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City of Hemet Resolution No. 2023-xxx
WHEREAS, Fourth Amendment, dated May 24, 2022, amends Section 4 [Compensation and Method of Payment] for a total not-to-exceed contract amount of $290,000 over the term of the agreement, and
WHEREAS, the City of Hemet desires to terminate the Agreement with 4Leaf, Inc., and
WHEREAS, the final invoices through the end of the Agreement exceed the total previously authorized by the City Council by $78,500.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.
SECTION 2. City Council Actions.
a) The City Council ratifies the termination of the Agreement with 4Leaf, Inc., and
b) The City Manager is authorized and directed to execute any necessary documents, purchase orders, or amendments to the Agreement to effectuate payment of the final invoices from 4Leaf, Inc., so long as such payment does not increase the total not-to-exceed under the Agreement by more than $78,500 and such documents, purchase orders, or amendments are approved as to form by the City Attorney.
c) The City Manager, or his designee, is authorized and directed to utilize the funds allocated in the Building and Safety Division budget for the purposes of this Resolution.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 14th day of February, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th day of February, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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EXHIBIT B
COMPENSATION
NATURE OF BUILDING
SERVICES
COST STRUCTURE
Plan Review & CASp Services Plan Review Hourly Cost:
$97.85/hour Non-Structural Review
$123.60/hour Structural Review
$257.50/hour Geotechnical
Plan Review CASp Inspection
and/or Review: $133.90/hour
* Fee includes shipping and courier
service.
Fee Structure for Personnel
Senior Combination Building Inspector (Building Inspector III) ...............$97.85/hour Commercial Building Inspector (Building Inspector II).............................$87.55/hour Residential Building Inspector (Building Inspector I) ...............................$77.25/hour Training Building Inspector ......................................................................$56.65/hour Code Enforcement ...................................................................................$77.25/hour Permit Technician ....................................................................................$66.95/hour Senior Permit Technician .........................................................................$72.10/hour On-Site Structural Plan Review Engineer.................................................$123.60/hour On-Site Non-Structural Plans Examiner ...................................................$97.85/hour Fire Review ..............................................................................................$159.65/hour CASp Inspection .......................................................................................$133.90/hour Hourly overtime charge per inspector.....................................................1.5 x hourly rate
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EXHIBIT B
COMPENSATION
NATURE OF BUILDING SERVICES COST STRUCTURE
Plan Review & CASp Services Plan Review Hourly Cost:
$97.85/hour Non-Structural Review
$123.60/hour Structural Review
$257.50/hour Geotechnical Plan Review
CASp Inspection and/or Review: $133.90/hour
* Fee includes initial review and two (2) rechecks.
* Fee includes shipping and courier service.
Fee Structure for Personnel
Senior Combination Building Inspector (Building Inspector III)................................................$97.85/hour Commercial Building Inspector (Building Inspector II) .............................................................$87.55/hour Residential Building Inspector (Building Inspector I)................................................................$77.25/hour Training Building Inspector ......................................................................................................$56.65/hour Code Enforcement ...................................................................................................................$77.25/hour Permit Technician ....................................................................................................................$66.95/hour Senior Permit Technician .........................................................................................................$72.10/hour On-Site Structural Plan Review Engineer .................................................................................$123.60/hour On-Site Non-Structural Plans Examiner....................................................................................$97.85/hour Fire Review...............................................................................................................................$159.65/hour CASp Inspection .......................................................................................................................$133.90/hour Hourly overtime charge per inspector .....................................................................................1.5 x hourly rate
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AGREEMENTFORSERVICES
ByandBetween
THECITYOFHEET,aCaliforniamunicipalcorporation
and
4LEAF,Inc.aCaiforniacorporation
RIV#4829-3554-2213V
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AGREEMENTFORSERVICESBYANDBETWEENTHECITYOFHEMET,CALIFORNIAAND4LEAF,Inc.
ThisAgreementforServices(“Agreement”)isenteredintoasofthis11dayofAugust,2020byandbetweentheCityofHemet,aCaliforniamunicipalcorporation(“City”)and4LEAF,|nc.,aCaliforniacorporation(“ServiceProvider”).CityandServiceProvideraresometimeshereinafterindividuallyreferredtoas“Party"andhereinaftercollectivelyreferredtoasthe“Parties.”RECITALSA.Cityhassought,byrequestforproposaltheperformanceoftheservicesdefinedanddescribedparticularlyinSection2ofthisAgreement.B.ServiceProvider,followingsubmissionofaproposalfortheperformanceoftheservicesdefinedanddescribedparticularlyinSection2ofthisAgreement,wasselectedbytheCitytoperformthoseservices.C.PursuanttotheCityofHemet’sMunicipalCode,CityhasauthoritytoenterintothisServicesAgreementandtheCityManagerhasauthoritytoexecutethisAgreement.D.ThePartiesdesiretoformalizetheselectionofServiceProviderforperformanceofthoseservicesdefinedanddescribedparticularlyinSection2ofthisAgreementanddesirethatthetermsofthatperformancebeasparticularlydefinedanddescribedherein.OPERATIVEPROVISIONSNOW,THEREFORE,inconsiderationofthemutualpromisesandcovenantsmadebythePartiesandcontainedhereandotherconsideration,thevalueandadequacyofwhichareherebyacknowledged,thePartiesagreeasfollows:SECTION1. TERMOFAGREEMENT.SubjecttotheprovisionsofSection20"TerminationofAgreement"ofthisAgreement,theTermofthisAgreementisforthree(3)yearscommencingonthedatefirstascribedabove.Cityshallbegrantedtwo(2)one(1)yearoptionstoextendtheTermoftheAgreement.Cityshallexerciseoption(s)bywrittennoticetoServiceProvideratleastthirty(30)dayspriortotheendoftheexistingTerm.
RIV#4829-3554-2213v1
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ScopeofServices
ScheduleofPerformance
SECTION2. SCOPEOFSERVICES&SCHEDULEOFPERFORMANCE.(a) .ServiceProvideragreestoperformtothesatisfactionoftheCitytheservicessetforthinExhibit“A”“ScopeofServices”(hereinafter,the“Services”)andmadeapartofthisAgreementbythisreference.(b) .TheServicesshallbecompletedtothesatisfactionoftheCitypursuanttotheschedulespecifiedinExhibitShouldtheServicesnotbecompletedpursuanttothatschedule,theServiceProvidershallbedeemedtobeinDefaultofthisAgreement.TheCity,initssolediscretion,maychoosenottoenforcetheDefaultprovisionsofthisAgreementandmayinsteadallowServiceProvidertocontinueperformingtheServices.SECTION3 ADDITIONALSERVICESServiceProvidershallnotbecompensatedforanyworkrenderedinconnectionwithitsperformanceofthisAgreementthatareinadditiontooroutsideoftheServicesunlesssuchadditionalservicesareauthorizedinadvanceandinwritinginaccordancewithSection26“Administrationandlmplementation”orSection28“Amendment”ofthisAgreement.Ifandwhensuchadditionalworkisauthorized,suchadditionalworkshallbedeemedtobepartoftheServices.SECTION4 COMPENSATIONANDMETHODOFPAYMENT.(a)SubjecttoanylimitationssetforthinthisAgreement,CityagreestopayServiceProvidertheamountsspecifiedinExhibit“B”“Compensation”andmadeapartofthisAgreementbythisreference.Thetotalcompensation,includingreimbursementforactualandreasonableexpenses,shallnotexceedfiftyfivethousanddollars($55,000),unlessadditionalcompensationisapprovedinwritinginaccordancewithSection26“AdministrationandImplementation”orSection28“Amendment”ofthisAgreement.(b)EachmonthServiceProvidershallfurnishtoCityanoriginalinvoiceforallworkperformedandexpensesincurredduringtheprecedingmonth.Theinvoiceshalldetailchargesbythefollowingcategories:labor(bysub—category),travel,materials,equipment,supplies,andsubcontractorcontracts.Subcontractorchargesshallbedetailedbythefollowingcategories:labor,travel,materials,equipmentandsupplies.Ifthecompensationsetforthinsubsection(a)andExhibit“B”includepaymentoflaboronanhourlybasis(asopposedtolaborandmaterialsbeingpaidasalumpsum),thelaborcategoryineachinvoiceshallincludedetaileddescriptionsoftaskperformedandtheamountoftimeincurredfororallocatedtothattask.CityshallindependentlyrevieweachinvoicesubmittedbytheServiceProvidertodeterminewhethertheworkperformedandexpensesincurredareincompliancewiththeprovisionsofthisAgreement.Intheeventthatnochargesorexpensesaredisputed,theinvoiceshallbeapprovedandpaidaccordingtothetermssetforthinsubsection(c).Intheeventany
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chargesorexpensesaredisputedbyCity,theoriginalinvoiceshallbereturnedbyCitytoServiceProviderforcorrectionandresubmission.(c)ExceptastoanychargesforworkperformedorexpensesincurredbyServiceProviderwhicharedisputedbyCity,CitywilluseitsbesteffortstocauseServiceProvidertobepaidwithinforty-five(45)daysofreceiptofServiceProvider’scorrectandundisputedinvoice.(d)PaymenttoServiceProviderforworkperformedpursuanttothisAgreementshallnotbedeemedtowaiveanydefectsinworkperformedbyServiceProvider.SECTION5 INSPECTIONANDFINALACCEPTANCE.CitymayinspectandacceptorrejectanyofServiceProvider’sworkunderthisAgreement,eitherduringperformanceorwhencompleted.CityshallrejectorfinallyacceptServiceProvider’sworkwithinsixty(60)daysaftersubmittedtoCity.Cityshallrejectworkbyatimelywrittenexplanation,othenlviseServiceProvider’sworkshallbedeemedtohavebeenaccepted.City’sacceptanceshallbeconclusiveastosuchworkexceptwithrespecttolatentdefects,fraudandsuchgrossmistakesasamounttofraud.AcceptanceofanyofServiceProvider’sworkbyCityshallnotconstituteawaiverofanyoftheprovisionsofthisAgreementincluding,butnotlimitedto,Section16“|ndemnification”andSection17“Insurance.”SECTION6. OWNERSHIPOFDOCUMENTS.Alloriginalmaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computerfiles,filesandotherdocumentsprepared,developedordiscoveredbyServiceProviderinthecourseofprovidingtheServicespursuanttothisAgreementshallbecomethesolepropertyofCityandmaybeused,reusedorotherwisedisposedofbyCitywithoutthepermissionoftheServiceProvider.Uponcompletion,expirationorterminationofthisAgreement,ServiceProvidershallturnovertoCityallsuchoriginalmaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computerfiles,filesandotherdocuments.IfandtotheextentthatCityutilizesforanypurposenotrelatedtothisAgreementanymaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computerfiles,filesorotherdocumentsprepared,developedordiscoveredbyServiceProviderinthecourseofprovidingtheServicespursuanttothisAgreement,ServiceProvider’sguaranteesandwarrantiesinSection9“StandardofPerformance”ofthisAgreementshallnotextendtosuchuseofthemaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computerfiles,filesorotherdocuments. #4829—3554-2213
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SECTION7. SERVICEPROVIDER'SBOOKSANDRECORDS.(a)ServiceProvidershallmaintainanyandalldocumentsandrecordsdemonstratingorrelatingtoServiceProvider’sperformanceoftheServices.ServiceProvidershallmaintainanyandallledgers,booksofaccount,invoices,vouchers,canceledchecks,orotherdocumentsorrecordsevidencingorrelatingtowork,services,expendituresanddisbursementschargedtoCitypursuanttothisAgreement.AnyandallsuchdocumentsorrecordsshallbemaintainedinaccordancewithgenerallyacceptedaccountingprinciplesandshallbesufficientlycompleteanddetailedsoastopermitanaccurateevaluationoftheservicesprovidedbyServiceProviderpursuanttothisAgreement.Anyandallsuchdocumentsorrecordsshallbemaintainedforthree(3)yearsfromthedateofexecutionofthisAgreementandtotheextentrequiredbylawsrelatingtoauditsofpublicagenciesandtheirexpenditures.(b)Anyandallrecordsordocumentsrequiredtobemaintainedpursuanttothissectionshallbemadeavailableforinspection,auditandcopying,atanytimeduringregularbusinesshours,uponrequestbyCityoritsdesignatedrepresentative.CopiesofsuchdocumentsorrecordsshallbeprovideddirectlytotheCityforinspection,auditandcopyingwhenitispracticaltodoso;othen/vise,unlessanalternativeismutuallyagreedupon,suchdocumentsandrecordsshallbemadeavailableatServiceProvider'saddressindicatedforreceiptofnoticesinthisAgreement.(c)WhereCityhasreasontobelievethatanyofthedocumentsorrecordsrequiredtobemaintainedpursuanttothissectionmaybelostordiscardedduetodissolutionorterminationofServiceProvider’sbusiness,Citymay,bywrittenrequest,requirethatcustodyofsuchdocumentsorrecordsbegiventotheCity.AccesstosuchdocumentsandrecordsshallbegrantedtoCity,aswellastoitssuccessors—in—interestandauthorizedrepresentatives.SECTION8 INDEPENDENTCONTRACTOR.(a)ServiceProviderisandshallatalltimesremainawhollyindependentcontractorandnotanofficer,employeeoragentofCity.ServiceProvidershallhavenoauthoritytobindCityinanymanner,nortoincuranyobligation,debtorliabilityofanykindonbehalfoforagainstCity,whetherbycontractorotherwise,unlesssuchauthorityisexpresslyconferredunderthisAgreementorisotherwiseexpresslyconferredinwritingbyCity.(b)ThepersonnelperformingtheServicesunderthisAgreementonbehalfofServiceProvidershallatalltimesbeunderServiceProvider’sexclusivedirectionandcontrol.NeitherCity,noranyelectedorappointedboards,officers,officials,employeesoragentsofCity,shallhavecontrolovertheconductofServiceProvideroranyofServiceProvider’sofficers,employees,oragentsexceptassetforthinthisAgreement.ServiceProvidershallnotatanytimeorinanymannerrepresentthatServiceProvideroranyofServiceProvider’sofficers,employees,oragentsareinanymannerofficials,officers,employeesoragentsofCity.
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'IIul-II.|.|..-Jr-.--I-r-I.q.|.l-.--|.|.l-|.||.|.- I?'l"l'lI'Z-"I-‘I-P1." .-h-LEE:. I.-.IaJ.-I.-—I J. I.-.|.-.—||. — .In?ll.r. T- 3 (c)NeitherServiceProvider,noranyofServiceProvider’sofficers,employeesoragents,shallobtainanyrightstoretirement,healthcareoranyotherbenefitswhichmayothenNiseaccruetoCity’semployees.ServiceProviderexpresslywaivesanyclaimServiceProvidermayhavetoanysuchrights.SECTION9. STANDARDOFPERFORMANCE.ServiceProviderrepresentsandwarrantsthatithasthequalifications,experienceandfacilitiesnecessarytoproperlyperformtheServicesrequiredunderthisAgreementinathorough,competentandprofessionalmanner.ServiceProvidershallatalltimesfaithfully,competentlyandtothebestofitsability,experienceandtalent,performallServices.InmeetingitsobligationsunderthisAgreement,ServiceProvidershallemploy,ataminimum,generallyacceptedstandardsandpracticesutilizedbypersonsengagedinprovidingservicessimilartotheServicesrequiredofServiceProviderunderthisAgreement.Inadditiontothegeneralstandardsofperformancesetforththissection,additionalspecificstandardsofperformanceandperformancecriteriamaybesetforthinExhibit“A”“ScopeofWork”thatshallalsobeapplicabletoServiceProvider’sworkunderthisAgreement.Wherethereisaconflictbetweenageneralandaspecificstandardofperformanceorperformancecriteria,thespecificstandardorcriteriashallprevailoverthegeneral.SECT|ON10.COMPLIANCEWITHAPPLICABLELAWS;PERMITSANDLICENSES.ServiceProvidershallkeepitselfinformedofandcomplywithallapplicablefederal,stateandlocallaws,statutes,codes,ordinances,regulationsandrulesineffectduringthetermofthisAgreement.ServiceProvidershallobtainanyandalllicenses,permitsandauthorizationsnecessarytoperformtheServicessetforthinthisAgreement.NeitherCity,noranyelectedorappointedboards,officers,officials,employeesoragentsofCity,shallbeliable,atlaworinequity,asaresultofanyfailureofServiceProvidertocomplywiththissection.SECTION11.PREV AILINGW AGELAWSItistheunderstandingofCityandServiceProviderthatCaliforniaprevailingwagelawsdonotapplytothisAgreementbecausetheAgreementdoesnotinvolveanyofthefollowingservicessubjecttoprevailingwageratespursuanttotheCaliforniaLaborCodeorregulationspromulgatedthereunder:Construction,alteration,demolition,installation,orrepairworkperformedonpublicbuildings,facilities,streetsorsewersdoneundercontractandpaidforinwholeorinpartoutofpublicfunds.Inthiscontext,“construction"includesworkperformedduringthedesignandpreconstructionphasesofconstructionincluding,butnotlimitedto,inspectionandlandsurveyingwork.
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SECTION12NONDISCRIMINATIONServiceProvidershallnotdiscriminate,inanyway,againstanypersononthebasisofrace,color,religiouscreed,nationalorigin,ancestry,sex,age,physicalhandicap,medicalconditionormaritalstatusinconnectionwithorrelatedtotheperformanceofthisAgreement.SECTION13UNAUTHORIZEDALIENS.ServiceProviderherebypromisesandagreestocomplywithalloftheprovisionsoftheFederalImmigrationandNationalityAct,8U.S.C.A.§§1101,e_ts_e:c1_.,asamended,andinconnectiontherewith,shallnotemployunauthorizedaliensasdefinedtherein.ShouldServiceProvidersoemploysuchunauthorizedaliensfortheperformanceoftheServices,andshouldtheanyliabilityorsanctionsbeimposedagainstCityforsuchuseofunauthorizedaliens,ServiceProviderherebyagreestoandshallreimburseCityforthecostofallsuchliabilitiesorsanctionsimposed,togetherwithanyandallcosts,includingattorneys‘fees,incurredbyCity.SECTION14CONFLICTSOFINTEREST.(a)ServiceProvidercovenantsthatneitherit,noranyofficerorprincipalofitsfirm,hasorshallacquireanyinterest,directlyorindirectly,whichwouldconflictinanymannerwiththeinterestsofCityorwhichwouldinanywayhinderServiceProvider’sperformanceoftheServices.ServiceProviderfurthercovenantsthatintheperformanceofthisAgreement,nopersonhavinganysuchinterestshallbeemployedbyitasanofficer,employee,agentorsubcontractorwithouttheexpresswrittenconsentoftheCityManager.ServiceProvideragreestoatalltimesavoidconflictsofinterestortheappearanceofanyconflictsofinterestwiththeinterestsofCityintheperformanceofthisAgreement.(b)CityunderstandsandacknowledgesthatServiceProvideris,asofthedateofexecutionofthisAgreement,independentlyinvolvedintheperformanceofnon-relatedservicesforothergovernmentalagenciesandprivateparties.ServiceProviderisunawareofanystatedpositionofCityrelativetosuchprojects.AnyfuturepositionofCityonsuchprojectsshallnotbeconsideredaconflictofinterestforpurposesofthissection.(c)CityunderstandsandacknowledgesthatServiceProviderwillperformnon—relatedservicesforothergovernmentalagenciesandprivatePartiesfollowingthecompletionoftheServicesunderthisAgreement.Anysuchfutureserviceshallnotbeconsideredaconflictofinterestforpurposesofthissection. #4829—3554—2213
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IndemnificationforProfessionalLiabi|ity.
SECTION15.CONFIDENTIALINFORMATION;RELEASEOFINFORMATION.(a)AllinformationgainedorworkproductproducedbyServiceProviderinperformanceofthisAgreementshallbeconsideredconfidential,unlesssuchinformationisinthepublicdomainoralreadyknowntoServiceProvider.ServiceProvidershallnotreleaseordiscloseanysuchinformationorworkproducttopersonsorentitiesotherthanCitywithoutpriorwrittenauthorizationfromtheCityManager,exceptasmayberequiredbylaw.(b)ServiceProvider,itsofficers,employees,agentsorsubcontractors,shallnot,withoutpriorwrittenauthorizationfromtheCityManagerorunlessrequestedbytheCityAttorneyofCity,voluntarilyprovidedeclarations,lettersofsupport,testimonyatdepositions,responsetointerrogatoriesorotherinformationconcerningtheworkperformedunderthisAgreement.Responsetoasubpoenaorcourtordershallnotbeconsidered"voluntary"providedServiceProvidergivesCitynoticeofsuchcourtorderorsubpoena.(c)IfServiceProvider,oranyofficer,employee,agentorsubcontractorofServiceProvider,providesanyinformationorworkproductinviolationofthisAgreement,thenCityshallhavetherighttoreimbursementandindemnityfromServiceProviderforanydamages,costsandfees,includingattorney’sfees,causedbyorincurredasaresultofServiceProvider’sconduct.(d)ServiceProvidershallpromptlynotifyCityshouldServiceProvider,itsofficers,employees,agentsorsubcontractors,beservedwithanysummons,complaint,subpoena,noticeofdeposition,requestfordocuments,interrogatories,requestforadmissionsorotherdiscoveryrequest,courtorderorsubpoenafromanypartyregardingthisAgreementandtheworkperformedthereunder.Cityretainstheright,buthasnoobligation,torepresentServiceProviderorbepresentatanydeposition,hearingorsimilarproceeding.ServiceProvideragreestocooperatefullywithCityandtoprovideCitywiththeopportunitytoreviewanyresponsetodiscoveryrequestsprovidedbyServiceProvider.However,thisrighttoreviewanysuchresponsedoesnotimplyormeantherightbyCitytocontrol,direct,orrewritesaidresponse.SECTION16.INDEMNIFICATION.(a) WherethelawestablishesaprofessionalstandardofcareforServiceProvider'sservices,tothefullestextentpermittedbylaw,ServiceProvidershallindemnify,protect,defendandholdharmlessCityandanyandallofitsofficials,employeesandagents(“lndemnifiedParties”)fromandagainstanyandallliability(includingliabilityforclaims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,losses,expensesorcostsofanykind,whetheractual,allegedorthreatened,includingattorney’sfeesandcosts,courtcosts,interest,defensecosts,andexpertwitnessfees)ariseoutof,areaconsequenceof,orareinanywayattributableto,inwholeorinpart,anynegligentorwrongfulact,errororomissionofServiceProvider,orbyanyindividualorentityfor
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LimitationofIndemnification.
Cit'5NeIience
whichServiceProviderislegallyliable,includingbutnotlimitedtoofficers,agents,employeesorsub-contractorsofServiceProvider,intheperformanceofprofessionalservicesunderthisAgreement.(b)IndemnificationforOtherthanPrnfessinnalliahilitvOtherthanintheperformanceofprofessionalservicesandtothefullextentpermittedbylaw,ServiceProvidershallindemnify,protect,defendandholdharmlessCity,andanyandallofitsemployees,officialsandagentsfromandagainstanyliability(includingliabilityforclaims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,losses,expensesorcostsofanykind,whetheractual,allegedorthreatened,includingattorney’sfeesandcosts,courtcosts,interest,defensecosts,andexpertwitnessfees),wherethesameariseoutof,areaconsequenceof,orareinanywayattributableto,inwholeorinpart,theperformanceofthisAgreementbyServiceProvider,orbyanyindividualorentityforwhichServiceProviderislegallyliable,includingbutnotlimitedtoofficers,agents,employeesorsub-contractorsofServiceProvider.(c)IndemnificationfromSubcontractors.ServiceProvideragreestoobtainexecutedindemnityagreementswithprovisionsidenticaltothosesetforthinthissectionfromeachandeverysubcontractororanyotherpersonorentityinvolvedby,for,withoronbehalfofServiceProviderintheperformanceofthisAgreementnamingtheIndemnifiedPartiesasadditionalindemnitees.IntheeventServiceProviderfailstoobtainsuchindemnityobligationsfromothersasrequiredherein,ServiceProvideragreestobefullyresponsibleaccordingtothetermsofthissection.FailureofCitytomonitorcompliancewiththeserequirementsimposesnoadditionalobligationsonCityandwillinnowayactasawaiverofanyrightshereunder.ThisobligationtoindemnifyanddefendCityassetforthhereinisbindingonthesuccessors,assignsorheirsofServiceProviderandshallsurvivetheterminationofthisAgreementorthissection.(cl) Notwithstandinganyprovisionofthissectiontothecontrary,designprofessionalsarerequiredtodefendandindemnifytheCityonlytotheextentpermittedbyCivilCodeSection2782.8,whichlimitstheliabilityofadesignprofessionaltoclaims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,losses,expensesorcoststhatariseoutof,pertainto,orrelatetothenegligence,recklessness,orwillfulmisconductofthedesignprofessional.Theterm“designprofessional,"asdefinedinSection2782.8,islimitedtolicensedarchitects,licensedlandscapearchitects,registeredprofessionalengineers,professionallandsurveyors,andthebusinessentitiesthatoffersuchservicesinaccordancewiththeapplicableprovisionsoftheCaliforniaBusinessandProfessionsCode.(e) .TheprovisionsofthissectiondonotapplytoclaimsoccurringasaresultofCity’ssolenegligence.TheprovisionsofthissectionshallnotreleaseCityfromliabilityarisingfromgrossnegligenceorwillfulactsoromissionsofCityoranyandallofitsofficials,employeesandagents.
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SECTION17.INSURANCE.ServiceProvideragreestoobtainandmaintaininfullforceandeffectduringthetermofthisAgreementtheinsurancepoliciessetforthinExhibit“C”“Insurance”andmadeapartofthisAgreement.AllinsurancepoliciesshallbesubjecttoapprovalbyCityastoformandcontent.TheserequirementsaresubjecttoamendmentorwaiverifsoapprovedinwritingbytheCityManager.ServiceProvideragreestoprovideCitywithcopiesofrequiredpoliciesuponrequest.SECTION18ASSIGNMENTTheexpertiseandexperienceofServiceProviderarematerialconsiderationsforthisAgreement.CityhasaninterestinthequalificationsandcapabilityofthepersonsandentitieswhowillfulfillthedutiesandobligationsimposeduponServiceProviderunderthisAgreement.Inrecognitionofthatinterest,ServiceProvidershallnotassignortransferthisAgreementoranyportionofthisAgreementortheperformanceofanyofServiceProvider’sdutiesorobligationsunderthisAgreementwithoutthepriorwrittenconsentoftheCity.Anyattemptedassignmentshallbeineffective,nullandvoid,andshallconstituteamaterialbreachofthisAgreemententitlingCitytoanyandallremediesatlaworinequity,includingterminationofthisAgreementpursuanttoSection20“TerminationofAgreement.”Cityacknowledges,however,thatServiceProvider,intheperformanceofitsdutiespursuanttothisAgreement,mayutilizesub-contractors.SECTION19.CONTINUITYOFPERSONNEL.ServiceProvidershallmakeeveryreasonableefforttomaintainthestabilityandcontinuityofServiceProvider’sstaffandsub-contractors,ifany,assignedtoperformtheServices.ServiceProvidershallnotifyCityofanychangesinServiceProvider’sstaffandsub-contractors,ifany,assignedtoperformtheServicespriortoandduringanysuchperformance.SECTION20TERMINATIONOFAGREEMENT(a)CitymayterminatethisAgreement,withorwithoutcause,atanytimebygivingthirty(30)dayswrittennoticeofterminationtoServiceProvider.Intheeventsuchnoticeisgiven,ServiceProvidershallceaseimmediatelyallworkinprogress.(b)ServiceProvidermayterminatethisAgreementforcauseatanytimeuponthirty(30)dayswrittennoticeofterminationtoCity.(c)IfeitherServiceProviderorCity.failtoperformanymaterialobligationunderthisAgreement,then,inadditiontoanyotherremedies,eitherServiceProvider,orCitymayterminatethisAgreementimmediatelyuponwrittennotice. #4829—3554-2213
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(d)UponterminationofthisAgreementbyeitherServiceProviderorCity,allpropertybelongingexclusivelytoCitywhichisinServiceProvider'spossessionshallbereturnedtoCity.ServiceProvidershallfurnishtoCityafinalinvoiceforworkperformedandexpensesincurredbyServiceProvider,preparedassetforthinSection4“CompensationandMethodofPayment”ofthisAgreement.ThisfinalinvoiceshallbereviewedandpaidinthesamemannerassetforthinSection4“CompensationandMethodofPayment”ofthisAgreement.SECTION21.DEFAULT.IntheeventthatServiceProviderisindefaultunderthetermsofthisAgreement,theCityshallnothaveanyobligationordutytocontinuecompensatingServiceProviderforanyworkperformedafterthedateofdefault.Instead,theCitymaygivenoticetoServiceProviderofthedefaultandthereasonsforthedefault.ThenoticeshallincludethetimeframeinwhichServiceProvidermaycurethedefault.Thistimeframeispresumptivelythirty(30)days,butmaybeextended,thoughnotreduced,ifcircumstanceswarrant.DuringtheperiodoftimethatServiceProviderisindefault,theCityshallholdallinvoicesandshall,whenthedefaultiscured,proceedwithpaymentontheinvoices.Inthealternative,theCitymay,initssolediscretion,electtopaysomeoralloftheoutstandinginvoicesduringtheperiodofdefault.IfServiceProviderdoesnotcurethedefault,theCitymaytakenecessarystepstoterminatethisAgreementunderSection20“TerminationofAgreement.”AnyfailureonthepartoftheCitytogivenoticeoftheServiceProvider'sdefaultshallnotbedeemedtoresultinawaiveroftheCity’slegalrightsoranyrightsarisingoutofanyprovisionofthisAgreement.SECTION22.EXCUSABLEDELAYS.ServiceProvidershallnotbeliablefordamages,includingliquidateddamages,ifany,causedbydelayinperformanceorfailuretoperformduetocausesbeyondthecontrolofServiceProvider.Suchcausesinclude,butarenotlimitedto,actsofGod,actsofthepublicenemy,actsoffederal,stateorlocalgovernments,actsofCity,courtorders,fires,floods,epidemics,strikes,embargoes,andunusuallysevereweather.ThetermandpriceofthisAgreementshallbeequitablyadjustedforanydelaysduetosuchcauses.SECTION23.COOPERATIONBYCITY .Allpublicinformation,data,reports,records,andmapsasareexistingandavailabletoCityaspublicrecords,andwhicharenecessaryforcarryingouttheServicesshallbefurnishedtoServiceProviderineveryreasonablewaytofacilitate,withoutunduedelay,theServicestobeperformedunderthisAgreement.
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SECTION24.NOTICES.AllnoticesrequiredorpermittedtobegivenunderthisAgreementshallbeinwritingandshallbepersonallydelivered,orsentbytelecopierorcertifiedmail,postageprepaidandreturnreceiptrequested,addressedasfollows:
ToCity:CityofHemetAttn:CityManager445E.FloridaAvenueHemet,CA92543 ToServiceProvider:4LEAF,Inc.Attn:MarcusJohnson5140BirchStreet,SecondFloorNewportBeach,CA92660 Noticeshallbedeemedeffectiveonthedatepersonallydeliveredortransmittedbyfacsimileor,ifmailed,three(3)daysafterdepositofthesameinthecustodyoftheUnitedStatesPostalServiceSECTION25AUTHORITYTOEXECUTE.ThepersonorpersonsexecutingthisAgreementonbehalfofServiceProviderrepresentsandwarrantsthathe/she/theyhas/havetheauthoritytosoexecutethisAgreementandtobindServiceProvidertotheperformanceofitsobligationshereunder.SECTION26.ADMINISTRATIONANDIMPLEMENTATION.ThisAgreementshallbeadministeredandexecutedbytheCityManagerorhisorherdesignatedrepresentative.TheCityManagershallhavetheauthoritytoissueinterpretationsandtomakeamendmentstothisAgreement,includingamendmentsthatcommitadditionalfunds,consistentwithSection28“Amendment”andtheCityManager’scontractingauthorityundertheHemetMunicipalCode.SECTION27.BINDINGEFFECT.ThisAgreementshallbebindingupontheheirs,executors,administrators,successorsandassignsoftheParties.
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SECTION28.AMENDMENTNoamendmenttoormodificationofthisAgreementshallbevalidunlessmadeinwritingandapprovedbytheServiceProviderandbytheCity.TheCityManagershallhavetheauthoritytoapproveanyamendmenttothisAgreementifthetotalcompensationunderthisAgreement,asamended,wouldnotexceedtheCityManager’scontractingauthorityundertheHemetMunicipalCode.AllotheramendmentsshallbeapprovedbytheCityCouncil.ThePartiesagreethattherequirementforwrittenmodificationscannotbewaivedandthatanyattemptedwaivershallbevoid.SECTION29.W AIVER.WaiverbyanyPartytothisAgreementofanyterm,condition,orcovenantofthisAgreementshallnotconstituteawaiverofanyotherterm,condition,orcovenant.WaiverbyanyPartyofanybreachoftheprovisionsofthisAgreementshallnotconstituteawaiverofanyotherprovisionnorawaiverofanysubsequentbreachorviolationofanyprovisionofthisAgreement.AcceptancebyCityofanyworkorservicesbyServiceProvidershallnotconstituteawaiverofanyoftheprovisionsofthisAgreement.SECTION30.LAWTOGOVERN;VENUE.ThisAgreementshallbeinterpreted,construedandgovernedaccordingtothelawsoftheStateofCalifornia.IntheeventoflitigationbetweentheParties,venueinstatetrialcourtsshalllieexclusivelyintheCountyofRiverside,California.IntheeventoflitigationinaU.S.DistrictCourt,venueshalllieexclusivelyintheCentralDistrictofCalifornia,inRiverside.SECTION31.ATTORNEYSFEES,COSTSANDEXPENSES.IntheeventlitigationorotherproceedingisrequiredtoenforceorinterpretanyprovisionofthisAgreement,theprevailingPartyinsuchlitigationorotherproceedingshallbeentitledtoanawardofreasonableattorney'sfees,costsandexpenses,inadditiontoanyotherrelieftowhichitmaybeentitled.SECTION32.ENTIREAGREEMENT.ThisAgreement,includingtheattachedExhibits"A"through"C",istheentire,complete,finalandexclusiveexpressionofthePartieswithrespecttothemattersaddressedthereinandsupersedesallotheragreementsorunderstandings,whetheroralorwritten,orenteredintobetweenServiceProviderandCitypriortotheexecutionofthisAgreement.Nostatements,representationsorotheragreements,whetheroralorwritten,madebyanyPartywhicharenotembodiedhereinshallbevalidandbinding. #4829—3554-2213
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SECTION33.SEVERABILITY .Ifanyterm,conditionorcovenantofthisAgreementisdeclaredordeterminedbyanycourtofcompetentjurisdictiontobeinvalid,voidorunenforceable,theremainingprovisionsofthisAgreementshallnotbeaffectedtherebyandtheAgreementshallbereadandconstruedwithouttheinvalid,voidorunenforceableprovision(s).SECTION34.CONFLICTINGTERMS.Exceptasotherwisestatedherein,ifthetermsofthisAgreementconflictwiththetermsofanyExhibithereto,orwiththetermsofanydocumentincorporatedbyreferenceintothisAgreement,thetermsofthisAgreementshallcontrol.INWITNESSWHEREOF,thePartiesheretohaveexecutedthisAgreementonthedateandyearfirst-abovewritten.
CITYOFHEMET
ChristopherLopezCityManagerATTEST:
ClayamesDeputyCityClerk
APPROVEDRM
EricS.VailCityAttorney
RIV#4829-3554-2213v1
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SERVICEPROVIDER4LEAF,IncBy:
NOTE:SERVICEPROVIDER’SSIGNATURESSHALLBEDULYNOTARIZED,ANDAPPROPRIATEATTESTATIONSSHALLBEINCLUDEDASMAYBEREQUIREDBYTHEBYLAWS,ARTICLESOFINCORPORATION,OROTHERRULESORREGULATIONSAPPLICABLETOSERVICEPROVIDER’SBUSINESSENTITY .
RIV#4829—3554—2213V1
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EXHIBIT"A"SCOPEOFSERVICESI.ServiceProviderwillperformtothesatisfactionoftheCitythefollowingServices:Provideplanreview,fieldinspectionandpermittechnicianservicesasneededonanon—ca||basisduringpeakworkloadsorfromanunforeseenabsenceofCitypersonnel.ServiceProvidershallperformareviewofsubmittaldocuments(plans,specifications,engineeringcalculations,soils,investigationreports,etc.)toassesscompliancewiththeregulationscontainedinthevariousbuildingcodeapplicabletoCityfacilitiesbypolicyandlaw.ServiceProvidershallprovideelectronicplanreviewasneeded.ServiceProvidershallprovideallvehicles,fuel,maintenance,andotherequipmentnecessaryforinspectorstocarryouttheirduties.ll.AspartoftheServices,ServiceProviderwillprepareanddeliverthefollowingtangibleworkproductstotheCity:ForeachplancheckreviewtheServiceProvidershalldevelopacomprehensive"BuildingCodePlanCheckReport"ofitemsfoundatvariancewithapplicablecodes.Thisreportshallbepresentedinletterandelectronicformat.
Ill.ThetangibleworkproductsandstatusreportswillbedeliveredtotheCitypursuanttothefollowingschedule:
ProjectType InitialReviewRe—CheckResidentialNewConstruction10Days5DaysResidentialAdditions 5Days5DaysSmallResidentialRemodels 5Days5DaysNon—ResidentiaI/CommercialNewConstruction10Days5DaysCommercialAdditions 10Days5DaysSmallCommercialRemodels/TenantImprovements10Days5DaysLarge/ComplexCommercialProjects‘14Days5DaysExpeditedPlanCheck 3-5Days3-5Days
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Forprojectslessthan$50,000invaluation,aturnaroundtimeof5businessdayswillapply.Turnaroundtimemayvarywiththecomplexityandmagnitudeoftheproject.Ifareviewisanticipatedtotakelongerthanthemaximumturnaroundtiming,ServiceProviderwillnotifytheCity'srepresentativeandnegotiateadditionaltimerequiredtoensureanappropriatelevelofreview.ServiceProviderwillensurethatallbuildingandsafetydutiesandfollow-upactionswillbeperformedinatimelyandresponsivemanner.
ServiceProvidercompletesinitialacceleratedplancheckwithin5workingdays.Rechecksarecompletedinlessthan5days.AttherequestoftheCity,plancheckservicescanbeperformedwithinanacceleratedtimeframe;withanagreeduponextrachargewhenrequestedbystaff.IV .ServiceProviderwillutilizethefollowingpersonneltoaccomplishtheServices:ServiceProviderwillutilizepersonnelwiththeproperexperienceandtrainingtoaccomplishtherequestedServices.ServiceProvidershallnotutilizepreviousCityofHemetEmployees
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445 E. FLORIDA AVE. HEMET, CA 92543 (951) 765-2348
September 19, 2022
4LEAF, Inc.
Attn: Marcus Johnson
5140 Birch St., Second Floor
Newport Beach, CA 92660
RE: NOTICE OF TERMINATION OF AGREEMENT
Dear Mr. Johnson:
Please let this letter serve as notice that the City of Hemet (“City”) is terminating the agreement between the City and 4LEAF, Inc. (“Service Provider”), for Building and Safety Division Inspection and Plan Check Services (“Agreement”) entered into on August 11, 2020. Pursuant to Section 20(a) “Termination of Agreement” the City may terminate the Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. Pursuant to that section, you are directed to immediately cease all work in progress.
Further, according to Section 20(d) “all property belonging exclusively to City which is in Service Provider’s possession must be returned to City” and “Service Provider must furnish to City a final invoice for work performed and expenses incurred by Service Provider.” If you have any questions or wish to discuss this matter, please contact the undersigned.
Regards,
Eddie Pust
Interim City Manager
City of Hemet
DocuSign Envelope ID: BA7615A4-5B82-4F31-AAEB-D7898A17477D
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Feb 14 2023
Department: Fire Department
Submitted by: Eddie Pust, Interim City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to the Agreement for Services between the City of Hemet and HR Green Pacific, Inc. for a Contract Amount Not to Exceed a Total of $265,000 and Authorizing the City Manager to Execute the Agreement for a One-Year Term With Month to Month Extensions
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 Second Amendment to the Agreement for Services between the City of Hemet and HR Green Pacific, Inc. for a Contract Amount Not to Exceed a Total of $265,000 and Authorizing the City Manager to Execute the Agreement for a One-Year Term With Month to Month Extensions.
BACKGROUND:
On April 12, 2022, under the direction of the City Manager, staff issued a Request for Proposals (RFP) for the immediate Building Official and plan check services due to the resignation of the Building Official.
Due to staff vacancies and consolidation of plan check services, the City entered into a contract (not to exceed $50,000) with HR Green Pacific, Inc. for Building Official and plan check services on April 12, 2022. The contract was executed by the City Manager to keep the co ntinuity of services and to meet the needs of the public and citizens.
ANALYSIS:
The City’s recruitment for a Chief Building Official/Deputy Fire Marshall is currently underway with an expected date to fill the position in March of 2023. The City needs to increase the amended contract amount to $265,000 to cover costs for Building Official services until the City fills the position. The City has expended the first amended amount of $100,000.
This second amendment will increase the total allotted amount to spend from $100,000 to $265,000.
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DISCUSSION:
HR Green Pacific, Inc. firm was a consultant that could meet the City's immediate needs for a Building Official. Therefore, the City started a contract under $50,000 with HR Green Pacific, Inc. The City has surpassed the First Amendment contract amount with HR Green Pacific Inc.
HR Green Pacific Inc. was established in 1913 and has been serving various municipalities with over 600 employees. HR Green Pacific, Inc. will provide Building Official and on -call plan check services, permit technician, and building inspector services.
PREVIOUS COUNCIL ACTION:
On April 12, 2022, the city entered into an agreement with HR Green Pacific, Inc. not to exceed $50,000.
On October 11, 2022, the First Amendment was approved to increase the amount to $100,000.
STRATEGIC PLAN INTEGRATION:
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
There is no impact on the General Fund. Funding for these services is already allocated in the FY 2022/2023 Building and Safety Division budget (120-3300-2610).
ATTACHMENT(S):
Attachment 1-HRG Pacific Inc Resolution 2nd amendment
Attachment 2 - HR Green Amendment and Exhibit A
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City of Hemet Resolution No. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, APPROVING THE
SECOND AMENDMENT TO THE AGREEMENT
FOR SERVICES BETWEEN THE CITY OF HEMET
AND HR GREEN PACIFIC, INC. FOR A CONTRACT
AMOUNT NOT TO EXCEED A TOTAL OF $265,000
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT FOR A ONE-YEAR
TERM WITH MONTH TO MONTH EXTENSIONS
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, On April 12, 2022, under the direction of the
City Manager, staff issued a Request for Proposal (RFP) for Building Official and plan check services due to the resignation of the Building Official entered a contract not to exceed $50,000 with HR Green Pacific Inc., and
WHEREAS, On October 11, 2022, the First Amendment was
approved to increase the amount to $100,000, and
WHEREAS, The City’s recruitment for a Chief Building
Official/Deputy Fire Marshall is currently underway with an expected date to fill the position in March of 2023. The City needs to increase the amended amount to $265,000 to cover costs for Building Official services until the City fills the position.
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City of Hemet Resolution No. 2023-xxx
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.
SECTION 2. City Council Actions.
a) The City Manager, or his designee, is authorized and directed to utilize the funds allocated in the Building and Safety Division budget.
b) The City Manager, or his designee, is authorized and directed to execute the Agreement for Services between the City of Hemet and HR Green Pacific Inc., with the contract pricing for the term of the agreement to a not to exceed total of two hundred and sixty five thousand dollars ($265,000) per Fiscal Year and authorize the City Manager to execute the Agreement with HR Green Pacific Inc.,
c) The City Manager, or his designee, is authorized and directed to execute any purchase orders, agreements, or other documents necessary to effectuate the contract in an amount not to exceed two hundred and sixty five thousand dollars ($265,000) per Fiscal Year, so long as such purchase orders, agreements, or other documents are in a form approved by the City Attorney
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 14th day of
February, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th day of February, 2023, and was passed by the following vote:
AYES: Council Members: Krupa, Meyer,
Peterson, Mayor Pro Tem Lilienthal, Mayor Males
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Cler
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FIRST AMENDMENT TO AGREEMENT FOR
PROFESSIONAL SERVICE
by and between
the
CITY OF HEMET
and
HR GREEN PACIFIC, INC.
a California corporation
Dated October 12, 2022
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FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
This First Amendme nt to Agreement for Professional Services (“First Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF HEMET, a California municipal corporation (“City”), and HR Green Pacific, Inc. , a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. The Parties entered into an agreement for Professional Services on April 12 , 2022 (“Agreement”). The Agreem ent provides that Contrac tor will provide Building Official Services.
B. Section 1 of the Agreement provides the Term of this Agreement is for si x (6) months.
C. This First Amendment amends Section 1 to provide t hat the Term is for one (1) year.
D. Section 4 and Exhibit “B” of the Agreement provide that the total compensation shall not exceed fifty thousand dollars ($50,000).
E. This First Amendment amends Section 4 and Exhibit “B” to provide that the t otal compensation shall not exceed one hundred thousand dollars ($100,000).
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 [Term of Agreement ]. Section 1(a) of the Agreement is hereby amended as follows:
Subject to the provisions of Section 20 “Termination of Agreement” of this Agreement, the Term of this Agreement is for one ( 1) Year commencing on t he date first ascribed above, unless otherwise ex tended in writing by the grant administrator.
1.2 [COMPENSATION AND METHOD OF PAYMENT ]. Section 4(a) of the Agreement is hereby amended as follows:
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including
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2 reimbursement for actual expenses, shall not exceed one hundred thousand dollars ($100,000), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
2. GENERAL PROVISIONS.
2.1 Remainder Uncha nged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the Parties.
2.2 Integration. This First Amendment consists of pages 1 through 3 inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the P arties with respect to all or any part of the transaction discussed in this First Amendment.
2.3 Effective Date. This First Amendment shall not bec ome effective until the date it has been executed by the appropriate authorities of the City and Contractor.
2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
2.5 References. All refe rences 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.
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3 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
CITY:
THE CITY OF HEMET
By:_________________________________
Eddie Pust, Interim City Manager
ATTEST:
______________________________
John Maier, City Clerk
APPROVED AS TO FORM
______
Steven Graham, City Attorney
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Feb 14 2023
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Lease Agreement By and Between the City of Hemet and Amerco Real Estate Company, a Nevada Corporation, DBA: U - HAUL Center Hemet, CA (Tenant) for the Property Located at 250 Meier Street, Hemet, CA 92544, the Tenant's Commercial Rental Business, for the Parking of U -Haul Rental Trucks and Trailers in the Vacant Parcel Adjacent to the U-Haul Property (East Side)
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 Lease Agreement By and Between the City of Hemet and Amerco Real Estate Company, a Nevada Corporation, DBA:
U-HAUL Center Hemet, CA (Tenant) for the property located at 250 Meier Street, Hemet, CA 92544, the Tenant's commercial rental business, for the parking of U -Haul rental trucks and trailers in the vacant parcel adjacent to the U-Haul property (east side).
BACKGROUND:
From 2006 to 2011, the Tenant occup ied the Parking Area under a sub -lease agreement with Agri - Empire under their master lease of City-owned property located at 250-256 East Meier Street. In 2011, the City terminated its lease with Agri-Empire for the facility and, in turn, Agri-Empire terminated its sub- lease with Amerco.
In January 2012, the City Council approved a one -year lease for the property with Amerco to support the Hemet U-Haul Center as a business retention measure to assist a significant Hemet business.
On January 22, 2013 t he lease agreement was renewed, extending the terms of the lease through January 2014. Amendments to the agreement were made at its expiration to extend the terms of the lease each year for the next four consecutive years, extending the lease agreement through December 2018.
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Tenant was negotiating an extension of the lease agreement in 2018, but changes to staff caused a lapse in the agreement. Tenant currently occupies the parking area and seeks approval of the new lease agreement to ensure proper use of the parking area and to avoid any City violations.
The expired lease provided use of the parking area on a month -to-month basis, until terminated, with a 30-day written notice to vacate by either party.
The tenant desires to enter into a new lease agreement for use of th e parking area on a month -to- month basis, until terminated, with a 60-day written notice to vacate by either party. A 30-day notice to vacate is all that is needed if it is for default.
ANALYSIS:
Tenant currently has use of the land on a month -to-month basis despite the expiration of the lease agreement. An extension of the lease agreement would ensure that Tenant is under contract for the land use and not in breach of contract, retaining possession of the parking area or any part thereof beyond the expiration or termination of the lease.
The tenant has continued paying the rate of $650/month to date and the proposed agreement increases the monthly rent to $1,000.
DISCUSSION:
The City of Hemet has maintained a long -standing business relationship wi th Amerco Real Estate Company through the lease agreements for the parking area adjacent to the U -Haul property, and the lease agreement has been extended numerous times since its initial approval.
The tenant was negotiating an extension of the lease agreement in 2018, but changes to staff caused a lapse in the agreement. The tenant seeks approval of the new lease agreement to ensure proper use of the parking area and to avoid any City violations.
California Civil Code Section 1946 only requires a 30 -day notice to vacate on a month -to-month commercial tenancy. Nonetheless, based on the length of the business relationship between the City of Hemet and Amerco Real Estate Company, and the continued use of the land by Amerco Real Estate Company with no issues, staff does not see a 60-day notice to vacate as an issue.
PREVIOUS COUNCIL ACTION:
1. January 2012: Council approved a one-year lease for City owned property at 250-256 East Meier Street with Ame rco to support the Hemet U -Haul Center as a business retention measure to assist a significant Hemet business.
2. January 2013: Council approved the first amendment to the 2012 lease agreement extending the terms of the lease through 2014.
3. December 2014: Council approved a Second Amendment to the 2012 lease agreement extending the terms of the lease through 2015.
4. November 2015: Council approved a third amendment to the 2012 lease agreement extending the terms of the lease through 2017.
5. January 2017: Council approved a fourth amendment to the 2012 lease agreement 2012 lease agreement extending the terms of the lease through 2018.
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STRATEGIC PLAN INTEGRATION:
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 3: Develop programs to offer support to the community's businesses
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
Approval of the new lease agreement will continue rental income to the City from an otherwise fallow asset and allow Amerco the continued use of the outdoor parking area for rental truck and trailer storage, avoiding disruption to a longtime Hemet business. The overall direction of the agreement is to protect the City's interest and ensure the City maximizes the return on the value of each City property.
The agreement will provide $1,000 per month to the General Fund.
ALTERNATIVE(S):
1. Council may choose to approve the proposed Lease Agreement By with the previous 30 -day written notice to vacate by either party.
2. Council may choose not to approve the Lease Agreement and provide alternative direction to staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1 - Resolution
Attachment 2 - Lease Agreement -60 Days
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City of Hemet Resolution No. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, ADOPTING A
RESOLUTION APPROVING THE LEASE
AGREEMENT BY AND BETWEEN THE CITY OF
HEMET AND AMERCO REAL ESTATE COMPANY,
A NEVADA CORPORATION, DBA: U-HAUL
CENTER HEMET, CA (TENANT) FOR THE
PROPERTY LOCATED AT 250 MEIER STREET,
HEMET, CA 92544, THE TENANT’S COMMERCIAL
RENTAL BUSINESS, FOR THE PARKING OF U-
HAUL RENTAL TRUCKS AND TRAILERS IN THE
VACANT PARCEL ADJACENT TO THE U-HAUL
PROPERTY (EAST SIDE)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet (“City”) entered into a lease agreement with Tenant on February 14, 2012 for the use of the parking area adjacent to the property located a 250 Meier Street; and
WHEREAS, the Tenant has occupied the parking area under a lease agreement with the City that has been amended four times to extend the terms of the lease; and
WHEREAS, the current lease agreement provides use of the parking area on a month-to-month basis, until terminated, with a 30-day written notice to vacate by either party; and
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City of Hemet Resolution No. 2023-xxx
WHEREAS, the current lease agreement expired on January 31, 2018; and
WHEREAS, the Tenant currently has use of the land on a
month-to-month basis despite the expiration of the lease agreement; and
WHEREAS, the Tenant desires to enter into a new lease
agreement for use of the parking area on a month-to-month basis, until terminated, with a 60-day written notice to vacate by either party; and
WHEREAS, an extension of the lease agreement would
ensure that the Tenant is under contract for the land use and not in breach of contract, retaining possession of the parking area or any part thereof beyond the expiration or termination of the lease.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
SECTION 1.FINDINGS - The recitals set forth above are
hereby adopted as findings in support of this Resolution.
SECTION 2.Approves the execution of the attached Lease
Agreement with a 60-day notice to vacate by either party.
SECTION 3.EFFECTIVE DATE - This Resolution shall
become effective on February 14, 2023.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 14th day of
February, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th day of February, 2023, and was passed by the following vote:
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City of Hemet Resolution No. 2023-xxx
AYES: Council Members:
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
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RIV #4841-2230-9722 v1
LEASE AGREEMENT
By and Between
THE CITY OF HEMET
And
AMERCO REAL ESTATE COMPANY, A NEVADA
CORPORATION, DBA: U-HAUL CENTER HEMET, CA
Dated: February 14, 2023
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RIV #4841-2230-9722 v1
LEASE AGREEMENT
This Lease Agreement (the “Agreement”) is entered into as the date indicated on the cover page by and between the City of Hemet, a California municipal corporation (the “Landlord”), and Amerco Real Estate Company, a Nevada corporation dba U- Haul Center Hemet (the “Tenant”). Landlord and Tenant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. Tenant currently occupies the Parking Area under a l ease agreement with Landlord that has been amended four times to extend the term of the lease. The current lease agreement expired on January 31, 2018.
B. Landlord and Tenant desire to enter into a new Lease Agreement for use of the Parking Area (defined below) on a month- to-month basis, until terminated with 60-day written notice by either party and that modifies other terms and conditions of the agreement between the Parties.
OPERATIVE PROVISIONS
For consideration, the receipt and value of which is hereby acknowledged by both Parties, Landlord and Tenant hereby agree as follows:
1. Definitions. For purposes of this Agreement, the terms set forth below shall be defined as and have the specific meaning ascribed herein:
a) “Month-to-Month Lease” means either Party may terminate the month-to-month lease agreement by giving the other 60-day written notice of termination prior to the date the tenancy shall end. Landlord may terminate the month-to-month lease agreement without cause by providing 60- day written notice to Tenant. The 60- day notice period shall be construed to be the first FULL month following the date the rent is next due.
b) “ Hazardous Materials” shall mean any and all of the following:
(i) 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
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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 Safet y 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 Enforce ment 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;
(ii) 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; (iii) any petroleum, crude oil or any substance, product, waste, or other material of any nature whatsoever which contains gasoline, diesel fuel or other petroleum hydrocarbons other than petroleum and petroleum products contained within r egularly operated motor vehicles; and
(iv) polychlorinated biphenyls (PCB), radon gas, urea formaldehyde, asbestos and lead.
c) “Parking Area ” means those areas of the Real Property, which have been designated for Tenant’s Permitted Use, as identified on Exhibit “A,” attached hereto and incorporated herein by reference.
d) “Permitted Use” means the limited use of the Parking Area for parking of U-Haul rental trucks and trailers as described in Section 5.1. of this Agreement.
e) “Real Property” means that certain real property commonly known as 250 East Meier Street, Hemet, California and having Assessor’s Parcel Number 443- 131- 008.
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f) “ Term” means the duration of this Agreement as specified in Section 4.
2. Material Inducement. Tenant agrees that its promises and agreements to strictly adhere to and comply with the material terms and conditions set forth in this Agreement are a material inducement to Landlord’s lease of the Parking Area to Tenant, in the absence of which Landlord would not have leased the Parking Area to Tenant. Tenant’s failure to adhere to and comply with the terms and conditions of this Agreement shall be deemed a material breach of the Agreement.
3. Demise. Subject to the terms and conditions of this Agreement, Landlord leases to Tenant and Tenant leases from Landlord the Parking Area. Landlord also grants to Tenant the right of ingress and egress over and across the Real Property as necessary for Tenant to obtain entry to and from the Parking Area during the Term of this Agreement. Tenant shall have no right to enter, occupy or use any building or structure on the Real Property.
a) “AS-IS” Condition; Tenants Sole Risk.
(i) Tenant agrees that it is thoroughly familiar with the Real Property and all aspects thereof, including, without limitation, the physical condition of the Real Property, its zoning and all other restrictions and limitations applicable to the Real Property (whether or not of public record). Tenant also agrees that Landlord has made no material alterations to the Parking Area, that Tenant has, under its prior lease agreement for the Parking Area, been solely responsible for the care, maintenance, and upkeep of the Parking Area, and that Landlord has not been and is not now responsible for the existing condition of the Parking Area. Tenant additionally agrees that it assumes all liability and responsibility for the physical condition of the Parking Area. Tenant agrees that neither Landlord nor anyone acting on Landlord’s behalf has made any representation or warranty of any kind or nature whatsoever respecting the physical condition of the Parking Area, its suitability for Tenant’s use, or any other matter relating to the Parking Area (including, but not limited to, the environmental condition of the Parking Area) or this Agreement, and Tenant agrees that it is leasing the Parking Area in its “AS-IS CONDITION AND WITH ALL FAULTS”.
_________________
Tenant’s Initials
4. Term. The term (“Term”) of this Agreement commences on March 1, 2023 and is a month-to-month term that is automatically renewed each month until properly terminated by either Party.
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5. Use; Restricted Access to Parking Area; Safety Measures; Compliance with Laws.
a) Use. Tenant agrees that it shall use the Parking Area solely for the parking of U- Haul rental trucks and trailers in Tenant’s commercial rental business (“Permitted Use”), and for no other purpose. Tenant further agrees that Tenant shall not conduct any of the following activities within the Parking Area:
Sale, fueling, maintenance, repair, painting, washing, clean- out, loading or unloading, application of any Hazardous Substance to or in any truck, trailer, vehicle, equipment or otherwise, or the storage of any truck, vehicle, trailer that is unlicensed, or not registered to tenant, or that is inoperable (“ Non-Permitted Uses”).
b) Safety Measures. Tenant agrees to take all actions reasonably necessary to protect human safety in the course of its occupancy of the Parking Area. Tenant shall secure the Parking Area from entry by customers and the general public.
Tenant shall not interfere with the ingress and egress of Landlord’s other tenants. c) H
azardous Materials. Tenant agrees that it shall not generate, store, release or dispose of any Hazardous Materials on, in, at or under the Real Property, and that its ancillary use of any Hazardous Substance necessary for the Permitted Use shall at all times be in strict compliance with all laws, rules, orders and regulations, and decisions of administrative bodies and courts of competent jurisdiction, relating to the use, generation, transportation, storage, disposal or release of hazardous materials. In addition to Tenant’s other obligations of indemnity under this Ag reement, Tenant agrees to indemnify, protect, defend (by counsel reasonably satisfactory to Landlord) and hold Landlord and its officials, officers, agents and employees, and each of them, harmless from and against all claims, losses, liabilities, actions, judgments, costs and expenses (including reasonable attorneys’ fees and costs) which they, or any of them, may suffer or incur arising from or relating to the use, generation, storage or release by Tenant, its agents, employees, contractors, guests or invitees of any hazardous materials in, on or about the Real Property.
6. Rent. As rent for the Parking Area, Tenant agrees to pay to Landlord the sum of $1,000 per month. Rent is to be paid in advance, without abatement, deduction or offset due to City by 1st of each month. Rent for any partial month will be prorated on a daily basis to the date of expiration or termination.
7. Maintenance. Tenant agrees that it shall, at its sole cost and expense, during Tenant’s occupancy of the Parking Area, maintain the Parking Area and all portions thereof in a clean and neat condition, free of refuse and debris. Tenant agrees that Landlord has no obligation of any kind or nature to maintain, repair, replace or improve the Parking Area or any portion thereof. Tenant agrees that Tenant is solely
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responsible for the security, protection and insuring of its trucks, trailers, vehicles and other property, and that of its employees, servants and contractors, located on or about the Parking Area. Tenant agrees that Landlord will have no liability of any kind or nature respecting any loss or theft of, or damage to, any such trucks, trailers, vehicles and other property.
8. Insurance. Tenant agrees to keep and maintain public liability and property damage insurance respecting the Parking Area, naming Landlord as an additional insured, in form and amounts (not less than $1,000,000 per occurrence) and with insurers reasonably satisfactory to Landlord. Such insurance shall expressly cover Tenant’s obligation to indemnify, protect, defend and hold Landlord harmless, as provided in Section 9 of this Agreement. Tenant also agrees to keep and maintain a policy or policies of fire and extended coverage insurance, with vandalism and malicious mischief endorsements, in the name of Landlord and with loss payable to Landlord, to the extent of the full replacement cost of the improvements located on the Parking Area and otherwise in form and with insurers reasonably satisfactory to Landlord.
Tenant also agrees to keep and maintain worker’s compensation insurance coverage for its employees in the minimum amounts required by California law. All such insurance will be primary and not contributing with any insurance which Landlord may maintain, and the insurer providing such insurance must agree that such insurance will not be changed or cancelled except upon at least thirty (30) days prior written notice to Landlord. Tenant waives any and all rights of recovery against Landlord and its officials, officers, agents and employees on account of loss or damage occasioned to Tenant or its property or the property of others under its control, to the extent that such loss or damage is insured against under the fire and extended coverage policy required to be kept and maintained by Tenant under this Agreement; and Tenant shall cause each policy required to be kept and maintained by it under this lease to provide that the insurer waives all right of recovery by way of subrogation against Landlord in connection with any damage covered by such policy. Tenant will provide Landlord with copies of the policies of such insurance or certificates evidencing such insurance upon execution of this Agreement and from time to time thereafter as reasonably requested by Landlord.
9. Indemnification. In addition to, and without limiting, Tenant’s other obligations of indemnity under this Agreement, Tenant agrees to indemnify, protect, defend (by counsel reasonably satisfactory to Landlord) and hold Landlord and its officials, officers, agents and employees, and each of them, harmless from and against all claims, losses, liabilities, actions, judgments, orders, demands, costs and expenses (including without limitation reasonable attorneys’ fees and costs) arising from or in any way related to: (1) the use and/or occupancy of the Parking Area by Tenant and/or its officers, employees, agents, contractors, or invitees; (2) any bodily injury or trauma (including, without limitation, death, dismemberment, mental or physical illness, and/or emotional distress) suffered by any person while on the Parking Area relating in any way to Tenant’s use of the Parking Area, or condition of the Real Property; (3) any injury or damage (including, without limitation, loss of profit, loss of opportunity) to any real or personal property or rights thereto, that is owned by Tenant, or its officers,
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employees, agents, contractors, or invitees where such injury or damage is in any way related to the Tenant’s use of the Parking Area or condition of the Real Property; (4) any willful misconduct, negligence, or act or omission of Tenant, or its officers, employees, agents, contractors, or invitees in or about the Parking Area; or (5) any default by Tenant under this Agreement, but excluding any claims, losses, liabilities, actions, judgments, costs and expenses arising from or relating to Landlord’s willful misconduct or sole negligence.
10. Utilities. Tenant agrees to pay, before delinquency, for all water, sewer, gas, heat, light, power, telephone service, refuse removal and all other utilities or services of any kind supplied to the Parking Area. It is agreed that Landlord is not liable for any failure or interruption of any utility or service, and the failure or interruption of any utility or service will not entitle Tenant to terminate this Agreement or stop making any rental or other payments due under this Agreement.
11. Taxes. Tenant understands and acknowledges that this Agreement creates a possessory interest in real property that may be subject to property taxation, and that Tenant may be subject to the payment of property taxes levied on the possessory interest created by this Agreement. Tenant shall pay before delinquency all real property taxes and assessments (both general and special) levied or assessed against the Parking Area during the Term of this Agreement. Tenant shall promptly furnish Landlord with satisfactory evidence that such taxes and assessments have been paid. If any such taxes and assessments cover any period of time after the expiration of the Term of this Agreement, Tenant’s share of such taxes and assessments will be equitably prorated to cover only the period of time within the tax fiscal year this Agreement is in effect. Tenant shall also pay before delinquency all taxes levied or assessed against Tenant’s trade fixtures, equipment and personal property located at the Parking Area or elsewhere. If Tenant fails to pay any taxes or assessments required to be paid by it under this Agreement, Landlord, at its option, may pay the same and Tenant agrees to reimburse Landlord therefore immediately upon demand. Tenant acknowledges that this Agreement may create a possessory interest subject to taxation and that Tenant may be subject to payment of any and all taxes levied on that possessory interest.
12. Alterations. Tenant agrees that it will not make any alterations or improvements to the Parking Area, or any portion thereof, without Landlord’s prior written consent, which consent Landlord is under no obligation to give. If Landlord consents to the making of any alterations or improvements, Tenant agrees that such alterations or improvements will be made in strict compliance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, will be performed in a good and workmanlike manner, and will be made in compliance with such other conditions as Landlord may require in connection with the granting of its consent.
Tenant agrees that it will pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Parking Area, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Parking Area or any interest therein. All alterations and improvements made by
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Tenant shall, at Landlord’s option and at Tenant’s sole cost and expense, be removed from the Parking Area at the end of the Term of this Agreement and the Parking Area restored to their condition prior to the making of such alterations or improvements.
13. Tenant’s Property. All equipment and personal property of Tenant located at the Parking Area will be removed from the Parking Area on the expiration or termination of the Agreement, at Tenant’s sole cost and expense, and shall remain the property of Tenant.
14. Damage and Destruction. If the Parking Area or any portion thereof are damaged or destroyed by any casualty (whether or not insured), Tenant, at Tenant’s sole cost and expense, shall promptly repair and restore the same; provided, that the proceeds, if any, of the fire and extended coverage insurance required to be kept and maintained by Tenant under Section 7 (after deduction of all costs incurred by Landlord in recovering the same) shall be made available to Tenant by Landlord for the purpose of making such repairs and restorations; provided, further, that if the cost of repairing or restoring the Parking Area exceeds one month’s rent or if the repairs and restorations would require more than one month to complete once commenced, then either Landlord or Tenant may cancel this Agreement upon the giving of written notice to the other. Upon any cancellation of this Agreement pursuant to the provisions of this Section, all proceeds of insurance shall be the sole property of Landlord, and Tenant shall have no right or interest therein.
15. Assignment. Tenant may not assign this Agreement nor sublet all or any part of the Parking Area.
16. No Right to Holdover. Tenant has no right to retain possession of the Parking Area or any part thereof beyond the expiration or termination of the lease.
17. Default. The occurrence of any one or more of the following shall constitute a default by Tenant:
a. Vacation or abandonment of the Parking Area by Tenant.
b. Failure by Tenant to make payment of rent or any other payments required to be made by Tenant hereunder as and when due.
c. Failure by Tenant to keep and maintain any of the insurance required to be kept and maintained by Tenant under this Agreement.
d. Failure by Tenant to observe or perform any of the covenants or provisions of this Agreement, other than as provided in subsections (b) and (c) above, when such failure continues for a period of 30 days after written notice of such failure is given by Landlord to Tenant; provided, that if the nature of Tenant’s failure is such that more than 30 days are reasonably required for its cure, then Tenant will not be
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deemed to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion.
18. Remedies. If Tenant is in default, then, in addition to all other rights and remedies which Landlord may have at law or in equity, Landlord has the following rights and remedies which are not exclusive but are cumulative:
a) Landlord can, with or without terminating this Agreement, reenter the Parking Area and remove all property and persons therefrom, and any such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant. If Landlord elects to reenter or shall take possession of the Parking Area pursuant to legal proceedings or pursuant to any notice provided by law, and if Landlord has not elected to terminate this Agreement, Landlord may either recover all rent as it becomes due under this Agreement or relet the Parking Area or any part or parts thereof for such term or terms and upon such provisions as Landlord may deem advisable and will have the right to make repairs to and alterations of the Parking Area. No reentry or taking possession of the Parking Area by Landlord is to be construed as an election to terminate this Agreement unless a written notice of such intention is given to Tenant by Landlord.
Notwithstanding any reletting without termination by Landlord because of Tenant’s default, Landlord may, at any time after such reletting, elect to terminate this Agreement because of such default. If Landlord elects to relet the Parking Area without terminating this Agreement, then rent received by Landlord there from will be applied as follows:
(i) First, to any indebtedness from Tenant to Landlord other than rent due from Tenant;
(ii) Second, to all costs and expenses, including, without limitation, for maintenance, repairs or alterations, incurred by Landlord in connection with reletting the Parking Area; and
(iii) Third, to the payment of rent due and unpaid under this Agreement and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable under this Agreement, and to any damages and other amounts which Landlord is otherwise entitled to under this Agreement. Should that portion of such rent received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable hereunder during that month by Tenant, then Tenant agrees to pay such deficiency to Landlord immediately upon demand. In no event will Tenant be entitled to any excess rent received by Landlord from such reletting.
(ii) Second, to all costs and expenses, including, without limitation, for maintenance, repairs or alterations, incurred by Landlord in connection with reletting the Parking Area; and
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(iii) Third, to the payment of rent due and unpaid under this Agreement and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable under this Agreement, and to any damages and other amounts which Landlord is otherwise entitled to under this Agreement. Should that portion of such rent received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable hereunder during that month by Tenant, then Tenant agrees to pay such deficiency to Landlord immediately upon demand. In no event will Tenant be entitled to any excess rent received by Landlord from such reletting.
b) Landlord can terminate Tenant’s right to possession of the Parking Area at any time. No act by Landlord other than giving written notice to Tenant will terminate this Agreement. Tenant has no right to retain possession of the Parking Area or any part thereof beyond the expiration or termination of the l ease. Acts of maintenance, efforts to relet the Parking Area, or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Agreement shall not constitute a termination of Tenant’s right to possession. On termination, Landlord has the right to recover from Tenant:
(i) The worth, at the time of the award, of the unpaid rent that had been earned at the time of termination of this Agreement;
(ii) The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned after the date of termination of this Agreement until the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided;
(iii) The worth, at the time of the award, of the amount by which the unpaid rent for the balance of the Term a fter the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; and
(iv) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant’s default
“The worth, at the time of the award,” as used in (i) and (ii) of this subsection (b), is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. “The worth, at the time of the award,” as referred to in (iii) of this subsection (b), is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.
c) Landlord can have a receiver appointed to collect rent and conduct Tenant’s business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this Agreement.
d) Without waiving the default, Landlord can, at its sole option, pay such sums and/or take such actions as are necessary in Landlord’s reasonable judgment in order to cure the default, and all sums expended or incurred by Landlord in connection
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therewith, together with interest thereon at the maximum rate permitted by law, shall be paid by Tenant to Landlord immediately on demand.
19. Late Payment. Rent and other amounts not paid by Tenant when due under this Agreement shall bear interest at the rate of ten percent (10%) per annum from the date due until the date paid.
20. Landlord Entry. Landlord and its authorized representatives shall have the right upon reasonable prior written notice to Tenant to enter all portions of the Parking Area for any of the following purposes: (a) to determine whether the Parking Area are in good condition and whether Tenant is complying with its obligations under this Agreement; (b) to inspect the Parking Area; (c) in connection with Landlord’s design and construction planning respecting Landlord’s future use of the Parking Area; (d) to exhibit the Parking Area to prospective developers, purchasers, lenders, insurers or tenants and (e) to post notices of nonresponsibility. Notwithstanding the foregoing to the contrary, Landlord and its authorized representatives shall have the right to enter the Parking Area at any time, and without notice to Tenant, where an emergency situation necessitates such entry.
No exercise by Landlord of its rights under this Section shall entitle Tenant to any damages for any injury or inconvenience occasioned thereby or to any abatement of rent or other amounts payable under this Agreement.
(a) To Landlord's actual knowledge, the Parking Area has not undergone inspection by a Certified Access Specialist ("CASp"). The following is included in this Agreement solely for the purpose of complying with California Civil Code § 1938(e) and shall not in any manner affect Landlord's and Tenant's respective responsibilities for compliance with construction- related accessibility standards as provided under this Agreement: "A CASp can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The Parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises."
21. Surrender of Parking Area. Upon the expiration or other termination of the Term of this Agreement, Tenant agrees to surrender possession of the Parking Area, and every part thereof, to Landlord in generally the same condition as it was at commencement date of the Agreement, ordinary wear and tear alone excepted. “Ordinary wear and tear” does not include any damage or deterioration that would have been prevented by Tenant performing all of its obligations under this Agreement.
16.H
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RIV #4841-2230-9722 v1
22. Notices. Except as otherwise provided, all notices required or permitted to be given under this Agreement must be in writing and addressed to the Parties at their respective notice addresses set forth below; provided, that notices to Tenant may also be effectively given in writing and addressed to Tenant at the Parking Area address.
Notices must be given by personal delivery (including by commercial delivery service) or by first-class mail, postage prepaid. Notices will be deemed effectively given, in the case of personal delivery, upon receipt (or if receipt is refused, upon attempted delivery), and in the case of mailing, three (3) days following deposit into the custody of the United States Postal Service. The notice addresses of the P arties are as follows:
If to Landlord: City of Hemet
445 E. Florida Avenue
Hemet, California 92543-2409
Attention: City Manager
With a copy to:
Steven Graham, City Attorney
Cole Huber, LLP
2855 East Guasti Road, Suite 402
Ontario, California 91761
If to Tenant: Amerco Real Estate Company
2727 North Central Avenue, Suite 500
Phoenix, Arizona 85004
With a copy to:
U- Haul Center Hemet, CA
222 North State Street
Hemet, CA 92543
Attention: ______________
23. Waiver and Release of Benefits. Tenant acknowledges that upon expiration of the Term, including any extension thereof, or upon termination of any holdover tenancy (collectively “Expiration of Tenancy”), Tenant might be or become eligible to receive compensation, reimbursement, assistance, including, but not limited to, the fair market value of real and personal property, loss of goodwill, loss of profits, actual and reasonable expenses for moving a business, loss of tangible personal property as a result of moving the business, expenses incurred in searching for a replacement site for the business, expenses to reestablish the business at the new site, “in- lieu payments,” and other such benefits (collectively “Benefits”) under the California Relocation Assistance Act (Government Code §72 60, et seq.), Title 25 of the California Code of Regulations, Article 1, § 19 of the California Constitution, the California Eminent Domain Law (Code of Civil Procedure §1230.010, et seq.), or other
16.H
- 12 -
RIV #4841-2230-9722 v1
similar local, state, or federal statute, ordinance, regulation, rule, or decisional law (collectively “Compensatory Laws”). Tenant further acknowledges that it has received full and fair compensation of all Benefits Tenant is or might be or might become entitled to recover from the City of Hemet and/or the Hemet Redevelopment Agency (collectively “City”) as a result of, or in any way related to, Expiration of the Tenancy, City’s acquisition of the Parking Area, and City’s occupancy and possession of the Parking Area. Therefore, being fully informed of and understanding the acknowledgments made herein and of Tenant’s rights or potential rights to Benefits under the Compensatory Laws, Tenant hereby expressly and unconditionally waives, and Releases the City from, any and all rights of Tenant to claim, demand, sue for, or receive any Benefits which Tenant is or might be or might become entitled to recover from the City as a result of, or in any way related to, Expiration of the Tenancy, City’s acquisition of the Parking Area, and City’s occupancy and possession of the Parking Area.
_________________
Tenant’s Initials
24. Survival of Obligations. Tenant acknowledges that it is currently in possession of the Parking Area on a month- to-month basis . Tenant further acknowledges that Tenant’s month- to-month tenancy is being terminated and replaced by this Agreement. Notwithstanding the termination of Tenant’s month- to-month tenancy (including without limitation, obligations of indemnity and insurance) such obligations survive such termination.
25. General.
a) Breach. The acceptance by Landlord of any rental or other payments due hereunder with knowledge of the breach of any of the terms, covenants or provisions of this Agreement by Tenant shall not be construed as a waiver of any such breach. The acceptance at any time or times by Landlord of any sum less than that which is required to be paid by Tenant shall, unless Landlord specifically agrees otherwise in writing, be deemed to have been received only on account of the obligation for which it is paid, and shall not be deemed an accord and satisfaction notwithstanding any provisions to the contrary written on any check or contained in any writing transmitting the same.
b) Headings. The titles to the sections of this Agreement are for convenience of reference only and are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. Any exhibits attached to this Agreement are, however, a part of this Agreement.
c) Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to any otherwise governing principles of conflicts of law. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the
16.H
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RIV #4841-2230-9722 v1
Central District of California, in Riverside. In construing this Agreement, none of the Parties to it shall have any term or provision construed against it solely by reason of its having drafted the same.
d) Severability. Any provision of this Agreement that is invalid, illegal or unenforceable shall be ineffec tive to the extent of such invalidity, illegality or unenforceability without invalidating, diminishing or rendering unenforceable the rights and obligations of the Parties under the remaining provisions of this Agreement.
e) Amendment and Waiver . No term or provision of this Agreement may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of the Party against which enforcement of such amendment, alteration, modification or waiver is sought. Any amendment, alteration, modification or waiver shall be for such period and subject to such conditions as shall be specified in the written instrument affecting the same. Any waiver shall be effective only in the specific instance and for the specific purpose for which given.
f) Entire Agreement. This Agreement and all exhibits attached to it constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements (whether written or oral) with respect to that subject matter. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
g) Attorney’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, costs and expenses, in addition to any other relief to which it may be entitled.
h) Compliance with Laws. Subject to the other terms and provisions of this Agreement, Tenant shall comply at its cost and expense with all laws, and with any direction or recommendation of any public officer or officers, pursuant to law, or any reasonable request of any insurance company carrying any insurance on the Parking Area, and any insurance inspection or rating bureau which shall impose any duty upon Landlord or Tenant with respect to the Parking Area or the use or occupation thereof, and shall bear all costs of any kind or nature whatsoever occasioned by or necessary for compliance with the same, provided such costs or expenses arise from Tenant's specific use of the Parking Area. If, during the Term of this Agreement any law requires that an alteration, repair, addition, or other change be made to the Parking Area , and such alterations, repairs, additions, or other change is a result of the Tenant's use of the Parking Area, such work will be performed at Tenant's expense.
16.H
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RIV #4841-2230-9722 v1
i) Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
The Parties have caused this Agreement to be duly executed by their respective duly authorized officers or representatives as of the date first set forth above.
CITY OF HEMET, a municipal corporation
By:
Eddie Pust
Interim City Manager
ATTEST:
John Maier, City Clerk
APPROVED AS TO FORM:
Steven Graham,
City Attorney
Amerco Real Estate Company,
a Nevada corporation,
DBA: U-Haul Center Hemet CA
By:
Name: _________________
Title: __________________
By:
Name: __________________
Title: ___________________
16.H
RIV #4841-2230-9722 v1
EXHIBIT “A”
1.) Property Description
2.) Arial Image of parking area
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16.H
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Feb 14 2023
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of Intention of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2023-01 (Morgan Crossing, located in the area of west Thornton Ave. and east of Warren) and to Authorize the Levy o f a Special Tax within City of Hemet Community Facilities District No. 2023-01 (Morgan Crossing)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of Intention of the City Council of the City of Hemet, Califo rnia, to Establish City of Hemet Community Facilities District No. 2023 -01 (Morgan Crossing,) and to Authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2023-01 (Morgan Crossing).
BACKGROUND:
The State legislature enacted the Mello -Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer, Pulte Home Company, requested that the City of Hemet assist them in forming a district for the City to cover the costs associated with the maintenance of public improvements within the proposed district, specifically: street lights, park maintenance, landscaping maintenance, drainage and detention basin maintenance, and graffiti maintenance. The costs involving services for landsca pe maintenance include streetscape and basin landscaping specifically identified within the CFD. Services include building a reserve fund for replacement of improvements. The development is proposed to include 150 single family residential units and four parks at buildout. The CFD is comprised of approximately 23.85 net acres of residentially zoned land.
On August 23, 2005 the City Council considered and approved goals and policies concerning Community Facility Districts.
ANALYSIS:
16.I
Approval of the attached Resolution is required under the Act to levy a special tax and fund services.
The attached Resolution declares the City Council’s intention to form the proposed CFD No. 2023 -01 (Morgan Crossing) and to authorize the levy of a special tax in accordance with an attached Rate and Method of Apportionment of Special Tax. The attached Resolution is the initial step in forming the CFD pursuant to the procedures prescribed by the Act, which include holding a public hearing and submitting a notice of the formation of the proposed CFD No. 2023 -01 (Morgan Crossing) to the landowners at a special election to be conducted by mailed ballot.
The proposed district will be composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of the streetlights, landscaping, detention basins, storm drains, stormwater drywells, catch basins and graffiti abatement not located in Special Tax Area B. Special Tax B provides funding for maintenance of the landscaping, monuments, op en space, four parks including play structures and park facilities. Maintenance of the Special Tax B improvements shall be the responsibility of the Property Owner’s Association which will enter into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner’s Association to a standard acceptable to the City.
Special Tax Area A will have a Maximum Special Tax of $947.00 per parcel for Single Family Residential for acre $5,954.00 and per Residential Condominium $633.00 property, Property Multifamily Residential and Non-Residential property. Special Tax Area B will have a Maximum Special Tax of $282.00 per parcel for Single Family Residential property, $197.00 Condominium Residential Property and $1,774.00 per acre for Multifamily Residential and Non-Residential property. These rates will increase based on the percent age increase in the Consumer Price Index with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The property owners have filed a petition representing their willingness to form a CFD to fund the maintenance of the improvements.
A public hearing on this matter will take place on March 28, 2023, and at that time the Council will hear any testimony concerning the formation and take action to adopt the “Resolution of Formation."
DISCUSSION:
The Mello -“Act”) of initiation the authorizes (the of Act Facilities Community Roos the 1982 establishment of community facilities districts upon receipt by the City of a petition requesting institution of proceedings by owners of not less than 10% of the area of land proposed to be included within the district. The City has received the signed petitions from all land owners.
PREVIOUS COUNCIL ACTION:
On August 23, 2005, the City Council considered and approved goals and policies concerning Community Facility Districts.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
16.I
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
The individual property owners are responsible for the annual payments of special taxes. The City will work with the County concerning the filing of the annual special tax with the County Auditor-Controller.
The property owners have posted a deposit with the application to form the CFD in order to cover City costs incurred in connection with the formation. Approval of this resolution does not in any way commit the City to any financial contribution to or liability of the CFD. The City’s cost to administ er the CFD annually will be reimbursed through the special taxes charged to property owners within the CFD boundary.
ALTERNATIVE(S):
Not adopt the resolution, not authorize the levy of a special tax, and not maintain any of the facilities intended to be maintained by the CFD.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1 - Hemet_CFD 2023-01_(Morgan Crossing)_ROI
Attachment 2 - Hemet_CFD 2023-01_(Morgan Crossing)_ROI_ExhibitA-C Attachment 3 - Hemet_CFD 2023-01_(Morgan Crossing)_RMA
Attachment 4 - Hemet_CFD 2023-1_(Morgan Crossing)_Boundary Map Attachment 5 - Maintenance-Responsibilty Exhibit_RHA 1-27-23
16.I
CITY COUNCIL RESOLUTION NO. 2023-xxx
Community Facilities District 2023-01 (Morgan Crossing)
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2023-XXX
A RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF HEMET, CALIFORNIA,
TO ESTABLISH CITY OF HEMET COMMUNITY
FACILITIES DISTRICT NO. 2023-01 (MORGAN
CROSSING, located in the area of west Stetson
Ave. and east of Warren) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX WITHIN CITY OF
HEMET COMMUNITY FACILITIES DISTRICT NO.
2023-01 (MORGAN CORSSING)
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, this City Council (the “City Council”) of the City of Hemet (the “City”) has received petitions (the “Petitions”) requesting the institution of proceedings, which are signed by the owners (the “Owners”) of the land proposed for inclusion in a proposed community facilities district and which meet the requirements of Sections 53318 and 53319 of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Division 2 of Title 5 of the California Government Code (the “Act”); and
WHEREAS, the Act authorizes the City Council to establish a community facilities district and to levy special taxes within that district; and
WHEREAS, in accordance with the request set forth in the Petitions, the City Council desires to undertake proceedings to
16.I
CITY COUNCIL RESOLUTION NO. 2023-xxx
Community Facilities District 2023-01 (Morgan Crossing) establish a community facilities district pursuant to the Act to finance certain services which are in addition to services currently provided in the territory of the proposed district and are necessary to meet increased demands placed upon the City as a result of the development of such land;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HEMET DOES HEREBY FIND AND RESOLVE TO:
Section 1. Intention. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district under the terms of the Act.
Section 2. Name of District. The name of the proposed
community facilities district is "City of Hemet Community Facilities District No. 2023-01 (Morgan Crossing)" (the "District").
Section 3. Boundaries of District. The exterior boundaries of the District are shown on the map now on file in the office of the City Clerk entitled “Proposed Boundary - Community Facilities District No. 2023-01 (Morgan Crossing)” (the “Map”). The Map indicates by a boundary line, the extent of the territory included in the proposed District and shall govern for all details as to the extent of the District. On the original and one copy of the Map, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of the Map in their office and, after the adoption of this Resolution, the City Clerk
16.I
CITY COUNCIL RESOLUTION NO. 2023-xxx
Community Facilities District 2023-01 (Morgan Crossing) shall file a copy of the Map so endorsed in the records of the County Recorder, County of Riverside, State of California, no later than fifteen days before the public hearing specified in Section 6 below.
Section 4. Services. The type of services proposed to be provided within the District and to be financed under the Act shall consist of those services set forth on Exhibit "A" (the "Services"), attached hereto and incorporated herein by reference. The Services are in addition to services currently provided in the District and are necessary to meet increased demands placed upon the City as a result of the development occurring in the District.
Section 5. Special Tax.
a. Except where funds are
otherwise available to pay for the
Services, it is the intention of the
City Council, commencing Fiscal
Year 2023-2024, to levy annually
in accordance with procedures
contained in the Act a special tax
(the "Special Tax") within the
District sufficient to pay for the
costs thereof, including incidental
expenses. The types of incidental
expenses proposed to be
incurred are set forth in Exhibit
16.I
CITY COUNCIL RESOLUTION NO. 2023-xxx
Community Facilities District 2023-01 (Morgan Crossing) “B.” The Special Tax will be
secured by recordation of a
continuing lien against all non-
exempt real property in the
District and will be collected in
the same manner as ordinary ad
valorem property taxes are
collected, or in such other
manner as may be provided by
the City Council including, without
limitation, direct billing of the
affected property owner, and
shall be subject to the same
penalties, procedure, sale and
lien priority in case of
delinquency as applicable for ad
valorem property taxes. In the
first year in which the Special Tax
is levied, the levy shall include a
sum sufficient to repay to the City
all amounts, if any, transferred to
the District pursuant to Section
53314 of the Act and interest
thereon.
b. The proposed Rate and Method
of Apportionment of the Special
16.I
CITY COUNCIL RESOLUTION NO. 2023-xxx
Community Facilities District 2023-01 (Morgan Crossing) Tax (the “Rate and Method”)
among parcels of real property in
the District, which provides
sufficient detail to allow each
resident or landowner within the
proposed District to estimate the
maximum amount such resident
or owner will have to pay, is
shown in Exhibit "C," attached
hereto and incorporated herein
by reference. The City Council
hereby determines the Rate and
Method set forth in Exhibit “C” to
be reasonable.
Section 6. Hearing. A public hearing (the "Hearing") on the establishment of the District, the extent of the District, the furnishing of Services within the District, and the proposed Rate and Method shall be held on March 28, 2023, at 7:00 p.m., or as soon thereafter as practicable, at the Council Chambers of the City of Hemet, 450 E. Latham Avenue, Hemet, California 92543. At the Hearing, any interested person or taxpayer, including all persons owning lands or registered to vote within the proposed District, may appear and be heard.
Section 7. Report. The Staff of the City is directed to study the proposed District and prepare for filing at the Hearing the report
16.I
CITY COUNCIL RESOLUTION NO. 2023-xxx
Community Facilities District 2023-01 (Morgan Crossing) required by Section 53321.5 of the Act. The staff of the City may delegate to consultants of the City the duty to perform the study and prepare the report.
Section 8. Advances. The City may accept advances of funds or work in-kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.
Section 9. Published Notice. The City Clerk is hereby directed to publish a notice of the Hearing ("Notice") pursuant to Section 6061 of the California Government Code in a newspaper of general circulation published in the area of the proposed District. Such Notice shall be substantially in the form specified in Section 53222 of the Act. Publication of the Notice shall be completed at least seven days prior to the date of the Hearing.
Section 10. Mailed Notice. The City Clerk is hereby directed to send a copy of the Notice of the Hearing by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposed District as shown on the last equalized assessment roll.
16.I
CITY COUNCIL RESOLUTION NO. 2023-xxx
Community Facilities District 2023-01 (Morgan Crossing) Mailing of the Notice shall be completed at least fifteen days prior to the date of the Hearing.
Section 11. Voting. Should the City Council determine to form the District, a special election will be held within the District to authorize the levy of the Special Tax in accordance with the procedures contained in Section 53326 of the Act. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the District. Ballots for the special election may be distributed by mail with return postage prepaid or by personal service.
Section 12. Exemptions from Special Tax. Except as may
otherwise be provided in Exhibit “C” hereto or by law, all lands owned by any public entity, including the United States, the State of California, County of Riverside and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Facilities and Services. In addition, reference is hereby made to Exhibit “C” for a description of other lands which shall be omitted from the levy of the Special Tax.
Section 13. Election to Perform Work. Pursuant to 53329.5(c) of the Act, the City Council finds that, in its opinion, the public interest
16.I
CITY COUNCIL RESOLUTION NO. 2023-xxx
Community Facilities District 2023-01 (Morgan Crossing) will not be served by allowing property owners in the District to enter into a contract pursuant to Section 53329.5(a)
PASSED, APPROVED AND ADOPTED this 14 th day of
February 2023.
____________________________
Joe Males, Mayor
ATTEST:
__________________________
John Paul Maier, City Clerk
16.I
CITY COUNCIL RESOLUTION NO. 2023-xxx
Community Facilities District 2023-01 (Morgan Crossing) State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14 th day of February 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
16.I
16.I
EXHIBIT "A"
DESCRIPTION OF SERVICES
Authorized Services shall be the following:
• Street lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD. • Landscape maintenance to be financed, including streetscape and related facilities, including monuments, hardscape, access roads and pathways, specifically identified within the CFD. The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient.
Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
• Park maintenance to be financed, including maintenance of landscaping and park facilities. Park facilities may include, but is not limited to, play structures, public gathering spaces, multi-purpose tables and shade structures, signage and lighting, trash and recycling receptacles, and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection
• Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other NPDES/WQMP/BMP related devices. The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.Page 14 of 32
16.I
• Litter and graffiti removal on soundwalls and other amenities, plus normal painting as required, within the CFD.
• All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.
A- 1
16.I
EXHIBIT "B"
INCIDENTAL EXPENSES
The cost of the Services shall include incidental expenses, including costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of environmental evaluations.
The following incidental expenses are examples of those that may be incurred in the formation of the District:
• Engineering services,
• Publishing, mailing and posting of notices,
• Governmental notification and filing costs,
• Election costs, and
• Charges and fees of the City other than those waived.
The following incidental expenses are examples of those that may be incurred in each annual Special Tax levy:
• Necessary consultant costs,
• Costs of posting and collecting the special taxes, and • Administrative costs of the City related to each annual Special Tax levy.
B-1Page 16 of 32
16.I
EXHIBIT “C”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
(Please see attached)
16.I
Proposed Boundary Map
(Please see attached)
16.I
City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2023-01 (MORGAN CROSSING)
OF THE CITY OF HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA A Special Tax (all capitalized terms are defined in Section A., “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2023-01 (Morgan Crossing) (the CFD). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023-2024, shall be determined by the City Council of the City of Hemet, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B, C and D, below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, other recorded County map, or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (Sections 53311 - 53368 ).
“Administrative Expenses” means all actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out duties of the CFD as allowed by the Act. This may include, without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City, the Administrator or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or Administrator directly related to the CFD.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes. “Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied; and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
16.I
City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 2
“Assessor” means the Assessor of the County.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2023. Rates in this Rate and Method of Apportionment are based on FY 2022-23 costs which will be escalated beginning in FY 2023-24.
“Boundary Map” means a recorded map of the CFD that indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.
“Capital Replacement” means to repair or replace improvements being maintained by the CFD.
“CFD” means Community Facilities District No. 2023-01 (Morgan Crossing) of the City of Hemet.
“City” means the City of Hemet, California
“Condominium Residential Property” means a Developed Parcel with an approved land use for residential condominiums (two or more attached units which can each be owned individually). Parcels that are open space, recreation, clubhouse, etc., owned by a condominium association, homeowner’s association or property owner’s association, are Exempt Property.
“Consumer Price Index” or “CPI” means the Consumer Price Index published by the U.S. Bureau of Labor Statistic for “All Urban Consumers” in the Riverside-San Bernardino-Ontario area.
“Consumer Price Index Inflation Factor” means, for any Fiscal Year, the annual change in the Consumer Price Index which shall be measured from the month of March in the Calendar Year that ends in the previous Fiscal Year to the month of March preceding the Fiscal Year. The Maximum Special Tax Rates in Table 1 and Table 2 shall be increased by the amount of the Consumer Price Index Inflation Factor, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax Rates in effect for the previous Fiscal Year.
In the event this index ceases to be published, the Consumer Price Index shall be
16.I
City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 3
another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario Area. “Council” means the City Council of the City acting as the legislative body of the CFD. “County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied; and (ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U)” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Exempt Property” means any Parcel that is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of a Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Land Use Class” means any of the classes listed in Table 1 of Section C., below. “Maximum Special Tax” means, for each Parcel in each Fiscal Year, the greatest Special Tax amount, determined in accordance with Section C., below, that may be levied on such Parcel in such Fiscal Year.
“Maximum Special Tax Rate (s)” means, for each Fiscal Year, the greatest Special Tax rate, determined in accordance with Section C., below, that may be levied on a Parcel in such Fiscal Year.
“Mixed Use Property” means all Parcels of Developed Property with more than one land use including residential, commercial, retail or other land uses. “Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
16.I
City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 4
“Non-Residential Property” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more commercial, retail or other types of structure other than a residential structure. “Operating Reserves” means cash reserves to fund the Special Tax Requirement in the event of cash flow shortages or unexpected increases in operating, repair and maintenance costs (excluding capital improvements).
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property” means all Parcels that have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association, prior to April 1 preceding the Fiscal Year in which the Special Tax is being levied. The Special Tax shall not be levied on Property Owner’s Association Property. If any Property Owner’s Association Property is converted to Taxable Property as the result of a sale of an Exempt Parcel to a private owner for residential or non-residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
“Proportionately” means for Parcels of Taxable Property that are (i) Developed Property, the ratio of the applied Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property; (ii) Approved Property, the ratio of the applied Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property; and (iii) Undeveloped Property, Public Property or Property Owner’s Association Property, the ratios of the applied Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner’s Association Property. “Public Property” means all Parcels which, as of April 1 st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.
“Single Family Residential Property” means all Parcels of Residential Property, other than Condominium Residential Property and Multifamily Residential Property.
16.I
City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 5
“Special Tax(es)” means the Special Tax A or Special Tax B to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D. “Special Tax A” means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.1 to fund the Special Tax A Requirement.
“Special Tax Area A” means the parcels comprising Special Tax Area A as depicted and defined in the Boundary Map.
“Special Tax A Requirement” means for each Fiscal Year, the Special Tax A amount required to: (i) pay the estimated cost of Special Tax A Services for such Fiscal Year as determined by the City; (ii) fund the Special Tax A Reserve Fund in an amount not to exceed 20% of the Special Tax A Reserve Fund Requirement; (iii) pay Administrative Expenses; (iv) pay for an actual or anticipated shortfall due to Special Tax A delinquencies in the current or prior Fiscal Year; and (v) provide a credit for funds that are available to reduce the annual Special Tax A levy, if any, as determined by the Administrator.
“Special Tax A Reserve Fund” means a fund to be used for Capital Replacement and Operating Reserves related to the Special Tax A Services. “Special Tax A Reserve Fund Requirement” equals $284,025 in the Base Year. The Special Tax A Reserve Fund Requirement shall be increased annually, commencing July 1, 2023, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year. “Special Tax A Services” means: (i) Street light maintenance including energy charges, operation, maintenance, and administrative costs of streetlights within the CFD; (ii) Landscape maintenance in the City right-of-way, or easement, to be financed, including streetscape, hardscape, pathways, access roads, slopes, and open space areas but excluding those areas/devices specifically identified in Special Tax B Services; and (iii) stormwater facilities and BMPs (Including Lots A and O of Tract Map 35392). BMP maintenance means maintenance, administration and inspection of the stormwater facilities and BMPs including open space areas, and any other NPDES/WQMP/BMP related devices. BMP and landscape maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, street lights, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting; visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: deficiencies, erosion, trash, silt, sediment, structural deficiencies.
Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration,
16.I
City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 6
including phone calls and procurement of goods and services; (iv) Litter and graffiti removal on soundwalls and other amenities and normal painting as required; and (iv) Other services as authorized under the Act.
“Special Tax B” means the special tax that may be levied on each Parcel of Taxable Property in accordance with Section D.2 to fund the Special Tax B Requirement.
Maintenance of the Special Tax B Improvements shall be the responsibility of the Property Owner’s Association as long as the Special Tax B Improvements are being maintained to a standard acceptable to the City. Special Tax B shall not be levied in any year the City determines that the Special Tax B Improvements have been maintained to a standard acceptable to the City. Special Tax B shall begin to be levied in the first year in which the City determines that the Special Tax B Improvements, have not been maintained to a standard acceptable to the City. The City shall not levy Special Tax B without first giving notice to the Property Owner’s Association specifying the maintenance deficiency related to the Special Tax B Improvements and allowing a sufficient period, as determined by the City, for curing such deficiency. “Special Tax Area B” means the parcels comprising Special Tax Area B as depicted and defined in the Boundary Map.
“Special Tax B Improvements” means the improvements that are maintained and operated as described in Special Tax B Services.
“Special Tax B Requirement” means for each Fiscal Year, the Special Tax B amount required to: (i) pay the estimated cost of Special Tax B Services for such Fiscal Year as determined by the City; (ii) fund the Special Tax B Reserve Fund in an amount not to exceed 20% of the Special Tax B Reserve Fund Requirement; (iii) pay Administrative Expenses related to Special Tax B Services; (iv) pay for the actual or anticipated shortfall due to Special Tax B delinquencies in the current or prior Fiscal Year; and (v) provide a credit for funds that are available to reduce the annual Special Tax B levy, if any, as determined by the Administrator. Special Tax B Reserve Fund shall not be funded unless it is determined Special Tax B Services are required. “Special Tax B Reserve Fund” means a fund to be used for Capital Replacement and Operating Reserves related to the Special Tax B Services. “Special Tax B Reserve Fund Requirement” equals $84,633 in the Base Year. The Special Tax B Reserve Fund Requirement shall be increased annually, commencing July 1, 2023, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year.
“Special Tax B Services” means maintenance of (i) The area known as Lot E and Lot L on Tract Map 35392, including landscape maintenance and (ii) Maintenance of four parks (Lot B, C, F J, and K of Tract Map 35392) including play structures and other park facilities and equipment; (iii) Entry monuments (iv) Litter and graffiti removal on soundwalls and other amenities and normal painting as required; and (v) Other services
16.I
City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 7
as authorized under the Act. Landscape maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, street lights, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time; visual inspection processes and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD, inclusive of Special Tax Area A and Special Tax Area B pursuant to the Boundary Map that are not exempt from the Special Tax pursuant to Section E., below. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1 or Table 2 of Section C.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
For each Fiscal Year, commencing Fiscal Year 2023-2024, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property, or Property Owner’s Association Property; and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Parcels of Residential Property shall further be classified as Single Family Residential Property, Condominium Residential Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
For each Fiscal Year commencing Fiscal Year 2023-2024, Maximum Special Tax Rates shall be determined as described below.
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City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 8
1. Developed Property
The Maximum Special Tax Rate that may be levied on each Parcel classified as Developed Property shall be determined by reference to Table 1 below. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C.
5. TABLE 1
Maximum Special Tax Rates for Developed Property
Fiscal Year 2022-20231
Land Use
Class Description
Taxable
Unit
Maximum
Special Tax A
Per Taxable Unit
Maximum
Special Tax B
Per Taxable Unit
1 Single Family Residential Property D/U $947 $282
2 Condominium Residential Property D/U $663 $197
3 Multifamily Residential Property Acre $5,954 $1,774
4 Non-Residential Property Acre $5,954 $1,774
1 Max Rates are based on FY 2022-23 costs and will be increased by the Consumer Price Index Inflation Factor for the first levy in FY 2023-24.
Mixed Use Property
The Maximum Special Tax that may be levied on a Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for each of the Parcels land uses based on Table 1. The Maximum Special Tax Rate for Single Family Residential Property shall apply to any Dwelling Units on the property. The Maximum Special Tax Rate for Acreage shall apply to the other land uses on the property, with Acreage for each land use determined by reference to the approved site plan for such Parcel. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.
2. Approved Property
In determining the Maximum Special Tax for each Parcel of Approved Property, the Undeveloped Property Maximum Special Tax Rate from Table 1 times the Acreage of such Parcel shall be applied; provided, however, that for a Parcel of Approved Property that is expected to become Single Family Residential Property, as reasonably determined by the Administrator based on the Final Map for such Parcel,
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City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 9
the Maximum Special Tax for such Parcel of Approved Property shall be calculated utilizing Table 1 as if such Parcel were already designated as Single Family Residential Property. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.
3. Undeveloped Property
The Maximum Special Tax Rate that may be levied on each Parcel of Undeveloped Property shall be determined by reference to Table 2 below. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.
TABLE 2
Maximum Special Tax Rates for Undeveloped Property
Fiscal Year 2022-20231
Maximum Special Tax A
Per Acre
Maximum Special Tax B
Per Acre
$5,954 $1,774
1 Max Rates are based on FY 2022-23 costs and will be increased by the Consumer Price Index Inflation Factor for the first levy in FY 2023-24.
4.Taxable Public Property and Property Owner’s Association Property The Maximum Special Tax Rate that may be levied on each Parcel of Taxable Public Property or Taxable Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax Rates shown in Table 2 multiplied by the Acreage of such Parcel. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.
5.Annual Maximum Special Tax Rate Increase
The Maximum Special Tax Rates in Table 1 and Table 2, shall be increased by the amount of the Consumer Price Index Inflation Factor, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax Rates in effect for the previous Fiscal Year.
16.I
City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 10
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Administrator shall levy Special Tax A on all Taxable Property within Special Tax Area A up to the amount of the Special Tax A Requirement in accordance with the following steps:
First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement.
2. Special Tax B
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Administrator may levy Special Tax B on all Taxable Property within Special Tax Area B up to the amount of the Special Tax B Requirement in accordance with the following steps:
First: If levied, Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the
16.I
City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 11
applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement.
Notwithstanding the above, under no circumstances will the Special Tax be levied in any Fiscal Year against any Parcel of Residential Property for which a Building Permit has been issued be increased by more than ten percent (10%) as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
E. EXEMPTIONS
The Special Tax shall not be levied on Public Property or Property Owner’s Association Property. If any Public Property or Property Owner’s Association Property is converted to Taxable Property as the result of a sale of an Exempt Parcel to a private owner for residential or non-residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax or may collect the Special Tax at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on their Parcel(s) with the Administrator, provided that the appellant is current in their payments of Special Taxes.
During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.
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City of Hemet
CFD No. 2023-01 (Morgan Crossing)
Rate and Method of Apportionment Page 12
H. TERM OF THE SPECIAL TAX
The Special Tax may not be prepaid. The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.
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W THORNTON AVE
WARREN ROAD
N
No Scale
600 B St #2000, San Diego, CA 92101 p: 619.236.1778 ext. 1261 www.WeAreHarris.com
PROPOSED BOUNDARY OF
CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2023-01
(MORGAN CROSSING)
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF
HEMET THIS DAY OF , 2023.
CITY CLERK OF THE CITY OF HEMET
CLERK'S MAP STATEMENT
I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP
OF THE PROPOSED BOUNDARY OF COMMUNITY
FACILITIES DISTRICT NO. 2023-01, (MORGAN CROSSING),
CITY OF HEMET, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF
THE CITY OF HEMET AT A REGULARLY SCHEDULED
MEETING THEREOF, HELD ON THE DAY OF
, 2023 BY ITS RESOLUTION
NO. .
CITY CLERK OF THE CITY OF HEMET
COUNTY RECORDER'S FILING STATEMENT
FILED THIS DAY OF , 2023
AT THE HOUR OF O'CLOCK .M. IN BOOK
OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF
THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.
PETER ALDANA
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE
BY:
DEPUTY
FILE: THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR’S MAPS.
Special Tax Area A Boundary
Parcel Boundary
Legend
Special Tax Area B Boundary
S CAWSTON AVE
Site
(6)
W STETSON AVE
( # )
(1)
(2)
(4) (3) (5)
ASSESSOR PARCEL NUMBERS LOCATED
WITHIN PROPOSED BOUNDARIES OF CFD
2023-01 (MORGAN CROSSING) AS OF
FISCAL YEAR 2022-23
(1) 460-010-011 (4) 460-010-008
(2) 460-010-010 (5) 460-020-005
(3) 460-010-009 (6) 460-020-006
Assessor Parcel Reference Number
W THORNTON AVE
S CAWSTON AVE
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40810 COUNTY CENTER DR.,SUITE 200TEMECULA, CA 92591PHONE: (951) 676-8042MBAKERINTL.COM TRACT 35392
MORGAN CROSSING
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LOT "F"
LOT "C" FISHER STREET
NEW STETSON AVENUE
NEW STETSON AVENUE
LOT "K"
WARREN ROAD
WEST STETSON AVENUE
LA QUINTA AVE
AMARYLLIS STBIRCHWOOD AVEBUCKSKIN CT
THORNTON AVENUESTIRRUP ST
PAINT CT
CEDARWOOD ST
STIRRUP STPINTAIL CT
BRODIG CT
PASSIVE PARK
PLAYGROUND PARK
PASSIVE PARK
LOT "L"
LOT "E"
THORNTON CHANNELLOT "M"THORNTON CHANNELLOT "N"LOT "A"
LOT "O"RCFC & WCD HEMET STORM CHANNELTRACT BOUNDARY
TRACT BOUNDARYTHORNTON AVENUE
LOT "E"
111ROAN AVE
LOT "I"
LOT "D"
PASSIVE PARKLOT "B"
TRACT BOUNDARY
LOT "G"
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Feb 14 2023
Department: Administration
Submitted by: Eddie Pust, Interim City Manager
Veronica Allen, Management Analyst;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with eCIVIS for Year Two ($53,800.00) and Year Three ($53,800.00) of a Grant Management Software in the Amount of $107,600.00, Authorizing the City Manager to Execute the Agreement and Related Documents, and Authorizing the Finance Director to Record a Supplemental Appropriation in the American Rescue Plan, Fund 270
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an agreement with eCivis for Year Two ($53,800.00) and Year Three ($53,800.00) of a Grant Management software in the amount of $107,600.00, authorizing the City Manager to execute the agreement and related documents, and authorizing the Finance Director to record a supplemental appropriation in the American Rescue Plan, Fund 270.
BACKGROUND:
eCivis, a grant management software system approved by the City Council on January 11, 2022, is used to man age and monitor funds of new grant programs established using SLFRF funding, along with other City grant -funded programs. The eCivis grant management system aligns with the City's Strategic Plan goal to operate in a financially sustainable manner and is an eligible ARPA SLFRF expenditure item.
The eCivis grant management software system is a fully integrated cloud -based system that propels the full grants management lifecycle. The eCivis software has three components. These components are:
• Pre-award: is the grant funding opportunities functionality providing grant funding notices for the City • Find relevant grants faster with an advanced multi-search engine • Improves collaboration with real-time tracking and updates from one system • Use the Previously Funded Award library to help cut writing grant writing time in half
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• Post-award: is the function of tracking projects, goals, tasks, budgets, and documents • Track and report all projects and grant expenditures in one place • Report goals and objectives for each project
• Allocate and track multiple funding sources
• Import financial transactions from your existing financial system • Sub-recipient manager – is the functionality to allow applicants to apply for grant funding with the City • Centralize and streamline application intake, evaluation, and grant award process through one application portal
• Automate the intake and evaluation of grant applications • Keep sub-recipients on track by creating workflows and task reminders
ANALYSIS:
At the December 13, 2022 meeting, staff stated that no grant application had been submitted using the eCivis grant funding notifications. The Fire Department did ap ply for a grant in October 2022 for a Firehouse Sub Foundation grant that came from an eCivis weekly grant funding notification email. The grant was awarded to the Fire Department in the amount of $34,602.24 for four (4) thermal imaging cameras with truck mounts.
The City receives grant funding notifications from several sources via email. Some of the notifications are received from the City's grant consultants on a weekly basis and notifications are received on a daily basis from Grant Management Associates, California Consulting, and eCivis. Through one of the City's grant writing consultants, a monthly Grant Activity Reports is conducted with departmental staff to review grant funding opportunities focused on City priorities.
eCivis can provide the departmental grant leads the ability to search and set notifications of grant funding opportunities on a daily, weekly or monthly basis. The system can also search for specific categories (ex. drones). eCivis will search for grant op portunities that will have drones in its Notice of Funding Opportunity (NOFO).
DISCUSSION:
At the December 13, 2022 meeting, Council member Meyer asked about the sustainability of using the grant management system after ARPA funding is fully utilized an d no longer available. The grant management system can be financed further using the Community Development Block grant funding under the administration/planning category. The City is an entitlement city and receives an allocation from the Department of Hou sing and Urban Development (HUD) to assist low to moderate income individuals/households or areas that are low income. According to the City's HUD representative, having a grant management system is a smart investment and is an eligible expense.
Staff is requesting approval of the Resolution (Attachment 1) to continue services with eCivis and the grant management software services of Year two and subsequently, Year three as listed in the Invoice (Attachment 2). Also, adding an additional three (3) users to the grant management software system to enable department staff the ability to find grant funding opportunities and monitor grant status as an amendment to the original service agreement (Attachment 3).
PREVIOUS COUNCIL ACTION:
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On December 13, 2022, this item was presented to the Hemet City Council to approve the resolution.
Council asked that staff return with more information regarding the sustainability of the management system after ARPA funding was no longer available. No action was taken at the December 13, 2022 meeting.
On January 11, 2022, this item was presented to the Hemet City Council to approve the resolution approving an agreement with eCivis for Grant Management Software in the amount of $60,600 for Year one of the contract and authorize the City Manager to execute the agreement and related documents, and authorize the Finance Director to Record a Supplemental Appropriation in the American Rescue Plan, Fund 270. City Council approved by a vote of 5-0.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council's adopted objective:
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
The grant management system is eligible under the American Rescue Plan Act under Administration expenditures. ARPA SLFRF funding, Fund 270 (Account 270-1202-2260) in the amount of $107,600.00 is already allocated for this project for Years two ($53,800.00) and three ($53,800.00). This action will authorize the Finance Director to record a supplemental appropriation in the amount of $107,600.00 in Fund 270. The Year two in the amount of $53,800.00 will be added to the Grant Administration budget.
Subsequent years can be funded by the Community Development Block Grant funding.
ALTERNATIVE(S):
1. Do not approve the eCivis service agreement for Year Two and Year Three and discontinue use of the software management system.
2. Approve the Resolution for Year Two and Year Three of the grant management system using ARPA funding, Fund 270.
ATTACHMENT(S):
Attachment 3: Carahsoft - eCivis Inc - 12.23.2022 - Quote 37125284 and First Amendment - City of Hemet
Attachment 2: Invoice 36197805INV signed
Attachement 1: eCivis Resolution Year 2 and 3_revised
eCivis Presentation_2.14.23
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CARAHSOFT TECHNOLOGY CORP
11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | [email protected]
GOVERNMENT - PRICE QUOTATION
PAGE 1 of 1
QUOTE DATE:
QUOTE NO:
12/23/2022
37125284
CONFIDENTIAL
TO: Veronica Allen
Management Analyst
City of Hemet
3777 Industrial Ave
Corporation Yard
Hemet, CA 92543 USA
[email protected]
(951) 765-3722
EMAIL:
PHONE:
FROM: Mandi Queen
Carahsoft Technology Corp.
11493 Sunset Hills Road
Suite 100
Reston, Virginia 20190
EMAIL: [email protected]
PHONE: (571) 662-3051 FAX: (703) 871-8505
TERMS: FTIN: 52-2189693
Shipping Point: FOB Destination
Remit To: Same as Above
Payment Terms: Net 30 (On Approved Credit)
Cage Code: 1P3C5
DUNS No: 088365767
UEI: DT8KJHZXVJH5
Credit Cards: VISA/MasterCard/AMEX
Sales Tax May Apply
QUOTE NO: 37125284
$600.00TOTAL QUOTE:
QUOTE DATE: 12/23/2022
QUOTE EXPIRES:
RFQ NO:
SHIPPING:
TOTAL PRICE:
ESD
$600.00
01/31/2023
LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE
RECURRING ADD ON
ULF-00000-41-2 City: Per user subscription fee (3-50) (For Legacy Customers Only)
eCivis, Inc. - ULF-00000-41
Start Date: 01/01/2023
End Date: 12/31/2023
$200.00 3 $600.001 OM
$600.00SUBTOTAL:
TOTAL PRICE:
TOTAL QUOTE: $600.00
$600.00
Please include the following on your PO:
- PO made out to Carahsoft with our current address (11493 Sunset Hills Road, Suite 100. Reston, VA 20190) - Payment terms: Net30
- Ship to and bill to address listed
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FIRST AMENDMENT TO ECIVIS MASTER SUBSCRIPTION AND SERVICE AGREEMENT (CONTRACT NO. 31494523)
THIS FIRST AMENDMENT TO ECIVIS MASTER SUBSCRIPTION AND SERVICE AGREEMENT (CONTRACT NO. 31494523), dated 01/14/2022 (“First Amendment”) is made and entered into as of 12/23/2022 (the “Effective Date”) by and between eCivis, Inc. a Delaware corporation (“eCivis”), Carahsoft Technology Corp (“Carahsoft”) and City of Hemet, CA (“Customer”), and is made with reference to the following:
A. Customer and eCivis have entered into an agreement, effective 01/14/2022 (the “Agreement”).
B. Customer and eCivis wish to further amend the Agreement entered into 01/14/2022 as Follows:
NOW, THEREFORE, in consideration of the premises and the agreements, condition and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. This is being procured through Carahsoft Technology as distributor and all invoices will be paid to Carahsoft at 11493 Sunset Hills Road, Suite 100. Reston, VA 20190 within 30 days of receipt of invoice. This agreement is acting as a funded award to be billed off of.
2. Products and Services. Customer and eCivis agree to add City: Per user subscription fee (3- 50) (For Legacy Customers Only) in the Quantity of (3) three for Cycle 2 effective 01/01/2023. The parties further agree for the Products and Services during the 3rd cycle and effective 01/01/2023 outlined and titled as SUMMARY OF FEES AND SERVICES below:
SUMMARY OF FEES AND SERVICES
Recurring Annual Fee(s) Description Units Avg. Unit
Price Total Price
ULF-00000-41-2
City: Per user subscription fee (3-50)
(For Legacy Customers Only)
3 $200.00
$600.00
Recurring Fee(s) Sub-Total $600.00
TOTAL PRICE $600.00
Full Force and Effect.
Except as expressly amended by this Amendment, the Agreement remains in full force and effect, and this First Amendment shall not be construed to alter or amend any of the other terms or conditions set forth in the Agreement. In the event of a conflict between the terms of the Agreement and this First Amendment, the provisions of this First Amendment shall prevail.
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Counterparts. This Amendment may be executed in multiple counterparts, each of which shall constitute an original and all of which, taken together, shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the Effective Date provided herein.
City of Hemet, CA Carahsoft Technology Corp.
Name: Name:
Title: Title:
Date: Date:
eCivis, Inc.
Name:
Title:
Date:
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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carahsoft
CITYOFHEMETRECEIVED&APPROVEDBy
CarahsoftTechnologyCorp11493SunsetHillsRoadSte100RestonV A,20190Phone:(703)871-8500Fax:(703)871-8505To:CityofHemetATTN:VeronicaAllen3777IndustrialAveCorporationYardHemet,CA,92543 PONumberTBDQTYOrd.1.001.001001.00
8.00 RemitTo:
OrderDateItemNumberBL-00000-04-2GN-20001-42-2GN-20001-40-2GN-20001-46-2ULF-00000-41-2 CarahsoftTechnologyCorporation11493SunsetHillsRoadSte100Reston,V A20190FEIN52-2189693DUNS088365767CASalesTax#SCOHB100-529633 CustomerNo.SartlEndDate1/1/202312/31/20231/1/202312/31/20231/1/202312/31/20231/1/202312/31/20231/1/202312/31/2023 Invoice
SalespersonQuoteNo.MandiQueen36197805DescriptionCity:Includes2baseusersubscriptionsCity:GranteePost-AwardSoftwareCity:GranteePre—AwardSoftwareCity:CompetitiveAwardManagement(PerApp)City:Perusersubscriptionfee(3-50) TotalAmountDue 53,200.00
SubscriptionPeriod(s)andPaymentTermsTheSubscriptionPeriodofthisAgreementwillconclude12/31/2024.Paymentisduenet30daysfrominvoicedateSubscriptionfeesaredueannuallyinadvanceandtheserviceswillbeinvoiceduponcontracteffectivedateduenet30.Cycle2:01/01/23through12/31/2023forthepriceof$53,200.00Cycle3:01/01/24through12/31/2024forthepriceof$53,20000 TotalAmountDue
Forquestionsonthisinvoice,pleasecontactARat703-581-6566 10/11/2022 ll’l
DatePage10/11/20221InvoiceNumber36197805|NV
ShipVIA TermsESD NET30UnitPriceExtendedPrice000 0O019,600.0019,8000011,800.0011,8000020,000.0020,000.0020000 1,60000 53,200.00
Page1
lit?téivenOCTPage 7 of 20
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City of Hemet Resolution No. 2021-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AN
AGREEMENT WITH eCIVIS FOR YEAR TWO
($53,800.00) AND YEAR THREE ($53,800.00) OF A
GRANT MANAGEMENT SOFTWARE SYSTEM IN THE
AMOUNT OF $107,600.00, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT,
PURCHASE ORDERS AND ALL OTHER SUPPORTING
DOCUMENTS RELATED TO THIS AGREEMENT, AND
AUTHORIZING THE FINANCE DIRECTOR TO RECORD
A SUPPLEMENTAL APPROPRIATION IN THE
AMERICAN RESCUE PLAN, FUND 270.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the American Rescue Plan Act (“ARPA”) of 2021 was signed into law and includes a $350 billion allocation of Coronavirus State & Local Fiscal Recovery Funds (“SLFRF”) to state, local, territorial, and tribal governments to bolster their response to the COVID-19 emergency and its economic impacts; and WHEREAS, on May 10, 2021, the U.S. Department of Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds program; and WHEREAS, eligible categories of SLFRF expenditures include public health, negative economic impacts, services to disproportionately impacted communities, premium pay for essential workers, water, sewer, and broadband infrastructure, and to replace lost public sector revenue; and
WHEREAS, expenses to improve efficacy of public health or economic relief programs are eligible activities; and
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City of Hemet Resolution No. 2021-xxx
WHEREAS, the eCivis grant management software system will assist with monitoring new grant programs established using payments from the ARPA SLFRF funding; and
WHEREAS, the eCivis grant management software system will assist with monitoring ARPA funded projects and activities; and
WHEREAS, the City does not have a grant management software system to track the increasing grant funding opportunities available to the City; and WHEREAS, an addition of three (3) users to the eCivis grant management software system to enable departmental staff the ability to find grant funding opportunities and monitor grants status for a cost of $600 annually is included as an amendment to the existing contract; and
WHEREAS, a supplemental budget request of $107,600.00 for Year two ($53,800.00) and Year three ($53,800.00) from ARPA Fund 270-1202-2260 is requested to fund the following service agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2.Authorization. The City Council authorizes the Finance Director to record a supplemental budget appropriation of $107,600.00 from ARPA Fund 270; approves an agreement with eCivis for a grant management software system in the amount of $107,600.00 for Year Two ($53,800.00) and Year Three ($53,800.00), and authorizes the City Manager to execute the agreement, purchase orders, and all other supporting documents related to this agreement.
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City of Hemet Resolution No. 2021-xxx
SECTION 3.EFFECTIVE DATE - This Resolution shall become effective on January 1, 2023.
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City of Hemet Resolution No. 2021-xxx
PASSED, APPROVED AND ADOPTED this 14th day of February 2023. ____________________________
Joseph Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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City of Hemet Resolution No. 2021-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th day of February 2023, and was passed by the following vote:
AYES: Council Members: None.
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
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Hemet City Council
Approve eCivis Year 2 and Year 3 Agreement - Administration February 14, 2023
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Strategic Plan Integration
Organizational
Effectiveness
The eCivis grant management software system falls under the Organizational Effectiveness goal to meet the
objective to operate in a financially sustainable manner.
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Housing Element Update
eCivis
• The eCivis grant management software system is a fully integrated cloud-based system that propels the full grants management lifecycle. The eCivis software has three components. These components are:
• • Pre-award: is the grant funding opportunities functionality providing grant funding notices for the City • Find relevant grants faster with an advanced multi-search engine • Improves collaboration with real-time tracking and updates from one system • Use the Previously Funded Award library to help cut writing grant writing time in half • Post-award: is the function of tracking projects, goals, tasks, budgets, and documents • Track and report all projects and grant expenditures in one place • Report goals and objectives for each project
• Allocate and track multiple funding sources
• Import financial transactions from your existing financial system • Sub-recipient manager – is the functionality to allow applicants to apply for grant funding with the City • Centralize and streamline application intake, evaluation, and grant award process through one application portal
• Automate the intake and evaluation of grant applications • Keep sub-recipients on track by creating workflows and task reminders
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Housing Element Update
Grant Funding Notifications
• Provides daily, weekly, or monthly grant funding notifications • System can do search for specific category of equipment, service, or activity • Immediate results
• Continual search until grant is found or search parameter is closed
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Housing Element Update
Alternative Funding Option
• Funded with Community Development Block Grant funding (CDBG) • Administration category
• HUD representative states it is an eligible cost and a smart investment • As time gets closer to renewing service contract in Year 3 (2024), a discussion with City Manager regarding moving forward or ending contract
• If advised to move forward, adjustments will need to be made within the Administration category that will affect the Public Services cap.
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Housing Element Update
Recommendation
• Approve the Resolution
• Year 2 agreement for $53,800
• Service from January 1, 2023 to December 31, 2023
• Includes an amendment to add 3 additional users
• To facilitate grant funding searches
• Monitor grant status and reporting
• Track subrecipient progress
• Document warehouse
• Year 3 agreement for $53,800
• Service from January 1, 2024 to December 31, 2024
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Discussion & Follow Up
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Feb 14 2023
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Discuss the Hemet Valley Bikeway Project (CIP 5696) Construction Bid Results and Provide Direction Regarding the Appropriation of Additional Funds Necessary to Award the Construction and Construction Management & Inspection Agreements
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Review and discuss the Hemet Valley Bikeway Connect project work done to date and the funding requirements to proceed with the construction of the project. If Council decides to proceed with allocating necessary funds, staff recommends the adoption of the following Resolution:
A Resolution of the City Council of the City of Hemet, California, Awarding Granite Construction Company a Construction Agreement in the Amount of $3,032,303, and Waiving any M inor Bid Irregularities, and Authorizing the City Manager to Approve Additional Construction Expenditures not to Exceed 10% of the Contract Amount or $303,230, and Awarding Willdan Engineering a Construction Management and Inspection Agreement in the Amoun t of $211,113.60, and Authorizing the City Manager to Execute all Contract Documents, and Directing the Finance Director to Re -Appropriate $1,581,646.60 of ARPA Funds From CIP 5743, and Authorizing the City Clerk to Record the Notice of Completion Upon Acc eptance of the Work by the City Engineer all for the Hemet Valley Bikeway Project, CIP 5696, Federal Aid Project No. ATPSB1L-5186(018).
BACKGROUND:
In March 2018 the City was awarded federal Active Transportation Program funds through the Cycle 3 augmentation process. The project includes the installation of Class II or Class III bicycle facilities, bicycle detection, bike repair and comfort stations, infill curb, gutter & sidewalk, ADA access ramps w/ curb extensions, pavement rehabilitation, and a tr ansportation mobility station with bike lockers and staging area, all within the following streets and limits:
• Chambers Street – State to Gilbert
• Gilbert Street – Chambers to Whittier
• Johnston Avenue – Gilbert to Palm
17.B
• Whittier Avenue – Gilbert to Palm
• Palm Avenue – Johnston to Esplanade
The the and Florida and Whittier Avenue between on only is rehabilitation pavement Palm transportation mobility station is located near the southeast corner of State Street and Chambers Street.
In addition to the infrastructure improvements discussed above, the grant also included a non - infrastructure portion to conduct a detailed public outreach plan throughout the community to inform the public of the proposed improvements and teach kids at local schools about bicycle safety. The non - infrastructure portion of work will be brought back to City Council at a future date provided the Council decides to proceed with the project. The non -infrastructure portion has grant funds allocated th at are separate from the construction and expected to be sufficient.
Since the time of the grant award, consultant staff has been working with Caltrans Local Assistance to correct various issues with the application, project scope, and timeline. The biggest of these issues was the potential for right -of-way acquisition along the originally proposed route. While coordinating with Caltrans to keep the project moving forward, staff re -designed the project to avoid any potential right - of-way acquisition, completed the environmental process (both CEQA and NEPA), and the right-of-way certification process through Caltrans. In the end, Caltrans approved the project to move forward and awarded various deadline extensions to the City. Environmental documents were approved on 7/20/21 and the right-of-way certification was approved on 12/15/21. On August 15, 2022, Caltrans authorized $1,990,000 of federal funding for the construction of the project.
On October 3, 2022, a request for proposals was issued for constr uction management and inspection services. The RFP was uploaded to PlanetBids, the City’s solicitation service provider, where interested firms could obtain the complete RFP package.
On November 2, 2022, the City Engineer approved the final construction plans and specifications. On November 3, 2022, the City solicited bids through Planet Bids, the City’s bid solicitation service provider, where interested bidders could obtain the complete bid document package.
ANALYSIS:
On October 24, 2022, the City received six proposals for Construction Management and Inspections from the following firms:
• CPM Partners, Inc.
• Dudek
• FCG Consultants
• KOA Corporation
• Southstar Engineering & Consulting, Inc.
• Willdan Engineering
All proposals were reviewed by members of the Public Works and Purchasing staff in accordance with the selection process identified in the RFP. Upon staff review of the proposals, Willdan Engineering was ranked the most qualified firm for the project.
On December 6, 2022, the City opened bids. A total of 5 bids were received and reviewed by staff resulting in Granite Construction Company being the verified lowest responsive and responsible bidder.
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Granite Construction Company $3,032,303
Hardy & Harper, Inc. $3,285,000
Vance Corporation $3,487,754
Onyx Paving Company, Inc. $3,535,000
All American Asphalt, Inc. $4,619,560
The most recent Engineer’s Estimate for the construction was $2,710,125.
Should the Council decide that completing this project is not the best use of resources, the project will be abandoned.
DISCUSSION:
The Hemet Valley Bikeway project was started back in 2018 and due to staff turnover and initial design challenges to eliminate the need for right -of-way acquisition, it has taken this long to get to the construction phase. Construction costs have increased significantly over this time period and the allocated funding falls short. To keep the grant funds viable, the construction needs to be awarded by February 28, 2023. The expenditures on the project to get to this point total approximately $240,000.
The ultimate decision needed will be to allocate the additional funding needed to award the construction or to abandon the project.
PREVIOUS COUNCIL ACTION:
On December 11, 2018, the City Council accepted $2,288,000 in federal Active Transportation Program funding for the Hemet Valley Bikeway Connect - CIP 5696.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
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 FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
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Construction of the Hemet Valley Bikeway project, CIP No. 5696, Federal Aid Project No, ATPL - 5186(018) is funded by the City’s ATP grant in the amount of $1,990,000 which is not sufficient for the award of these agreements. See the breakdown below of total construction costs.
Construction Contract $3,032,303
Construction Contingency $303,230
Construction Management & Inspection $211,113.60
Project Management $25,000
Total Construction Costs $3,571,646.60
re to Council the requires costs City and construction total the Funding related -appropriate $1,581,646.60 of ARPA funds currently allocated to a Citywide Roadway Improvements project . This additional appropriation would bring the total construction budget to $3,571,646.60.
To date, the City has spent approximately $240,000 of local Measure A funds to complete the environmental studies, right -of-way certification, and design, as well as manage the project through federal procedures and Caltrans Local Assistance.
There is no general fund impact.
ALTERNATIVE(S):
1. Do not award the agreement to Granite Construction Company
2. Do not award the agreement to Willdan Engineering
3. Provide alternate direction to City Staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1 - Resolution
Attachment 2 - Construction Bid Summary
Attachment 3 - Construction Bids Received
Attachment 4 - CMI Proposals Received
Attachment 5 - CEQA recorded
Attachment 6 - CIP 5696 Construction Award Discussion
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CITY COUNCIL RESOLUTION NO. 2023-xxx
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, AWARDING
GRANITE CONSTRUCTION COMPANY A
CONSTRUCTION AGREEMENT IN THE AMOUNT OF
$3,032,303, AND WAIVING ANY MINOR BID
IRREGULARITIES, AND AUTHORIZING THE CITY
MANAGER TO APPROVE ADDITIONAL
CONSTRUCTION EXPENDITURES NOT TO EXCEED
10% OF THE CONTRACT AMOUNT OR $303,230,
AND AWARDING WILLDAN ENGINEERING A
CONSTRUCTION MANAGEMENT AND INSPECTION
AGREEMENT IN THE AMOUNT OF $211,113.60, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL CONTRACT DOCUMENTS, AND DIRECTING
THE FINANCE DIRECTOR TO RE-APPROPRIATE
$1,581,646.60 OF ARPA FUNDS FROM CIP 5743,
AND AUTHORIZING THE CITY CLERK TO RECORD
THE NOTICE OF COMPLETION UPON ACCEPTANCE
OF THE WORK BY THE CITY ENGINEER ALL FOR
THE HEMET VALLEY BIKEWAY PROJECT, CIP 5696,
FEDERAL AID PROJECT NO. ATPSB1L-5186(018).
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The Hemet Public Works Department is
responsible to operate, maintain, and upgrade the City’s circulation system for all modes of transportation; and
WHEREAS, In March of 2018, the City was awarded
$1,990,000 of federal Active Transportation Program funds through the Cycle 3 augmentation process for construction of the Hemet Valley Bikeway Project; and
17.B
CITY COUNCIL RESOLUTION NO. 2023-xxx
WHEREAS, On August 15, 2022 Caltrans authorized the
expenditure of $1,990,000 of federal funding for the construction and construction engineering of the project; and
WHEREAS, on October 3, 2022 a formal request for
proposals was issued for construction management and inspection services; and
WHEREAS, on November 2, 2022 the City Engineer
approved the final construction plans and specifications; and WHEREAS, on November 3, 2022 the City solicited bids
through PlanetBids, the City’s bid solicitation service provider; and WHEREAS, staff recommends the City Council award a
construction management and inspection agreement in the amount of $211,113.60 to Willdan Engineering; and
WHEREAS, staff recommends to waive any minor
irregularities within the Granite Construction Company Bid; and WHEREAS, staff recommends the City Council award a
construction agreement in the amount of $3,032,303 to Granite Construction Company; and
WHEREAS, staff recommends the City Council Authorize the City Manager to execute all contract documents; and
WHEREAS, staff recommends the City Council Direct the
Finance Director to re-appropriate $1,581,646.60 of ARPA funds from CIP 5743; and
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CITY COUNCIL RESOLUTION NO. 2023-xxx
WHEREAS, staff recommends the City Council authorize the Interim City Manager to approve additional expenditures not to exceed 10% of the contract amount or $303,230; and
WHEREAS, staff recommends the City Council authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS
FOLLOW:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Award a construction agreement in the amount of $3,032,303 to Granite Construction Company.
SECTION 3. Waive any minor irregularities within the Granite Construction Company Bid.
SECTION 4. Authorize the Interim City Manager to approve additional expenditures not to exceed 10% of the contract amount or $303,230.
SECTION 5. Award a construction management and
inspection agreement in the amount of $211,113.60 to Willdan Engineering.
SECTION 6. Authorize the City Manager to execute all
contract documents.
SECTION 7. Direct the Finance Director to re-appropriate $1,581,646.60 of ARPA funds from CIP 5743.
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CITY COUNCIL RESOLUTION NO. 2023-xxx
SECTION 8. Authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.
SECTION 9. This Resolution shall take effect upon its
adoption.
PASSED, APPROVED AND ADOPTED this 14 th day of February 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14 th day of February 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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City of Hemet
Bid Results for Project Hemet Valley Bikeway ‐ CIP 5696 Issued on 11/03/2022
Bid Due on December 06, 2022 3:00 PM (PST)
Exported on 12/06/2022
Line Totals (Unit Price * Quantity)
Item Num Description UOM QTY Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Mobilization (Not to Exceed 5% of Bid) LS 1 $140,000.0 0 $140,000.00 $150,000.00 $150,000.00 $53,000.00 $53,000.00 $172,000.00 $172,000.00 $145,000.00 $145,000.00 2 Traffic and Pedestrian Control LS 1 $150,000.0 0 $150,000.00 $227,170.00 $227,170.00 $82,000.00 $82,000.00 $427,000.00 $427,000.00 $275,000.00 $275,000.00 3 Clearing, Grubbing and Removals LS 1 $156,685.0 0 $156,685.00 $100,000.00 $100,000.00 $130,000.00 $130,000.00 $272,000.00 $272,000.00 $200,000.00 $200,000.00 4 Water Quality Control LS 1 $28,000.0 0 $28,000.00 $25,000.00 $25,000.00 $34,000.00 $34,000.00 $22,000.00 $22,000.00 $16,000.00 $16,000.00 5 Temporary Construction Project Identification Sign EA 6 $800.0 0 $4,800.00 $2,000.00 $12,000.00 $2,200.00 $13,200.00 $2,000.00 $12,000.00 $1,100.00 $6,600.00 6 Field Orders LS 1 $10,000.0 0 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 7 Tree Removal EA 5 $3,500.0 0 $17,500.00 $2,000.00 $10,000.00 $2,100.00 $10,500.00 $5,400.00 $27,000.00 $4,000.00 $20,000.00 8 Remove Ex. Retaining Wall LF 5 $1,000.0 0 $5,000.00 $300.00 $1,500.00 $1,100.00 $5,500.00 $500.00 $2,500.00 $211.00 $1,055.00 9 Remove Ex. Chain Link Fence LF 40 $10.00 $400.0 0 $60.00 $2,400.0 0 $195.00 $7,800.00 $100.00 $4,000.00 $99.00 $3,960.0 0 10 Remove Ex. Median Curb, Curb & Gutter LF 80 $10.00 $800.0 0 $45.00 $3,600.0 0 $36.00 $2,880.0 0 $50.00 $4,000.0 0 $105.00 $8,400.00 11 Remove Ex. Metal Posts EA 2 $400.0 0 $800.00 $100.00 $200.00 $1,000.00 $2,000.00 $500.00 $1,000.00 $3,000.00 $6,000.00 12 Remove and Replace Ex. Curb Outlet per City of Hemet Std. Plan No. D‐306 EA 1 $7,200.0 0 $7,200.00 $1,500.00 $1,500.00 $3,400.00 $3,400.00 $11,000.00 $11,000.00 $17,000.00 $17,000.00 13 Adjust Manhole to Finish Surface EA 6 $4,000.0 0 $24,000.00 $2,000.00 $12,000.00 $1,400.00 $8,400.00 $3,000.00 $18,000.00 $1,800.00 $10,800.00 14 Adjust Valve to Finish Surface EA 24 $2,200.0 0 $52,800.00 $500.00 $12,000.00 $136.00 $3,264.00 $600.00 $14,400.00 $890.00 $21,360.00 15 Adjust Pullbox to Finish Surface EA 10 $600.0 0 $6,000.00 $1,000.00 $10,000.00 $900.00 $9,000.00 $1,500.00 $15,000.00 $1,000.00 $10,000.00 16 Adjust Water Meter and Box to Finish Surface EA 5 $600.0 0 $3,000.00 $1,000.00 $5,000.00 $2,200.00 $11,000.00 $1,000.00 $5,000.00 $5,500.00 $27,500.00 17 Adjust/Relocate Mailbox to Finish Surface EA 2 $1,500.0 0 $3,000.00 $1,000.00 $2,000.00 $1,100.00 $2,200.00 $1,000.00 $2,000.00 $8,000.00 $16,000.00 18 Adjust Ex. Chain Link Fence and Gate to Finish Surface EA 2 $1,860.0 0 $3,720.00 $2,000.00 $4,000.00 $10,000.00 $20,000.00 $6,500.00 $13,000.00 $2,100.00 $4,200.00 19 Relocate Ex. Mailbox on New Post EA 1 $1,500.0 0 $1,500.00 $1,000.00 $1,000.00 $800.00 $800.00 $1,000.00 $1,000.00 $8,500.00 $8,500.00 20 Relocate Ex. Metal Pole EA 1 $800.0 0 $800.00 $500.00 $500.00 $1,300.00 $1,300.00 $5,000.00 $5,000.00 $3,600.00 $3,600.00 21 Remove Ex. Improvements and Construct 6" Curb and Gutter Per City of Hemet Std. Plan No. C‐200 LF 1100 $100.00 $110,000.00 $65.00 $71,500.00 $101.00 $111,100.00 $72.00 $79,200.00 $138.00 $151,800.00 22 Remove Ex. Improvements and Construct 6" Curb Only Per City of Hemet Std. Plan No. C‐203 LF 15 $97.00 $1,455.00 $60.00 $900.00 $266.00 $3,990.00 $69.00 $1,035.00 $442.00 $6,630.00 23 Remove Ex. Improvements and Construct Variable Height Curb Only Per City of Hemet Std. Plan No. C‐204 LF 100 $97.00 $9,700.00 $60.00 $6,000.00 $70.00 $7,000.00 $69.00 $6,900.00 $150.00 $15,000.00 24 Remove Ex. Improvements and Construct Variable height Curb and Gutter Per City of Hemet Std. Plan No. C‐200 LF 15 $100.00 $1,500.00 $65.00 $975.00 $172.00 $2,580.00 $123.00 $1,845.00 $440.00 $6,600.00 25 Curb Transition per City of Hemet Std. Plan No. C‐206 EA 2 $800.0 0 $1,600.00 $1,200.00 $2,400.00 $700.00 $1,400.00 $3,500.00 $7,000.00 $3,300.00 $6,600.00 26 Concrete Block Slough Wall Per SPPWS Std. Plan No. 622‐4 SF 70 $200.0 0 $14,000.00 $400.00 $28,000.00 $443.00 $31,010.00 $300.00 $21,000.00 $200.00 $14,000.00 27 Remove Ex. Improvements and Construct PCC Cross Gutter Per City of Hemet Std.
Plan No. C‐209 SF 9600 $25.00 $240,000.00 $37.00 $355,200.00 $33.00 $316,800.00 $30.00 $288,000.00 $37.00 $355,200.00 28 Remove Ex. Improvements and Construct PCC Sidewalk per City of Hemet Std. Plan No. C‐215 SF 13300 $20.00 $266,000.00 $13.00 $172,900.00 $16.40 $218,120.00 $13.00 $172,900.00 $29.00 $385,700.00 29 Remove Ex. Improvements and Construct PCC Drive Approach per City of Hemet Std. Plan No. C‐208 SF 1300 $21.00 $27,300.00 $19.00 $24,700.00 $123.00 $159,900.00 $27.00 $35,100.00 $46.00 $59,800.00 30 Remove Ex. Improvements and Construct Modified PCC Drive Approach per City of Hemet Std. Plan No. C‐208 SF 75 $22.00 $1,650.00 $19.00 $1,425.00 $70.00 $5,250.00 $27.00 $2,025.00 $85.00 $6,375.00 31 Remove Ex. Improvements and Construct 6" PCC Driveway Slab per City of Hemet Std. Plan No. C‐208 SF 170 $21.00 $3,570.00 $19.00 $3,230.00 $133.00 $22,610.00 $27.00 $4,590.00 $44.00 $7,480.00 32 Remove Ex. Improvements and Construct PCC Driveway per City of Hemet Std.
Plan No. C‐210A SF 1150 $25.00 $28,750.00 $36.00 $41,400.00 $125.00 $143,750.00 $27.00 $31,050.00 $48.00 $55,200.00 33 Remove Ex. Improvements and Construct PCC ADA Access Ramp (Standard, No Curb Extension "Bump Out"), Case as Specified on Plans EA 32 $5,000.00 $160,000.00 $7,000.00 $224,000.00 $10,700.00 $342,400.00 $10,000.00 $320,000.00 $17,500.00 $560,000.00 34 Remove Ex. Improvements and Construct PCC ADA Access Ramp (With Curb Extension "Bump Out"), Case as Specified on Plans EA 12 $19,000.00 $228,000.00 $18,000.00 $216,000.00 $16,600.00 $199,200.00 $13,000.00 $156,000.00 $16,000.00 $192,000.00 35 6' Chain Link Fence LF 400 $50.50 $20,200.0 0 $60.00 $24,000.0 0 $125.00 $50,000.00 $125.00 $50,000.00 $55.00 $22,000.0 0 36 Cold Mill Ex. AC Pavement 2" SF 16750 0 $0.40 $67,000.0 0 $0.30 $50,250.0 0 $0.40 $67,000.0 0 $0.45 $75,375.0 0 $0.50 $83,750.0 0 37 Remove Ex. AC Pavement, Base, and Subgrade to a Depth of 6" and Construction 6" Full Depth AC Pavement Slot Patch, Width as Specified on Plans SF 6000 $21.50 $129,000.00 $20.00 $120,000.00 $16.00 $96,000.00 $13.00 $78,000.00 $30.00 $180,000.00 38 Unclassified Excavation CY 500 $200.0 0 $100,000.00 $200.00 $100,000.00 $159.00 $79,500.00 $195.00 $97,500.00 $250.00 $125,000.00 39 Untreated Base TN 550 $80.00 $44,000.0 0 $85.00 $46,750.0 0 $35.00 $19,250.0 0 $96.00 $52,800.0 0 $69.00 $37,950.0 0 40 Hot Mix Asphalt TN 2900 $166.0 0 $481,400.00 $130.00 $377,000.00 $121.00 $350,900.00 $127.00 $368,300.00 $125.00 $362,500.00 41 Bike Repair and Comfort Station Per Detail Provided (Including all Equipment) EA 15 $15,000.00 $225,000.00 $37,000.00 $555,000.00 $37,750.00 $566,250.00 $18,000.00 $270,000.00 $57,000.00 $855,000.00 42 Bike Locker EA 5 $2,500.0 0 $12,500.00 $6,500.00 $32,500.00 $5,500.00 $27,500.00 $5,000.00 $25,000.00 $7,000.00 $35,000.00 43 Traffic Signal Loop Detector, Type as Specified on Plan EA 40 $450.0 0 $18,000.00 $400.00 $16,000.00 $400.00 $16,000.00 $400.00 $16,000.00 $500.00 $20,000.00 44 Signing and Striping LS 1 $225,673.0 0 $225,673.00 $225,000.00 $225,000.00 $240,000.00 $240,000.00 $337,480.00 $337,480.00 $265,000.00 $265,000.00 Subtotal $3,032,303.0 0 $3,285,000.00 $3,487,754.00 $3,535,000.00 $4,619,560.00 Total $3,032,303.0 0 $3,285,000.00 $3,487,754.00 $3,535,000.00 $4,619,560.00 Granite Construction Co Hardy & Harper, Inc Vance Corporation Onyx Paving Company, Inc. All American Asphalt
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400 East Rincon Street, Suite 202
Corona, CA 92879
909.484.4200
www.CL-Survey.com
1 December 5, 2022
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
Attention: Cody Gawryluk
RE: City of Hemet
Hemet Valley Bikeway CIP No. 5696
Bids 12/6/22
Task 1- Verify Horizontal and Vertical Control & Office Coordination $ 10,000.00 Task 2- Curb & Gutter $ 2,400.00
T a s k 3 - C r o s s G u t t e r $ 2,400.00 Task 4- ADA Access Ramps $ 9,600.00 Task 5- ADA Access Ramps (With Curb Extension “Bump Out”) $ 7,200.00 Task 6- Monument Preservation $ 21,000.00 Lump Sum Fee: $ 52,600.00
**Please also note that this pricing does not include Sawcut and Traffic Control.**
Additional services as requested by Client in addition to the services listed above will be billed on a Time and Materials basis per the attached Fee Schedule.
We look forward to the opportunity to work with your firm. We are a Certified MBE SBE DBE firm and are a signatory to the Operating Engineers, Local 12 Labor Agreement.
Thank you for your consideration of this proposal. If you have any questions or would like additional information, please contact us at (909) 484-4200.
CL SURVEYING AND MAPPING
Lam Le LS 8231, President
DBE: 38284
DIR: 1000007166 Exp. 06/30/25
17.B
8/16/22, 9:07 AM UCP Web Application - List
https://ucp.dot.ca.gov/querySubmit.htm 1/1
Query Criteria
Certification Types: DBE
Firm ID: 38284
Firm ID 38284
DBA Name CL SURVEYING AND MAPPING, INC.
Firm Name
Address Line1 1269 WEST POMONA ROAD
Address Line2 SUITE 108
City CORONA
State CA
Zip Code1 92882
Zip Code2
Mailing Address
Line1
Mailing Address
Line2
Mailing City
Mailing State
Mailing Zip Code1
Mailing Zip Code2
Certification Type DBE
EMail [email protected]
Contact Name DANIEL CALVILLO
Area Code 909
Phone Number 484-4200
Extension
Alt Area Code
Alt Phone Number
Extension
Fax Area Code 909
Fax Phone Number 839-4504
Agency Name CITY OF LOS ANGELES
Counties 10; 15; 19; 30; 33; 36; 37; 56;
Districts 06; 07; 08; 11; 12;
DBE NAICS 541370;
ACDBE NAICS
Work Codes C9826 LAND SURVEYING;
Licenses LS Land Surveyor;
Trucks
Gender M
Ethnicity ASIAN PACIFIC
Firm Type DBE
Skip to Main Content Back To Query Form (licenseForm.htm) Search Returned 1 Records
Tue Aug 16 09:07:44 PDT 2022
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7/22/22, 12:40 PM UCP Web Application - List
https://ucp.dot.ca.gov/querySubmit.htm 1/2
Query Criteria
Certification Types: DBE
Firm ID: 38327
Firm ID 38327
DBA Name LMS TRANSPORT
Firm Name AFS INVESTMENTS, LLC
Address Line1 2005 S. DATE
Address Line2
City BLOOMINGTON
State CA
Zip Code1 92316
Zip Code2
Mailing Address
Line1 2005 S. DATE
Mailing Address
Line2
Mailing City BLOOMINGTON
Mailing State CA
Mailing Zip
Code1 92316
Mailing Zip
Code2
Certification
Type DBE
EMail [email protected]; [email protected]
Contact Name ANTHONY STEEN
Area Code 951
Phone Number 616-3828
Extension
Alt Area Code
Alt Phone
Number
Extension
Fax Area Code 951
Fax Phone
Number 685-1862
Agency Name DEPARTMENT OF TRANSPORTATION
Counties 19; 30; 33; 36; 37; 42; 43; 56;
Districts 04; 05; 07; 08; 11; 12;
DBE NAICS 424720; 484110; 484220; 488310; 493110;
ACDBE NAICS
Skip to Main Content Back To Query Form (licenseForm.htm) Search Returned 1 Records
Fri Jul 22 12:40:00 PDT 2022
17.B
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8/16/22, 12:59 PM UCP Web Application - List
https://ucp.dot.ca.gov/querySubmit.htm 1/1
Query Criteria
Certification Types: DBE
Firm ID: 44976
Firm ID 44976
DBA Name DIRDY DEEDZ DUMPING
Firm Name T & D JETER
Address Line1 1067 W. 81ST PL.
Address Line2
City LOS ANGELES
State CA
Zip Code1 90044
Zip Code2
Mailing Address
Line1
Mailing Address
Line2
Mailing City
Mailing State
Mailing Zip Code1
Mailing Zip Code2
Certification Type DBE
EMail [email protected]
Contact Name TREVIS JETER
Area Code 323
Phone Number 833-0975
Extension
Alt Area Code 310
Alt Phone Number 916-8098
Extension
Fax Area Code
Fax Phone Number
Agency Name CITY OF LOS ANGELES
Counties 00;
Districts 00;
DBE NAICS 484220;
ACDBE NAICS
Work Codes C9604 SUPER 10 DUMP TRUCK;
Licenses
Trucks SUPERDUMP TRUCK - 1;
Gender M
Ethnicity BLACK
Firm Type DBE
Skip to Main Content Back To Query Form (licenseForm.htm) Search Returned 1 Records
Tue Aug 16 12:58:39 PDT 2022
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Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
Tel: (714) 444-1851
Fax: (714) 444-2801
Ad Proofs
Project Name: Hemet Valley Bikeway
Contract/Bid #: 5696
Awarding Agency: City of Hemet
17.B
Focus Journal Ad
Publication: DBE GoodFaith (DBEGoodFaith.com)
Published On: 11/28/2022 @ 08:34:00 AM Pacific
Expired On: 12/06/2022 @ 11:59:59 PM Pacific
Message Notifications Sent To: [email protected] Published At: https://dbegoodfaith.com/item.php?item_type=ads&ad_adid=55950 Get in Touch
Outreach Coordinator
Morgan Churnock
Telephone
(714) 444-1851 Ext. 121
Fax
(714) 444-2801
Address
32 Rancho Circle
Lake Forest, CA 92630
Send Message »
Project Name
Hemet Valley Bikeway
Bid/Contract #
5696
Awarding Agency
City of Hemet
Project Location
Hemet, Riverside County, CA
Bid Date
12/06/2022 at 03:00
Project Details
We are seeking quotes for the following items:
TRAFFIC CONTROL
TREE REMOVAL
UTILITY ADJUSTING
MINOR CONCRETE
COLD MILL
CHAIN LINK FENCE
TRAFFIC SIGNAL LOOP DETECTORS
SIGNING & STRIPING
TRUCKING
We are an equal opportunity employer.
The plans and specs are available for your review at our office or via email by sending a request to Morgan Churnock at
[email protected].
Bonds will not be required from qualified subcontractors.
Insurance will be required from all subcontractors.
Please reach out to us for questions, concerns, or assistance.
Hardy & Harper, Inc.
is seeking qualified DBEs
Page II Ad Proofs - Hemet Valley Bikeway...Page 162 of 676
17.B
Certification & Assistance
California DBE Program
San Francisco LBE Program
San Diego SLBE Program
Bay Area Rapid Transit MBE, WBE Program
Los Angeles County CBE Program
Alameda County SLEB Program
California Supplier Clearinghouse Diversity Program
Program
Oakland LBE/SLBE Program
Los Angeles County SLBE & DVBE Program
California SB-PW Program
California DVBE Program
Free DBE Resources
Procurement, Capital Access, &
Surety Bond Assistance
The U.S. Department of Transportation-
supported Southwest Region SBTRC helps
DBEs with Procurement, Capital Access, and
Surety Bond Assistance - and much more - at
no cost.
Learn more »
Page III Ad Proofs - Hemet Valley Bikeway...Page 163 of 676
17.B
Trade Journal Ad
Publication: DBE Journal (DBEJournal.com)
Published On: 11/28/2022 @ 08:34:00 AM Pacific
Expired On: 12/06/2022 @ 11:59:59 PM Pacific
Published At:
http://dbejournal.com/index.php?show_ad=55950&ad_project_name=Hemet+Valley+Bikeway&co_name=Hardy+%26+Harper%2C+ Inc.
Outreach Coordinator
Morgan Churnock
Contact Information
32 Rancho Circle
Lake Forest, CA 92630
Telephone
(714) 444-1851 Ext. 121
Fax
(714) 444-2801
Hardy & Harper, Inc.
is seeking qualified DBEs
Project Name
Hemet Valley Bikeway
Bid/Contract #
5696
Awarding Agency
City of Hemet
Project Location
Hemet, Riverside County, CA
Bid Date
12/06/2022 at 03:00
Project Details
We are seeking quotes for the following items:
TRAFFIC CONTROL
TREE REMOVAL
UTILITY ADJUSTING
MINOR CONCRETE
COLD MILL
CHAIN LINK FENCE
TRAFFIC SIGNAL LOOP DETECTORS
SIGNING & STRIPING
TRUCKING
We are an equal opportunity employer.
The plans and specs are available for your review at our office or via email by sending a request to Morgan Churnock at [email protected].
Bonds will not be required from qualified subcontractors.
Insurance will be required from all subcontractors.
Please reach out to us for questions, concerns, or assistance.
Page IV Ad Proofs - Hemet Valley Bikeway...Page 164 of 676
17.B
Tweet
Published On: 11/28/2022 @ 08:36:38 AM Pacific
Published At: https://twitter.com/dbegoodfaith/status/1597268239272271875 PLEASE NOTE - The image below is a representation of what your tweet may look like. The appearance of your tweet can vary depending on a variety of factors, including the type of device the tweet is displayed on and Twitter's internal settings. For a real- time copy of your tweet, please use the link provided above to view on Twitter.com & print the screen from your browser. You do not need a Twitter account to view or print this tweet.
Hardy & Harper, Inc. is seeking DBEs in
Hemet -
dbegoodfaith.com/item.php?item_...
08:36 AM - Nov 28, 2022
Page V Ad Proofs - Hemet Valley Bikeway...Page V Ad Proofs - Hemet Valley Bikeway...Page 165 of 676
17.B
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
Tel: (714) 444-1851
Fax: (714) 444-2801
Email & Fax
Solicitation Log
Project Name: Hemet Valley Bikeway
Contract/Bid #: 5696
Awarding Agency: City of Hemet
Log Details
• All emails and faxes were sent and tracked through DBEGoodFaith.com's automated solicitation and logging system. • The solicitation system makes up to 5 attempts to successfully delivery a fax as long as a human does not answer the call. If a human answers the call, only 1 attempt is made.
• The solicitation system attempts to successfully deliver emails until the response from the recipient's email server requests that no other attempts be made.
17.B
Company Fax Send Date
& Delivery Status
Email Send Date
& Delivery Status
3P Construction, Inc.
28782 Goetz Rd
Menifee, CA 92587
Tel: 9095699197
Fax: None Listed
[email protected]
Cert: DBE
n/a 11/28/2022
10:30 am PST
Delivered
ALBERT WILSON & ASSOCIATES
17409 VALLEY BLVD. UNIT 80
FONTANA, CA 92316
Tel: 9093460848
Fax: 9093460844
[email protected]
Cert: DBE
11/28/2022
10:34 am PST
Failed
11/28/2022
10:30 am PST
Delivered
BLANCO CONSTRUCTION
19320 DALLAS AVENUE
RIVERSIDE, CA 92508
Tel: 9512506692
Fax: 9516022050
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
CAT TRACKING INC.
17 COMMERCIAL AVE
RIVERSIDE, CA 92509
Tel: 7146821494
Fax: 7146821491
[email protected]
Cert: DBE
11/28/2022
10:41 am PST
Failed
11/28/2022
10:30 am PST
Opened
CONTERA CONSTRUCTION CORP.
28545 OLD TOWN FRONT ST., SUITE 201
TEMECULA, CA 92590
Tel: 9516952800
Fax: 9516952801
[email protected]
Cert: DBE
11/28/2022
10:29 am PST
Successful
11/28/2022
10:30 am PST
Opened
Page II Solicitation Log - Hemet Valley Bikeway...Page II Solicitation Log - Hemet Valley Bikeway...
17.B
COOPER ENGINEERING INC
114 BUSINESS CENTER DRIVE
CORONA, CA 92880
Tel: 9517366135
Fax: 9517360429
[email protected]
Cert: DBE
11/28/2022
10:43 am PST
Failed
11/28/2022
10:30 am PST
Bounced
DAVID'S TREE SERVICE
19051 GOTHARD ST.
HUNTINGTON BEACH, CA 92648
Tel: 7148426345
Fax: 7148420135
[email protected]
Cert: DBE
11/28/2022
10:29 am PST
Successful
11/28/2022
10:30 am PST
Opened
DEFENCE COMPANY
14528 LOS ANGELES STREET
BALDWIN PARK, CA 91706
Tel: 6263382288
Fax: 6264709723
[email protected]
Cert: DBE
11/28/2022
10:41 am PST
Failed
11/28/2022
10:30 am PST
Delivered
Excel Concrete construction inc.
28441 RANCHO CALIFORNIA RD STE 206
TEMECULA, CA 92590
Tel: 7605789841
Fax: 9516673395
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
EZ LINE STRIPING CORP.
7379 ORANGETHORPE AVENUE, SUITE E.
BUENA PARK, CA 90621
Tel: 7149941701
Fax: 7149941702
[email protected]
Cert: DBE
11/28/2022
10:29 am PST
Successful
11/28/2022
10:30 am PST
Delivered
Page III Solicitation Log - Hemet Valley Bikeway...
17.B
FFKM ENGINEERING CONSTRUCTION, INC.
28462 CAMINO DEL ARTE DR
VALENCIA, CA 91354
Tel: 6263454225
Fax: 6615540114
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
FULL TRAFFIC MAINTENANCE, INC.
217 LEWIS COURT
CORONA, CA 92882
Tel: 9515209990
Fax: 9515209980
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
G & G ELECTRIC INC
1525 QUADRILLE COURT
RIVERSIDE, CA 92503
Tel: 9517768099
Fax: 9517668256
[email protected]
Cert: DBE
11/28/2022
10:44 am PST
Failed
11/28/2022
10:30 am PST
Delivered
GLOBAL ROAD SEALING, INC
10832 DOROTHY AVE
GARDEN GROVE, CA 92843
Tel: 7148930845
Fax: 7148930945
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
HIGH LIGHT ELECTRIC, INC.
1460 COOLEY DRIVE
COLTON, CA 92324
Tel: 9513529646
Fax: 9513522498
[email protected]
Cert: DBE
11/28/2022
10:29 am PST
Successful
11/28/2022
10:30 am PST
Delivered
Page IV Solicitation Log - Hemet Valley Bikeway...
17.B
IBARRA GENERAL ENGINEERING INC
4325 TYROLITE STREET
RIVERSIDE, CA 92509
Tel: 9093428447
Fax: 9513322670
[email protected]
Cert: DBE
11/28/2022
10:29 am PST
Successful
11/28/2022
10:30 am PST
Opened
IN-LINE FENCE & RAILING CO., INC
1307 WALNUT STREET
RAMONA, CA 92065
Tel: 7607890282
Fax: 7607890689
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Bounced
JPL Transport, Inc.
6732 Mission Grove Parkway
Riverside, CA 92506
Tel: 9517768040
Fax: None Listed
[email protected]
Cert: DBE
n/a 11/28/2022
10:30 am PST
Delivered
L & L TRUCKING
12030 CASA LINDA PLACE
MORENO VALLEY, CA 92555
Tel: 9512331237
Fax: 8004514393
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
MEX ELECTRIC
10989 KAY JAY STREET
RIVERSIDE, CA 92503
Tel: 9514272838
Fax: None Listed
[email protected]
Cert: DBE
n/a 11/28/2022
10:30 am PST
Delivered
Page V Solicitation Log - Hemet Valley Bikeway...
17.B
PAYCO SPECIALTIES, INCORPORATED
120 NORTH SECOND AVE.
CHULA VISTA, CA 91910
Tel: 6194229204
Fax: 6194271620
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Opened
QUALITY TRAFFIC CONTROL
13940 ROSE AVENUE
FONTANA, CA 92337
Tel: 9092765582
Fax: 8888399857
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
R. DUGAN CONSTRUCTION, INC.
6157 MARLATT STREET
MIRA LOMA, CA 91752
Tel: 9513607531
Fax: 9513607561
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
S.C. YAMAMOTO, INC.
2031 EMERY AVENUE
LA HABRA, CA 90631
Tel: 7149925783
Fax: 5626901540
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Opened
SAFEGUARD FENCE
1930 WEST HOLT AVE
POMONA, CA 91768
Tel: 9496787331
Fax: None Listed
[email protected]
Cert: DBE
n/a 11/28/2022
10:30 am PST
Delivered
Page VI Solicitation Log - Hemet Valley Bikeway...
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SERVITEK SOLUTIONS, INC.
618 BREA CANYON ROAD, SUITE J
CITY OF INDUSTRY, CA 91789
Tel: 6262271650
Fax: 6264781300
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
SO CAL TRANSPORTATION
17210 EL MINERAL ROAD
LAKE MATHEWS, CA 92570
Tel: 3107381830
Fax: 9514434727
[email protected]
Cert: DBE
11/28/2022
10:29 am PST
Successful
11/28/2022
10:30 am PST
Delivered
TRAFFIC LOOPS CRACKFILLING, INC
1915 W BALL RD.
ANAHEIM, CA 92804
Tel: 7145204026
Fax: 7145204027
[email protected]
Cert: DBE
11/28/2022
10:44 am PST
Failed
11/28/2022
10:30 am PST
Opened
TREESMITH ENTERPRISES, INC
1551 N. MILLER ST
ANAHEIM, CA 92806
Tel: 7149966037
Fax: 7149966057
[email protected]
Cert: DBE
11/28/2022
10:29 am PST
Successful
11/28/2022
10:30 am PST
Opened
V A P CONSTRUCTION INC.
15705 BIRCHWOOD ST
LA MIRADA, CA 90638
Tel: 7142533270
Fax: 7145519420
[email protected]
Cert: DBE
11/28/2022
10:28 am PST
Successful
11/28/2022
10:30 am PST
Delivered
Page VII Solicitation Log - Hemet Valley Bikeway...
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535 Encinitas Blvd. Suite 114
Encinitas, CA 92024
T : 760-230-8009
F : 760-230-8010
www.cpm-partners.com
10/24/2022
Noah Rau, PE
Public Works Director/City Engineer
City of Hemet, Engineering Department
445 E. Florida Avenue
Hemet, CA 95243
Re: Construction Management and Inspection Services for the Hemet Valley Bikeway Project CIP 5696, Federal Project No. 5186(018)
Mr. Rau:
CPM Partners is transmitting herein our Proposal in response to the above referenced proposal request. CPM Partners acknowledges Addendums 1, 2, 3, dated 10/4/2022, 10/5/2022, and 10/17/2022, respectively. Please find our proposal, certifications, forms and acknowledgments uploaded to PlanetBids.
The primary contact for this proposal is Alex Janecek, Vice President, (310) 989-3104, [email protected].
Our company address and phone number can be found in our letterhead. The terms of our proposal shall remain in effect for ninety (90) days following the submittal date.
CPM Partners employs less than 50 staff and does not have a comprehensive affirmative action plan. CPM Partners takes pride, however, in the diversity of its staff and being an equal opportunity employer.
Our firm has performed a conflict of interest check and has determined that none exist. We take no exceptions and have no additions to the standard agreement. Additionally, we do not hold controlling or financial interests in any other organization, nor are we owned or controlled by any other person or organization.
CPM Partners is a full-service Construction and Project Management DBE firm operating in Southern California since 2007, providing professional services for projects just like this. We are confident that through this proposal package, we have demonstrated our team’s capabilities and passion to earn your business. Please feel free to contact me at your convenience should you or the evaluation committee require any clarifications of our proposal.
Sincerely,
___________________________________ __________________________________ Alex Janecek, PE Maribel Janecek, QSD
Vice President, Project/Construction Manager President, Task Order Manager 24/7 mobile (310) 989-3104 24/7 mobile (562) 365-4969
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Technical Proposal
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Construction Management and Inspection Services
for the
Hemet Valley Bikeway Project
CIP 5696 – Federal Project No. 5186(018)
October 24, 2022
Proposal Prepared By
CPM Partners, Inc.
535 Encinitas Blvd. Suite 114
Encinitas, CA 92024
P: (760) 230-8009
E: [email protected]
Proposal Contact:
Alex Janecek
P: (760) 230-8009
M: (310) 989-3104
E: [email protected]
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Proposal ATPSB1L-5441(076)
Table of Contents
Firm Profile...........................................................................................................................................................2 Firm Overview ..............................................................................................................................................2 CPM Partners Firm Org Chart .......................................................................................................................3 Agency and Project Understanding .....................................................................................................................4 Proposed Project Team........................................................................................................................................5 Qualifications of Project Team .....................................................................................................................5 Construction Manager..................................................................................................................................5 Inspector.......................................................................................................................................................6 Materials Testing Support & QA ...................................................................................................................7 Quality Management....................................................................................................................................7 Project Team Org Chart, Experience & Availability ......................................................................................8 Project Approach .................................................................................................................................................9 Work Plan .....................................................................................................................................................9 Agency & Project Experience.............................................................................................................................13 County of San Diego ...................................................................................................................................14 SANDAG ......................................................................................................................................................15 SANDAG ......................................................................................................................................................16 Port of Long Beach......................................................................................................................................17 References..........................................................................................................................................................18 Additions or Exceptions to the City's RFP .........................................................................................................18
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Proposal ATPSB1L-5441(076)
Firm Profile
Firm Overview
CPM Partners is a California based Minority-Woman owned DBE firm committed to excellence. We specialize in Construction Management, Inspection, Claims Avoidance and Dispute Resolution primarily for “horizontal” projects, including transit, bikeway, roadway, and utility projects. We have been doing business with public agencies in southern California for 15 years and have worked on many projects with agencies similar to the City of Hemet in the past. We are financially stable with no history of litigation or claims against us or contract terminations. We take a proactive approach in successfully delivering projects and are passionate about what we do and how we do it. CPM’s team approach combines experience and industry knowledge with an emphasis on real- time problem solving while maintaining project deliverables and minimizing project overruns. We are looking to develop our relationship with the City of Hemet to build a long-lasting business relationship, where our firm can support the City for many years to come.
Our first job is to listen and understand our client’s needs and goals.
We embrace honest and open communication as it facilitates understanding which allows us to collectively determine the precise assistance and resources needed to achieve our client’s goals. The successful implementation and completion of any assignment requires the efforts of a variety of professionals. Each of CPM Partners’ highly dedicated construction professionals understands the complexities of construction projects and are committed to applying their knowledge of industry best practices and lessons learned to ensure the success of your project. We only promise what we can deliver.
Our combined knowledge and experience coupled with our systematic approach allows our team to provide innovative solutions to our clients. We are consistently providing exceptional project and construction management, quality assurance inspection, contract administration, and claims assistance services that meet or exceed our client’s expectations and are responsive to schedule and budgetary constraints. With our unparalleled level of service, commitment to our core values, and ability to collaborate and integrate effectively into your project team, we are the solution to project success for the Hemet Valley Bikeway project.
Services
Construction Project Management (PM/CM)
Program Management Support
CPM Scheduling
Dispute Resolution | Claims
Inspection | QA/QC
Document Control
SWPPP/WPCP Preparation & Implementation
Constructability Review
Value Engineering
Cost Management
Project & Cost Management
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Proposal ATPSB1L-5441(076)
CPM Partners Firm Org Chart
Note: This ORG chart is CPM Partners’ staff, this is not the proposed project team.
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Proposal ATPSB1L-5441(076)
Agency and Project Understanding
The City of Hemet is located in the San Jacinto Valley in the County of Riverside. The City was founded in 1887 and incorporated on January 20, 1910. The City has a population of 90,436 residences residing in a
27.847 square mile area. The City provides services in the areas of law enforcement, fire, community development, public works, general administration, economic development, and finance. Various special districts within Hemet provide such services as water, schools, and parks and recreation. The City Council priorities include: improving the infrastructure, with emphasis on neighborhood revitalization; maintain long-term financial stability; improve the city’s technology; enhance public safety; enhance community involvement and engagement.
This flagship project for the Bike Hemet improvement program constructs bicycle improvements along a four-mile route that extends from the northern City limit to a new transportation mobility station located along the NMTP Salt Creek Corridor. This critical link closes a bikeway gap, providing needed connections to activity centers within the City.
Project elements include Class II and III facilities, bicycle detection, bike boxes, bike lockers, and bike repair stations. A transportation mobility station provides bicycle staging areas and linkages to regional trails.
Other proposed improvements include pavement rehabilitation, street widening, improved signage, lane striping, curb, gutter, sidewalk, and ADA ramps. Missing sidewalks, faded striping, inadequate signage, and an overall lack of amenities currently discourage active transportation as a mobility option.
The project has an estimated value of $2.3M, and an estimated construction duration of 90 working days and is subject to prevailing wages. The project and consultant services are being funded with ATP (Federal) funds, something CPM Partners and the proposed RE is very familiar with.
Approximate
Project Location