Hemet City Council
December 13, 2022

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• THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS

LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd.

Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc.

Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd.

Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. o    use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order.

The limited warranties explicitly exclude:
o    workmanship related to assembly not provided by the Company or its agents; o    fabric curtains, valances, and flat vertical panels; o    fabric tops installed on structures that were not engineered and originally supplied by the Company.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS

OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING

OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.
o    the structures are not assembled in strict compliance with USA SHADE specifications; o    any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company.

Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company.

These limited warranties do not cover defects and/or damages caused by:
o    normal wear and tear;
o    misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.);
o    ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures; The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color.

Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at [email protected] for more details.

All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to [email protected].

Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA.

These limited warranties are void if:
o    the supplied structures, products, services and/or labor are not paid for in full; General Limited Warranty Terms and Conditions
These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form.

In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered.
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533Page 26 of 60

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16)  Assembly/Installation:
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No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.

Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.

Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.

Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer.

Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly.

Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company.

Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor.

Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof.

Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder.

Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility.

Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges.

If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation.

Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation.

Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation.

Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable).

Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533Page 27 of 60

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27)
PURCHASER: SELLER:

City of Hemet USA SHADE & Fabric Structures
Signature: Signature: Angel Rich
By: (Print) By: (Print) Angel Rich
Title: Title: Regional Manager
Date: Date:

NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc.

Electronic Signatures: Each party agrees that the electronic signatures of the parties to this Agreement, whether digital or encrypted, including but not limited to the use of a typed name, are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including but not limited to typed or email electronic signatures.

Executed to be effective as of the date executed by the Company:

NOTE: FOR ANY PURCHASE EQUAL TO OR EXCEEDING $100,000.00 USD, NO WORK, OTHER THAN PRE-WORK, SHALL BE UNDERTAKEN WITHOUT A MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533Page 28 of 60

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Sourcewell Government Contract # 010521-LTS-6
Schedule of Values
Mary Henley Park – NFC Fitness Court

Prepared by: Angel Rich, Regional Sales Manager
Date: November 29, 2022
UNITS

ENTRY HEIGHT QTY UNIT PRICE TOTAL
CUSTOM WAVE (41’X41’)

10’-18’' 1 $26,0000 $24,440.00

STRUCTURE TOTAL

$24,440.00

INSTALLATION/ASSEMBLY OF STRUCTURE

$20,774.00
(85% OF STRUCTURE)

SITE PREP

$7,500.00
(FOUNDATIONS-DIRT REMOVAL, REBAR, CONCRETE SAW CUT, ETC.)

PLANNING & DESIGN SERVICES

$5,929.00
(PROJECT MANAGEMENT)

ENGINEERING

STAMPED DRAWINGS

$no charge

FREIGHT

$1,978.00

SALES TAX

$2,311.58

8.75%

SUB TOTAL

$62,943.58

PERFORMANCE BONDS 2.5%

$1,573.31

TOTAL

$64,505.89

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AGREEMENT FOR

MINOR CONSTRUCTION SERVICES
Between

THE CITY OF HEMET,
a municipal corporation
and
SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES, a Delaware corporation
Dated: December 14, 2022

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1 AGREEMENT FOR

MINOR CONSTRUCTION SERVICES
This Agreement for Minor Construction Services (“Agreement”) is entered into as of the date referenced on the cover page (“Effective Date”) between the City of Hemet, a California municipal corporation (“City”) and Shade Structures Inc. DBA USA Shade & Fabric Structures (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. SCOPE OF SERVICES

1.1Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is through July 31, 2023 commencing on the Effective Date (“Term”).

1.2Contractor Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those minor construction services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City.

Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.

1.3Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.

1.4Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.

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2 1.5General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.6Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1Compensation. City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without

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3 the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

2.2Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1Control and Payment of Subordinates; Independent Contractor.

Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.

Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City.

Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees.

Contractor expressly waives any claim Contractor may have to any such rights.

3.2Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.3Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.

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4 3.4Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA (California Division of Occupational Safety and Health) requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.6Labor Code and Prevailing Wage Requirements.

3.6.1 Apprenticeable Crafts. To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 Hours of Work. To the extent applicable, Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 Payroll Records. To the extent applicable, in accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.

3.6.4 Prevailing Wage Laws. To the extent applicable, Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.

3.7Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall

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5 include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.8Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

SECTION 4. INDEMNIFICATION

4.1Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both

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6 lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND DOCUMENTS

5.1Accounting Records.

5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

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7 5.1.2 Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

5.2Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents SECTION 6. INSURANCE

6.1Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

6.3Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

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8 SECTION 7. BONDS

7.1Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

7.2Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION.

8.1Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non-disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

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9 8.2Termination by Contractor. Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

9.2Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non-performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.

9.4Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe

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10 weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

9.5Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.

9.6Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Riverside. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.

9.7Integration. This Agreement, including the attached Exhibits “A” through “F”, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.

9.8Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

9.9Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

9.10Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

9.11No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

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11 9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

9.13Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.14Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in addition to any other relief to which it may be entitled.

9.16Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.17Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

9.18Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.

9.19Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative.

The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 9.10 [Amendment] and the City Manager’s contracting authority under the Hemet Municipal Code.

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12 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written.

AGENCY:

City of Hemet
By:

Eddie Pust, Interim City Manager
CONTRACTOR:

USA Shade & Fabric Structures
By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk Contractor’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED

BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER’S BUSINESS ENTITY.

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

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )
COUNTY OF _______________ )
On ____________________, 20__, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
 Individual
 Corporate Officer
Title(s) Title or Type of Document
Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above

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ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )
COUNTY OF _______________ )
On ____________________, 20__, before me,
,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
 Individual
 Corporate Officer
Title(s) Title or Type of Document
Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above

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EXHIBIT “A”

SCOPE OF SERVICES
Name of Project: (Custom Wave – NFC Fitness Court)
Address of Project: 801 Kirby St. Hemet, CA 92545

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Name of Project: Mary Henley Park
Project Address: 801 Kirby St. Hemet, CA 92545

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The turnkey installation includes the following scope of work:
• Coordinate delivery.
• Mobilization to site.
• Unload materials on site.
• Excavation of standard drilled pier footers. If spread footers are required, additional charges may apply.
• Relocation of spoils on site no more than 100 yards of shade location. • Setting of rebar cages and anchor bolts for foundations. • Pouring and finishing of recessed base plate concrete foundations. • Erect steel columns on recessed base plate concrete footers. • Build structure frame.
• Grout bases.
• Attach fabric to frame.
• Train customer’s designated personnel on proper maintenance and installation of fabric.

Exclusions:
• Permit application by others. (Contractor license # available upon request.) • Any work not specifically mentioned above.
• No electrical work including placement of conduits (if applicable). • All temporary facilities to be provided by owner.
• Dumpster for debris to be provided by others.
• Permit fees or other required fees for special inspections. • Reasonable access to site.
• Unsuitable soil or rock excavation.
• Does not include location or relocation of any underground utilities. • Work to be performed during normal business hours.
• If spread footers are necessary, a change order will be required. • Includes one mobilization only. If equipment will arrive on site prior to USA Shade’s mobilization for installation, unloading of the equipment shall be completed by others. • See full proposal for additional notes and associated costs. • No special inspections.

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE

1. Liquidated Damages will be assessed at $500 per calendar day after the required completion date.

2. The Public Works Operations Manager, Charles Russell, will be the City’s project manager for this work. Upon award of the Agreement, Contractor will provide the project manager with the work schedule (in writing) a minimum of three days prior to commencement of work.

3. The project manager is to be notified daily, at (951)765-3810

4. The project manager will be notified immediately when the Contractor is unable to perform the work and whenever any non-personnel or property related accident occurs while performing the specified contract work.

5. If additional work is required by the City, an estimate of cost shall be submitted by the Contractor to the project manager, prior to work being undertaken.

Additional work may not commence until a change order has been issued to the Contractor by the City’s purchasing division.

6. Services shall be completed before but no later than June 30, 2023.

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EXHIBIT “C”

COMPENSATION
I. Shade Structure Located at NFC Fitness Court
a. Unit Price including tax - $26,751.58
b. Shipping - $1,978.00
c. Turn-key Installation - $34,203.00
d. Payment and Performance Bonds - $1,573.31
II. Shade Structure Located at Mary Henley Park
a. Unit Price including tax - $15,431.36
b. Shipping - $7,493.97
c. Turn-key Installation - $42,861.67
d. Payment and Performance Bonds - $1,315.74
III. The total compensation for the Services at the Mary Henley Park shall not exceed $131,608.63

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EXHIBIT “D”

REPRESENTATIVES
CITY’S REPRESENTATIVE
City of Hemet
Public Works
Attn: Kurt Mikolaycik
3777 Industrial Ave.

Hemet, California 92545
(951) 765-3820
CONTRACTOR’S REPRESENTATIVE
USA Shade & Fabric Structures
Attn: Angel Rich
2580 Esters Blvd, Suite 100
DFW Airport, TX 75261
(954) 649-6757

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EXHIBIT “E”

BONDS REQUIRED

PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01THAT WHEREAS, CITY OF HEMET (Owner) has awarded to USA Shade & Fabric Structures as Principal, dated the 7th day of November, 2022 (the Contract), titled the City of Hemet Mary Henley Park Shade Structures in the amount of $130,838.27, which Contract is by this reference made a part hereof, for the work of the following Contract:

Shade Structures

1.02AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($130,838.27), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

1.05This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

1.06Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions,

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and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

1.07Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

1.08Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated November 7th, 2022 is in the amount of $130,838.27 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to USA Shade & Fabric Structures (Contractor), (Surety), CITY
OF HEMET (Owner), or other party shall be considered plural where applicable.

CONTRACTOR: SURETY:

USA Shade & Fabric Structures
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Mary Henley Park Shade Structures dated November 7 th, 2022, in the amount of $130,838.27.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

1.Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2.If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3.If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4.When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations

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defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

4.4Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

5.At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6.If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:

6.1Contractor’s obligations to complete the Construction Contract and correct Defective Work;

6.2Contractor’s obligations to pay liquidated damages; and

6.3To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

7.If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the

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Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

8.If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9.No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10.Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11.Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

12.All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13.Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

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14. Definitions

14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.

14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.

14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).

Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

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EXHIBIT “F”

INSURANCE REQUIREMENTS
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Contractor shall maintain the following types and limits of insurance.

2. Minimum Limits of Insurance.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. [Optional depending on limits required].

As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

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•A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
•Pay on behalf of wording as opposed to reimbursement;
•Concurrency of effective dates with primary policies;
•Policies shall “follow form” to the underlying primary policies; and •Insureds under primary policies shall also be insureds under the umbrella or excess policies.

B. Other Provisions. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this

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agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Human Resources
Submitted by: Eddie Pust, Interim 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 an Interim Appointment to the Vacant Position of Finance Director; and a Resolution of the City Council of the City of Hemet, California, Approving a First Amendment to the Profes sional Services Agreement with Rogers, Anderson, Malody & Scott LLP (RAMS) for Finance Director Services

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Adopt a Resolution of the City Council of the City of Hemet, California, Approving an Interim Appointment to the Vacant Position of Finance Director; and,

2. Adopt a Resolution of the City Council of the City of Hemet, California, Approving a First Amendment to the Professional Services Agreement with Rogers, Anderson, Malody & S cott LLP (RAMS) for Finance Director Services.

BACKGROUND:

With the recent vacancy of the Finance Director position, the City has begun the recruitment process to fill the vacancy. While the recruitment is conducted, important tasks assigned to the Finance Director position need to continue on. In order to mitigate a critical work stoppage, one option the City may implement is hiring a CalPERS Retired Annuitant to fill the vacancy on a temporary basis. This can be done either by directly appointing the R etired Annuitant or as a third -party contract employee. The preferred incumbent would be someone who has extensive previous experience with municipal financial processes and procedures - ideally, a former Finance Director from another municipal agency.

ANALYSIS:

The City has entered into a Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLP to assign Paul Espinoza to the interim Finance Director position. Per the agreement, Mr. Espinoza is a contract employee of the consulting firm; however, the scope of work in the agreement states that the assignment is under the direction of the City Manager. Independent contractors provide a service or complete a task according to his or her own methods and are excluded from membership in CalPERS

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by Government Code Section 20300(b). Since Mr. Espinoza will be serving in an assignment which is directed by the City Manager, a common law employer -employee relationship exists because the City is providing the policies and procedures on how to complete the work of the assignment.

DISCUSSION:

Pursuant to Government Code Section 21221(h), a governing body may appoint a CalPERS retired annuitant to a vacant position during the recruitment for a permanent appointment. Government Code Section 21221(h) sets forth t he requirements for hiring a retired annuitant, including the City Council adopting a resolution approving an employment agreement with the retired annuitant. In accordance with Government Code Section 21221(h), the proposed employment agreement contains the following key provisions:

Compensation:

The Interim Finance Director is proposed to be paid $69.9663 per hour. No other benefits will be provided.

Term:

The term of the agreement shall end on the date that a permanent hire to the position begins employment. The term will not exceed the limitations set forth by CalPERS for employment of retired annuitants.

Number of Hours Worked:

The retired annuitant is scheduled to work approximately three days per week. This work schedule is in compliance with the requirement that a retired annuitant may be employed with CalPERS agencies for no more than 960 hours in a fiscal year.

Additionally, the total not to exceed under the City's agreement with RAMS is currently capped at $50,000 and City Council approval is required to increase it for the remainder of the expected term of the Agreement until a permanent appointment is made. The proposed new total not to exceed equals the salary savings realized from the vacant Finance Director position so there is no fiscal impact of the decision.

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.

Objective 1: Operate in a financially sustainable manner.

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

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

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

FISCAL IMPACT:

There is no fiscal impact to this action. There is existing budget due to the position vacancy.

ATTACHMENT(S):

Resolution - Interim Finance Director

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Attachment 1_ RAMS
RAMS Amendment

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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 AN INTERIM

APPOINTMENT TO THE VACANT

POSITION OF FINANCE

DIRECTOR
WHEREAS, the City may appoint a
CalPERS Retired Annuitant to temporarily
fill the recent Finance Director vacancy
while the recruitment process is
conducted.; and
WHEREAS, the appointment of an
Interim Finance Director will mitigate a
critical work stoppage by continuing
important tasks assigned to the position.;
and
WHEREAS, the City has entered into a
Professional Services Agreement with
Rogers, Anderson, Malody & Scott, LLP
to assign Paul Espinoza to the interim
Finance Director position, serving in an
assignment which is directed by the City
Manager, creating a common law
employer-employee relationship per
Government Code Section 20300(b).; and
WHEREAS, Government Code Section
21221(h) sets forth the requirements for
hiring a retired annuitant, including the
City Council adopting a resolution
approving an employment agreement
with the retired annuitant.; and
WHEREAS, Council approves the
appointment of the Interim Finance
Director.

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NOW, THEREFORE, THE CITY

COUNCIL OF THE CITY OF HEMET

DOES HERE BY FIND AND RESOLVE
AS FOLLOWS:

1. COMPENSATION
The Interim Finance Director is
proposed to be paid $69.9663
per hour. No other benefits will
be provided.

2. TERM
The term of the agreement shall
end on the date that a permanent
hire to the position begins
employment. The term will not
exceed the limitations set forth by
CalPERS for employment of
retired annuitants.

3. NUMBER OF HOURS WORKED
The retired annuitant is
scheduled to work approximately
three days per week. This work
schedule is in compliance with
the requirement that a retired
annuitant may be employed with
CalPERS agencies for no more
than 960 hours in a fiscal year.

PASSED, APPROVED AND ADOPTED this 13th
day
of December, 2022.

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Malcolm Lilienthal, Mayor
ATTEST:

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 13 th day of December, 2022,
and was passed by the following vote:

AYES: Council Member:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:

John Maier, City Clerk

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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

FIRST AMENDMENT AGREEMENT FOR FINANCE

DIRECTOR SERVICES BETWEEN THE CITY OF

HEMET AND ROGERS, ANDERSON, MALODY &

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

WHEREAS, on October 1, 2022, the City and RAMS entered
into a Professional Services Agreement for Finance Director Services; and
WHEREAS, the City Council desires to increase the total not to exceed amount under Section 4(a) 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.

The City Manager, or his designee, is authorized and direct to execute the First Amendment Agreement for Finance Director Services between the City of Hemet and Rogers Anderson Malody & Scott LLP attached hereto as Attachment 1.
///
///
///

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CITY COUNCIL RESOLUTION NO. 2022-
///
PASSED, APPROVED AND ADOPTED this ___ day of
____________, 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Meier, City Clerk

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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

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FIRST AMENDMENT TO

AGREEMENT

FOR FINANCE DIRECTOR SERVICES

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND

ROGERS, ANDERSON, MALODY & SCOTT
LLP

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FIRST AMENDMENT TO AGREEMENT

BETWEEN THE CITY OF HEMET AND RAMS
THIS FIRST AMENDMENT TO AGREEMENT (“First
Amendment”) is made and entered into this ___ day of
_______________, 202__ (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Rogers, Anderson, Malody & Scott, LLP (“Contractor”). For the purposes of this Agreement, City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter referred collectively referred to as the “Parties.”

RECITALS

1. The Parties entered into an agreement for Finance Director Services dated October 11, 2022 (“Agreement”).

2. Under Section 4(a) of the Agreement, the total not to exceed amount of the Agreement is $50,000 and the Parties desire to increase the total not to exceed amount to
$110,000.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. AMENDMENT. Section 4(a) of the Agreement is
hereby amended to increase the total compensation authorized by the Agreement to $110,000.

SECTION 2. GENERAL PROVISIONS.
(a) REMAINDER UNCHANGED. Except as specifically modified and amended in this First Amendment, the Agreement
remains in full force and effect and is binding upon the Parties.

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(b) INTEGRATION. This First Amendment constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment.
(c) EFFECTIVE DATE. This First Amendment shall not become effective until the date it has been executed by the
appropriate authorities of the City and Contractor.
(d) APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
(e) REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

FIRST AMENDMENT TO AGREEMENT

BETWEEN THE CITY OF HEMET AND RAMS
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET CONTRACTOR
By: __________________________ By:
__________________________
Eddie Pust __________________________
Interim City Manager Its: _______________________ ATTEST:

CITY CLERK

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By: ___________________________
John Maier, City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By: ___________________________
Steven Graham, City Attorney

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Human Resources
Submitted by: Eddie Pust, Interim 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 an Amendment to the City's Classification and Compensation Plan to Include the Revised Position, Civilian Investigator

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 amendment to the City's Classification and Compensation Plan to include the revised position, of Civilian Investigator.

BACKGROUND:

Civilian Investi gators will provide quick investigative support to non -critical incidents like missing persons, fraud, and property crimes. The positions will work with sworn Investigators and Detectives to support complex investigations to close cases in the fastest mann er possible. This can help reduce overtime costs by responding to some incidents in the place of sworn employees. Additionally, Civilian Investigators will help keep victims up to date on the status of their cases. Lastly, Civilian Investigators will allow sworn Investigators and Detectives to focus more of their time on critical investigations by taking responsibility for minor investigations

ANALYSIS:

The Civilian Investigator position was first approved by Council on June 28, 2022, with the following requirements:

Education:

Possession of a Bachelor’s degree from an accredited four -year university in criminal justice, police science, or a closely related field.

Experience:

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One or more years of police, investigative, or crime analysis experience.

Other Special Requirements:

P.O.S.T. technical courses in investigative and evidence collection techniques highly desired.

Upon further review of the position and the needs of the Police Department, the following revised requirements are proposed:

Education:

Equivalent t o completion of two years of college level coursework in criminal justice, criminalistics, physical sciences or a related field. Extensive related work experience and professional training may substitute for formal education.

Experience:

One or more years with a private, public or law enforcement agency conducting investigative and crime analysis type work.

The remaining job duties and responsibilities, as well as the salary range, will remain as -is. Only the educational and experience requirements are proposed to change as indicated above.

DISCUSSION:

The Civilian Investigator classification is an unrepresented position and is not subject to meet and confer procedures pursuant to the Meyers -Milias-Brown Act (MMBA). The Civilian Investigator classification is a part -time, non -benefited, position which wi ll not automatically lead to full -time employment.

PREVIOUS COUNCIL ACTION:

Council first approved the position on June 28, 2022.

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.

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

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FISCAL IMPACT:

There is no fiscal impact to this action.

ATTACHMENT(S):

Resolution - Civilian Investigator
Job Description - Civilian Investigator

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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 NEW JOB

DESCRIPTION FOR CIVILIAN

INVESTIGATOR
WHEREAS, Civilian Investigators will
provide quick investigative support to
non-critical incidents like missing
persons, fraud, and property crimes,
working with sworn Investigators and
Detectives to support complex
investigations to close cases in the
fastest manner possible.; and
WHEREAS, the addition of the Civilian
Investigator position will continue to work
towards the City of Hemet Police
Department's mission to enhance the
quality of life and public safety by
supporting and enhancing departmental
operations.; and
WHEREAS, the Civilian Investigator
classification was previously approved on
June 28, 2022.; and
WHEREAS, the Civilian Investigator
position has been re-reviewed and
updated position requirements have been
proposed in conjunction with the needs of
the Police Department.; and
WHEREAS, Council approves the revised
classification of Civilian Investigator.

NOW, THEREFORE, BE IT RESOLVED, by the
City
Council of the City of Hemet, California,
approves an amendment to the City's

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Classification and Compensation Plan to
include the revised position of Civilian
Investigator.

PASSED, APPROVED AND ADOPTED this 13th
day
of December, 2022.

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Malcolm Lilienthal, Mayor
ATTEST:

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 13 th day of December, 2022,
and was passed by the following vote:

AYES: Council Member:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:

John Maier, City Clerk

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CITY OF HEMET
Class Code: 0016 Date Adopted: 06/13/2022
Date Last Revised: 12/13/2022
Civilian Investigator

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.

DEFINITION

Under general supervision performs a wide variety of civilian investigations involving data collection; interviewing witnesses, victims, and reporting parties; assists the Detective Bureau with the investigation of misdemeanor and felony crimes; performs special assignments, assists with crime prevention and community relations activities; relieves sworn police officers from non-sworn duties; performs related duties as assigned.

DISTINGUISHING CHARACTERISTICS

The Civilian Investigator is a non-sworn class, part-time position responsible for performing non-emergency and non-hazardous civilian law enforcement duties. Civilian Investigators are unarmed, do not respond to in-progress incidents, do not have suspect contact, and do not make arrests. Civilian Investigators do not have law enforcement powers.

EXAMPLES OF DUTIES

Duties may include, but are not limited to, the following:

1. Respond to non-emergency incidents that are not in-progress to conduct investigations.

2. Interview witnesses, victims, and reporting parties to obtain necessary information to conduct a thorough investigation.

3.Analyze information to produce detailed reports of crimes that may including; burglary, theft, fraud, identity theft, threats, violation of court orders, vandalism, missing persons, and runaways.

4. Assists with crime prevention activities such as neighborhood and business watch meetings, and community groups presentations.

5. Gathering and processing evidence.

6. Prepares search and arrest warrants, compiles photographic line-ups when required.

7. Aids in the filing and classifying of materials in the Detective Bureau as requested.

8. Assists with bookings, completes related forms; receives property and evidence.

9. Prepares and submits reports of various aspects of investigations; prepares material evidence for courtroom presentation.

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CITY OF HEMET
Class Code: 0016 Date Adopted: 06/13/2022
Date Last Revised: 12/13/2022
Civilian Investigator

10. Presents cases to the District Attorney for filing and provides courtroom testimony.

11. Conducts follow-up investigations as deemed necessary by Detective Bureau Supervisor.

12. Conduct background investigations for police department applicants.

13. Performs other related duties and responsibilities not requiring Peace Officer powers.

QUALIFICATIONS GUIDELINES

Knowledge and Abilities:

Knowledge of correct English usage, spelling and grammar; modern office methods and equipment including computer equipment and software; investigation and problem-solving techniques; the court system and police procedures especially those dealing with the collection and handling of evidence.

Ability to understand and interpret rules and regulations; analyze information and compile detailed reports; communicate effectively both orally and in writing; use sound judgement in making independent decisions; deal with the public in a courteous manner; establish effective working relationships with other employees and those contacted in the course of work; interpret and apply laws; conduct interviews and case research; discretion and sensitivity in dealing with confidential information.

Education:

Equivalent to completion of two years of college level coursework in criminal justice, criminalistics, physical sciences or a related field. Extensive related work experience and professional training may substitute for formal education.

Experience:

One or more years with a private, public or law enforcement agency conducting investigative and crime analysis type work.

CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS

Must possess and maintain a valid California Driver's License.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Human Resources
Submitted by: Eddie Pust, Interim 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 an Amendment to the City's Classification and Compensation Plan to Include the Revised Position, Program Coordinator – Office of Violence Intervention

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 amendment to the City's Classification and Compensation Plan to include the revised position, Program Coordinator – Office of Violence Intervention.

BACKGROUND:

The City of Hemet is seeking grant funding through the California Violence Intervention and Prevention (CalVIP) program to help reduce the incidence of violence throughout the City and provide community support resources to target groups. The proposed position of Program Coordinator – Office of Violence Intervention (OVI) will oversee program development, outreach, research, and community resources of the newly formed Office of Violence Intervention within the City Manager’s Office.

The Program Coordinator – OVI will work with City departments and community partners to help coordinate and promote violence prevention efforts, ultimately reducing the incidence of violence throughout the City. This classification is being established to coordinate, track, and report all efforts as required by CalVIP.

ANALYSIS:

The Program Coordinator - OVI position was approved on September 13, 2022. At that time, the following educational and experience requirements were established:

Education and/or Experience:

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Any combination of education and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical combination includes:

Education: Equivalent to a Bachelor’s Degree in public administration, public policy, sociology, psychology, criminal justice, criminology, or related studies. A Master’s degree is highly desirable.

Experience: Three (3) years of responsible experience providing multi-program management, field supervision, coordination, and outreach functions in a human services field, preferably in a governmental or community setting.

Upon reviewing the position further, as well as re-reviewing the needs of the Office, it was determined that the following revised educational and experience requirements better align with finding a potential candidate:

Education and/or Experience:

Any combination of education or experience that would provide the required knowledge, skills, and abilities is qualifying. A typical combination includes:

Education: Equivalent to an Associate’s Degree or Bachelor’s Degree in public administration, public policy, sociology, psychology, criminal justice, criminology, or related studies. A Master’s degree is highly desirable.

OR

Experience: Three (3) years of responsible experience providing multi-program management, field supervision, coordination, and outreach functions in a human services field, preferably in a governmental or community setting.

The remaining job duties and responsibilities, as well as the salary range, will remain as -is. Only the educational and experience requirements are proposed to change as indicated above.

DISCUSSION:

The Program Coordinator - OVI classification is a full -time benefitted position covered by the Management/Confidential Resolution and is not subject to meet and confer procedures pursuant to the Meyers-Milias-Brown Act (MMBA).

PREVIOUS COUNCIL ACTION:

Council first approved the position on September 13, 2022.

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 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 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

Objective 3: Increase the community's pride within the City.

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

Objective 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 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

There is no fiscal impact to this action.

ATTACHMENT(S):

Resolution - Program Coordinator OVI
Program Coordinator - Office of Violence Intervention

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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 REVISED JOB

DESCRIPTION FOR PROGRAM
COORDINATOR – OFFICE OF VIOLENCE

INTERVENTION
WHEREAS, the City of Hemet is seeking grant
funding through California Violence Intervention and
Prevention (CalVIP) program.; and
WHEREAS, the CalVIP grant funding will help
provide community resources to target groups to
reduce the incidence of violence within the City.; and
WHEREAS, the Program Coordinator – Office of
Violence Intervention classification was previously
approved on September 13, 2022.; and
WHEREAS, the Program Coordinator – Office of
Violence Intervention position has been re-reviewed
and updated position requirements have been
proposed in conjunction with the needs of the Office
of Violence Intervention.; and
WHEREAS, Council approves the revised
classification of Program Coordinator – Office of
Violence Prevention.

NOW, THEREFORE, BE IT RESOLVED, by the City
Council of the City of Hemet, California, approves an
amendment to the City's Classification and
Compensation Plan to include Program Coordinator
– Office of Violence Prevention.

PASSED, APPROVED AND ADOPTED this 13th day
of December, 2022.

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Malcolm Lilienthal, Mayor
ATTEST:

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 13th day of December, 2022, and was passed by the following vote:

AYES: Council Member:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:

John Maier, City Clerk

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CITY OF HEMET
Class Code: 9917 Date Adopted: 09/13/2022

PROGRAM COORDINATOR – OFFICE OF

VIOLENCE INTERVENTION
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.

DEFINITION
Under general direction, plans, coordinates, organizes, and reviews the supporting programs of the Office of Violence Intervention (OVI) within the City Manager’s Office including program development, contracting with community-based outreach agencies, grant writing and reporting coordinates City and community resources for target groups; performs other duties as assigned.

Has primary responsibility for maintaining compliance with state and federal funding streams

DISTINGUISHING CLASS CHARACTERISTICS
The Program Coordinator – OVI is a single-class position which will work independently performing field supervision, program development, contract compliance, and grant reporting to maximize intervention and violence Intervention efforts, ultimately reducing the incidence of violence throughout the City. This position will collaborate with internal and external stakeholders to further the City’s outreach and intervention efforts geared toward reducing and preventing violence.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the City Manager or his/her designee. Exercises technical and functional supervision over assigned support staff and city contractors.

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 and other characteristics:

Collaborates with other City departments and community-based organizations in developing neighborhood community support systems for the Intervention of violence.

Plans and oversees program activities; evaluates available violence Intervention and violence treatment services; acts as liaison with community groups, program clients, federal, state, county, and city agencies.

Maintains grant and contract compliance for state and federally-funded outreach and intervention programs.

Plays a central role in field supervision of community agencies that have contracted with the city as part of state and federal grant programs.

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Class Code: 9917

Program Coordinator – OVI
Date Last Revised: 12/13/2022
Develops action programs designed to coordinate new and existing resources of public and private organizations in order to strengthen or initiate services for specific target groups.

Provides program specialty consultation to community groups. Builds and maintains functional relationships with community and law enforcement partners.

Inventories the resources available to meet the needs of service recipients and monitors and evaluates the effectiveness of the services provided by public and private organizations in meeting the needs of target groups.

Provides training and technical assistance to providers of violence Intervention services for target groups.

Maintains program statistics and prepares reports, procedures, and recommendation regarding projects or programs for target groups.

Provides resource materials on legislation, grant opportunities, and resource partnerships.

Prepares and submits grant reports including program progress, quantitative and qualitative performance, annual, and final reports.

Performs other duties as assigned.

QUALIFICATIONS GUIDELINES
Knowledge, Skills, and Abilities:

Knowledge of City organization, operations, policies and procedures; dynamics of violence Intervention; basic concepts of evaluation techniques; theory, concepts, and practice of Intervention program planning, design, organization, development, and implementation; community organization, group dynamics, training, and consultation methods and practices; psycho-social-cultural and economic factors affecting Intervention services; current issues, trends, and strategies in the Intervention field; grant funding methods and practices; project and contract management, and negotiation principles and techniques; business and personal computers, and spreadsheet software applications; record keeping and file management principles and procedures.

Ability to interpret, apply, explain, and ensure compliance of local, state and federal laws, and regulations; plan, develop, promote, implement, and evaluate Intervention and community development programs; evaluate and problem-solve issues relating to community development and/or community based Intervention programming; provide consultation and technical assistance to community groups, advisory boards, and others; establish and maintain effective interdisciplinary Intervention networks of agencies, services, and individuals and work with and coordinate groups; effectively facilitate training programs for professionals, community groups, and others; deal sensitively with diverse multi-cultural and socio-economic issues; gather, analyze, and present technical and numerical data; prepare technical and administrative reports, procedural guidelines, standards, and correspondence; make effective presentations to Council, commissions, committees, and community groups; prepare and administer assigned activity and

21.AA

Class Code: 9917

Program Coordinator – OVI
Date Last Revised: 12/13/2022
specific project budgets; write and administer grants; communicate clearly and concisely, both orally and in writing; operate a computer and necessary software applications and other applicable standard office equipment; establish and maintain effective cooperative working relationships with those contacted in the course of work.

Education and/or Experience:

Any combination of education or experience that would provide the required knowledge, skills, and abilities is qualifying. A typical combination includes:

Education: Equivalent to an Associate’s Degree or Bachelor’s Degree in public administration, public policy, sociology, psychology, criminal justice, criminology, or related studies. Master’s degree highly desirable.

OR
Experience: Three (3) years of responsible experience providing multi-program management, field supervision, coordination, and outreach functions in a human services field, preferably in a governmental or community setting.

Certification/License and/or Other Special Requirements:

Possession of a valid California Class C Driver’s License, and maintain a satisfactory driving record.

21.AA

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Human Resources
Submitted by: Eddie Pust, Interim 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 an Amendment to the City's Classification and Compensation Plan to Include the Revised Position, Assistant Engineer

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 amendment to the City's Classification and Compensation Plan to include the revised position, Assistant Engineer.

BACKGROUND:

The Assistant Engineer position was established in January 1994 and was last revised in March 1997.

Since the last revision date, the position’s salary range has not been closely examined. The position has received negotiated increases periodically, but these increases have not be en enough to compensate the position at a level comparable to surrounding agencies. The position has been recently vacant due to the retirement of the long-term incumbent. With the current structure of the department, this position is the entry-level engineering position responsible for a variety of professional engineering projects. With the increased volume of City engineering projects, ensuring this position is compensated accordingly is an important priority of the department to secure adequate staffing.

ANALYSIS:

It was recommended by the Public Works Department to review and potentially revise the salary range for the Assistant Engineer position. The City agreed to this recommendation. and conducted a salary survey on comparable positions. The surve y revealed that the position’s current salary range is lower than surrounding agencies. It is very likely that this may not attract candidates to the upcoming recruitment because the lower salary range is misaligned with the duties and responsibilities of the position

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The Assistant Engineer salary range is currently at SEIU Range 56 and an adjustment to Range 64 is being proposed:

• CURRENT (56): $5,192 - $6,631 monthly / $62,304 - $79,572 annually • PROPOSED (64): $6,326 - $8,078 monthly / $75,912 - $96,936 annually

This salary range adjustment is warranted based on the position’s requirements and responsibilities.

The successful candidate for this position will be tasked with a variety of professional Public Works projects and will provide engineering support to the department. The remaining requirements of the position are not proposed to change as the requirements are comparable to other agencies. This action is only relating to the salary range.

DISCUSSION:

Meyers the to Pursuant -Milias-with conferred and has staff City met Act Brown (MMBA), representatives from Service Employees International Union (SEI U). City representatives and SEIU representatives agreed upon the position, pay, and benefits.

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.

Objective 1: Operate in a financially sustainable manner.

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

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

ALTERNATIVE(S):

There is no fiscal impact to this action. The additional funds are within the current fiscal year budget due to salary savings from the position’s vacancy.

ATTACHMENT(S):

Attachment 1: Resolution - Assistant Engineer
Attachment 2: Job Description - Assistant Engineer

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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 REVISED JOB

DESCRIPTION FOR ASSISTANT ENGINEER
WHEREAS, the Assistant Engineer classification
was established in January 1994 and last revised
in March 1997.; and
WHEREAS, the Assistant Engineer’s salary range has
not been adjusted outside of negotiated salary
increases and has fallen behind comparable
agencies.; and
WHEREAS, adjusting the Assistant Engineer’s
salary range will realign the position’s pay with the
duties and responsibilities and will provide for a
wider applicant pool to fill the position.; and
WHEREAS, the filling Assistant Engineer vacancy is
an important priority to secure adequate staffing.;
and
WHEREAS, Council approves the revised
classification of Assistant Engineer.

NOW, THEREFORE, BE IT RESOLVED, by the City
Council of the City of Hemet, California, approves an
amendment to the City's Classification and
Compensation Plan to include the revised position
Assistant Engineer.

PASSED, APPROVED AND ADOPTED this 13th day
of December, 2022.

21.AB

Malcolm Lilienthal, Mayor
ATTEST:

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 13th day of December, 2022, and was passed by the following vote:

AYES: Council Member:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:

John Maier, City Clerk

21.AB

CITY OF HEMET
Class Code: 4459 Date Adopted: 1/11/1994

ASSISTANT ENGINEER
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.

DEFINITION
Under general supervision, performs a variety of professional civil engineering field and office work which may include planning, design and specification of various public works construction projects; and performs related work as assigned.

DISTINGUISHING CLASS CHARACTERISTICS
Initially under close supervision, incumbents perform a variety of professional civil engineering assignments. With experience, the work becomes progressively more diversified and difficult and requires increasing independence of judgment.

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 and other characteristics:

1. Designs and prepares drawings and engineering specifications for street, sanitary sewer, storm sewer, sidewalks, street lights, traffic mitigation and other public works construction projects.

2. Makes general engineering and plan checking calculations for public works projects..

3. Prepares quantity and cost estimates for construction projects.

4. Checks field data and survey party notes and assists in transferring data to maps and other required records.

5. Reviews and writes legal descriptions for properties.

6. Reviews plans submitted by developers, contractors or the public for conformance with City requirements and issues required permits.

7. Acts as project engineer on limited design contracts, including preparing progress reports and recommending progress payments and change orders, as necessary.

8. May perform field surveying duties as required.

9. Performs studies related to traffic engineering activities, including making traffic counts and maintaining collision records.

10. Performs design work on structures, storm sewer replacement projects, street improvement and repair projects, parks and recreational facility projects.

11. Reviews plans and applications for conformance to applicable codes, regulations, and ordinances.

12. Assists in the training and direction of entry-level professional and technical support staff as assigned.

QUALIFICATIONS GUIDELINES

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Class Code: 9917

Assistant Engineer
Date Last Revised: 03/07/1997
Knowledge, Skills, and Abilities:

Knowledge principles and practices of civil engineering, including engineering design and. construction; engineering mathematics; construction materials, methods, and equipment; microcomputer engineering applications; applicable codes, regulations, standards relating to public works engineering; and safety practices pertaining to the work. Ability to perform detailed analysis of designs, specifications, and plans; apply engineering principles and techniques to evaluate and solve simple to difficult civil engineering problems; exercise sound, independent judgment within established procedural guidelines; deal tactfully and effectively with the public, City staff, other agencies, engineering firms, contractors, developers, manufactures, and others; prepare clear, concise, and accurate reports and correspondence; and perform standard civil engineering design work.

Education and/or Experience:

Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include: Equivalent to graduation from a four-year college or university with major coursework in civil engineering.

Possession of a valid California certificate as an Engineer-in-Training.

Certification/License and/or Other Special Requirements:

Possession of a valid California Class C Driver’s License, and maintain a satisfactory driving record.

21.AB

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Human Resources
Submitted by: Eddie Pust, Interim 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 City’s Classification and Compensation Plan for Employee Salary Ranges

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 City’s Classification and Compensation Plan for employee salary ranges.

BACKGROUND:

State regulations for public employers require disclosure of position classifications and corresponding compensation. In an effort to ensure compliance, and for even greater transparency, the City Council of the City of Hemet has previously adopted and updated the City’s Classification and Compensation Plan for Employee Salary Ranges (Salary Schedule), a docume nt that includes a list of employment positions for the City and their corresponding compensation ranges.

The Salary Schedule allows members of the public to see what any given position would be paid. It is important to note that this document is strictly a resource document of available employment positions, as the positions listed may not necessarily be budgeted or funded in any given fiscal year. Historically, City Council approved each budgeted job classification and its corresponding salary range in its annual budget.

ANALYSIS:

The attached Salary Schedule accounts for the changes that have occurred through job classification additions and updates. The Salary Schedule as presented reflects the following changes:

• Revision of the Assistant Engineer salary range (approved 12/13/22)

21.AC

The additions and updates to the Salary Schedule are noted within the salary schedule itself. The addition of classification to the salary schedule does not automatically create an authorized vacancy.

Requests to fill vacancies need to follow all applicable personnel rules, MOU terms, and resolutions.

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.

Objective 1: Operate in a financially sustainable manner.

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:

No fiscal impact. The additional positions are budgeted in the current fiscal year.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Resolution - Salary Schedule
Salary by Position 12.13.2022_ms

21.AC

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,
APPROVING THE CITY’S

CLASSIFICATION AND

COMPENSATION PLAN FOR

EMPLOYEE SALARY RANGES
WHEREAS, State regulations for public
employers require disclosure of position
classifications and corresponding
compensation.; and
WHEREAS, the City Council of the City of
Hemet has previously adopted and
updated the City’s Classification and
Compensation Plan for Employee Salary
Ranges (Salary Schedule), a document
which includes a list of employment
positions for the City and their
corresponding compensation ranges.;
and
WHEREAS, the Salary Schedule allows
members of the public to see what any given
position would be paid and is a resource
document of available employment positions,
as the positions listed may not necessarily be
budgeted or funded in any given fiscal year.;
and
WHEREAS, historically, City Council
approved each budgeted job
classification and its corresponding salary
range in its annual budget.; and
WHEREAS, the addition of a
classification to the salary schedule does
not automatically create an authorized
vacancy and requests to fill vacancies
need to follow all applicable personnel
rules, MOU terms, and resolutions.; and

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WHEREAS, Council approves the
updates to the City’s Classification and
Compensation Plan for Employee Salary
ranges.

NOW, THEREFORE, BE IT RESOLVED, by the
City
Council of the City of Hemet, California,
approves an amendment to the City's
Classification and Compensation Plan for
Employee Salary Ranges.

PASSED, APPROVED AND ADOPTED this 13th
day
of December, 2022.

21.AC

Malcolm Lilienthal, Mayor
ATTEST:

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 13 th day of December, 2022,
and was passed by the following vote:

AYES: Council Member:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:

John Maier, City Clerk

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City of Hemet
Salary Schedule by Position
Last Revised: 10.25.2022
Effective: 12.13.2022
Revised by: MS 11.22.2022
SEIU Longevity
Position Unit Range 1(A) 2(B) 3(C) 4(D) 5(E) (F) (G) 6 7 Accountant SEIU 52 4,704 4,939 5,186 5,445 5,718 5,861 6,007 Accounting Manager MC 36 8,164 8,572 9,001 9,451 9,923 10,419 10,940 Accounting Supervisor MC 21 5,636 5,918 6,214 6,525 6,851 7,194 7,553 Accounting Technician I SEIU 37 3,247 3,409 3,579 3,758 3,946 4,045 4,146 Accounting Technician II SEIU 43 3,767 3,956 4,154 4,361 4,579 4,694 4,811 Accounting Technician III SEIU 46 4,056 4,259 4,472 4,696 4,930 5,054 5,180 Administrative Assistant HMMA 21 4,514 4,740 4,977 5,225 5,487 5,761 Assistant City Manager AW ACM Annual salary up to $180,000 Assistant to the City Manager MC 36 8,164 8,572 9,001 9,451 9,923 10,419 10,940 Assistant Civil Engineer SEIU 64 6,326 6,642 6,974 7,323 7,689 7,881 8,078 Assistant Planner SEIU 53 4,822 5,063 5,316 5,582 5,861 6,007 6,157 Associate Planner HMMA 29 5,499 5,774 6,062 6,366 6,684 7,018 Battalion Chief AW BC 10,711 11,247 11,809 12,399 13,019 Building Inspector I SEIU 47 4,158 4,366 4,584 4,813 5,054 5,180 5,310 Building Inspector II SEIU 51 4,589 4,818 5,059 5,312 5,577 5,717 5,860 Building Inspector Trainee TPT n/a 27 2,600 2,730 2,867 3,010 3,160 3,239 3,320 Building Official HMMA 51 9,468 9,941 10,438 10,960 11,508 12,084 Building Technician I SEIU 42 3,675 3,859 4,052 4,254 4,467 4,579 4,693 Building Technician II SEIU 46 4,056 4,259 4,472 4,696 4,930 5,054 5,180 Business License Technician SEIU 46 4,056 4,259 4,472 4,696 4,930 5,054 5,180 Chief Building Official/Deputy Fire Marshal AW CBO 10,571 11,100 11,655 12,237 12,849 13,492 14,166 City Clerk AW 28 8,395 8,815 9,255 9,718 10,204 10,714 11,250 City Manager AW CM Annual salary set by employment agreement.

Civilian Investigator n/a 26.00 27.30 28.67 30.10 31.60 33.18 34.84 (Hourly rates) Code Compliance Manager HMMA 32 5,922 6,218 6,529 6,855 7,198 7,558 Code Enforcement Officer I SEIU 43 3,767 3,956 4,154 4,361 4,579 4,694 4,811 Code Enforcement Officer II SEIU 48 4,262 4,475 4,699 4,934 5,180 5,310 5,443 Community Development Director AW CDD Annual salary $155,534 Community Development Specialist SEIU 36 3,169 3,327 3,494 3,668 3,852 3,948 4,047 Community Services Officer HNSPEA 33 3,708 3,893 4,088 4,292 4,507 4,732 Council Member - Elected E 645.67/mo

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City of Hemet
Salary Schedule by Position
Last Revised: 10.25.2022
Effective: 12.13.2022
Revised by: MS 11.22.2022
SEIU Longevity
Position Unit Range 1(A) 2(B) 3(C) 4(D) 5(E) (F) (G) 6 7 Crime Scene Technician HNSPEA 41 4,521 4,747 4,984 5,233 5,495 5,770 Cross Connection Spec/CSR SEIU 48 4,262 4,475 4,699 4,934 5,180 5,310 5,443 Customer Service and Accounting Supervisor HMMA 31 5,778 6,067 6,370 6,689 7,023 7,375 Customer Service Representative SEIU 41 3,584 3,763 3,951 4,149 4,356 4,465 4,576 Deputy City Clerk MC 14 4,741 4,978 5,227 5,488 5,762 6,051 6,353 Deputy City Manager/Admin Services Director AW ASD Annual salary $155,004 Deputy Fire Chief AW DFC 14,051 14,754 15,491 16,266 17,079 Emergency Services Coordinator HMMA 26 5,107 5,363 5,631 5,912 6,208 6,518 Engineering Director/City Engineer AW EDC Annual salary $127,800 Engineering Technician I SEIU 45 3,957 4,155 4,363 4,581 4,810 4,931 5,054 Engineering Technician II SEIU 50 4,476 4,700 4,935 5,182 5,441 5,577 5,716 Environmental Compliance Coordinator HMMA 33 6,070 6,374 6,692 7,027 7,378 7,747 Environmental Services Manager HMMA 43 7,771 8,160 8,568 8,996 9,446 9,918 Equipment Maintenance Supervisor HMMA 31 5,778 6,067 6,370 6,689 7,023 7,375 Equipment Mechanic SEIU 46 4,056 4,259 4,472 4,696 4,930 5,054 5,180 Equipment Service Worker SEIU 40 3,498 3,672 3,856 4,049 4,251 4,358 4,467 Executive Analyst HMMA 32 5,922 6,218 6,529 6,855 7,198 7,558 Executive Analyst MC 23 5,922 6,218 6,529 6,855 7,198 7,558 7,936 Executive Assistant HMMA 25 4,982 5,231 5,493 5,768 6,056 6,359 Executive Assistant - Confidential MC 16 4,982 5,231 5,493 5,768 6,056 6,359 6,677 Facilities Maintenance Manager HMMA 41 7,396 7,766 8,154 8,562 8,990 9,440 Facilities Maintenance Supervisor HMMA 31 5,778 6,067 6,370 6,689 7,023 7,375 Facilities Technician SEIU 52 4,704 4,939 5,186 5,445 5,718 5,861 6,007 Facility Services Aide SEIU 33 2,942 3,089 3,244 3,406 3,576 3,666 3,757 Finance Director AW FIN Annual salary $145,530
Fire Captain HFFA 3 7,400 7,770 8,159 8,566 8,995 9,444 9,917 Fire Chief AW FC 15,035 15,787 16,576 17,405 18,275 19,189 20,148 Fire Engineer HFFA 2 6,131 6,438 6,759 7,097 7,452 7,825 8,216 Fire Prevention Officer HFFA 200 5,292 5,557 5,834 6,126 6,432 6,754 7,092 Firefighter HFFA 1 5,358 5,626 5,907 6,203 6,513 6,838
Firefighter/Paramedic Trainee HFFA 100 3,716
GIS Specialist SEIU 53 4,822 5,063 5,316 5,582 5,861 6,007 6,157

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City of Hemet
Salary Schedule by Position
Last Revised: 10.25.2022
Effective: 12.13.2022
Revised by: MS 11.22.2022
SEIU Longevity
Position Unit Range 1(A) 2(B) 3(C) 4(D) 5(E) (F) (G) 6 7 Housing & Code Enforce Manager HMMA 39 7,040 7,392 7,762 8,150 8,557 8,985 Housing Program Specialist SEIU 50 4,476 4,700 4,935 5,182 5,441 5,577 5,716 Housing Technician SEIU 46 4,056 4,259 4,472 4,696 4,930 5,054 5,180 Human Resources Analyst MC 32 7,395 7,765 8,153 8,561 8,989 9,438 9,910 Human Resources Director AW HRD Annual salary $125,124
Human Resources Manager MC 36 8,164 8,572 9,001 9,451 9,923 10,419 10,940 Human Resources Technician MC 16 4,982 5,231 5,493 5,768 6,056 6,359 6,677 Information Technology Specialist I HMMA 26 5,107 5,363 5,631 5,912 6,208 6,518 Intern I n/a 15.00 15.75 16.54 17.36 18.23 19.14 (Hourly Rates) Intern II n/a 15.38 16.14 16.95 17.80 18.69 19.62 (Hourly Rates) Information Technology Specialist II HMMA 28 5,366 5,634 5,915 6,211 6,522 6,848 IT Operation/Network Systems Suprvsr HMMA 35 6,378 6,697 7,031 7,383 7,752 8,140 Lead Equipment Mechanic SEIU 50 4,476 4,700 4,935 5,182 5,441 5,577 5,716 Lead Maintenance Worker SEIU 43 3,767 3,956 4,154 4,361 4,579 4,694 4,811 Lead Tree Trimmer SEIU 46 4,056 4,259 4,472 4,696 4,930 5,054 5,180 Lead Water Distribution Sys. Oper SEIU 45 3,957 4,155 4,363 4,581 4,810 4,931 5,054 Lead WW Collections Sys. Oper SEIU 45 3,957 4,155 4,363 4,581 4,810 4,931 5,054 Librarian HMMA 21 4,514 4,740 4,977 5,225 5,487 5,761
Library Aide, Temporary On-Call n/a $15.00 $15.75 $16.54 $17.36 $18.23 (Hourly rates) Library Assistant I SEIU 32 2,872 3,015 3,166 3,324 3,491 3,578 3,667 Library Assistant II SEIU 38 3,329 3,495 3,670 3,853 4,046 4,147 4,251 Library Associate I SEIU 42 3,675 3,859 4,052 4,254 4,467 4,579 4,693 Library Associate II SEIU 45 3,957 4,155 4,363 4,581 4,810 4,931 5,054 Library Director AW LD Annual salary $128,244
Library Page SEIU 15 2,730 2,867 3,010 3,160 3,318 3,401 3,486 Literacy Coordinator PT SEIU 42 $21.20 $22.26 $23.37 $24.54 $25.77 (Hourly rates) $26.41 $27.07 Maintenance Aide I - TPT n/a ccy $15.00 $15.75 $16.54 $17.36 $18.23 (Hourly rates) Maintenance Management Tech. SEIU 40 3,498 3,672 3,856 4,049 4,251 4,358 4,467 Maintenance Worker I SEIU 36 3,169 3,327 3,494 3,668 3,852 3,948 4,047 Maintenance Worker II SEIU 39 3,413 3,583 3,762 3,950 4,148 4,252 4,358 Management Analyst MC 25 6,222 6,533 6,860 7,203 7,563 7,941 8,338 Management Assistant HMMA 28 5,366 5,634 5,915 6,211 6,522 6,848

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City of Hemet
Salary Schedule by Position
Last Revised: 10.25.2022
Effective: 12.13.2022
Revised by: MS 11.22.2022
SEIU Longevity
Position Unit Range 1(A) 2(B) 3(C) 4(D) 5(E) (F) (G) 6 7 Mayor - Elected E $645.67/mo
Media and Intelligence Analyst HMMA 32 5,922 6,218 6,529 6,855 7,198 7,558 Office Specialist - Confidential HMMA 5 3,041 3,193 3,352 3,520 3,696 3,881 Office Specialist I SEIU 28 2,730 2,867 3,010 3,160 3,318 3,401 3,486 Office Specialist II SEIU 32 2,872 3,015 3,166 3,324 3,491 3,578 3,667 Office Specialist III SEIU 36 3,169 3,327 3,494 3,668 3,852 3,948 4,047 Park Ranger SEIU 52 4,704 4,939 5,186 5,445 5,718 5,861 6,007 Parks Maintenance Supervisor HMMA 31 5,778 6,067 6,370 6,689 7,023 7,375 Payroll/Human Resources Specialist MC 18 5,234 5,496 5,771 6,059 6,362 6,680 7,014 Planning Technician SEIU 46 4,056 4,259 4,472 4,696 4,930 5,054 5,180 Plans Examiner SEIU 57 5,322 5,589 5,868 6,161 6,469 6,631 6,797 Police Cadet HNSPEA CAD 15.00 15.75 16.54 17.36 18.23 (Hourly rates) Police Captain HPMA 3 12,066 12,669 13,303 13,968 14,666 15,400 Police Chief AW PC Annual salary $243,088
Police Corporal HPOA 54 0 0 8,816 9,257 9,720
Police Investigator HPOA 52 6,892 7,236 7,598 7,978 8,377 8,796 9,236 Police Lieutenant HPMA 2 10,968 11,517 12,093 12,697 13,332 13,999 Police Officer HPOA 50 6,265 6,579 6,908 7,253 7,616 7,996 8,396 Police Officer-Trainee HPOA 49 4,699
Police Personnel & Training Coordinator MC 14 4,741 4,978 5,227 5,488 5,762 6,051 6,353 Police Sergeant HPMA 1 9,141 9,598 10,078 10,582 11,111 11,667 Principal Accountant MC 24 6,070 6,374 6,692 7,027 7,378 7,747 8,134 Principal Engineer HMMA 51 9,468 9,941 10,438 10,960 11,508 12,084 Principal Planner HMMA 44 7,965 8,364 8,782 9,221 9,682 10,166 Procurement Administrator HMMA 34 6,223 6,535 6,861 7,204 7,565 7,943 Program Coordinator - Office of Violence Prevention MC 15 4,860 5,103 5,358 5,626 5,907 6,203 6,513 Property & Evidence Technician HNSPEA 36 3,705 3,891 4,085 4,289 4,504 4,729 Public Information Social Media Officer HMMA 39 7,040 7,392 7,762 8,150 8,557 8,985 Public Safety Director AW PSD $208.40/Hour
Public Safety Dispatch Supervisor HMMA 34 6,223 6,535 6,861 7,204 7,565 7,943 Public Safety Dispatcher HNSPEA 38 5,168 5,426 5,698 5,982 6,282 6,596 Public Safety Dispatcher - On Call n/a $39.20 (Per hour)

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City of Hemet
Salary Schedule by Position
Last Revised: 10.25.2022
Effective: 12.13.2022
Revised by: MS 11.22.2022
SEIU Longevity
Position Unit Range 1(A) 2(B) 3(C) 4(D) 5(E) (F) (G) 6 7 Public Safety Office Specialist HNSPEA 30 3,231 3,392 3,562 3,740 3,927 4,123 Public Safety Operator HNSPEA 33 3,708 3,893 4,088 4,292 4,507 4,732 Public Safety Support Services Manager HMMA 44 7,965 8,364 8,782 9,221 9,682 10,166 Public Works Director AW PWD Annual salary $139,800
Public Works Director/City Engineer AW PWE 14,583 14,984 15,396 15,819 16,255 Public Works Inspector I SEIU 46 4,056 4,259 4,472 4,696 4,930 5,054 5,180 Public Works Inspector II SEIU 50 4,476 4,700 4,935 5,182 5,441 5,577 5,716 Public Works Operations Manager HMMA 47 8,576 9,005 9,455 9,928 10,425 10,946 Senior Building Inspector SEIU 58 5,455 5,727 6,014 6,315 6,630 6,796 6,966 Senior Code Enforcement Officer HMMA 25 4,982 5,231 5,493 5,768 6,056 6,359 Senior Engineering Technician SEIU 54 4,942 5,189 5,449 5,721 6,007 6,158 6,312 Senior Human Resources Technician MC 20 5,499 5,774 6,062 6,366 6,684 7,018 7,369 Senior Librarian HMMA 26 5,107 5,363 5,631 5,912 6,208 6,518 Senior Planner HMMA 36 6,537 6,864 7,207 7,568 7,946 8,343 Senior Public Works Inspector SEIU 58 5,455 5,727 6,014 6,315 6,630 6,796 6,966 Special Projects Manager HMMA 25 4,982 5,231 5,493 5,768 6,056 6,359 Streets Supervisor HMMA 31 5,778 6,067 6,370 6,689 7,023 7,375 Sweeper Operator SEIU 42 3,675 3,859 4,052 4,254 4,467 4,579 4,693 Traffic Engineer U 6,706 7,041 7,393 7,763 8,151 8,559
Treasurer - Elected E $645.67/mo
Tree Trimmer SEIU 42 3,675 3,859 4,052 4,254 4,467 4,579 4,693 Utility Worker SEIU 33 2,942 3,089 3,244 3,406 3,576 3,666 3,757 Wastewater Collection Sys Oper I SEIU 36 3,169 3,327 3,494 3,668 3,852 3,948 4,047 Wastewater Collection Sys Oper II SEIU 41 3,584 3,763 3,951 4,149 4,356 4,465 4,576 Water Dist Sys Oper I SEIU 36 3,169 3,327 3,494 3,668 3,852 3,948 4,047 Water Dist Sys Oper II SEIU 41 3,584 3,763 3,951 4,149 4,356 4,465 4,576 Water Production Systems Oper. I SEIU 43 3,767 3,956 4,154 4,361 4,579 4,694 4,811 Water Production Systems Oper. II SEIU 48 4,262 4,475 4,699 4,934 5,180 5,310 5,443 Water Quality & Conserv. Spec. SEIU 49 4,368 4,586 4,816 5,057 5,309 5,442 5,578 Water/Waste Water Superintendent HMMA 43 7,771 8,160 8,568 8,996 9,446 9,918 Water/Waste Water Supervisor HMMA 31 5,778 6,067 6,370 6,689 7,023 7,375

21.AC

City of Hemet
Salary Schedule by Position
Last Revised: 10.25.2022
Effective: 12.13.2022
Revised by: MS 11.22.2022
SEIU Longevity
Position Unit Range 1(A) 2(B) 3(C) 4(D) 5(E) (F) (G) 6 7

All rates are monthly unless otherwise indicated.

Classification updates include Assistant Engineer (salary range adjustment).

BARGAINING UNIT KEY
At Will AW
Elected Officials E
Hemet Firefighters Association HFFA
Hemet Mid Management Association HMMA
Hemet Non-Sworn Personnel HNSPEA
Hemet Police Officers Association HPOA
Hemet Police Managment Association HPMA
Management/Confidential Personnel MC
Service Employees International Union SEIU
Undertermined U

21.AC

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: City Attorney
Submitted by: Eddie Pust, Interim City Manager
Steven Graham, City Attorney;

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

TITLE:

An Ordinance of the City Council of the City of Hemet, California, Amending Section 2 -333(k) Related to Public Projects

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Consider, Discuss and Possibly Waive Further Reading, Int roduce and Conduct the First Reading by Title Only an Ordinance of the City Council of the City of Hemet, California, Amending Section 2-333(k) Related to Public Projects.

BACKGROUND:

In June of 2022, the City Council updated the City's Purchasing Ordin ance to streamline procurement operations.

One change the City Council adopted, with the intent of adding consistency to contract and signing authority for the City Manager, was requiring City Council approval on all procurement over $50,000, including those for public works projects. Previously, the City Manager had contract authority for public works projects in a much higher amount.

Since adopted, the updated Purchasing Ordinance has been effective in streamlining operations, with the exception of the $50,000 cap for public projects. This has resulted in several projects that would have previously been processed by the City Manager using informal procurement methods instead of needing to come to the City Council.

This ordinance would clarify that public works projects utilizing the informal procurement processes authorized by Section 2 -333(a) and (b) could be approved by the City Manager only. The limits for informal public works project procurement are set by state law, and the limit is currently $200,000.

STRATEGIC PLAN INTEGRATION:

22.A

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

Objective 1: Operate in a financially sustainable manner.

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

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

ATTACHMENT(S):

Ordinance - Public Contracts

22.A

- 1 -
HEMET ORDINANCE NO. XXX
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, AMENDING SECTION 2-333(k)

RELATED TO PUBLIC PROJECTS

THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Legislative Actions
Section 2-333(k) shall be amended to read as follows:
“(k) Procurement and Signature Authority. Notwithstanding the provisions of Section 2- 328, or any other provision of this Code, the City Manager shall have approval and contract authority for all Public Projects authorized under subsections (a) and (b) above.” Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The City Council of the City of Hemet hereby declares that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 3. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

22.A

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HEMET ORDINANCE NO.
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Section 4. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

PASSED, APPROVED AND ADOPTED this ____ day of ______, 2022. _____________________________________
________________________, MAYOR
ATTEST:
________________________________

JOHN MAIER, CITY CLERK
APPROVED AS TO FORM:
________________________________

STEVEN GRAHAM, CITY ATTORNEY

22.A

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: City Attorney
Submitted by: Eddie Pust, Interim City Manager
Steven Graham, City Attorney;

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

TITLE:

An Ordinance of the City Council of the City of Hemet, California, Amending Section 74-79 of the Hemet Municipal Code Related to Transient Occupancy Tax Appeals

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Consider, Discuss and Possibly Waive Further Reading, Introduce and Conduct First Reading by Title Only an Ordinance of the City Council of the City of Hemet, California, Amending Section 74-79 of the Hemet Municipal Code Related to Transient Occupancy Tax Appeals.

BACKGROUND:

Transient occupancy tax (TOT), is a tax collected from lodgers from the operator of a hotel when they rent a hotel or motel room, campsite or RV space in the City of Hemet for 30 days or less. The tax is 10% of the total bill for lodging and goes to the general fund to pay for general city services such as law enforcement, fire, emergency medical, public works, planning, parks, and any other lawful municipal purpose.

Under Section 74-78, the tax administrator, currently, the City Manager, has the ability to estimate and assess taxes for operators who have failed to file returns. The operator has the ability to appeal that determination. Currently the appeal would be heard by the City Council.

DISCUSSION:

This amendment would change two provisions of Article III of Chapter 74.

1) The definition of tax administrator would be redefined to be the Finance Director or designee.

2) The appeals would be heard by the City's hearing officer rather than the City Council going forward.

22.B

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.

Objective 1: Operate in a financially sustainable manner.

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

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

FISCAL IMPACT:

There is no fiscal impact.

ALTERNATIVE(S):

The City Council could decline to introduce the ordinance or give alternative direction.

ATTACHMENT(S):

Ordinance - TOT Hearing Officer

22.B

- 1 -
HEMET ORDINANCE NO. XXX

CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,
AMENDING SECTION 74-79 OF

THE HEMET MUNICIPAL CODE

RELATED TO TRANSIENT

OCCUPANCY TAX APPEALS

THE CITY COUNCIL OF THE CITY OF HEMET DOES
HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Legislative Actions
A. The definition of “Tax Administrator” found in Section 74-71 of the Hemet Municipal Code is amended to read
as follows:

Tax administrator means the Finance Director manager
or their designated agent.

B. Section 74-79 of the Hemet Municipal Code is
amended to read as follows:

Sec. 74-79. - Appeals.

Any operator aggrieved by any decision of the tax
administrator under this article with respect to the

22.B

amount of such tax, interest and penalties, if any, may appeal to the hearing officer of the City of Hemet by
filing a notice of appeal with the city clerk within 15 days of the serving or mailing of the notice of
determination of tax due. The city clerk shall fix a time and place for hearing such appeal, and shall give
notice in writing to such operator at his last known
place of address. The findings of the hearing officer
shall be final and conclusive, and shall be served upon the appellant in the manner prescribed in this section
for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the
service of notice.

Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Hemet hereby declares that they would have adopted this Ordinance and each section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.

22.B

Section 3. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

Section 4. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
///
///
///

PASSED, APPROVED AND ADOPTED this ____ day of
______, 2022.
_____________________________________
________________________, MAYOR
ATTEST:
________________________________

JOHN MAIER, CITY CLERK

22.B

APPROVED AS TO FORM:
________________________________

STEVEN GRAHAM, CITY ATTORNEY

22.B

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Administration
Submitted by: Eddie Pust, Interim City Manager
John Maier, City Clerk;

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

TITLE:

Housing Authority Reorganization - Nominations for the Office of Chairperson and Vice Chairperson to Serve Until December 12, 2023

RECOMMENDED ACTION:

It is respectfully recommended that the City Council of the City of Hemet, acting as the successor agency to the Hemet Housing Authority:

Call for nominations and appoint a Chairperson and Vice-Chairperson of the Hemet Housing Authority to serve until December 12, 2023.

BACKGROUND:

The positions of Chairperson and Vice -Chairperson on the Hemet Housing Authority are generally considered honorary and ceremonial, but also serve an important procedural role as the presiding officer at Housing Authority meetings. The Chairperson is responsible for maintaining order and decorum of meetings and enforcing the City’s decorum rules where necessary. The Chairperson is responsible for the order of business at meetings, the efficient flow of business during meetings, and for preserving the right of the public to be heard in an orderly fashion. The Vice -Chairperson serves in absence of the Chairperson. Reorganizations of the Hemet Housing Authority usually take place annually following a Municipal Election and when terms expire or a vacancy occurs. Below, please find outlined a suggested process for the selection of a Chairperson and a Vice-Chairperson.

DISCUSSION:

SELECTION OF CHAIRPERSON – SUGGESTED PROCESS:

1. City Clerk to call for nominations for the Office of Chairperson to serve until December 12, 2023;

2. Open the nomination of Chairperson from the seated Board Members of the Hemet Housing Authority;

3. Call for a second;

4. Ask for a vote from the Board.

22.C

SELECTION OF VICE-CHAIRPERSON – SUGGESTED PROCESS:

1. Newly elected Chairperson to call for nominations for the Office of Vice -Chairperson to serve until December 12, 2023;

2. Open the nomination of a Vice-Chairperson from the seated Board Members of the Hemet Housing Authority;

3. Call for a second;

4. Ask for a vote from the Board.

PREVIOUS COUNCIL ACTION:

MOTION BY BOARD MEMBER BROWN, SECOND BY BOARD MEMBER MEYER, CARRIED 5-0, to appoint Board Member Lilienthal as the chairperson for the He met Housing Authority, to serve until December 13, 2022.

MOTION BY BOARD MEMBER BROWN, SECOND BY BOARD MEMBER KRUPA, CARRIED 5-0. to appoint Board Member Meyer as the Vice-Chairperson for the Hemet Housing Authority, to serve until December 13, 2022.

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 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

Objective 3: Increase the community's pride within the City.

22.C

City of Hemet
Hemet Housing Authority

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Finance
Submitted by: Eddie Pust, Interim City Manager
Paul Espinoza, Interim Finance Director;

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

TITLE:

Approve the Successor Agency to the Former Hemet Redevelopment Agency Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 23-24

RECOMMENDED ACTION:

It is respectfully recommended that the Successor Agency to the Former Hemet Redevelopment Agency (“Successor Agency”):

Approve the Recognized Obligation Payment Schedule (“ROPS”) and Administrative Budget for July 1, 2023 through June 30, 2024 (“23-24”).

BACKGROUND:

Pursuant to the dissolution of redevelopment agencies per A ssembly Bill (“AB”) ABX1 26 (Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), and subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012) (altogether, “Dissolution Act”), the City of Hemet (“City”) adopted Resolution No. 2012-08-2537 on January 11, 2012, electing to serve as the Successor Agency to the former Hemet Redevelopment Agency (“former RDA”). The Successor Agency is required to prepare a ROPS prior to each 12-month fiscal period.

On September 22, 2015, Governor Brown signed Senate Bill (“SB”) 107, which went into effect immediately. SB 107 made several key changes to the Health and Safety Code (“HSC”) sections that establish the ROPS process (“the Dissolution Law”). On July 1, 2018, local oversight boards established by the Dissolution Law (specifically HSC Sections 34179 to 34181) to oversee successor agencies’ actions were replaced by countywide oversight boards. As of July 1, 2018, the applicable consolidated oversight board overseeing the Successor Agency is called the Countywide Oversight Board for the County of Riverside (“Oversight Board”).

Oversight boards have broad authority to determine meeting dates at which successor agencies must submit items, to set administrative budgets, to approve enforceable obligations, and otherwise to direct the successor agency to perform activities to wind down the former redevelopment agencies.

Therefore, after the ROPS 23-24 and the Administrative Budget have been approved by the Successor

22.D

Agency, the ROPS 23-24 will be sent to the Oversight Board for approval at its meeting on January 19, 2023.

DISCUSSION:

The City, acting as the Successor Agency, continues to prepare ROPS to ensure the former RDA’s financial obligations are met.

The Successor Agency is being asked to consider approval of the accompanying ROPS 23 -24, attached as Exhibit A, and, once approv ed, transmit it to the Oversight Board and then the California Department of Finance (“DOF”) to allow for disbursement of revenue to meet upcoming debt service payments and related enforceable obligations.

The ROPS 23-24 contains the following sections:

1. Summary;

2. Detailed description of requested funding for the upcoming fiscal year;

3. Account of cash balances for Fiscal Year 20-21; and

4. Notes to explain parts of the ROPS.

In total, the Successor Agency is requesting $1,023,694in Redevelopment Property Tax Trust Funds (“RPTTF”) and the use of $763,422 in Reserve Balance funds as shown on the ROPS Summary. These obligations are divided between two periods: 23-24A and 23-24B. These two periods correspond to the biannual disbursement of RPTTF dollars from the Riverside County Auditor-Controller (“County A/C”) to the Successor Agency, which occurs in January and June each year. The Successor Agency is requesting funds for the following items:

1. Estimated Fiscal Agent Fees;

2. Tax Allocation Refunding Bond Payments; and

3. Successor Agency Administrative Costs.

Estimated Fiscal Agent Fees

The Successor Agency is required to provide payments to Union Bank, the designated fiscal agent for the 2014 Tax Allocation Bond Refunding. The Fiscal Agent holds the accounts for the bonds and makes the debt service payments twice a year. The Successor Agency is requesting $3,600.This payment will continue until the bonds are paid off in 2031.

Tax Allocation Refunding Bond Payment

The Refunding Bonds were issued on December 23, 2014. In accordance with the terms of the bond issuance, the Successor Agency is required to prepare payment for the full calendar year of debt service payments. This includes requesting funding and using reserve funds for two payments totaling $875,969 during Fiscal Year 23 -24 and one payment totaling $782,547 to reserve for Fiscal Year 24 -

25. Hemet Unified School District Certificates of Participation

The Hemet Unified School District (“HUSD”) entered into a Mem orandum of Understanding with the former RDA on October 23, 1990 for the financing of public school facilities. HUSD has requested that the Successor Agency add an item to ROPS 20-21 for the payment of the below items:

22.D

• Agreement for Cooperation Between HUS D, the former RDA, and the City, dated October 12, 1982 (“Passthrough Agreement”);
• Memorandum of Understanding between HUSD and the former RDA, dated October 23, 1990 (“MOU”);
• HUSD’s 2015 Refunding Certificates of Participation in the amount of $16,690,000 and a maturity date of October 1, 2028 (“2015 Refunding COPs”); and • HUSD’s 2019 Refunding Certificates of Participation in the amount of $2,925,000 and a maturity date of October 1, 2031 (“2019 Refunding COPs”).

HUSD makes this request per section 9, page 12 of the MOU, which specifically states:

"For purposes of Section 33675 of the Health and Safety Code, the lease payments with respect to the District's 1990 COPs and payment on any other lease financing arrangements or other obligations incurred by the District for tire purpose of financing School Projects and secured by the District Share shall be deemed to be a debt of the Agency payable from the District Share in satisfaction of the obligations of the Agency under the Amended Cooperation Agreement . The District shall take all necessary action and cooperate fully with the Agency to enable the Agency to list all payments of the District Share as a debt of the Agency on any 'statements of indebtedness' the Agency may be required to file with the Riverside County Auditor-controller under Section 33675 of the Health and Safety Code." (Emph. added.)

The Successor Agency added ROPS Items 16 and 17 to the ROPS in FY 2020 -21 as an obligation to ensure the 2015 Refunding COPs, and 2019 Refunding COPs contin ue to be paid even if all other enforceable obligations are retired or paid off before their maturity date. The Successor Agency will, again, request $0 in RPTTF for these items.

Successor Agency Administrative Costs

HSC Section 34177(j) requires the Successor Agency to prepare an Administrative Budget and submit it to the Oversight Board for approval. Per HSC Section 34177, each successor agency is limited to an administrative cost allowance of the greater of $250,000 or 3% of its approved non -administrative obligations in the previous ROPS year. The Successor Agency had $898,984 in non -administrative obligations approved in the ROPS period covering July 1, 2022 to June 30, 2023, allowing the Successor Agency to reques t the greater of $26,970 or $250,000. The Successor Agency is only requesting $125,000, of which the total $125,000 will be disbursed July 1, 2023.

Submittal to the California Department of Finance

Dissolution Law requires that the ROPS 23 -24 be approved by the Oversight Board and submitted to DOF, the State Controller’s Office, and the Riverside County Auditor-Controller no later than February 1, 2023. If this deadline is not met, the City of Hemet (as the City and not as the Successor Agency) will be required to pay a $10,000 per day fine.

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.

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

22.D

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

FISCAL IMPACT:

Upon approval by the Successor Agency, Oversight Board, and DOF, ROPS 23 -24 would request RPTTF funding needed for the Successor Agency to timely remit payments on enforceable obligations due during Fiscal Year 23 -24. The City and other affected taxing age ncies are entitled to receive the balance (“Residual”) of any RPTTF available after each of the two RPTTF distribution periods based on their respective shares.

ATTACHMENT(S):

Hemet SA Resolution - ROPS 23-24 Admin Budget
FY 2023-24 Administrative Budget
Hemet ROPS 23-24 Template to Send to City

22.D

SUCCESSOR AGENCY RESOLUTION BILL NO. 2022-__
1 2
3 4SUCCESSOR AGENCY TO THE FORMER HEMET REDEVELOPMENT AGENCY 5Hemet, California
6RESOLUTION BILL NO. 2022-__
7 8A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER HEMET 9REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT 10SCHEDULE FOR JULY 1, 2023 THROUGH JUNE 30, 2024 AND APPROVING THE 11ADMINISTRATIVE BUDGET FOR JULY 1, 2023 THROUGH JUNE 30, 2024. 12 13WHEREAS, pursuant to the dissolution of redevelopment agencies per Assembly Bill 14(“AB”) ABX1 26 (Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), and 15subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012) (altogether, “Dissolution Act”), 16the City of Hemet (“City”) adopted Resolution No. 2012-08-2547 on January 11, 2012, electing 17to serve as Successor Agency to the Hemet Redevelopment Agency (“Successor Agency”); and 18 19WHEREAS, pursuant to Health & Safety Code (“HSC”) Section 34177(m), the 20Successor Agency is required to prepare a Recognized Obligation Payment Schedule (“ROPS”) 21prior to each 12-month fiscal period, in a manner prescribed by the California Department of 22Finance (“DOF”), and submit the ROPS to the oversight board, the Riverside County Auditor- 23Controller, the State Controller’s Office, and DOF for review and approval; and 24 25WHEREAS, as of, on, and after July 1, 2018, under the Dissolution Law, Section 2634179(j), in every California county there shall be only one oversight board that is staffed by the 27county auditor-controller; and
28

22.D

SUCCESSOR AGENCY RESOLUTION BILL NO. 2022-__
1WHEREAS, the applicable consolidated oversight board overseeing this Successor 2Agency is called the Countywide Oversight Board for the County of Riverside (“Oversight 3Board”); and
4 5WHEREAS, every oversight board, both the prior local oversight board and this newly 6established Oversight Board, has fiduciary responsibilities to the holders of enforceable 7obligations and to the taxing entities that benefit from distributions of property tax and other 8revenues under the Dissolution Law, in particular Section 34188; and 9 10WHEREAS, pursuant to HSC Section 34177(m), the ROPS for the period beginning July 111, 2023 and ending June 30, 2024 (“23-24”) shall be submitted to the Oversight Board and DOF 12no later than February 1, 2023; and
13 14WHEREAS, pursuant to HSC Section 34177(m)(2), if a successor agency does not 15submit a ROPS by the aforementioned deadline, the city, county, or city and county that created 16the redevelopment agency shall be subject to a civil penalty equal to ten thousand dollars 17($10,000) per day for every day the schedule is not submitted to DOF; and 18 19WHEREAS, Section 34177(j) of the Dissolution Act requires the Successor Agency to 20prepare a proposed Administrative Budget for 23-24 (“Administrative Budget”) and submit it to 21the Oversight Board for approval; and
22 23WHEREAS, pursuant to Section 34177(j), the Successor Agency’s Administrative 24Budget is to include all of the following: (a) estimated amounts of the Successor Agency's 25administrative costs for the upcoming twelve-month fiscal period; (b) the proposed sources of 26payment for the costs identified in (a); and (c) proposals for arrangements for administrative and 27operations services provided by the city serving as Successor Agency; and 28

22.D

SUCCESSOR AGENCY RESOLUTION BILL NO. 2022-__
1WHEREAS, Exhibit “A” to this Resolution establishes the ROPS 23-24 and Exhibit “B” to 2this Resolution establishes the Administrative Budget in a manner consistent with that 3prescribed by DOF; and
4 5WHEREAS, the Oversight Board is expected to consider approval of the ROPS 23-24 6and the Administrative Budget for 23-24 on January 19, 2023; and 7 8WHEREAS, the Successor Agency desires to approve the ROPS 23-24 along with the 9Administrative Budget and transmit it to the Oversight Board, the Riverside County Auditor- 10Controller, the State Controller’s Office, and DOF as required by HSC Section 34172, et seq. 11 12NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the 13Successor Agency to the Former Hemet Redevelopment Agency, in regular session 14assembled December 13, 2022 as follows:
151. That the Successor Agency hereby finds and declares that the above recitals are true 16and correct.
172. The Successor Agency hereby approves the ROPS 23-24, attached hereto as Exhibit A, 18subject to the approval of the Oversight Board and DOF. The Successor Agency also 19accepts administrative revisions made to the ROPS 23-24 in order to enable the 20Successor Agency to submit the ROPS 23-24 to DOF by the deadline of February 1, 212023.
223. The Successor Agency approves the Administrative Budget, attached hereto as Exhibit 23B, that is included in the ROPS 23-24.
244. Successor Agency staff is directed to transmit the ROPS 23-24 to the Oversight Board 25and upon Oversight Board’s approval, post the ROPS 23-24 on the City of Hemet’s 26website and submit the ROPS 23-24 to DOF, the California State Controller’s Office, and 27the Riverside County Auditor-Controller prior to February 1, 2023 as required by law. 28 29

22.D

SUCCESSOR AGENCY RESOLUTION BILL NO. 2022-__
1PASSED, APPROVED, AND ADOPTED this 13 th day of December 2022. 2 3_________________________________
4Malcolm Lilienthal, Mayor
5 6ATTEST: APPROVED AS TO FORM:
7 8_____________________________ _________________________________ 9John Maier, City Clerk Steven Graham, City Attorney
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29

22.D

SUCCESSOR AGENCY RESOLUTION BILL NO. 2022-__
1State of California )
2County of Riverside )
3City of Hemet )
4 5I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Resolution is 6the actual Resolution adopted by the Successor Agency to the Former Hemet Redevelopment 7Agency and was passed at a regular meeting of the Successor Agency on the 13 th day of 8December 2022 by the following vote:
9 10AYES:
11NOES:
12ABSTAIN:
13ABSENT:
14 15
16 17
18John Maier, City Clerk
19

22.D

SUCCESSOR AGENCY RESOLUTION BILL NO. 2022-__
1EXHIBIT A
2 3RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 42023 TO JUNE 30, 2024
5

22.D

SUCCESSOR AGENCY RESOLUTION BILL NO. 2022-__
1EXHIBIT B
2 3SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 42023 TO JUNE 30, 2024

22.D

EXHIBIT B

HEMET SUCCESSOR AGENCY
ADMINISTRATIVE BUDGET FY 2023-24
FOR JULY 1, 2023 to JUNE 30, 2024
Expense Category Responsibilities
FY 2023-24
Proposed
Budget
Salaries and Wages
Staff salaries, benefits, and
payroll taxes
•Process payment of enforceable obligations
•Maintain documentation of Agency records
•Coordinate with consultant to answer questions and provide documentation as requested by Oversight Board, County Auditor-Controller, and Department of Finance
•Prepare Prior Period Adjustment (PPA)
•Reconcile Cash Balances
$95,000
TOTAL $95,000
Maintenance and Operations
Contract services
•Prepare ROPS, PPA, staff reports, and resolutions
•Coordinate with and answer questions for Oversight Board, County Auditor-Controller, and State Department of Finance
•Monitor and project cash flow to ensure sufficient revenues for obligations and to inform Agency staff of expected revenues
•Reconcile Cash Balances
$20,000
Insurance and legal services •Review staff reports and resolutions •Provide legal services as needed $10,000
TOTAL $30,000
TOTAL BUDGET $125,000

22.D

Successor Agency: Hemet
County: Riverside
Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 23-24A Total
(July - December)
23-24B Total
(January - June) ROPS 23-24 Total
A Enforceable Obligations Funded as Follows (B+C+D): 763,422$ -$ 763,422$ B Bond Proceeds -$ -$ -$ C Reserve Balance 763,422$ -$ 763,422$ D Other Funds -$ -$ -$ E Redevelopment Property Tax Trust Fund (RPTTF) (F+G): 125,000$ 898,694$ 1,023,694$ F RPTTF -$ 898,694$ 898,694$ G Administrative RPTTF 125,000$ -$ 125,000$ H Current Period Enforceable Obligations (A+E): 888,422$ 898,694$ 1,787,116$ Certification of Oversight Board Chairman: Signature Title Pursuant to Section 34177 (o) of the Health and Safety Code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. Signature Title
Recognized Obligation Payment Scehdule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period

22.D

A B C D E F G H I J K L M N O P Q R S T U V W
Bond
Proceeds
Reserve
Balance Other Funds RPTTF
Admin
RPTTF
Bond
Proceeds
Reserve
Balance Other Funds RPTTF
Admin
RPTTF
35,820,780$ 1,787,116$ -$ 763,422$ -$ -$ 125,000$ 888,422$ -$ -$ -$ 898,694$ -$ 898,694$ 4 Hemet Project Area/Fiscal AgentFees 6/21/2005 12/31/2031 Union Bank Administration fee for Tax
Allocation Bond administration
All
98,860 N 3,600$ -$ 3,600$ 3,600$ 5 Successor Agency Costs
(As allowed by H&S Code
Section 34171(b)) Admin Costs 7/1/2014 12/31/2031
City of Hemet Administrative expenses of
Successor Agency
All
2,475,000 N 125,000$ 125,000$ 125,000$ -$ 12 Hemet Project Area/2014
Tax Allocation Refunding
Bonds
Refunding Bonds
Issued After
6/27/12 11/1/2014 12/31/2031
MUFG Union BankRefinancing of Tax Allocation
Bonds (items 1 and 2)
All
7,931,451 N 875,969$ 763,422$ 763,422$ 112,547$ 112,547$ 15 Reserve for Next Period of
Bonds Payment
Reserves 11/1/2014 12/31/2031
City of Hemet Reserve required by Indenture
for 2014 Refunding Bonds for
use in following ROPS period
within the same calendar year
All
6,671,500 N 782,547$ -$ 782,547$ 782,547$ 16 HUSD 2015 Refunding COP
Miscellaneous 10/1/2015 10/1/2028
Hemet Unified
School District
Certificate of Participation
payment to fund HUSD and the
City's debts secured by
payments under a Passthrough
Agreement/MOU between
HUSD and the former RDA.

All
14,665,794 N -$ -$ -$
17 HUSD 2019 Refunding COP
Miscellaneous 4/1/2020 10/1/2031
Hemet Unified
School District
Certificate of Participation
payment to fund HUSD and the
City's debts secured by
payments under a Passthrough
Agreement/MOU between
HUSD and the former RDA.

All
3,978,175 N -$ -$ -$
23-24B (January - June)
Fund Sources
Hemet Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1,2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Item # Project Name/Debt Obligation Obligation Type
Contract/Agreeme
nt
Execution Date
Contract/Agreeme
nt
Termination Date Payee Description/Project Scope Project Area Total
Outstanding
Debt or
Obligation
23-234B
TotalRetired
ROPS 23-24
Total
23-24A (July - December)
Fund Sources
23-24A
Total

22.D

A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before 12/31/10
Bonds issued on or
after 01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained for
future period(s)
Rent,
Grants,
Interest, etc.

Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution amount 790,830 1,022 135,884 E: $-57,207 19-20 ending balance + $3,860 from 18-
19 PPA held for 21-22 + $716,672 reserve for bond
payment + $127,505 19-20 PPA held for 22-23
F: 19-20 ending balance
G: $135,884 from 17-18 PPA for ROPS 20-21
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 18-19 total distribution from the County Auditor-Controller 15 937,210 F: 20-21 Other Revenues
G: 20-21B RPTTF distribution + Early 20-21A
RPTTF from ROPS 19-20
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
716,672 287,009
G: 20-21 RPTTF Expenses. RPTTF expenditures
exclude the Reserve Balance held for ROPS 20-
21A debt service
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
131,365 733,047
E: $3,860 from 18-19 PPA, $127,505 from 19-20
PPA. G:

Reseve Held for 21-22 bond payment
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
53,038 G: 20-21 PPA
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
0$ 0$ (57,207)$ 1,037$ 0$ No entry required
Hemet Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet.

ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds

22.D

Item # Notes/Comments
Hemet Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024

22.D