2021, amends Section 4 [Compensation and Method

15.H

CITY COUNCIL RESOLUTION NO. 2022-
of Payment] to add additional compensation of up
to $45,000 for a total not-to-exceed contract amount
of $100,000 over the term of the agreement.

WHEREAS, Second Amendment, dated
August 20, 2021, amends Section 4 [Compensation
and Method of Payment] to add additional
compensation of up to $118,968.75 for a total not-
to-exceed contract amount of $218,968.75 over the
term of the agreement.

WHEREAS, Third Amendment, amends
Section 4 [Compensation and Method of Payment]
to add additional compensation of up to $102,000
for a total not-to-exceed contract amount of
$320,968.75 over the term of the agreement.

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE AS FOLLOWS:

SECTION 1. Incorporation of Recitals, The
City Council of the City of Hemet finds and
determines that the above referenced recitals are true
and correct and the material to this Resolution.

SECTION 2. City Council Actions.
a) The City Manager, or his designee,
is authorized and directed to utilize
the funds allocated in the Building
and Safety Division budget.
b) The City Manager, or his designee,
is authorized and direct to execute
the Third Amendment to the
Agreement for Services between
the City of Hemet and CSG
CONSULTANTS, INC, increasing
the original contract pricing for the
term of the agreement to a not to
exceed total of $320,968.75 and
authorize the City Manager to
execute the Third Amendment to
the Agreement with CSG
CONSULTANTS, INC.

15.H

CITY COUNCIL RESOLUTION NO. 2022-
c) The City Manager, or his designee,
is authorized and directed to
execute any purchase orders,
agreements, or other documents
necessary to effectuate the contract
in an amount not to exceed
$320,968.75 in aggregate, so long
as such purchase orders,
agreements, or other documents
are in a form approved by the City
Attorney.

PASSED, APPROVED AND ADOPTED this
___ day of ____________, 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Meier, City Clerk

15.H

CITY COUNCIL RESOLUTION NO. 2022-
State of California )
County of Riverside )
City of Hemet )
I, John Paul Meier, City Clerk of the City of
Hemet, do hereby certify that the foregoing resolution
was adopted by the Hemet City Council on the _____
day of ____________, 2022, and was passed by the
following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Paul Meier, City Clerk

15.H

15.H

THIRD AMENDMENT TO
Building and Safety Division Inspection and Plan
Check Services
by and between
the

CITY OF HEMET
and
CSG Consulting, Inc.

Dated May 12, 2022

15.H

THIRD AMENDMENT TO BUILDING AND SAFETY DIVISION INSPECTION AND

PLAN CHECK SERVICES
This Third Amendment to Building and Safety Division Inspection and Plan Check Services (“Third Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF HEMET, a California municipal corporation (“City”), and CSG Consulting, Inc., a California Corporation (“Service Provider”), as follows:

RECITALS
A. City and Contractor entered in an agreement for Plan Review, Inspection, and Permit Technician Services for the city’s Building and Safety Division, on August 11, 2020 (“Agreement”). The Agreement provides that Contractor will provide such services not to exceed $55,000.

B. On April 13, 2021, City Council approved a First Amendment to Building and Safety Division Inspection and Plan Check Services (“First Amendment”) that increased the total compensation by $45,000 to a total not-to-exceed contract amount of $100,000 for the entire contract term.

C. On August 20, 2021, City Council approved a Second Amendment to Building and Safety Division Inspection and Plan Check Services (“Second Amendment”) that increased the total compensation by $118,968.75 to a total not-to-exceed contract amount of $218,968.75 for the entire contract term.

D. The parties now desire to amend the Agreement to increase the total compensation by $102,000 for a new not-to-exceed contract amount of $320,968.75.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [Compensation and Method of Payment]. Section 4 of the Agreement is hereby amended as follows:

Subject to any limitations set forth in this Agreement, City agrees to pay Services Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by the reference. The total compensation, including reimbursement for actual and reasonable expenses, shall not exceed Three Hundred and Ninety Thousand, Nine

15.H

2 Hundred and Sixty-Eight Dollars and Seventy-Five Cents ($320,968.75) for the entire contract term, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.

2. GENERAL PROVISIONS.

2.1 Remainder Unchanged. Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties.

2.2 Integration. This Third 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 Third Amendment.

2.3 Effective Date. This Third Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Contractor.

2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment.

2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this Third 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

15.H

3 APPROVED AS TO FORM
______
Steven Graham, City Attorney
CONTRACTOR:

By:

Name:

Title:

By:

Name:

Title:

15.H

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
Veronica Allen, Management Analyst;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the Finance Department to Establish Appropriations for the Coronavirus State and Local Fiscal Recovery Funds from the American Rescue Plan Act of 2021

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 Finance Department to Establish Appropriations for the Coronavirus State and Local Fiscal Recovery Funds from the American Rescue Plan Act 2021.

BACKGROUND:

On March 11, 2021, the American Rescue Plan Act of 2021 was signed into law and allocated Three Hundred and Fifty Billion Dollars ($350,000,000,000) of Coronavirus State & Local Fiscal Recovery Funds (“SLFRF”) to state, local, territorial, and tribal governments to bolster their response to the COVID-19 emergency and its economic impacts. On May 10, 2021, the U.S. Department of Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Fund s program. Eligible categories of SLFRF expenditures include response to the public health emergency and its negative economic impacts, provision of services to disproportionately impacted communities, premium pay for essential workers, necessary investmen ts in water, sewer, and broadband infrastructure, and replacement of lost public sector revenue.

DISCUSSION:

The City of Hemet was allocated Twenty -One Million Six Hundred Seventy -Four Thousand Three Hundred and Forty-Four Dollars ($21,674,344) of SLFRF funding.

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On March 4, 2022, the City Council held a special meeting to discuss ARPA projects and allocate funding. In a vote of 4 -1, Council approved the ARPA -eligible project allocations and in a vote of 5 -0, Council approved the 'Standard Allowance' project allocations.

The appropriations for City Net Homelessness Services, eCivis Grant Management Software System, and premium payments have already been approved by Council and are therefore not included on the list to establish appropriations. In separate staff reports, the ARPA Student Worker Program and ARPA Public Works Apprentice Program went to Council on May 10, 2022, to approve and establish appropriations.

For tonight's action, staff is recommending City Council authorize the Finance Department to establish appropriations for the approved projects based on the ARPA approved project list to the designated Fund Account for each project (see Attachment 2). For projects that do not have an approved ARPA allocation amount, staff will return to Council to request approval for funding allocation and to establish appropriations, as necessary.

PREVIOUS COUNCIL ACTION:

On March 4, 2022, the City Council held a special meeting to discuss ARPA projects and to allocate funding. In a vote of 4 -1, Council approved the ARPA-eligible project allocations. In a vote of 5 -0, Council approved the 'Standard Allowance project allocations.

On January 25, 2022, this item was presented to the Hemet City Council to receive information and accept the receipt of American Rescue Pla n Act, and State and Local Fiscal Recovery Funds. The Council elected to approve the 'Standard Allowance' under the revenue loss provision. The action was approved by a 4 to 0 vote. Motion was made to hold an ARPA workshop for a later date.

On July 13, 2 021, this item was presented to the Hemet City Council to receive information on the American Rescue Plan - State and Local Fiscal Recovery Fund. The Council discussed priority areas for ARPA - SLFRF use of funding.

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:

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 TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

The proposed action aligns with Council adopted objective:

Objective 1: Develop business practices that welcome new development by streamlining processes.

Objective 2: Provide resources for new businesses to enhance the customer service experience.

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.

15.I

The proposed action aligns with Council adopted objective:

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.

The proposed action aligns with Council adopted objective:

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.

The proposed action aligns with Council adopted objective:

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

There is no General Fund Impact. Funding for the approved projects are from Fund 270, American Rescue Plan.

ATTACHMENT(S):

Attachment 1_ Resolution to Establish Appropriations for ARPA SLFRF Attachment 2: Establish Appropriations for ARPA Approved Projects

15.I

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3 4
5 6
7 8
9 10
11 12
13 14
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17 18
19 20
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23 24
25 26
27 28
City of Hemet Resolution No. 2022-102

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE

FINANCE DEPARTMENT TO ESTABLISH

APPROPRIATIONS FOR THE CORONAVIRUS STATE

AND LOCAL FISCAL RECOVERY FUNDS FROM THE
AMERICAN RESCUE PLAN ACT OF 2021
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 was signed into law and allocated Three Hundred and Fifty Billion Dollars ($350,000,000,000) of Coronavirus State & Local Fiscal Recovery Funds (“SLFRF”) to state, local, territorial, and tribal governments to bolster their response to the COVID-19 emergency and its economic impacts; and
WHEREAS, on May 10, 2021, the U.S. Department of Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds program, and WHEREAS, eligible categories of SLFRF expenditures include response to the public health emergency and its negative economic impacts, provision of services to disproportionately impacted communities, premium pay for essential workers, necessary investments in water, sewer, and broadband infrastructure, and replacement of lost public sector revenue; and
WHEREAS, the City of Hemet (“City”) was allocated Twenty-One Million Six Hundred Seventy-Four Thousand Three Hundred and Forty-Four Dollars

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3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Resolution No. 2022-102
($21,674,344) (“SLFRF Allocation”) and must comply with SLFRF program requirements; and
WHEREAS, on March 4, 2022, the City Council held a special meeting to discuss ARPA projects and to allocate funding. In a vote of 4-0, City Council approved the ARPA-eligible project allocations and in a vote of 5-0, City Council approved the ‘Standard Allowance’ project allocations; and WHEREAS, the SLFRF Allocation must be obligated by December 31, 2024, and expended by December 31, 2026.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1.That the above recitations are true.

SECTION 2.That the City Council authorizes the Finance Department to establish appropriations for ARPA SLFRF approved ARPA-eligible projects and approved ‘Standard Allowance’ projects as described in Exhibit A attached hereto.

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5 6
7 8
9 10
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13 14
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17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Resolution No. 2022-102
PASSED, APPROVED AND ADOPTED this 24th day of May 2022. ____________________________
Malcom Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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City of Hemet Resolution No. 2022-102
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 24 th day of May 2022, 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

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15.I

City of Hemet Approved ARPA SLFRF Projects - Establish Appropriations Category Recommendations Amount Department/Division Assigned Accounting Code

1. Supporting the Public Health Response $2,794,977.00
City-Wide General COVID Expenses and Response
• Replacement of Zoll Defibrillator/Heart Monitors $322,000.00 Fire 270-7004-5400 • On-going personal protective equipment (PPE) needs $22,000.00 Community Development 270-7008-2700 • Investment in public facilities to meet pandemic operational needs - badge readers $165,000.00 Public Works/IT 270-7005-2400
• Ventilation Improvements in Key locations (Library) $1,052,473.00 Public Works/Library 270-5737-5400 • Technology Upgrades to Streamline Operations - Telephone and Network Modernization $1,000,000.00 IT 270-5738-5400 Emergency Medical Response Costs - Fire and Police $233,504.00 Fire and Police 270-7006-1100

2. Negative Economic Impacts $840,000.00
Household Rent/Mortgage Assistance $500,000.00 TBD 270-7010-2400 Police Department Job Training/Employment Support $340,000.00 Police 270-7011-1100

3. Services to Disproportionately Impacted Communities $4,078,250.00 CityWide Park Improvements $696,215.00 Public Works 270-5739-5400 CityWide Park Improvements $1,032,035.00 Public Works 270-5740-5400 Skate Park $1,950,000.00 Public Works 270-5718-5400
Children's Patio (Library) $50,000.00 Library 270-7014-5300 Refresh Library Firewall $350,000.00 Library/IT 270-7015-5300

7. Administrative $40,500.00
• Administrative Costs for federal funding management and oversight $40,500.00 City Manager's Office 270-1202-2710 ARPA Eligible projects - approved
$7,753,727.00

6. Provisions of Government Services
Community Development Neighborhood Enhancement Project $128,000.00 Community Development 270-7007-2400 City Clerk Records Management System $112,491.00 City Clerk's Office 270-7009-2260 Police Multi-purpose Mobile Command Post and Emergency Operations Center $1,200,000.00 Police 270-5741-5400 Police External Safety and Infrastructure upgrade at the Main Public Safety Facilities $500,000.00 Police 270-xxxx-???? Fire Station Facility Evaluation/Retrofit/Remodel, Internal Fire Station System Upgrades Fire 270-xxxx-???? Comprehensive fire station engineering/functionality/habitation consultant evaluation fire stations 1, 2, 3, 4, 5 $150,000.00 Fire 270-xxxx-????
Fire Station retrofit/remodel as necessary per review of stations 1, 2, 3 $1,199,000.00 Fire 270-xxxx-???? Install Heartsaver station alarm notification system in stations 1, 2, 3, 4, 5 $325,000.00 Fire 270-xxxx-???? Diesel smoke extraction systems installed in station 1, 2, 3, 4, 5 $200,000.00 Fire 270-xxxx-???? Install professional washing machines (extractors) at stations 1, 2, 3 $126,000.00 Fire 270-xxxx-???? Roadway Improvements $1,800,000.00 Engineering 270-5743-5500 Solar Street Lights $200,000.00 Engineering 270-5742-5500 Simpson Center - ADA Parking and Fire Lane work $350,000.00 Engineering 270-5736-5500 Paint for Library need quote Library/Public Works-Engineering 270-xxxx-???? Simpson Center Improvements - Acoustics, freshen up need quote Public Works/Engineering 270-xxxx-???? Soccer Field at Gibbel Park need quote Public Works/Engineering 270-xxxx-???? My City Youth contribution TBD 270-xxxx-????
Additional Roadway Improvements TBD Engineering 270-xxxx-???? 'Government Services' projects - approved under '$10M Standard Allowance' $6,290,491.00

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Fire Department
Submitted by: Christopher Lopez, City Manager
Eddie Sell, Fire Chief;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Declaring a Hazardous Condition Pursuant to Government Code Sections 39560 et seq. Relating to Weeds, Rubbish, and Refuse Upon Parkways or Private Property within the City of Hemet

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Adopt a Resolution of the City Council of the City of Hemet, California, declaring a hazardous condition pursuant to Government Code Section 39560 Et Seq. relating to weeds, rubbish, an d refuse upon parkways or private property within the city; and

2. Set a Public Hearing on June 28, 2022, for objections to the proposed weed abatement.

BACKGROUND:

Each year, the winter rains cause weeds to grow in parkways and private properties within the City of Hemet. If left unattended, the weeds grow and dry out during the warm summer months, and result in a fire hazard to nearby structures.

Additionally, vacant lots and other areas tend to attract rubbish and refuse over the course of the year through illegal dumping or homeless encampments. These items provide fuel to fires that can threaten nearby structures.

The attached Resolution establishes a weed abatement procedure outlined in Government Code section 39501 and 39502, and section 39560 et seq. This Resolution requires the Council to declare weeds to be a public nuisance on known properties, offer notice to property owners, and establish an opportunity to be heard as to why said weeds should not be abated.

ANALYSIS:

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In 2019, the Fire Department instituted a weed abatement program to reduce grass and rubbish fires occurring in parkways and private properties within the City limits. All affected property owners were notified and given an opportunity to abate the hazard themselves within a specified time frame. After the time frame passed, a contracted company would inspect the property and abate the hazard if it still existed. The cost of this abatement would be passed on to the property owner with an additional administrative fee.

The number of fires in vacant lots between 2018 and 2019 dropped dramatically, and thus the weed abatement program became an annual action to mitigate the damage from weed, rubbish, and refuse fires.

DISCUSSION:

Once approved by the City Council, letters will be sent to property owners allowing approximately 30 days to comply with abatement requirements. Property owne rs who fail to comply will have their property abated by the City of Hemet contractors and billed by the City for services rendered. All abatements should be completed within 90 days of Council approval.

PREVIOUS COUNCIL ACTION:

The City Council has approved the weed abatement Resolution each year since 2019.

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 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 2: Increase transparency for the public.

FISCAL IMPACT:

There is no General Fund impact related to this item.

ATTACHMENT(S):

Attachment 1_ Weed Abatement Resolution 2022

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City of Hemet 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, DECLARING PUBLIC

NUISANCE BY VIRTUE OF WEED GROWTH AND/OR

ACCUMULATION OF RUBBISH, DEBRIS, AND/OR

DIRT ON PRIVATE PROPERTY PURSUANT TO
GOVERNMENT CODE SECTIONS 39560-39588
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council or the City of Hemet has the power and authority pursuant to the provisions of California Government Code Section 39560 et seq. to declare weeds and rubbish and/or refuse growing on parkways or private property a hazardous condition and to abate such hazard as part of the fire prevention activities; and
WHEREAS, it is in the interest of the health, safety and public welfare of the residents of the City of Hemet that the City Council review and determine whether weeds, rubbish and/ or refuse growing on parkways or private property within the City of Hemet constitutes a hazardous condition if it does not abate that condition; and WHEREAS, the City of Hemet has conducted a review of properties located within its boundaries and has determined that weeds, rubbish and/ or refuse exists on those properties identified in Exhibit `A" hereto, constituting a fire hazard which must be abated under the provisions of California Government Code Section 39560 et seq.; and in accord with the provision of Sections 30-31 of the Hemet Municipal Code and Section 1103. 2 of the Uniform Fire Code

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City of Hemet Resolution No. 2022-xxx

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. Pursuant to Government Code sections 39560-39588, the City Council hereby declares the dangerous or noxious weeds growing and/or the accumulation of debris upon all the properties described in Exhibit A, and each parcel thereof, constitute a public nuisance, which must be abated by the removal of those weeds and/or debris from those parcels of property and they shall be removed and the nuisance abated by the City. After the order to abate has been issued, the cost of investigation, boundary determination, measurement, clerical and other related costs, including removal, shall be assessed upon the land from which the weeds and/or debris will have been removed, and such charges will constitute a lien upon the applicable properties until paid.

SECTION 2. June 28, 2022, at 7:00 p.m., in the Hemet City Council Chambers is hereby fixed as the time and place for hearing objections to the proposed removal of such weeds and the entry of the order to abate.

SECTION 3. The City Clerk, pursuant to Government Code section 39567.1, is directed to mail written notice of this Resolution to all persons owning properties described on attached Exhibit A, at least five days prior to June 28, 2022, in the form attached as Exhibit B. That mailing is an alternative to the posting required by Government Code section 39564, and no posting shall be required.

SECTION 4. Pursuant to Government Code section 39562.1, the City Council finds and declares the weeds on the properties described in Exhibit A are seasonal and recurrent nuisances. Accordingly, any subsequent occurrence of such nuisance

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City of Hemet Resolution No. 2022-xxx
within this calendar year may be abated in accordance with Government Code section 39562.1, without further public hearing and with notice to the subject property owners by post card.

SECTION 5. This Resolution is effective immediately upon adoption.

PASSED, APPROVED AND ADOPTED this 24th day of May, 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 24th day of May, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:.

ABSTAIN: Council Members:.

ABSENT: Council Members:.
_____________________________
John Paul Maier, City

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“EXHIBIT A”

APN NUMBERS FOR WEED ABATEMENT
447-172-001
447-172-002
447-172-003
447-172-004
447-172-005
447-172-006
447-172-007
447-172-008
445-321-018
445-270-047
448-270-048
445-270-041
445-270-053
445-300-003
445-300-002
446-091-008
446-300-008
451-100-003
451-100-031
451-100-022
464-270-001
464-270-002
464-270-003
464-270-004
464-270-005
464-270-006
464-270-008
464-270-009
464-300-001
464-300-002
446-300-005
446-300-011
464-311-009
464-311-001
464-311-002
464-311-003
464-311-004
439-331-028
464-311-005
464-311-006
464-311-007
464-311-008
464-312-001
464-312-002
464-312-003
464-312-004
464-312-005
464-312-006
464-312-007
464-312-008
464-312-009
455-130-010
455-130-011
455-130-012
455-130-015
455-120-014
455-110-010
455-110-011
455-110-012
455-110-014
448-060-007
448-120-011
448-230-021
444-100-008
442-060-027
448-430-001
442-073-017
443-172-046
443-172-047
443-172-048
443-172-049
442-053-001
442-030-001
442-030-005
439-370-001
439-370-002
439-370-003
439-370-003
439-370-004
439-370-005
439-370-006
439-370-007
439-370-008
439-370-009
439-370-010
439-370-025
439-370-024
439-370-023
439-370-011
439-370-012
439-370-013
439-370-014
439-370-015
439-370-016
439-370-017
439-370-018
439-370-019
439-370-020
439-370-021
439-331-040
439-331-041
439-331-042
439-331-036
439-331-035
439-331-034
439-331-033
439-331-032
439-331-030
439-331-039
439-331-027
439-331-026
439-331-025
439-331-024
439-331-023
439-331-020
439-331-018
439-331-017
439-331-015
439-331-002
439-331-003
439-331-004
439-331-006
439-331-008
439-334-002
439-334-008
439-334-007
439-334-006
439-373-031
439-373-030
439-373-029
439-373-028
439-373-027
439-373-026
439-373-025
439-373-024
439-373-023
439-373-022
439-373-021
439-373-020
439-373-019
439-373-018
439-373-017
439-373-016
439-373-015.
439-371-011
439-371-010
439-371-009
439-371-008
439-371-007
439-371-006
439-371-005
439-371-004

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439-371-003
439-371-002
439-371-001
439-332-016
439-332-015
439-332-001
439-332-003
439-332-004
439-332-005
439-332-007
439-332-008
439-332-010
439-333-021
139-333-013
439-333-015
439-331-014
439-331-013
439-331-012
439-331-011
439-331-010
439-331-009
439-334-001
439-334-003
439-334-004
439-334-005
439-373-001
439-373-002
439-373-003
439-373-004
439-373-005
439-373-006
439-373-007
439-373-008
439-373-009
439-373-010
439-373-011
439-373-012
439-373-013
439-373-014
439-371-012
439-371-013
439-371-014
439-371-015
439-371-016
439-371-017
439-371-018
439-371-019
439-332-017
439-332-018
439-332-019
439-332-013
439-332-012
439-332-010
439-332-009
439-333-009
439-333-006
439-333-018
439-333-020
439-333-035
439-333-034
439-333-033
439-333-032
439-372-019
439-372-018
439-372-017
439-372-016
439-372-015
439-372-014
439-372-013
439-372-012
439-372-011
439-372-010
439-372-009
439-372-008
439-372-007
439-372-006
438-250-001
551-560-010
439-372-005
439-372-004
439-372-003
439-372-002
439-372-001
439-333-031
439-333-030
439-333-029
439-333-028
439-333-027
439-333-026
439-333-025
439-333-024
439-333-001
439-333-002
439-333-003
439-333-004
439-333-005
439-333-006
439-333-008
439-050-028
439-050-046
439-090-021
439-080-009
439-080-056
439-080-004
439-100-026
439-100-027
439-100-029
439-100-035
439-090-022
439-080-004
439-080-013
439-170-009
439-230-001
439-230-005
438-250-002
438-250-003
445-220-020
445-232-022
445-220-003
445-232-018
445-210-008
438-321-004
551-190-009
551-190-010
551-190-022
551-321-009
551-321-008
551-180-009
551-491-017
551-491-018
551-491-019
551-492-007
551-493-015
551-493-014
551-493-013
551-493-012
551-493-005
551-493-011
551-493-010
551-493-009
551-493-008
551-493-007
551-493-006
551-560-001
551-560-002
551-560-003
551-560-004
551-560-005
551-560-006
551-560-007
551-560-008
551-560-009

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551-560-011
551-560-012
551-560-013
551-560-014
551-560-015
551-560-016
551-560-017
551-560-018
551-560-019
551-560-020
551-560-021
551-561-001
551-561-002
551-561-003
551-561-004
551-561-005
551-561-006
551-561-007
551-561-008
551-561-009
551-561-010
551-561-011
551-561-012
551-561-013
551-561-014
551-561-015
551-561-016
551-561-017
551-561-018
551-561-019
551-561-020
551-561-021
551-561-022
551-561-023
551-561-024
551-561-025
551-561-026
551-561-027
551-561-028
551-561-029
551-561-031
551-561-032
551-561-033
551-561-034
551-561-035
551-561-036
551-561-037
551-561-038
551-561-039
551-561-040
551-561-041
551-561-042
551-561-043
551-561-044
551-562-001
551-562-002
551-562-003
551-562-004
551-562-005
551-562-006
551-562-007
551-562-008
551-562-009
551-562-010
551-562-011
551-562-012
551-562-013
551-562-014
551-562-015
551-562-016
551-562-017
551-562-018
551-562-019
551-562-020
551-562-021
551-562-022
551-562-023
551-562-024
551-562-025
551-562-026
551-563-001

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“EXHIBIT B”

NOTICE TO DESTROY WEEDS AND

REMOVE RUBBISH, REDUSE AND DIRT
Notice is given that on May 24, 2022, the City Council of the City of Hemet passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, listed at this APN number, and that rubbish and refuse were upon or in front of this property on this street and more particularly described in the resolution, and that they constitute a public nuisance that must be abated by the removal of the weeds, rubbish and refuse. Otherwise, they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or in front the which the weeds, rubbish and refuse are removed and will constitute lien upon such land until paid.

Reference is made to the resolution for further particulars. A copy of the resolution is on file in the office of the City Clerk. All property owners having any objections to the proposed removal of the weeds, rubbish and refuse are notified to attend a meeting of the City Council of the City of Hemet to be held on June 28, 2022, when their objections will be heard and given due consideration. _______________________ _______________________
Fire Chief City Clerk

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Community Development
Submitted by: Christopher Lopez, City Manager
H. P. Kang, Community Development Director, Monique Alaniz-Flejter, Principal Planner;

☐ 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 for Services Between the City of Hemet and Dudek, for the Preparation of a California Environmental Quality Act (CEQA) Documents and Peer Review for the Proposed JD F ields Pipe Facility Located at the East of South Gilmore Street and North of the Railroads Tracks, for a Not -To-Exceed Contract Amount of $66,306.11 to be Paid for by the Developer, JD Fields; And a CEQA Document Preparation and Deposit Agreement Between the City, Dudek and JD Fields for the JD Fields Pipe Facility Project

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 for Services Between the City of Hemet and Dudek, for the Preparation of a California Environmental Quality Act (CEQA) Documents and Peer Review for the Proposed JD Fields Pipe Facility Located at the East of South Gilmore Street and North of the Railroads Tracks, for a Not-To-Exceed Contract Amount of $66,306.11 to be Paid for by the Developer, JD Fields; And a CEQA Document Preparation and Deposit Agreement Between the City, Dudek and JD Fields for the JD Fields Pipe Facility Project.

BACKGROUND:

The City of Hemet received an application for a Site Development Review (SDR) to construct a new 25,000 square foot warehouse building with office space and outdoor storage on a 9.52 -acre vacant property located at the east of South Gilmore Street and north of the railroad s tracks. The operation will consist of the fabrication, storage, and distribution of steel and PVC pipes.

The proposed project will require environmental review in compliance with the California Environmental Quality Act (CEQA) guidelines. Due to curren t CEQA standards, Planning Staff has determined that the proposed project requires the preparation of an Initial Study and Mitigated Negative Declaration to comply with CEQA regulations.

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Staff released a Request for Proposals (RFP) to qualified environme ntal consultant firms for the preparation of the CEQA documents on March 8, 2022 with a closing date of March 22, 2022. Three (3) consultant firms submitted proposals. In the selection process, staff determined that all of the firms are well established an d technically qualified environmental consulting firms. After a thorough review of the proposals, staff determined that Dudek was the most responsive to the requested scope of work, schedule, and cost estimate to complete the work, and selected this firm t o prepare the CEQA document under the City's direction for a not -to-exceed amount of $66,306.11. Dudek also has prior experience in the City of Hemet and is familiar with the project site and the potential environmental issues.

ANALYSIS:

The attached contract is the standard form agreement for consultant services. When the amount of the contract is over $50,000, it requires City Council authorization to have the City enter into the contract with the consultant. However, all costs associate d with the contract and preparation of the CEQA document for the project are to be paid for by the applicant, JD Fields. In conjunction with the approval of the contract; the developer, the City, and the consultant will enter into a separate tri-party agreement called a "CEQA Document Preparation and Deposit Contract", which establishes that all costs are paid for by the developer through a deposit account with the City. Included in the cost is the 20 percent (20%) for staff time and city attorney time to r eview and administer the CEQA document and required public hearing and CEQA review process.

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: operate in a financially sustainable manner by identifying the work needed inside the City organization to effectively provide services to th e community and ensure financial stability, and to operate in a financially sustainable manner.

FISCAL IMPACT:

As all of the costs associated with the preparation, administration and review of the required CEQA documents are paid for by the developer through a deposit account with the City, there is no impact or allocation from the City's General Fund required as a result of this Agreement for Services.

ATTACHMENT(S):

Attachment 1: CC Resolution CEQA agreements - JD Fields Pipe Facility 051222 Attachment 2: Dudek - Tri-Party Agreement for CEQA Document Preparation (Hemet) Attachment 3: JD Fields Pipe Facility CEQA Consulting Services RFP

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CITY COUNCIL RESOLUTION NO. 2022-______

CITY OF HEMET
Hemet, California
RESOLUTION NO.

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HEMET,

CALIFORNIA, TO APPROVE AN

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF HEMET AND

DUDEK, FOR THE PREPARATION OF

AN CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) DOCUMENTS

AND PEER REVIEW FOR THE

PROPOSED JD FIELDS PIPE FACILITY

LOCATED AT THE EAST OF SOUTH

GILMORE STREET AND NORTH OF

THE RAILROADS TRACKS, FOR A

NOT-TO-EXCEED CONTRACT
AMOUNT OF $66,306.11 TO BE PAID
FOR BY THE DEVELOPER, JD FIELDS;

AND A CEQA DOCUMENT

PREPARATION AND DEPOSIT

AGREEMENT BETWEEN THE CITY,

DUDEK AND JD FIELDS FOR THE JD
FIELDS PIPE FACILITY PROJECT.

WHEREAS, the JD Fields Pipe Facility project
(Project) was submitted to the City of Hemet Planning
Division for processing; and
WHEREAS, the City of Hemet requested
Request For Proposal (RFP) to qualified
environmental consultant firms for the preparation of
the California Environmental Quality Act (CEQA)
document and peer review on March 8, 2022; and
WHEREAS, the City of Hemet RFP closed on
March 22, 2022 at 3:00 PM; and

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CITY COUNCIL RESOLUTION NO. 2022-______
WHEREAS, the City of Hemet received three
(3) proposals; and
WHEREAS, the proposals were reviewed
based on the scope of work, schedule, and cost
estimate to complete the work, and the City selected
the Dudek firm to prepare the California
Environmental Quality Act (CEQA) document and
peer review under the City's direction.

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE AS FOLLOWS:

SECTION 1. Incorporation of Recitals, The
City Council of the City of Hemet finds and
determines that the above referenced recitals are true
and correct and the material to this Resolution.

SECTION 2. City Council Actions.

1. The CEQA Document Preparation and
Deposit Contract between the City of Hemet, Dudek
and JD Fields attached hereto as Exhibit A is
approved.

2. The Agreement for Services between
the City of Hemet and Dudek attached hereto as
Exhibit B is approved.

3. The City Manager is authorized to
execute the CEQA Document Preparation and
Deposit Contract and the Agreement for Services
approved by this Resolution.

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CITY COUNCIL RESOLUTION NO. 2022-______
PASSED, APPROVED AND ADOPTED this
24th day of May, 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-______
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 24th
day of May, 2022, and was passed by the following
vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Paul Maier, City Clerk

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EXHIBIT A

CEQA DOCUMENT PREPARATION AND

DEPOSIT CONTRACT

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EXHIBIT B

AGREEMENT FOR SERVICES

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- 1 -
RIV #4833-2242-0520 v3
DRAFT 10/7/20

CEQA DOCUMENT PREPARATION

AND DEPOSIT CONTRACT
This CEQA Document Preparation and Deposit Contract (“Contract”) is made and entered into as of May 11, 2022, by and among the City of Hemet, a California municipal corporation, (“City”), J.D. Fields, a California Corporation, (“Applicant”), and Dudek, a Californa Corporation (“Consultant”). Hereafter, City, Applicant and Consultant may be collectively referred to as the “Parties.”

RECITALS
A. The California Environmental Quality Act (“CEQA”) [Public Resources Code § 21000 et seq.] makes lead agencies responsible for determining whether an environmental impact report (“EIR”), a negative declaration (“ND”), or a mitigated negative declaration (“MND”) is to be required for any project. CEQA also provides that any such EIR, ND, or MND be prepared directly by, or under contract to, the legal agency.

B. Applicant has applied to the City for one or more land use approvals for that project (“Project”) more particularly described in the “Project Description” attached hereto and incorporated herein by reference as Exhibit “A”.

C. City is the lead agency under CEQA for the Project. Based on its preliminary review and consultation with Applicant, City has determined that an MND (“CEQA Document”) is required for the Project to adequately assess its potentially significant impacts. Pursuant to Public Resources Code § 21080.1(a) City’s determination that this particular CEQA Document required for the Project is final and conclusive.

D. Consultant is a qualified environmental and/or land use planning firm. City, in consultation with Applicant, has selected Consultant to prepare the CEQA Document and any related studies, surveys, and reports as may be required to comply with CEQA.

Consultant has prepared a “Scope of Work” attached hereto and incorporated herein by reference as Exhibit “B”, outlining the breadth of analysis and the tasks to be performed to prepare the CEQA Document.

E. Applicant and Consultant acknowledge that as the lead agency, City is responsible for complying with CEQA and the State CEQA Guidelines (“CEQA Guidelines”) [14 Cal. Code Regs. § 15000 et seq], that the City is responsible for the adequacy of its environmental documents, that the City cannot rely on comments from other public agencies or private citizens as a substitute for work CEQA requires, and that this particular CEQA Document must reflect the independent judgment of the City.

Applicant and Consultant further acknowledge that as a result of these responsibilities, the CEQA Document is to be prepared and completed to reflect City’s independent judgment, to comply with CEQA and the CEQA Guidelines, and to comport with all applicable professional standards.

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F. CEQA authorizes City, as the lead agency, to charge and collect a reasonable fee from Applicant to recover the estimated costs incurred in preparing the CEQA Document and for procedures necessary to comply with CEQA regarding the Project. Applicant acknowledges that it is responsible for the payment of these costs as provided in this Contract.

G. City and Consultant acknowledge that CEQA and the CEQA Guidelines encourage the completion of the CEQA Document within certain time limits and that lead agencies should reduce delay and paperwork in the preparation of CEQA Documents.

H. Based on the foregoing Recitals, Applicant, City, and Consultant now desire to enter into this Contract for the preparation of the CEQA Document determined to be necessary for the Project.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the above recitals and the mutual covenant hereafter set forth, the parties agree as follows:

Article 1.0 Applicants Obligations

1.1 CEQA Document Costs. Applicant shall pay all costs incurred for the preparation and completion of the CEQA Document.

1.2 Consultant Charges. Consultant’s estimated charges for services and reimbursable expenses for preparation and completion of the CEQA Document, pursuant to that Consultant Services Agreement between Consultant and City, a copy of which is attached hereto as Exhibit “C”, are $66,306.11.

1.3 City Charges. In the fulfillment of its responsibilities under CEQA, the City will incur costs relating to administering the contract with Consultant, reviewing and commenting upon work of Consultant, preparing staff reports and recommendations, attending community and public meetings, and preparing and filing required notices, copying, reproduction, and printing costs, publication, filing, and mailing costs, and materials costs, among other things. City’s estimated charges for services and reimbursable expenses related to the CEQA Document are $ ______________, as described more fully in Exhibit “D” hereto.

1.4 Deposits. Applicant acknowledges that the Consultant estimated charges and the City estimated charges are estimates only and the actual costs may be higher.

Applicant agrees to pay all Consultant charges and City charges even if those charges exceed the cost estimates provided in this Contract. To ensure timely payment and performance, Applicant shall deposit the Consultant’s and City’s estimated charges (Total Estimated Cost) with the City as follows:

1.4.1 Initial Deposit. Within ten (10) business days after the Effective Date of this Contract, Applicant shall deposit $22,102.04 with the City, being an amount

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equal to one third (1/3) of the Total Estimated Cost. Within thirty (30) business days after the Effective Date of this Contract, Applicant shall deposit with the City the remaining balance of the Total Estimated Cost, which is $44,204.07.

1.4.2 Subsequent Deposits. Applicant shall be responsible for making subsequent deposits with City if necessary. At such time as the Initial Deposit is reduced to either ten percent (10%) of its original amount or $1,000, whichever is greater, City shall invoice the Applicant for a subsequent deposit in an amount determined to be sufficient by the City to complete the next logical phase of work on the CEQA Document. Applicant shall deposit the invoiced amount with City within ten (10) business days after receipt of such invoice.

1.4.3 Return of Excess Deposits. Any excess of the amount deposited over the actual cost incurred by City in connection with preparation of the CEQA Document shall be refunded by City to Applicant within 15 days from the date a Notice of Determination in connection with the subject proposed Project is filed with the County Clerk.

1.4.4 No Obligation for City to Complete. Applicant understands and agrees that City shall have no obligation complete the CEQA Document, consider the CEQA Documents for approval, or to pay or incur any costs related thereto, in the event the that Applicant fails to deposit the funds required under Article 1.0 of this Contract. In no event shall City have any responsibility to incur or pay any cost for the preparation and completion of the CEQA Document, or any other activities associated with public review, comment, and consideration (such as preparing, posting, and filing notices, circulating copies of the CEQA Documents, or reviewing and recommending the CEQA Document for approval), except to the extent that Applicant has provided the deposits and funds to pay for such activities as provided under this Contract.

1.5 Communication. Applicant hereby agrees that its officers, employees, contractors, agencies or other representatives shall not communicate with, or discuss any matters relating to the CEQA Document with the Consultant engaged by City to prepare the CEQA Document without prior approval from the Community Development Director or her duly authorized representative. Applicant further agrees that all questions regarding scheduling, content, or distribution of the CEQA Document, or any related matters, shall be addressed to the City staff, not the Consultant. The purpose of this provision is to ensure that the CEQA Document prepared will be objective and prepared on behalf of the City, and not a document prepared for purposes of advocating approval of the private proposed project to which it relates.

1.6 Representations. Applicant understands and acknowledges that, although City shall use reasonable efforts to see that the CEQA Document is completed in compliance with the requirements of CEQA and the State CEQA Guidelines, City does not guarantee, warranty, or in any way represent that the CEQA Document will or would be found legally valid by a court of competent jurisdiction in the event of a legal challenge to the CEQA Document by any litigant, and no term of this Contract is intended to be, or shall be, construed to express or imply such guarantee, warranty, or

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representation. Applicant further understands and acknowledges that neither City’s receipt of the amounts specified under this Contract from Applicant, nor any other term of this Contract, is intended to be, or shall be, construed to express or imply that City agrees or intends to assume or reimburse the cost of attorney’s fees, or any other cost, expense or obligation, that would be incurred in undertaking, in whole or in part, the legal defense to any lawsuit or other legal action challenging the validity of the CEQA Document by any litigant.

1.7 Peer Review. Applicant agrees to pay all costs associated with peer review of any document prepared in connection with the CEQA Document if a valid public controversy arises with respect to the CEQA Document. Peer review shall be conducted by the Applicant hiring an environmental consulting firm approved by the City to critique the adequacy of the CEQA Document (or any technical document pertaining thereto) so that the appropriate approval body can make an informed decision with respect to the environmental effects of the Project. For purposes of this section, a valid public controversy shall mean any of the following:
(1) submission of other differing scientific opinions with respect to the CEQA Document;
(2) submission of credible evidence in opposition to evidence contained within the CEQA Document;
(3) submission of additional credible information which was omitted from the CEQA Document.

Article 2.0 Consultants Obligations

2.1 Preparation of CEQA Document. Consultant shall prepare the CEQA Document identified in Recital C of this Contract. If an EIR is to be prepared as the CEQA Document, the Consultant shall prepare the administrative draft, draft and Final EIR and responses to comments.

2.2 Attendance at Public Hearings. The Consultant shall attend all public hearings in connection with the subject proposed Project.

2.3 City Documents. The City shall maintain ownership, custody and control over all documents prepared by Consultant including, but not limited to, the CEQA Document.

2.4 Meetings. Both Applicant and Consultant agree not to hold meetings concerning the proposed Project without the City present.

Article 3.0 City Obligations

3.1 Review Materials. City shall review and analyze all materials submitted in connection with the CEQA Documents as timely as practicable under the

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circumstances. City shall timely notify and work with Consultant regarding changes or modifications to any CEQA Documents.

3.2 Coordinate Meetings of Parties. City shall use its best efforts to coordinate and arrange meetings between City, Consultant and Applicant from time to time as the need arises.

3.3 Submit to Approval Body. Upon the satisfactory completion of the CEQA Document and all other City application processing requirements, City shall submit the Project for a hearing to the appropriate approval body of the City.

Article 4.0 Indemnity

4.1 Indemnity. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Article 5.0 General Provisions.

5.1 Attorney’s Fees. In the event any action is instituted to enforce the terms of this Contract, including any action to recover damages, to obtain injunctive relief, or to appeal any judgment or order of the court, the prevailing party in such action shall be entitled to entry of judgment for an amount equal to its reasonable attorneys’ fees, expert witness fees and costs, and costs of suit in addition to such other relief to which it may be entitled. The provisions of this subsection shall in no way limit the scope of either party’s obligations under this Contract.

5.2 Assignment. This Contract and any and all rights, duties and obligations set forth herein shall not be assigned or transferred by any party.

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5.3 Amendments. This Contract may be amended only by a document in writing and signed by each of the parties to this Contract.

5.4 Entire Agreement. This Contract contains the entire agreement and understanding between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements oral or written, are merged herein, and shall be of no force or effect.

California law shall govern the interpretation and enforcement of this Contract.

5.5 Severability. If any covenant, term or condition of this Contract or any application thereof shall be invalid or unenforceable, the remainder of this Contract shall not be affected thereby.

5.6 Authority. The parties hereto warrant and represent that each has the legal right, power and authority to enter into this Contract and to perform all of its obligations hereunder and that the execution and delivery of this Contract have been duly authorized.

5.7 Effective Date of Contract. This Contract shall not become effective until the date it has been executed by the appropriate authorities of City, Consultant & Applicant.

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IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the effective date set forth above.
“CITY”
City of Hemet
By:

Christopher R. Lopez, City Manager
ATTEST:
_____________________________
John Maier, City Clerk
APPROVED AS TO FORM:
_____________________________
Steven Graham, City Attorney
“APPLICANT”
Dudek
By:
[Name, Title]
[Name, Title]

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“CONSULTANT”
[Name of Firm]
By:
[Name, Title]
[Name, Title]

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EXHIBIT “A”
Tri-Party Contract for Consultant Services
Project Description
Project Name: Site Development Review SDR21-021
Applicant: JD Fields & Company, Inc. C/O Foxgate Capital Project Location: East side of S. Gilmore Street and approximately 700 feet south of W. Acacia Avenue
Project APN: 456-140-008
The Project applicant proposes the development of an approximately 25,000 square foot (sq.ft.) metal/prefab modular warehouse building consisting of approximately 22,000 sq.ft. warehouse space and approximately 3,000 sq.ft. office, and an 11,961 sq.ft. infiltration basin. The Project would also include approximately 60 parking stalls that include standard auto parking stalls and three accessible parking stalls, including three loading and off-loading truck dock doors, interior drives, 7.0 acres (308,000 sq.ft.) of laydown or outdoor storage facility, six-foot-tall perimeter fencing, and landscaping.

The proposed warehouse facility is anticipated to be utilized by the owner/operator, JD Fields & Company, for receipt/delivery, storage, fabrication and distribution of steel/pvc pipe, steel piling, plumping equipment, valves and flanges.

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EXHIBIT “B”
Tri-Party Contract for Consultant Services
Scope of Work

SERVICES TO BE PROVIDED
a. Conduct a third-party peer review of the Initial Study/Mitigated Negative Declaration (IS/MND) prepared by Kimley-Horn and Associates (Kimley-Horn). The peer review is an independent assessment of the CEQA document, including the identification of additional studies or appendices needed, completeness of document, and technical review of studies provided.
b. Review the project per City’s Climate Action Plan.
c. Prepare transmittal notices pursuant to SB 18 and AB 52 requirements, responding to comments from affected tribes, and conducting consultation meetings, as necessary. d. Prepare a notice of Intent to Adopt a MND
e. Perform all required CEQA postings and noticing.
f. Attend at least two public hearing. Provide staff support during public meetings as needed, including responding to Planning Commission inquiries regarding the technical analysis in the IS.
g. Attend meetings with Planning staff as necessary.
h. Prepare the Notice of Determination.

TECHNICAL STUDIES REVIEW AND PREPARE
a. The following studies have been prepared by the applicant’s consultant. These studies shall be peer reviewed and utilized in the CEQA document review. i. Air Quality
ii. Biological Habitat Assessment and Western Riverside County MSHCP Consistency Analysis
iii. Cultural & Paleontology

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iv. Geotechnical Report
v. Greenhouse Gas Emissions
vi. Phase I Environmental Assessment Report (ESA)
vii. Hydrology
viii. Preliminary Water Quality Management Plan (WQMP)
ix. Noise
x. Traffic Study

PROJECT DELIVERABLES
a. All CEQA public notices required in MSWord
b. Three (3) printed and bound copies and one (1) electronic copy of the Administrative Draft IS/EIR.
c. Three (3) printed and bound copies and one (1) electronic copy of the Final Draft IS/EIR and all appendices.

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EXHIBIT “C”
Tri-Party Contract for Consultant Services
Consultant Services Agreement between the Consultant and the City See Attachment

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EXHIBIT “D”
Estimate of City Costs Related to the CEQA Document

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March 18, 2022
Candace Sunds
Attn: Procurement
City of Hemet
445 E. Florida Avenue
Hemet, California 92543
Subject: Proposal for CEQA Consulting Services for the JD Fields Pipe Facility, City of Hemet Dear Ms. Sunds:

Dudek is pleased to submit this proposal to provide a third-party review of the JD Fields Pipe Facility Initial Study/Mitigated Negative Declaration (IS/MND) and associated technical reports for the City of Hemet (City; Client). The JD Fields Pipe Facility is herein referred to as “the project.” In accordance with the Request for Proposal provided by the City on March 8, 2022, this proposal includes a scope of services, schedule, and budget. The budget is provided under separate cover, as requested. 1 Scope of Services
TASK 1 AIR QUALITY REPORT REVIEW
Dudek will provide a peer review of the air quality technical report prepared for the project to ensure adequacy relevant to the California Environmental Quality Act (CEQA). The project details, analysis methodology, modeling results, impact findings, and mitigation measures (if applicable) will be verified by a Dudek air quality specialist.

Dudek will verify that the air quality analysis was appropriately performed in accordance with the South Coast Air Quality Management District’s guidance and emissions-based thresholds. Dudek assumes that the complete analyses, including the emissions modeling input and output files will be provided. Due to the proposal for an industrial use near residential uses, Dudek does see this as a potential topic of concern.

Dudek assumes that a construction or operational health risk assessment has not been prepared for the project.

If a health risk assessment or dispersion modeling is included in the air quality analysis, Dudek can review these analyses under a separate scope and budget as an optional task as defined below. This effort is considered additional because health risk assessments and dispersion modeling typically use AERMOD, as required by the South Coast Air Quality Management District, which is a different model than what is used to estimate criteria air pollutant and GHG emissions (i.e., California Emissions Estimator Model [CalEEMod]). Review of a carbon monoxide hotspot assessment, if required for the project, is included in our scope and budget.

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TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 2
The results of the peer review and any recommendations and/or comments will be summarized in a brief memorandum. Two rounds of comments about corrections/changes that need to be made in order to meet the CEQA documentation requirements is included in our budget estimate.

TASK 2 BIOLOGICAL HABITAT ASSESSMENT AND WESTERN RIVERSIDE COUNTY MSHCP

CONSISTENCY ANALYSIS REVIEW
Qualified Dudek biologists will conduct a third-party peer review of the Biological Habitat Assessment and Western Riverside County MSHCP Consistency Analysis (Assessment/Analysis) prepared by Kimley-Horn and Associates for the project. The peer review will be conducted to ensure this technical report adequately addresses CEQA requirements for analysis of biological resources and is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The project site is not located within an MSHCP Criteria Cell, and is not subject to any of the covered species survey areas. However, the site would still be required to conduct an assessment for MSHCP Section 6.1.2 resources (riparian/riverine, vernal pools, and suitability for listed fairy shrimp), and if present, would need to address accordingly.

Key items that Dudek will ensure are included in the technical report are: (1) a discussion of all relevant federal, state, and local plans, policies and regulations applicable to biological resources; (2) descriptions and figures that clearly illustrate biological resources, including jurisdictional aquatic resources (i.e., wetland or waters of the United States/state, including MSHCP Section 6.1.2 resources); (3) clear statements of “potential to occur” for all special-status species on the project site and surrounding vicinity; (4) analysis of wildlife nurseries and migration corridors on site; and (5) a discussion of the project’s relationship and/or consistency with the MSHCP and other applicable regional conservation planning efforts. If the technical report includes an impact analysis, Dudek biologists will review the impact conclusions and determine the adequacy of any proposed bio-related mitigation.

To conduct this review, Dudek will need a complete copy of the Assessment/Analysis and all technical appendices, including assessment and survey reports, if applicable. This scope assumes not more than two technical report appendices would be included as attachments to the Assessment/Analysis.

The results of the peer review and any comments will be summarized in a brief technical memorandum. Two rounds of comments/memorandum revisions are included in our budget estimate.

TASK 3 CULTURAL AND PALEONTOLOGY REPORT REVIEW , AND TRIBAL

CONSULTATION ASSISTANCE
Cultural Resources Report Review
A qualified Dudek cultural resources specialist will review the cultural resources technical report (and all supporting documentation) prepared for the City of Hemet for the project to determine its adherence to all applicable regulations pursuant to CEQA, federal, state, and Riverside County cultural resources regulations, and any other applicable guidelines and industry standards. A memorandum of findings outlining any technical inadequacies observed in the documentation will be prepared. The review will verify that the assessment contains adequate background research and methodology, appropriate consideration of state and local designation criteria and integrity requirements, and well-supported findings. Dudek will provide detailed recommendations for completion of such work in the findings memorandum, which will detail the results of the peer review, including a description of the assessment’s adequacy, a bulleted breakdown of any issues that should be addressed, and recommendations for additional work, if applicable. Two rounds of comments/memorandum revisions is included in our budget estimates.

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TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 3
Tribal Consultation Assistance
The project is subject to compliance with Assembly Bill (AB) 52, which requires lead agencies to provide tribes (who have requested notification) with early notification of the project. It is also subject to compliance to Senate Bill (SB) 18, which requires a planning agency to provide opportunities for the involvement of California Native American tribes when a general plan is prepared or amended.

While SB 18 and AB 52 are government-to-government processes between the CEQA lead agency and California Native American Tribes, upon approval, Dudek will assist the City with their Native American consultation obligations pursuant to SB 18 and AB 52. Assistance with these efforts would be accomplished by the following: (1) write outreach letter for the City’s approval and placement on City letterhead for dissemination to each of the tribal representatives who have previously contacted the City requesting project notification and, if requested by the City any additional names provided by the Native American Heritage Commission (NAHC) during the Sacred Lands File Search. The letter may include any or all of the following: a summary of the proposed project and objectives, the results of the cultural resources study, and a clear statement requesting all communication within 30 and 90 days of receipt of notification under AB 52 and SB 18, respectively; (2) manage all communication provided by the City into a well-organized database; and (3) summarize the results of all communication and tribal consultation efforts provided by the City, including the NAHC records request and any responses from local tribal representatives and transcripts of consultation meetings. The purpose of creating this database is to provide the City with the data necessary to best inform the environmental review process with regards to Tribal Cultural Resources.

This scope and associated estimated cost includes attendance of Dudek Staff at virtual meeting/s with the City totaling no more than two meetings, one hour per meeting, and may include the following support as appropriate:

1. Discussion regarding the SB 18/AB 52 process, which includes an overview of the SB 18/AB 52 process;

2. Meeting with the City (no tribal entities included in the meeting) in preparation for consultation with tribal entities that have requested consultation; or

3. Attending consultation call/s coordinated by the City with tribal entities that have requested consultation.

Please note that the following conditions apply for this support request:
▪ The City notifies and requests approval from the consulting tribe for attendance of Dudek’s Cultural Resource specialist(s) during the consultation call. This is to ensure that the government-to- government process is retained in deed and perception from both the City and the consulting tribe. ▪ Given that the SB 18/AB 52 consultation is a government-to-government process, Dudek’s role during the meeting would only be to provide the nature and results of the cultural study – no input regarding the presence or absence of a tribal cultural resource will be provided by Dudek during the meeting.

No follow-up phone calls and/or emails to tribal contacts on behalf of the City is included in this scope of work.

Paleontological Report Review
A qualified Dudek paleontological resources specialist, listed on Riverside County’s paleontology consultant list, will review the paleontological resources technical report (and all supporting documentation) prepared for the City for the project to determine its adherence to all applicable regulations pursuant to CEQA, federal, state, and local paleontological resources regulations, and any other applicable guidelines and industry standards. The results of the peer review will be documented in a memorandum of findings, outlining any technical inadequacies observed in the paleontological resources technical report. The review will verify that the assessment contains adequate background research and methodology, appropriate consideration of state and local designation criteria and

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TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 4
integrity requirements, and well-supported findings. Dudek will provide detailed recommendations for completion of such work in the findings memorandum, which will detail the results of the peer review, including a description of the assessment’s adequacy, a bulleted breakdown of any issues that should be addressed, and recommendations for additional work, if applicable. Two rounds of comments/memorandum revisions is included in our budget estimates.

TASK 4 GEOTECHNICAL REPORT REVIEW
A Dudek Certified Engineering Geologist will conduct a peer review of the project-specific geotechnical report. The report will be reviewed primarily with respect to methodology, inclusion of the geologic setting, geotechnical design, and recommendations. The report will be reviewed to ensure that the geologic setting includes, but is not limited, to the regional geology, subsurface soil conditions, regional faulting, regional seismicity, potential ground failure, and slope stability. The report will also be reviewed to ensure the geotechnical design addresses any geologic constraints with respect to proposed construction of the project, in accordance with the 2019 California Building Code. The report should include recommendations addressing remedial actions that should be employed to address potential geologic constraints. Inclusion of each of these geotechnical report components would address the environmental thresholds for the Geology and Soils section of the CEQA document. The results of the peer review and any comments will be summarized in a brief technical memorandum. Two round of comments/memorandum revisions is included in our budget estimates.

TASK 5 GREENHOUSE GAS EMISSIONS REPORT REVIEW
Dudek will provide a peer review of the greenhouse gas (GHG) emissions analysis technical report prepared for the project to ensure adequacy in terms of CEQA documentation. The project details, analysis methodology, modeling results, impact findings, and mitigation measures (if applicable) will be verified by a Dudek air quality specialist. Dudek will verify that the GHG emissions analysis appropriately evaluates project consistency with the City’s 2018 Climate Action Plan (CAP) and that the approach is supported by substantial evidence. The City of Hemet adopted CAP in 2018, to reduce the City’s GHG emissions and the impacts of climate change. Dudek assumes that the complete analyses, including the emissions modeling input and output files will be provided.

The results of the peer review and any recommendations and/or comments will be summarized in a brief memorandum. If the air quality report and GHG report are completed by the same consultant, Dudek may provide comments on both reports in the same memorandum. Two rounds of comments about corrections/changes that need to be made in order to meet the CEQA documentation requirements is included in our budget estimate.

TASK 6 PHASE I ENVIRONMENTAL ASSESSMENT REPORT (ESA) REVIEW Dudek hazardous materials specialists will conduct a peer review of the Phase I Environmental Site Assessment (ESA) conducted by a third party for the project site in Hemet, California. The review and findings will be summarized in a memorandum. The memorandum will include the following:
▪ a summary of the Phase I ESA
▪ accuracy and completeness of the Phase I ESA as compared to ASTM standards E 1527-13 and E 1527 211 (Phase I Environmental Site Assessment Process)

1 ASTM E 1527-21 was released on November 17, 2021. EPA concurrence with the new standard will reportedly take up to a year.

Thus, compliance with AAI to qualify for an exemption from CERCLA liability will remain under E 1527 -13 until EPA concurs with the new standard. As such, Dudek will consider both standards in the peer review.

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TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 5
▪ evaluation of potential impacts
▪ accuracy of data and comparison to regulatory thresholds, as applicable ▪ identification and discussion of data gaps, if any
▪ determination as to adequacy of findings and recommendations The peer review will be conducted by a Dudek Environmental Professional as defined by ASTM 1527-21 Standard Practice for Environmental Site Assessments.

Two rounds of reviews/comments are included in our budget estimate, with the second round assuming to involve confirmation that the first-round review comments were adequately addressed.

TASK 7 HYDROLOGY REPORT REVIEW
Dudek’s engineers will conduct a peer review of the Preliminary Drainage Study prepared for the project. The review will be based on Riverside County Flood Control and Water Conservation District technical guidance documents including the County’s Hydrology Manual and any available Master Plan of Drainage studies. The peer review will identify any fatal flaws in the methodologies, analyses, and/or conclusions. Should Dudek determine that further modifications and/or revisions to the Preliminary Drainage Study are necessary, Dudek will work with the City and the applicant to revise the analysis/conclusions as appropriate. The findings of the peer review, and recommendations, will be provided in a technical memorandum and presented to the City for review and comment. This scope includes one additional review of the revised Preliminary Drainage Study which would incorporate our peer review comments.

TASK 8 PRELIMINARY WATER QUALITY MANAGEMENT PLAN (WQMP) REVIEW Dudek’s engineers will conduct a peer review of the Preliminary Water Quality Management Plan prepared for the project. The review will be based on Riverside County technical guidance documents related to the Santa Ana MS4 permit. In general, the peer review will identify any fatal flaws in the methodologies, analyses, and/or conclusions. Should Dudek determine that further modifications and/or revisions to the Preliminary Water Quality Management Plan are necessary, Dudek will work with the City and the applicant to revise the analysis/conclusions as appropriate. The findings of the peer review and recommendations resulting therefrom will be provided in a technical memorandum and presented to the City for review and comment. This scope includes one additional review of the revised Preliminary Water Quality Management Plan which would incorporate our peer review comments.

TASK 9 NOISE REPORT REVIEW
Dudek will conduct a peer review of the noise study prepared for the project. The project details, analysis methodology, modeling results, and noise impacts findings will be verified by a Dudek senior noise control specialist. Considering the adjacency to residences and potential concerns of those residents, Dudek will review both the construction noise and operational noise analysis for adequacy and compliance with the City’s Municipal Code and General Plan. The results of the peer review and any comments will be summarized in a brief technical memorandum. Two rounds of comments are included in our budget estimates. Additional services, such as additional rounds of comments or meeting attendance, will be at request, and billed as additional cost on a time and materials basis in accordance with our current standard schedule of charges.

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TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 6
TASK 10 TRAFFIC STUDY REVIEW
Dudek’s in-house transportation planners will conduct a peer review of the traffic study prepared by Kimley-Horn for the project. The peer review will include a detailed review of the documents to ensure compliance with the policies and requirements of the applicable transportation guidelines such as Recommended Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment (WRCOG 2020), Traffic Impact Analysis Preparation Guide, Riverside County Transportation Department (2008) and the City of Hemet General Plan Circulation Element requirements.

The peer review will ensure that the traffic study includes the non-CEQA (i.e., Level of Service) analyses. This would include review of project’s trip generation distribution and assignment; analysis of vehicular traffic (level of service) at the study area intersections, review of public transportation, and bike and pedestrian accessibility and identification of appropriate improvement measures to address any deficiencies. Dudek will also review the IS/MND Transportation section to ensure adequacy in terms of CEQA analyses (i.e., an evaluation of applicable transportation thresholds, policies and programs at the city, regional, and state levels; potential impacts to vehicle miles traveled per the recently updated CEQA guidelines; an evaluation of hazards due to geometric design features; potential impacts to emergency access; and recommended improvements to minimize any potential impacts).

Dudek will identify any flaws in the analysis methodologies and findings (if any). Should Dudek determine that further modifications and/or revisions to the studies are necessary, Dudek will work with the City to recommend revisions to the analyses and conclusions as appropriate. The findings and recommendations of the peer review will be provided in a technical memorandum. Two rounds of reviews/comments are included in our budget estimate, with the second round assuming to involve confirmation that the first-round review comments were adequately addressed.

TASK 11 IS/MND REVIEW AND NOTICING ASSISTANCE
IS/MND Review
Dudek environmental project manager, working in conjunction with our technical experts, will review the Draft IS/MND in a coordinated manner to ensure a thorough review of each topic included in CEQA Guidelines Appendix G. Dudek will first complete the review on a high level to ensure a MND is the appropriate environmental document pursuant to CEQA Guidelines Section 15070. If for some reason Dudek identifies a reason the project would not qualify for an MND, Dudek shall immediately contact the City to discuss. Upon the initial determination that the MND is the appropriate environmental document, Dudek shall review to ensure the contents of the MND are adequate per CEQA Guidelines Section 15071, as follows:

A A brief description of the project, including a commonly used name for the project, if any B The location of the project, preferably shown on a map, and the name of the project proponent C A proposed finding that the project will not have a significant effect on the environment D An attached copy of the Initial Study documenting reasons to support the finding; and E Mitigation measures, if any, included in the project to avoid potentially significant effects.

Dudek shall review the IS/MND to ensure that the document provides evidence to support their analysis of each topic, and also addresses anticipated topics of concern from the public. This will include involving Dudek’s in-house specialists to review technical topics. One of the benefits of selecting Dudek is that we can cover multi-disciplines in-