MAYOR AND CITY COUNCIL:
Joe Males
Mayor (District 4)
Malcolm Lilienthal
Mayor Pro Tem (District 3)
Jaculin "Jackie" Peterson
Council Member (District 2)
Linda Krupa
Council Member (District 5)
Mark Prestwich
City Manager
Steven Graham
City Attorney
John P. Maier
City Clerk
CITY COUNCIL AGENDA
CITY OF HEMET, CALIFORNIA
Tuesday, April 25, 2023
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
REGULAR MEETING AT 7:00 P.M.
In accordance with the Governor’s Declarations of Emergency for the State of California (Executive Orders N-25-20 and N-29-20) and the Governor’s Stay at Home Order (Executive Order N-33-20), the City of Hemet is providing alternative measures for the public to attend/view City Council Meetings.
Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.
Live Stream: This meeting will be live streamed on the City's website at hemetca.gov/agenda.
Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.
Teleconference: Residents may also submit public comments by teleconference during Communications from the Public by using the following Zoom link:
https://us02web.zoom.us/j/83343717312
Webinar ID: 851 8045 0593
Passcode: 745765
Telephone: Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 253 215 8782
We appreciate your understanding during this unprecedented time of social distancing under the Safer at Home orders. These procedures may be modified in the future as social and public gathering protocols change. Thank you.
Notice Regarding Americans with Disability Act
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting or if you need agenda documents provide in an alternate format, please contact the City Cl erk’s Office at (951) 765-2307 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102 -35.104 ADA Title II)
Page
REGULAR MEETING - 7:00 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION
4. PLEDGE OF ALLEGIANCE
5. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet • Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker. • There is a 3-minute-per-person time limit for all general public comments on non-public hearing items. • All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
• Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
• You may also fill out a form and submit your comments online at www.hemetca.gov. Submittal must be done before 2:00 p.m. the day of the meeting.
• Please state your name and item you are commenting on before speaking.
5.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items
5.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter
6. PRESENTATIONS
6.A Arbor Day Proclamation
Arbor Day - Proclamation
9 6.B National Library Workers Day Proclamation
National Library Workers Day - Proclamation
11 7. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.
7.A Approval of the Regular City Council Meeting Minutes of April 11, 2023 Staff Report #23-131 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Approve the Regular City Council Meeting Minutes of April 11, 2023. 13 - 19
7.B A Resolution of the City Council of the City of Hemet, California, Approving the Application for the Land and Water Conservation Fund (LWCF) Grant for the City of Hemet Sports Lighting and Shade Project Staff Report #23-065 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Application for the Land and Water Conservation Fund (LWCF) Grant for City of Hemet Sports Lighting and Shade Project. 21 - 27
7.C A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the Agreement for Occupational Health Centers of California for Occupational Health Services, not to exceed $100,000 per Fiscal Year
Staff Report #23-120 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Approve a Resolution of the City Council of the City of Hemet, California, approving an amendment to the agreement for Occupational Health Centers of California for occupational health services, not to exceed $100,000 per fiscal year.
29 - 40
7.D A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the First Amendment to the Agreement for Services between the City of Hemet and M. Pino & Associates, Inc., for a Contract Amount not to Exceed a Total of $70,000 per Fiscal Year
Staff Report #23-122 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the First Amendment to the Agreement for Services between the City of Hemet and M. Pino & Associates, Inc., for a Contract Amount not to Exceed a Total of $70,000 per Fiscal Year.
41 - 69
7.E A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include New and Revised Positions for Fiscal Year 2023/24 Staff Report #23-119 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include new and revised positions for Fiscal Year (FY) 2023/24. 71 - 97
7.F A Resolution of the City Council of the City of Hemet, California, Approving the use of American Medical Response (AMR) Penalty Fees Needed to Pay for Agreement of Services between the City of Hemet and Greenleaf Consulting Group, Inc. in the amount of $35 ,000 and Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $35,000
Staff Report #23-107 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the use of American Medical Response (AMR) Penalty Fees Needed to Pay for Agreement of Services between the City of Hemet and Greenleaf Consulting Group, Inc. in the amount of $35,000 and Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $35,000.
99 - 131
8. DISCUSSION - ACTION ITEMS
8.A A Resolution of the City Council of the City of Hemet, California, Authorizing the Interim Finance Director to Establish a Supplemental Appropriation in Fund 270 in the Amount of $823,700, including a 10% Contingency, for Repairs to the Exterior and Interi or of the James Simpson Memorial Center
Staff Report #23-106 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Interim Finance Director to Establish a Supplemental Appropriation in Fund 270 in the Amount of $823,700, including a 10% Contingency, for Repairs to the Exterior and Interior of the James Simpson Memorial Center.
133 - 179
8.B Consideration of a Resolution Supporting the Riverside County Transportation Commission (RCTC) Prioritizing TV2CV (State Route 79 Realignment) Application for Federal and Local Match Funding Staff Report #23-129 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Approve Resolution Supporting Riverside County Transportation Commission (RCTC) Prioritizing TV2CV (State Route 79 Realignment) Application for Federal and Local Match Funding.
181 - 189
8.C Consideration of Allocations for 2023 -24 Program Year Community Development Block Grant
Staff Report #23-072 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Review and discuss the City Council Ad Hoc Committee's recommended allocations of $827,276 in Fiscal Year 2023-24 Community Development Block Grant (CDBG) funding and unallocated funding from Fiscal Year 2019-20 in the amount of $298,844.64.
191 - 202
8.D A Resolution of the City Council of the City of Hemet, California, Authorizing the Interim Finance Director to Correct a Previous Appropriation from the Measure 'A' Fund for the Hemet Valley Bikeway Project (CIP 5696) by Reducing the Measure 'A' Approp riation by $2,288,000 Such That Only the $150,000 Matching Portion of the Grant is Appropriated from the Measure 'A' Fund and Establish Appropriations in a New Fund for the Active Transportation Program (ATP) Grant in the Amount of $1,990,000
Staff Report #23-121 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Interim Finance Director to Correct a Previous Appropriation from the Measure 'A' Fund for the Hemet Va lley Bikeway Project (CIP 5696) by Reducing the Measure 'A' Appropriation by $2,288,000 Such That Only the $150,000 Matching Portion of the Grant is Appropriated from the Measure 'A' Fund and Establish Appropriations in a New Fund for the Active Transporta tion Program (ATP) Grant in the Amount of $1,990,000.
203 - 244
8.E An Ordinance of the City Council of the City of Hemet, California, Amending Section 2-164 Related to Alternate Members When Necessary for a Quorum
Staff Report #23-130 - Pdf
245 - 249
Recommendation:
It is respectfully recommended that the City Council:
Waive full reading and introduce by title only an Ordinance of the City Council of the City of Hemet, California, Amending Section 2-164 Related to Alternate Members When Necessary for a Quorum.
9. CITY COUNCIL AND STAFF REPORTS
COUNCIL MEMBER KRUPA
1. Hemet Housing Authority
2. Investment Oversight Committee
3. Hemet Public Library Board of Trustees
4. Riverside County Airport Land Use Commission *
5. League of California Cities
6. Riverside County Transportation Commission *
7. Riverside Transit Agency
8. Western Riverside County Conservation Authority *
9. Hemet San Jacinto Water Master Board *
10. Planning Commission
COUNCIL MEMBER PETERSON
1. Infrastructure Commission
2. League of California Cities
3. Riverside County Habitat Conservation Agency
4. Western San Jacinto Water Master Board *
5. Ramona Bowl Board of Directors
6. Western Riverside Council of Governments *
7. CAJPIA Board
MAYOR PRO TEM LILIENTHAL
1. Hemet Housing Authority
2. Skate Park Committee
3. Community Action Commission of Riverside County
4. League of California Cities
5. Riverside County Transportation Commission *
6. Riverside Transit Agency *
7. Western Riverside Council of Governments *
MAYOR MALES
1. Skate Park Committee
2. League of California Cities
3. Western Riverside Council of Governments *
4. Western Community Energy
5. Planning Commission
AD-HOC COMMITTEE REPORTS
1. Council Protocols Ad-Hoc Committee (Peterson/Krupa)
2. Vision and Mission Ad-Hoc Committee (Lilienthal)
3. Clean up/Graffiti Ad-Hoc Committee (Lilienthal/Males)
4. Homeless Outreach Ad-Hoc Committee (Lilienthal)
5. Business Outreach Ad-Hoc Committee (Males/Lilienthal)
6. Cal Trans Liaison Ad-Hoc Committee (Peterson/Krupa)
7. CDBG Ad-Hoc Committee (Lilienthal/Males)
8. Banner Program Ad-Hoc Committee (Krupa/Males)
9. Veteran Memorial Ad-Hoc Committee (Males/Peterson)
CITY MANAGER PRESTWICH
10. FUTURE AGENDA ITEMS
If Members of Council have items for consideration at a future City Council meeting, please state the agenda item to provide direction to the City Manager.
1. Broadcasting of City Council Meetings
2. Animal Control Regulations for Businesses
3. Solar Feasibility
4. Traffic Study for the Intersection of Warren Road/Devonshire Avenue
5. American Rescue Plan Act Funding Assessment for Security Services
11. ADJOURNMENT
AFFIDAVIT OF POSTING
I, John Paul Maier, MMC, City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Council Chamber located at 450 E. Latham Ave., Hemet, CA, and the City Website.
Date & Time: April 19, 2023, at 6:45 p.m.
Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 7:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are avail able for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave. typically by 4:00 p.m. on the Thursday prior to the meeting, but n o later than 72 hours prior to the meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.
Use of Equipment: Please contact the City Clerk’s Office if requesti ng to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307
Joe Males, Mayor
Malcolm Lilienthal, Mayor ProTem
Jackie Peterson, CouncilMember
Linda Krupa, Council Member
WHEREAS, The City of Hemet celebrates the trees that clean our air, beautify our landscapes, andsustain the earth for future residents. In commemorating Arbor Day, we recognized that "eachgeneration takes the earth as trustees"; and WHEREAS, Arbor Day was first observed in 1872 with the planting of more than one million treesin the State of Nebraska. This observation encourages us to beautify our communities by hostinglitter-collecting and tree-planting events; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heatingand cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, andprovide habitat for wildlife; and WHEREAS, trees are renewable resources giving us paper, wood for our homes, fuel for our fires,and countless other wood products, and WHEREAS, trees in our city increase property values, enhances the economic vitality of businessareas and beautify our community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW, THEREFORE, I, Joe Males, Mayor of the City of Hemet, along with the Hemet City Council,hereby proclaim April 28, 2023, as:
ARBOR DAY
I urge all citizens to celebrate and support the efforts to protect our trees and woodlands and toplant trees to gladden the hearts and promote the well-being of this and future generations. .
City of HemetCalifornia
Proclamation
Arbor Day
PRESENTED APRIL 25, 2023
6.A
WHEREAS, libraries equal strong communities and provide millions of people with theknowledge and information they need to live, learn and work in the 21st century; WHEREAS, libraries provide invaluable service to library users regardless of age, ethnicity, orsocioeconomic background; WHEREAS, libraries represent a microcosm of the larger society, and library workers play anessential and unique role in the communities that they serve by providing an inclusiveenvironment where all the treated with respect and dignity; WHEREAS, libraries and librarians are looking beyond their traditional roles and providing moreopportunities for community engagement and delivering new services that connect closely withpatrons' needs; WHEREAS, librarians and library support staff bring the nation a world of knowledge in personand online, as well as personal service and expert assistance in finding what is needed when it isneeded; WHEREAS, it is important to recognize the unique contributions of all library workers and thevalue to individuals and society of those contributions; NOW, THEREFORE, I, Joe Males, Mayor of the City of Hemet, along with the Hemet City Council,hereby proclaim April 25, 2023, as:
NATIONAL LIBRARY WORKERS DAY
And encourage all in this community to take advantage of the variety of library resourcesavailable and to thank library workers for their exceptional contributions to the citizens of Hemetlife. .
City of HemetCalifornia
Proclamation
National Library Workers Day
PRESENTED APRIL 25, 2023
Joe Males, Mayor
Malcolm Lilienthal, Mayor ProTem
Jackie Peterson, CouncilMember
Linda Krupa, Council Member
6.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 25 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Approval of the Regular City Council Meeting Minutes of April 11, 2023
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve the Regular City Council Meeting Minutes of April 11, 2023.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
ATTACHMENT(S):
City Council Meeting - Apr 11 2023 - Minutes
7.A
MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, April 11, 2023
WORK STUDY SESSION - 5:30 P.M.
1. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Work Study Session at 5:31 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.
2. ROLL CALL
Deputy City Clerk Yoshida provided the Roll Call as follows:
Present: Mayor Males
Council Member Peterson
Council Member Krupa
Absent: Mayor Pro Tem Lilienthal
Council Member Meyer
Staff
Present:
City Manager Prestwich
City Attorney Graham
Deputy City Clerk Yoshida
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER PETERSON, CARRIED 3-0, (MAYOR PRO TEM LILIENTHAL AND COUNCIL MEMBER MEYER ABSENT) to excuse the absences of Mayor Pro Tem Lilienthal and Council Member Meyer.
3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Males asked for Public Comments; Julie Paule spoke.
Mayor Pro Tem Lilienthal arrived at the Dias at 5:41 p.m.
4. WORK STUDY ITEM
7.A
City Council Meeting
April 11, 2023
4.A Mobile Home Rent Review Commission Appointments
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER PETERSON, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to appoint Rodney Setterstrom, Jerrianne Franklin, Aaron Doll, Joanne Dieleman, and Terry Larned to the Mobile Home Rent Review Commission; and, to direct the City Attorney to draft an Ordinance addressing alternate appointments for commission members.
Mayor Males adjourned the Work Study Session at 6:23 p.m.
REGULAR MEETING - 7:00 P.M.
5. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:05 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.
6. ROLL CALL
Deputy City Clerk Yoshida provided the Roll Call as follows:
Present: Mayor Males
Mayor Pro Tem Lilienthal
Council Member Peterson
Council Member Krupa
Absent: Council Member Meyer
Staff
Present:
City Manager Prestwich
City Attorney Graham
Deputy City Clerk Yoshida
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to excuse the absence of Council Member Meyer.
7. INVOCATION
Invocation was given by Kristian Ticas with All Good Things Ministry.
8. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Peterson.
9. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for General Public Comments, the following citizens spoke: Barbara Nikas, Michael Bailey (Donated Time), and Mallory Cremin (Zoom Teleconference).
7.A
City Council Meeting
April 11, 2023
Public comment on Item 13.C was taken during the discussion of the Item. The following citizens spoke: Jim Lineberger, Terry Larned (Donated Time), Andrew Allen (Donated Time), Joanne Dieleman (Donated Time), Mike Wofford (Donated Time), Theresa Bader, Misty Mejia, Dick Clark, Rebekah Bremsha. Lousie Johnson (Donated Time), Brenda Scott, Eva Arambula, Heidi Gomez, Betty A. Day, Kristian Ticas, Melissa Vasquez, Rob Davis, April Jones, Ahnessa Smith, Stephanie Rankin, Bruce Wallis, Suzanna Juarez-Willamson, Maria Martha, Jasmin Rubio, Dottie McFarlen, Eve Markovich (Donated Time), Carol Brason, Beatriz Reyes, Espie Villa, Kelle Balon, Betty Morris, Felicia Young, Jean Draganza, Louis Vasquez Jr, Andrea (Zoom Teleconference), Paul Baum (Zoom Teleconference), and Brandie Ridley (Zoom Teleconference).
9.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items
9.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter
10. PRESENTATIONS
10.A Autism Awareness Month Proclamation
Mayor Pro Tem Lilienthal presented the proclamation to Michelle Harris with Hand N Hand Step by Step for Autism and Jessica with Towards Maximum Independence.
10.B Earth Day Proclamation
Council Member Peterson presented the proclamation to Ginger Mendoza of the Green Coalition of San Jacinto.
11. RECEIVE AND FILE
11.A Receive and File the City of Hemet Warrant Registers Dated March 09, 2023, in the amount of $2,789,242.37 and the Payroll Period of February 20, 2023 - March 05, 2023, in the amount of $836,174.50
Action:
By consensus, the City Council received and filed the City of Hemet Warrant Registers.
12. CONSENT CALENDAR
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to approve the Consent Calendar.
12.A Approval of the Regular City Council Meeting Minutes of March 28, 2023 Action:
7.A
City Council Meeting
April 11, 2023
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to approve the Regular City Council Meeting Minutes of March 28, 2023.
12.B Second Reading and Adoption of Ordinance 2010, an Ordinance of the City Council of the City of Hemet, California, Amending Section 2-44 of the Hemet Municipal Code Related to City Councilmember Residency Requirements Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to waive further reading and adopt Ordinance 2010, an Ordinance of the City of Hemet, California, Amending Section 2-44 of the Hemet Municipal Code Related to City Councilmember Residency Requirements.
12.C A Resolution of the City Council of the City of Hemet, California, Accepting the 2021-22 State Citizens’ Option for Public Safety (COPS) and Juvenile Justice Crime Prevention Act (JJCPA) Enhancing Law Enforcement Activities Subaccount and Growth Special Account Allocation in the Amount of $214,008.06 and Authorizing the Finance Department to Establish an Expenditure Account and Budget for the Grant Activity Period Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to adopt Resolution 2023-056, a Resolution of the City Council of the City of Hemet, California, Accepting the 2021-22 State Citizens’ Option for Public Safety (COPS) and Juvenile Justice Crime Prevention Act (JJCPA) Enhancing Law Enforcement Activities Subaccount and Growth Special Account Allocation in the Amount of $214,008.06 and Authorizing the Finance Department to Establish an Expenditure Account and Budget for the Grant Activity Period.
12.D A Resolution of the City Council of the City of Hemet, California, Approving the Service Agreement with the Institute of Ecological Civilization (EcoCiv) for Technical Assistance on the California Violence Intervention and Prevention Funds from the Board of State and Community Corrections in the Amount Not to Exceed $254,800.00 and Authorize the City Manager to Execute All Documents
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to adopt Resolution 2023-057, a Resolution of the City Council of the City of Hemet, California, Approving the Service Agreement with the Institute of Ecological Civilization (EcoCiv) for Technical Assistance on the California Violence Intervention and Prevention Funds from the Board of State and Community Corrections in the Amount not to Exceed $254,800.00 and Authorize the City Manager to Execute All Documents; and, request the City Council waive the procurement procedure and contract with EcoCiv for services of Mr. Stewart Wakeling for technical assistance.
7.A
City Council Meeting
April 11, 2023
12.E A Resolution of the City Council of the City of Hemet, California, to Process the Refund Request for Development Impact Fees [Water and Sewer] for Property Known as TR29129-9 Lots 1-22, TR 29129-7 Lot 8, TR29129-8 Lots 1-7, 26- 29, and TR29129-1 Lot 29 for a Total Amount of $25,655 to Jeffery MDM Partners VII, LLC
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to adopt Resolution 2023-058, a Resolution of the City Council of the City of Hemet, California, to Process the Refund Request for Development Impact Fees [Water and Sewer] for Property Known as TR29129-9 Lots 1- 22,TR 29129-7 Lot 8, TR29129-8 Lots 1-7, 26-29, and TR29129-1 Lot 29 for a Total Amount of $25,655 to Jeffery MDM Partners VII, LLC.
12.F A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Enter Settlement Agreements with Entities Within the Opioid Pharmaceutical Supply Chain
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to adopt Resolution 2023-059, a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Enter Settlement Agreements with Entities Within the Opioid Pharmaceutical Supply Chain.
13. DISCUSSION - ACTION ITEMS
13.A Investment Portfolio Update with Public Trust Advisors Action:
The City Council received and filed the update on the pooled cash of all City Funds including General Fund from Mark Creeger with Public Trust Advisors.
13.B A Resolution of the City Council of the City of Hemet, California, Establishing an Investment Policy and Rescinding Resolution No. 2021-135 Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 4-0 (COUNCIL MEMBER MEYER ABSENT), to adopt Resolution 2023-060, a Resoluton of the City Council of the City of Hemet, California, Establishing an Investment Policy and Rescinding Resolution No. 2021-135, with the following amendments for slight typographical errors.
13.C Discussion and Action on County of Riverside's Conceptual Riverside University Health System's Recovery/Wellness Village, Generally Located at Menlo Avenue and State Street
7.A
City Council Meeting
April 11, 2023
Action:
MOTION BY COUNCIL MEMBER PETERSON, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 3-1 (COUNCIL MEMBER MEYER ABSENT AND MAYOR PRO TEM LILIENTHAL VOTING NO),to authorize the Mayor to send the proposed letter addressed to the Riverside County Board of Supervisors, expressing the City of Hemet's opposition to the Project of the Wellness Village.
14. CITY COUNCIL AND STAFF REPORTS
No reports were given.
15. FUTURE AGENDA ITEMS
No changes were made to the Future Agenda Items.
16. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 10:21 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on April 25, 2023.
APPROVAL: ATTEST:
_______________________________
Mayor Males
_____________________________
Brandon Yoshida
Deputy City Clerk
7.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 25 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer, Sandra Harris;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Application for the Land and Water Conservation Fund (LWCF) Grant for the City of Hemet Sports Lighting and Shade Project
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Application for the Land and Water Conservation Fund (LWCF) Grant for City of Hemet Sports Lighting and Shade Project.
BACKGROUND:
Congress, under Public Law 88 -578, has authorized the establishment of a federal Land and Water Conservation Fund Grant In -Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes.
When an LWCF project is completed, the land within the approved LWCF boundary map is placed under federal protection, preserving the public's outdoor recreational use of the site in perpetuity for the benefit of future generations.
ANALYSIS:
The California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program.
Prior to submitted an application for for this funding opportunity, a resolution must be adopted certifying the approval of the application and the availability of eligible matching funds. The City must also certify the ability to fund the full project amount as the matching funds would be reimbursed.
7.B
DISCUSSION:
LWCF funds are intended to increase outdoor recreational opportunities for the health and wellness of Californians. The grant funds, if awarded, will match up to a maximum of 50% of the total project costs, with a maximum grant amount of $6 million.
The City of Hemet seeks to use LWCF funds at Gibbel Park to install new sports lighting and control system for various facilities within Gibbel Park such as the skatepark, pickleball courts, tennis courts and soccer fields. In addition, a new shade structure is proposed to be installed at the entrance of the skatepark.
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 3: Increase the community's pride within the City.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
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 50% match requirement for this grant must come from eligible funds and staff recommends the use of park development impact fees (DIF) as the source of required match funds. It is estimated that matching funds would not exceed $300,000 for the proposed project.
ALTERNATIVE(S):
1. Do not authorize City Staff to apply for the LWCF grant.
2. Provide alternative direction to City Staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
7.B
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1_Resolution_LWCF Application 2023
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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
APPLICATION FOR THE LAND AND WATER
CONSERVATION FUND (LWCF) CITY OF HEMET
GIBBEL PARK SPORTS LIGHTING AND SHADE
PROJECT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed City of Hemet Gibbel Park Sports Lighting and Shade project.
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City of Hemet Resolution No. 2023-xxx
SECTION 2.Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.
SECTION 3.Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
SECTION 4.Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed.
SECTION 5. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
SECTION 6. Appoints the City Manager, or his designee, as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 25th day of April, 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 25 th day of April, 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
7.B
7.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 25 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the Agreement for Occupational Health Centers of California for Occupational Health Services, not to exceed $100,000 per Fiscal Year
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve a Resolution of the City Council of the City of Hemet, California, approving an amendment to the agreement for Occupational Health Centers of California for occupational health services, not to exceed $100,000 per fiscal year.
BACKGROUND:
The City of Hemet utilizes Occupational Health Centers of California (Concentra) for all of its occupational health needs, including pre-employment and on-the-job injury examinations. The City first started using Concentra January 2021 to allow for more streamlined and flexible services for new-hire candidates and current employees (Concentra has locations all over Southern California). This allows candidates the ability to choose a clinic which is closest to them, providing added convenience to the candidate's schedule. This also allows the City more flexibility to pre -authorize services based on the candidate's needs and location.
For all new-hire employees, the City requires a pre-employment medical examination to ensure that an employee is medically able to perform the essential duties of the position, therefore reducing liability for the City. For non-Public Safety positions, these examinations are simpler in nature, consisting of a basic examination. For Publ ic Safety positions, these examinations are more complex and consist of additional components due to the nature of the position requirements. With these additional components comes additional cost for Public Safety examinations.
ANALYSIS:
7.C
For FY 22/23, there has been an increased volume in recruitments, and, therefore, an increase in pre- employment examination costs. Although there has been a greater increase in non-safety recruitments versus safety recruitments, the additional cost of safe ty examinations exceeds the cost of non -safety, even with fewer safety examinations being conducted. On average, a non -safety examination costs approximately $270 versus a safety examination which costs approximately $1,050. Public Safety pre- employment examinations cost significantly more than non -safety examinations due to the additional exam requirements of the positions.
Below is a comparison of the pre-employment examinations by FY and by examination type:
For the comparison above, the two most recent fiscal years were included to obtain the most complete view of the data possible. Due to the increased volume of recruitments, it is necessary to adjust the City's spending limit with Concentra in order to keep up with these increasing costs. This will ensure that the City will be able to remit payment for services.
DISCUSSION:
Human Resources budgets for the cost of pre -employment examinations for all recruitments citywide.
The recommended action is not requesting any additional funding for thes e examinations. Rather, the proposed amendment is seeking Council's approval to increase the annual not to exceed limit from $50,000 to $100,000 in any given fiscal year.
PREVIOUS COUNCIL ACTION:
There is no previous Council action on this item.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 3: Increase Public Safety visibility and response.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
7.C
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
FISCAL IMPACT:
There is no fiscal impact to this action. Funds are available within existing budget.
ALTERNATIVE(S):
There are no alternatives to this action as the City only has one occupational health provider for these critical services.
ATTACHMENT(S):
Resolution - Occupational Health Centers Amendment
Second Amendment - Occupational Health Centers of California
7.C
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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 AN
AMENDMENT TO THE AGREEMENT FOR
OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA
FOR OCCUPATIONAL HEALTH SERVICES, NOT TO
EXCEED $100,000 PER FISCAL YEAR
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 utilizes Occupational Health Centers of California for all of its occupational health needs, including pre-employment and on- the-job injury examinations; and
WHEREAS, for all new-hire employees, the City requires a pre-employment medical examination to ensure that an employee is medically able to perform the essential duties of the position, therefore reducing liability for the City; and WHEREAS, pre-employment examinations differ for Public Safety positions versus non-Public Safety positions, with the former being more complex due to the nature of the positions; and
WHEREAS, there has been an increased volume in recruitments Citywide, and, therefore, an increase in the volume of pre-employment examinations being completed; and
WHEREAS, the cost of Public Safety pre-employment examinations is significantly more versus non-Public Safety examinations due to the additional components of the examinations due to the nature of the position requirements; and
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City of Hemet Resolution No. 2023-xxx
WHEREAS, the increase in Public Safety recruitments is due to the Police and Fire Departments working toward increasing Public Safety visibility and response, contributing to Strategic Goal #1, Quality of Life; and WHEREAS, the increased volume of recruitments has led to increased pre- employment examination costs; and
WHEREAS, Council approves the amendment to the agreement with Occupational Health Centers of California to increase the spending limit not to exceed $100,000 per fiscal year for the duration of the agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.The City Manager is authorized and directed to execute the attached second amendment to the agreement with Occupational Health Centers of California.
SECTION 2. This resolution is effective upon adoption.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 25th day of April, 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 25th day of April, 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
7.C
7.C
00091753.1
SECOND AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA
A CALIFORNIA MEDICAL CORPORATION
DATED: APRIL 25, 2023
Form Approved 2/17/2023
7.C
00091753.1 Page | 1
SECOND AMENDMENT TO AGREEMENT
This Second Amendment to the Agreement for Services for pre-employment physicals and annual testing preventative services is made and entered into as of this 25th day of April, 2023, by and between the City of Hemet (“City”), a California municipal corporation and Occupational Health Centers of California, a California medical corporation, (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City and Consultant entered into an agreement entitled “Agreement for Services” dated January 11, 2021 (“Agreement”) for the purpose of retaining services of Consultant to provide pre-employment physicals and annual testing preventative services.
B. Pursuant to Section 28 of the Agreement, the Parties desire to amend the Agreement to increase the not-to exceed compensation amount.
C. Section 4(a) of the Agreement provides that the total compensation shall not exceed $50,000.
D. The First Amendment amended Section 4(a) to provide that the total compensation shall not exceed $50,000 per fiscal year.
E. This Second Amendment amends Section 4(a) to provide that the Compensation shall not exceed $100,000 per fiscal year.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:
1.AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to $100,000.00 as follows:
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses,
7.C
00091753.1 Page | 2
shall not exceed one hundred thousand ($100,000) dollars per fiscal year (“Not to Exceed Amount”), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. At the beginning of each twelve (12) month period of this Agreement, following the Effective Date, the fees for the prior twelve (12) month period shall be automatically increased by five percent (5%).
MANDATORY INVOICE INFORMATION/NOTICES.
Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.
2.REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.
3.INTEGRATION. This 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, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.
4.SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5.EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.
6.APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.
7.REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]
7.C
00091753.1 Page | 3
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
7.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 25 2023
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Eddie Pust, Police Chief, Martha Martinez, Management Analyst;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the First Amendment to the Agreement for Services between the City of Hemet and M. Pino & Associates, Inc., for a Contract Amount not to Exceed a Total of $70,000 per Fiscal Year
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the First Amendment to the Agreement for Services between the City of Hemet and M. Pino & Associates, Inc., for a Contract Amount not to Exceed a Total of $70,000 per Fiscal Year.
BACKGROUND:
The City of Hemet entered into an agreement for background investigations in August, 2022 with M.
Pino & Associates, Inc. in an amount not to exceed $50,000 for the total term of the agreement. The Agreement provides that the contractor will perform background investigations, which, per Human Resources guidelines, are part of the Hemet Police Department hiring process.
ANALYSIS:
Police Department applicants who meet job qualifications, pass employment interviews, and the written/physical agility tests, are then selected and assigned to a background investigator. These extensive pre-employment background investigations are performed by professional firms and follow all legal standards and Peace Office Standards and Training (POST) guidelines.
Fiscal year to date, the Hemet Police Department has sent a total of 55 candidates to backgrounds, and successfully hired 30 staff members (12 sworn, 18 non -sworn). M. Pino and Associates, Inc. has performed a total of 25 investigations for the Hemet Poli ce Department and 13 investigations for the Fire Department.
7.D
DISCUSSION:
Based on a review of current vacancies in the Hemet Police Department, it is anticipated that the costs needed to continue the pre-employment background investigations will exceed the not-to-exceed limits for the agreement with M. Pino & Associates, Inc. To ensure these pre -employment background investigations services continue, it is recommended the contract be increased by $20,000 for the remainder of the fiscal year, and adjust ed to provide up to $70,000 in future fiscal years for these services.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
Funding for this contract amendment is available in the FY 2022 -23 Council Adopted Budget in the General Fund, Professional Services (account no. 110-3013-2710). No General Fund appropriation is recommended for this action.
ATTACHMENT(S):
Resolution M. Pino
M._Pino_&_Associates,_Inc._-Agreement_for_Services_First Amendment M._Pino_&_Associates,_Inc._-Agreement_for_Services_08242022
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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, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FIRST AMENDMENT TO
THE AGREEMENT FOR SERVICES BETWEEN THE
CITY OF HEMET AND M. PI NO & ASSOCIATES, INC.
FOR A CONTRACT AMOUNT NOT TO EXCEED A
TOTAL OF $70,000 PER FISCAL YEAR.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, City and M. Pino & Associates e ntered into an agreement for background investigations on August 24, 2022, and
WHEREAS, Section 1 of the Agreement provides that the term of the contract is through June 30, 2023 with an option to extend the Agreement on a month -to- month basis following expiration on the same terms and conditions, and WHEREAS, Section 4 (a) of the original Agreement established compensation through the end of the term for a not -to-exceed amount of $50,000, and
WHEREAS, the City of Hemet and M. Pino & Associates, Inc. desir e to amend the Agreement to increase the contract amount from $50,000 to $70,000 per City fiscal year.
NOW, THEREFORE, the City Council of the City of Hemet does hereby find and resolve:
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CITY COUNCIL RESOLUTION NO. 2023-XXX
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 approves the First Amendment to the Agreement with M. Pino & Associates, Inc. atta ched
hereto, and
b. The City Manager is authorized and directed to execute the First Amendment along with any necessary documents to
effectuate the purposes of this Resolution so long as such documents are approved as to form by the City Attorney. c. The City Ma nager, or his designee, is authorized and directed to utilize the funds already budgeted in the
General Fund for the purposes of this Resolution.
PASSED, APPROVED AND ADOPTED this ___ day of ____________, 2023.
____________________________
Joe Males, Mayor
ATTEST:
__________________________
John Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2023-XXX
State of California )
County of Riverside )
City of Hemet )
I, John Maier , City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the _____ day of _____________, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Maier, City Clerk
7.D
EXHIBIT A
Attachments
7.D
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
By and Between
THE CITY OF HEMET,
a California municipal corporation
and
M. PINO & ASSOCIATES, INC.
a California Corporation
Dated April 25, 2023
7.D
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND M. PINO & ASSOCIATES, INC.
This First Amendment to Professional Services Agreement (“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 M. Pino & Associates, Inc. (“Contractor”), as follows:
RECITALS
A. City and Contractor entered in an agreement on August 24, 2022 (“Agreement”).
The Agreement provides that Contractor will perform background investigations.
B. Section 1 of the Agreement provides that the term of the contract is through June 30, 2023 with an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions.
C. This First Amendment hereby amends Section 4 (a) to provide that the total compensation, including reimbursement for actual expenses, shall not exceed seventy thousand dollars ($70,000.00) per City fiscal year.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. This Agreement is hereby modified and amended as follows:
COMPENSATION AND METHOD OF PAYMENT. Section 4 (a) of the Agreement is hereby amended as follows:
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed seventy thousand dollars ($ 70,000.00) per City fiscal year, or unless additional payment is approved as provided in the Agreement.
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
7.D
2.2 Integration. This First Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
2.3 Effective Date. This First Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Contractor.
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 references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment.
[SIGNATURE PAGE FOLLOWS]
7.D
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF HEMET, CALIFORNIA AND M. PINO & ASSOCIATES, INC.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
CITY OF HEMET
Mark Prestwich, City Manager
ATTEST:
CITY CLERK
John Maier, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
Steven Graham, City Attorney
CONTRACTOR
By:
Its:
7.D
PROFESSIONAL SERVICES AGREEMENT
By and Between
THE CITY OF HEMET,
a California municipal corporation
and
M. PINO & ASSOCIATES, INC.
a California Corporation
DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
7.D
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND M. PINO & ASSOCIATES, INC.
This Professional Services Agreement (“Agreement”) is entered into as of this 24TH day of August, 2 022 by and between the City of Hemet, a California municipal corporation (“City”) and M. Pino & Associates , Inc. (“Contractor”). City and Contractor are sometimes hereinafter individually re ferred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by a request for proposal the performance of the Background Investigations defined and described particula rly in Section 2 of this Agreement.
B. Contractor was selected by the City to perform those services.
C. Contractor was selected by the City on the basis of Contractor’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Hemet’s Municipal Code, City has authority to enter into this Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to for malize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here in and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the T erm of this Agreement is through June 30, 2023 commencing on the date first ascribed above, unless otherwise extended in writing by the grant administrator.
(b) The City may, in its sole d iscretion, unilaterally exercise an option to extend the Agreement on a month -to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4.
DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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(c) Contractor acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the Cit y at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Contractor for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance . The Services shall b e completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in a ddition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” an d made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed fifty thousand dollars ($50,000.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges b y the following categories: labor (by sub -category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task s performed and the a mount of time incurred for or allocated to that task. City shall independently DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within forty -five (45) days of receipt of Contractor’s correct and undisputed invoice.
(d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. (e) If this Agreement is extended pursuant to Section 1 , the City shall pay the same rates specified in Exhibit “B” “Compensation.”
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, cance led checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement.
Any and all such documents or records shall be maintained for three (3) years f rom the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents o r records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City, nor any ele cted or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any ri ghts to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, exp erience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement, and shall use such skill, prudence, and diligence as other members of Contractor’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specif ic standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performanc e or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statu tes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elect ed or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
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SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests o f City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands an d acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City r elative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will, perform non - related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All informa tion gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such informa tion or work product to persons or entities other DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreeme nt. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information o r work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery reques t, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Contractor. As provided under Civil Code Section 2782.8, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Partie s”) from and against any and all claims , actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claim s") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, its officers, agents, employees or sub -consultants (or any entity or individual that Contractor shall bear the legal liabil ity thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City , its contractors and other Contractors, and Contractor, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to ba nkruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Contractor’s duty to defend shall not apply if DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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there is a project -specific general li ability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all Contractors involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Sub -consultants. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub -consultant, sub -contractor or any other person or entity involv ed by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and con tent. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffecti ve, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
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SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontract ors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may term inate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to Ci ty a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) City may suspend all or any portion of Contractor’s performance under this Contract at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days’ written no tice to Contractor of such suspension. City will pay to Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension.
City may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement.
Contractor will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue com pensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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thirty (30) days, but may be extended, though not reduced, if circumstances warrant.
During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with pa yment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate th is Agreement under Section
20. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of th e public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to suc h causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mai l, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
To Contractor: M. Pino & Associates, Inc.
Attn: Jacob Pino
27475 Ynez Rd #234
Temecula, CA 92591
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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or per sons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit addi tional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compen sation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall n ot constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C ," is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with t he terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND M. PINO & ASSOCIATES, INC.
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Eddie Pust, Police Chief
Interim City Manager
ATTEST:
CITY CLERK
___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
____________________________
CONTRACTOR
By:
Its:
DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2 CFO
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EXHIBIT "A"
SCOPE OF SERVICES
I. Contractor Provider will perform to the satisfaction of the City the following Services:
The Employment Package
Complete pre-employment background including all services listed below
Interviews/Statements
Primary and discrepancy interviews of Applicant. POST Background Investigator conducted review of Candidate statements and questionnaires.
Records/Contact Requests
Agency records and Reference contacts. Initial contacts and follow -ups via phone, text, and email for verifications, files, and references listed by the Candidate.
Identity Verification
Identity and birth records verification. Verification of all identi ty related documents against NAP (Name/Address/Phone) and NAS (Name/Address/SSN) identification records.
Social Media Intel Report
Social media accounts and online activity related to the Candidates name and emails, phones, and addresses.
Residence History Check
Address history and neighborhood check. POST Investigator conducted review of the Candidates home and contact with housemates and immediate neighbors.
Employment History Check
Work history and employer file review of the Candidates current person nel file to view any performance evaluations, investigations, and/or disciplinary actions.
Report Writing
All case -related report writing related to the investigative package, which includes the background report, required and investigative documents.
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EXHIBIT "B"
COMPENSATION
I. Contractor shall use the following rates of pay in the performance of the Services:
II. The total compensation for the Services shall not exceed Fifty Thousand Dollars ($50,000.00) as provided in Section 4 “Compensation and Method of Payment” of this Agreement.
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements . Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connect ion with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance . Contractor shall maintain the following types and limits of insurance.
2. Minimum Limits of Insurance.
General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability i nsurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of th is Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease).
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Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. [Optional depending on limits required] . As an option to meet the limits of insurance required by this Agreement, Contractor may obtain and maintain an umbrella or ex cess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, an d employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; Policies shall “follow form” to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
B. Other Provisions. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspend ed, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retention s as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, emplo yees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and vol unteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
DocuSign Envelope ID: 95D3DAAD-4B55-47A3-B18F-D10D135AC2A2
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 25 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include New and Revised Positions for Fiscal Year 2023/24
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include new and revised positions for Fiscal Year (FY) 2023/24.
BACKGROUND:
The City of Hemet continually evaluates staffing and structure to promote organizational efficiency and deliver enhanced customer service to the community. As such, the City may need to make adjustments periodically to support these goals and to progress City services forward. As the City continues to grow and provide additional services, demand for these services will be met through the addition of new positions and through the revision of existing positions.
ANALYSIS:
Each Fiscal Year, departments reques t new positions and revisions to existing positions based on a variety of factors including staffing structure, funding, and project support. In preparation for FY 2023/24, the City Manager has determined that these requests will better support overall organizational structure to help streamline and improve functions across departments and the City as a whole. These position requests which require new job descriptions or revisions to existing job descriptions include:
• Administrative Services Director (new, replaces Finance Director) • Community Development Director (revised)
• Communications and Events Coordinator (new)
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• Economic Development Analyst (new)
• Associate Planner (reactivation of title and salary range - no revisions)
Each recommended position is summarized below:
Administrative Services Director
The City has an Administrative Services Department which encompasses the Finance, Human Resources, and Information Technology divisions. Historically, these divisions h ave had department directors who reported to the City Manager or his/her designee. Currently, Finance has an Interim Finance Director, Human Resources has a manager, and Information Technology has a supervisor.
The addition of an Administrative Services Di rector will allow for greater oversight of the City’s administrative services and improve the reporting structure for the three divisions within. This will allow the City Manager to better focus on the overall operation of the City and provide better depar tmental support through one subordinate employee versus three subordinate employees.
The proposed qualifications of the Administrative Services Director position are as follows:
• Education: Bachelor Degree in Public Administration, Business Administratio n, Finance, Economics, or a related field. Master Degree highly desirable. • Experience: Seven years of progressively responsible administrative experience in the planning, organization, coordination, and direction of varied municipal activities, including f inance and budgeting, personnel and labor relations, human resources, risk management, or closely related work.
Based on a market salary survey, the proposed salary range for the Administrative Services Director position is as follows:
• $12,437 - $16,667 monthly / $149,243 - $200,000 annually
The Administrative Services Director classification is an At -Will full-time benefitted position and is not subject to meet and confer procedures pursuant to the Meyers-Milias-Brown Act (MMBA).
Community Development Director
With the recent assignment of the Building and Code Enforcement divisions to the Department of Life Safety, the current Community Development Director job description requires minor revisions reflecting this change. Additionally, the position needs to formally define the role of the Community Development Department with the City’s Economic Development interests.
The proposed revisions of the Community Development Director position are as follows:
• Removing any references to responsibility for the Building and Code Enforcement divisions. • Adding language pertaining to the City’s Economic Development function. • Adding Economic Development to the position’s experience requirement. • Adding Certified Economic Developer recognition as a highly desirable certification.
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Based on a market salary survey, the proposed salary range for the Community Development Director position is recommended to be adjusted as follows:
• From a flat rate of $12,917 monthly / $155,000 annually • To a proposed range of $11,815 - $15,833 monthly / $141,781 - $190,000 annually
The Community Development Director classification is a designated At-Will full-time benefitted position and is not subject to meet and confer procedures pursuant to the MMBA.
Communications and Events Coordinator
The City does not currently have a dedicated position to coordinate citywide communications, events, and public relations. Historically, these tasks were assigned to various positions within the City Manager’s Office. The addition of the Communications and Events Coordinator will help unify and focus these efforts in order to increase the quality, transparency, and frequency of communications both internally with City employees and externally with the community. This position will also work toward unifying the City’s branding efforts across all platforms. Lastly, this position will be responsible for coordinating and planning the City’s community events.
The proposed qualifications of the Communications and Events Coordinator position are as follows:
• Education: Public Communications, Relations, Public Journalism, Degree Bachelor in Administration, Political Science, Business Administration, or a related field. Master Degree is highly desirable.
• Experience: Three years of progressively responsible experience in p ublic relations, media relations, marketing, information services, website management, social media, community programs, special events, and administrative analysis. Public sector experience highly desirable.
Based on a market salary survey, the proposed salary range for the Communications and Events Coordinator position is as follows:
• $7,395 - $9,910 monthly / $88,740 – $118,920 annually
The Communications and Events Coordinator classification is a full-time benefitted position covered by the Management/Confidential Resolution and is not subject to meet and confer procedures pursuant to the MMBA.
Economic Development Analyst
The Economic Development Analyst title was previously approved by Council on January 10, 2023 as a mid-year budget request. For the current request, the job description and salary range are being proposed for approval. The City’s Economic Development function is not currently assigned to one department or division, but has historically been part of the Community Development Dep artment due to the nature of the work performed by the department. The addition of an Economic Development Analyst position will formally establish Economic Development as a division of the Community Development Department. The focus of this position will be coordination and implementation of the City’s Economic Development plan and will work under the direction of the Community Development Director in establishing and maintaining this plan. This position will be the point-of-contact for all of the
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City’s Economic Development projects while overseeing the City’s business attraction and retention efforts. This position will liaise with internal and external stakeholders including new and existing businesses, County and State resources, as well as community partners.
The proposed qualifications of the Economic Development Analyst position are as follows:
• Education: Bachelor Degree in Business Administration, Public Administration, Urban Studies, Planning, or a related field. Master Degree highly desirable. • Experience: Three years progressively responsible experience in economic development, community development, and business development. Public sector experience highly desirable. • Certified Economic Developer recognition is highly desirable.
Based on a ma rket salary survey, the proposed salary range for the Economic Development Analyst position is as follows:
• $6,222 - $8,338 monthly / $74,664 - $100,056 annually
The Economic Development Analyst classification is a full -time benefitted position covered by the Management/Confidential Resolution and is not subject to meet and confer procedures pursuant to the MMBA.
Associate Planner
The Associate Planner title was previously approved by Council on January 10, 2023 as a mid -year budget request. The Associate Planner position was last filled in 2012. Upon surveying other agencies, the Associate Planner position is commonly used to bette r support departmental or divisional operations. As such, the title and salary range are being reactivated. There are no proposed revisions to the job description or salary range at this time.
Salary Schedule
State regulations for public employers require disclosure of position classifications and corresponding compensation. To ensure compliance and for even greater transparency, the City Council of the City of Hemet has previously adopted and updated the City’s Classification and Compensation Plan fo r Employee Salary Ranges (Salary Schedule), a document that includes a list of employment positions for the City and their corresponding compensation ranges.
The Salary Schedule allows members of the public to see the salary range of any given position. I t is important to note that this document is strictly a resource document of available employment positions, as the positions listed may not necessarily be budgeted or funded in any given fiscal year. Historically, City Council approved each budgeted job classification and its corresponding salary range in its annual budget.
The additions and updates to the Salary Schedule are noted within the salary schedule itself. The addition of classification to the salary schedule does not automatically create an aut horized vacancy.
Requests to fill vacancies need to follow all applicable personnel rules, Memorandum of Understanding terms, and resolutions.
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DISCUSSION:
Position Additions and Revisions
The proposed position additions and revisions noted within this report will ultimately contribute to four of the five Strategic Goals. The new positions being proposed are a result of the City’s current state and the support network needed to continue to a chieve Council’s Strategic Goals. With the establishment of these key positions within the City’s structure, the City not only strengthens its internal structure, but also its external structure in providing the community essential services in more streamlined and innovative ways.
Salary Schedule
Maintaining a public-facing Salary Schedule meets State requirements and fosters transparency in City operations. The Salary Schedule is informative for members of the public and other local government agencies in conducting compensation surveys on comparable positions. While there are sometimes mandatory and periodic updates that must be made to the Salary Schedule, any specific updates to position titles, requirements, and/or salary ranges will be addressed sepa rately and follow any and all applicable guidelines pursuant to the MMBA.
PREVIOUS COUNCIL ACTION:
Council has previously approved the Economic Development Analyst and Associate Planner position titles on January 10, 2023. Council approved the prior up date of the Salary Schedule on January 24, 2023.
STRATEGIC PLAN INTEGRATION:
GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
Objective 1: Develop business practices that welcome new development by streamlining processes.
Objective 2: Provide resources for new businesses to enhance the customer service experience.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 2: Develop concepts and programs to enhance the quality of life services.
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.
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Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
There is no fiscal impact for this action. All proposed positions are either currently budgeted or accounted for in the upcoming FY 23/24 budget.
ALTERNATIVE(S):
Council may choose to further examine these proposed position additions and revisions separ ately.
Alternatively, Council may choose not to approve the proposed position additions and revisions.
ATTACHMENT(S):
Resolution - Amendment to Classification and Compensation Plan - April 25, 2023 Job Description - Administrative Services Director
Job Description - Community Development Director
Job Description - Communications and Events Coordinator Job Description - Economic Development Analyst
Salary Schedule - April 25, 2023
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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 AN
AMENDMENT TO THE CITY’S CLASSIFICATION AND
COMPENSATION PLAN TO INCLUDE NEW AND
REVISED POSITIONS FOR FISCAL YEAR 23/24
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 continually evaluates staffing and structure to promote organizational efficiency and deliver enhanced customer service to the community, and, as such, the City may need to make adjustments periodically to support these goals and to progress City services forward; and WHEREAS, each Fiscal Year (FY), departments request new positions and revisions to existing positions based on a variety of factors including staffing structure, funding, and project support; and
WHEREAS, the proposed position additions and revisions for FY 23/24 will ultimately contribute to four of the five Strategic Goals and are a result of the City’s current state and the support network needed to continue to achieve Council’s Strategic Goals; and
WHEREAS, State regulations for public employers require disclosure of position classifications and corresponding compensation; and WHEREAS, State regulations for public employers require disclosure of position classifications and corresponding compensation; and
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City of Hemet Resolution No. 2023-xxx
WHEREAS, the City Council of the City of Hemet has previously adopted and updated the City’s Classification and Compensation Plan for Employee Salary Ranges (Salary Schedule), a document which includes a list of employment positions for the City and their corresponding ranges; and
WHEREAS, the Salary Schedule allows members of the public to see what any given position would be paid and is a resource document of authorized, budgeted position titles, as the positions listed may not necessarily be filled in any given fiscal year; and
WHEREAS, historically, City Council approved each budgeted job classification and its corresponding salary range in its annual budget; and WHEREAS, the addition of a classification to the salary schedule does not automatically create and authorized vacancy and requests to fill vacancies need to follow all applicable personnel rules, MOU terms, and resolutions; and WHEREAS, Council approves the amendment to the City’s Classification and Compensation Plan to included new and revised positions for Fiscal Year 23/24.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Approval of the following new positions and salary ranges:
1) Administrative Services Director, $149,243 - $200,000 annually 2) Communications and Events Coordinator, $88,740 - $118,920 annually 3) Economic Development Analyst, $74,664 - $100,056 annually SECTION 2. Approval of the following revised position and salary range:
1) Community Development Director, $141,781 - $190,000 annually SECTION 3. Reactivation of the following position title and salary range:
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City of Hemet Resolution No. 2023-xxx
1) Associate Planner, $65,988 - $84,216 annually
SECTION 4. The effective date of this amendment will be the date of approval of this Resolution, April 25, 2023.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 25th day of April, 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 25th day of April, 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
Class Code: xxxx Date Adopted: 04/25/2023
ADMINISTRATIVE SERVICES DIRECTOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
Under general direction of the City Manager, plans, directs, and coordinates the activities of the Administrative Services Department by developing and implementing policies and establishing procedures related but not limited to: finance, budgeting, purchasing, payroll , human resources , risk management, workers compensation, labor relations, information services /computer support , business license, revenue management, and utility billing ; provides fiscal and administrative guidance to the City Manager and departments; participates as a member of the executive management team; and performs related duties as required.
ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills and other characteristics:
Directs, plans, and coordinates City finance, budgeting, purchasing, payroll , human resources , risk management, labor relations, information services/computer support, business license, revenue management, workers compensation, and utility billing. R ecommends policies and approves the implementation of procedures by operating divisions; ensures that activities are conducted in accordance with related laws, ordinances, rules and regulations, develops comprehensive plans to satisfy future needs for administrative services.
Establishes and maintains direction and regulation over m unicipal revenues and expenditures in City departments in accordance with municipal accounting, auditing, reporting, and management practices.
Provides professional assistance, guidance, and information to the City Manager and departments on financial and administrative issues. Provides overall guidance to all levels of management in administrative operations and program problems to ensure timely and effective operations; coordinates activities between City departments, outside agencies and organizations.
Oversees special studies, feasibility analyses, and unique projects, and the preparation and review of a broad range or reports. Provides assistance in the implementation of project recommendations.
Provides professional analytical assistance to the City Manager regarding the formulation of strategy for City– wide issues, programs, or operations pertaining to Administrative Services; provides direction to administrative staff in the analysis of such issues.
Oversees, monitors, and directs office operations of assigned staff. Prioritizes and assigns special projects.
Interviews prospective employees. Makes hiring recommendations . Assigns, trac ks, and reviews work assignments and progress. Reviews and approves the formal performance evaluations of assigned staff.
Performs other duties as assigned by the City Manager.
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Class Code: 2109 Administrative Services Director
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of municipal management theor y and practice; full service municipal organization and finance; laws, regulations , and reporting requirements pertaining to municipal finance, human resources , risk management, and municipal budgeting processes; principles and practices of supervision; techniques of maintaining effective Council/staff and public/staff relations.
Ability to plan, direct, and coordinate municipal and department activities; analyze unusual situations and resolve them through application of best management principles and practices; manage and delegate; handle effectively multiple projects and priorities.
Ability to deal with sensitive public and private situations requiring tact and diplomacy and develop effective resolutions for situations that may involve conflict; analyze and solve administrative, managerial, financial, and organizational problems, utilizing skills in interpreting and applying laws, regulations, ordinances, policies, politics, and practical common-sense.
Ability to communicate effectively both orally and in writing; establish and maintain cooperative working relationships; supervise assigned staff including a variety of subordinate managers who may work in varied municipal programs and services; prepare and present reports both orally and in writing to internal staff, elected and or appointed officials, outside agencies, advisory bodies, or the public.
MINIMUM QUALIFICATIONS
Graduation from an accredited college or university with a Bachelor's degree in public or business administration, finance, econom ics, or a related field and seven years of progressively responsible administrative experience in the planning, organization, coordination and direction of varied municipal activities, at least a portion of which involves municipal finance and budgeting, personnel and labor relations, human resources , and risk management, or closely related work. A Master's degree from an accredited college or university with major course work in public administration, business administration, or related field is highly desirable.
CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS
Possession of, or ability to obtain, a valid and appropriate California Driver License and maintain a satisfactory driving record.
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CITY OF HEMET
Class Code: 8806 Date Adopted: 12/21/1998
COMMUNITY DEVELOPMENT DIRECTOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
Under general direction of the City Manager, plans, directs, manages, and oversees the operations of the Community Development Department, including Planning and Economic Development . Controls staffing levels and departmental budget; participates as a member of the executive management team; fosters cooperative working relationships among City departments and with intergovernmental and regulatory agencies; and performs related work as required.
ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills and other characteristics:
Manage and direct all City Planning and Economic Development activities and services including planning, housing, business attraction, retention, expansion, and other related activities; provide direct support to the Planning Commission.
Direct the development and administration of the Department budget; approve expenditures and implement budget adjustments.
Direct data gathering, analysis and reporting on planning, zoning, development, and economic development related issues; interpret and administer the general plan, specific area plans, zoning ordinance subdivis ion regulations, and City development regulations, policies and guidelines; review proposed developments for compliance with plans and ordinances.
Prepare reports and make presentations at City Council, Planning Commission and other meetings; serve on various internal and external committees; attend meetings as part of the City's executive team; serve as liaison with the community, professional groups, the media and other external contacts and resources for the City.
Establish, implement and enforce Depar tment policies and procedures; work with City staff to establish Citywide policies and procedures.
Resolve discrepancies or procedural problems and respond to program administration and/or delivery questions ensuring necessary follow -up occurs; confer wit h and advise staff and internal and external customers by providing advice, problem -solving assistance, answers to questions and interpretation of program goals and policy.
Directly and through subordinate supervisors, hire, direct work efforts and evaluate staff; provide for and/or conduct staff development; establish work methods and standards; initiate corrective and/or disciplinary action and respond to grievances and complaints.
Provide planning services, as necessary, to the Redevelopment Agency and Housing Authority to include, but not be limited to preparation of land use and revitalization plans for Redevelopment project areas, to review
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Class Code: 8806 Community Development Director
and prepare appropriate design guidelines for Redevelopment project areas, and to review and process development applications for affordable housing projects.
Performs other duties as assigned by the City Manager.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
• Principles and practices of organization, administration, budget and personnel management; • Principles and practices of effective leadership, management and supervision; • Principles and practices of policy development and implementation; • Principles and practices of comprehensive modern urban planning methods; • Principles and practices of development issues and concerns, public participation techniques, and the development process; program and project management;
• Principles and practices of economic development, business attraction, and business retention. • Modern methods and techniques of planning and appraising municipal parks and recreation facilities; • Administration, principles, and practices of grant funding and administration; • Principles and practices of City, State, and Federal Zoning and Land Use Codes, acts, and Regulations.
Ability to:
• Ability to conduct research and prepare clear, concise, and comprehensive reports; • Understand and apply complex regulations, procedures, and guidelines; • Communicate effectively, both orally and in writing;
• Establish and maintain effective working relationships with other City employees and the public;
• Conduct effective negations and effectively represent the City and department in meetings with governmental agencies, contractors, policies and procedures for the City department; • Effectively represent the department and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations and in meeting individuals;
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
MINIMUM QUALIFICATIONS
Education: Bachelor's degree from an accredited college in Public Administration, Urban Planning, Urban Design, Land Use Planning, Business Administration or a related field. A Master's degree is highly desirable.
Experience: Five (5) years progressively responsible planning and economic development management experience, including three (3) years of supervisory experience.
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Class Code: 8806 Community Development Director
CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS
License: Possession of, or ability to obtain, a valid and appropriate California driver's license and maintain a satisfactory driving record.
Certificates: American Institute of Certified Planners (AICP) certification and Certified Economic Developer (CEcD) are highly desirable.
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CITY OF HEMET
Class Code: XXXX Date Adopted: 04/25/2023
COMMUNICATIONS AND EVENTS COORDINATOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
Under general direction, plans, coordinates, leads, and administers the City’s communications and events; performs a wide variety of tasks related to communications and events, including community relations, social media, the C ity website, special events and media relations ; plans and coordinates internal and strategic external communications activities and operations; manages the C ity website and social media presence; advises City Departments on public relations and communications issues, and serves as communications link to the public and news media; coordinates activities and serves as liaison with City staff, outside agencies, and the general public; and performs other duties as assigned.
DISTINGUISHING CHARACTERISTICS
This position is responsible for overseeing the City's communications and events efforts, including branding, marketing, and coordination of internal and external campaigns. Successful performance will include skill in coordinating departmental work/activities with that of other City departments and public agencies. The incumbent works closely with the City Manager in developing City-wide communications programs and events.
ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills and other characteristics:
Develops, implements, and coordinates a comprehensive strategic communications program for the City that identifies audiences, messages, communication tools and evaluation measures.
Synthesizes City-wide vision, mission, strategic goals and key issues into concrete messages for educational, informational and marketing purposes; coordinates communications activities to foster understanding of City-wide vision, strategic priorities, program goals, and services among the public and City employees.
Writes content for and organizes the dissemination of positive and accurate information to the public regarding City business by utilizing a variety of communication tools, including news releases, press conferences, public service announcements, newsletters, magazine articles, fact sheets, radio and television commercials, social media ads, video production and digital storytelling, special event presentations, political speeches, and other collateral materials.
Creates and selects content for the City website, advertisements, and mailers; manages the City’s social media presence.
Plans, coordinates, promotes, and implements special events produced by the city and manages outside groups planning events in the city; coordinates with City department leaders to plan and implement special events in accordance with the latest safety techniques to ensure public safety; establishes, negotiates, and maintains relationships with vendors.
Creates reliable financial reports, invoices sponsors, and collects sponsorship payments on time; tracks and remains under budget with all costs.
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Class Code: xxxx Communications and Marketing Coordinator
Manages contact database of press, vendors, event planners, entertainers/agents, and sponsors
Coordinates with City’s Risk Management program to mitigate potential litigation related to special events.
Serves as liaison with the media, employees, public and private organizations, community groups and other organizations; may deliver or assist in oral presentations as requested.
Responds to complaints and requests for information from outside agencies, the general public and City staff.
Performs other duties as assigned.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
Principles and practices of public administration, journalism and public relations, including understanding of requirements of various media; individual and group dynamics including volunteers and community-based organizations; community and multi-cultural structures, issues, and tensions; event planning and management techniques; r esearch techniques, sources, and availability of information, and methods of report presentation; applicable federal, state, and local laws, rules and regulations pertaining to local government operations.
Ability to:
Analyze a variety of complex problems with emphasis on those related to community relations, political, and social processes, and community needs; communicate clearly and concisely, orally and in writing ; analyze complex issues and make recommendations for improvements to policies or management systems; properly interpret and make decisions in accordance with laws, regulations, and policies; handle multiple projects, diverse activities and events simultaneously; represent the City effectively in meetings with governmental agencies, community groups, boards and commissions, and the public and building consensus among participants; maintain effective working relationships with elected officials, executive staff, employees, media and the general public and to operate effectively regardless of circumstances; write creatively and edit reports and publications covering a wide range of subject matter; exercise independent judgment; work effectively with diverse, multi-cultural, religious groups.
MINIMUM QUALIFICATIONS
Education: Bachelor's degree from an accredited college in Journalism, Public Relations, Communications, Public Administration, Political Science, Business Administration, or a related field. A Master's degree is highly desirable.
Experience: Three (3) years progressively responsible experience in public relations, media relations, marketing, information services, website management, social media, community programs, special events, and administrative analysis. Public sector experience is highly desirable.
CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS
License: Possession of, or ability to obtain, a valid and appropriate California driver’s license and a satisfactory driving record.
7.E
CITY OF HEMET
Class Code: XXXX Date Adopted: 04/25/2023
ECONOMIC DEVELOPMENT ANALYST
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
Under direction, performs a variety of complex professional tasks in the development and implementation of Economic Development programs and activities for the City emphasizing on the stimulation of business retention, expansion, attraction and workforce development while enhancing economic base; serves as a coordinator for Economic Development projects; prepares studies and reports; and performs other related duties as assigned.
DISTINGUISHING CHARACTERISTICS
This position reports to the Community Development Director and is responsible for coordinating the City's economic development programs, projects, and activities including business and community outreach and marketing. Successful performance of the work requires an extensive professional background as well as skill in coordinating departmental work/activities with that of other City departments and public agencies.
ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills and other characteristics:
Plans, organizes, and oversees the attraction, expansion, and retention of economic development City- wide; provides recommendations for improving the efficiency of Economic Division.
Represents the department at meetings and conferences with citizens, the media, community organizations, advisory boards, independent districts, and other County, state and federal agencies.
Participates in and reviews budget allocation proposals for the Economic Development section; monitors section expenditures; coordinates billings, receipts, and reporting requirements; administers and monitors projects or program operations and related budgets; monitors and implements marketing plans and budgets.
Serves as a liaison between departmental management teams; provides information and analytical support involving major projects of City-wide interest.
Researches, prepares and presents reports to the city council, commissions and the community, including power point presentations; responds to inquiries from groups or individuals about specific areas of expertise and resolve complaints when necessary.
Analyzes proposed and existing federal, state and local legislation to determine impact to programs; remains acquainted of emerging trends in economic development; attend conferences and trade shows.
Performs complex research and analytical duties in the development of plans, projections, recommendations, and statistical and narrative reports; identifies areas of economic development, housing and community development; analyzes the effectiveness of existing programs in these areas.
Assists in the preparation, modification, administration, and evaluation of funding requests from
7.E
Class Code: xxxx Economic Development Analyst
contractors, citizens, private agencies, and local, County and state officials, for loan and grant funds; determines contract compliance with city regulations and federal laws, and regulations including equal opportunity, affirmative action, labor standards, real property acquisition and relocation, historic preservation, and environmental review; submits grant-funded program contracts to the County, state and federal agencies for approval.
Coordinates and meets with agencies, technical consultants, County personnel, and other involved persons to negotiate contact terms, work schedules and budgets.
Assists developers in developing strategies to reduce or eliminate barriers to project development; include plans for building community support; conduct outreach and facilitate community information, education and marketing meetings.
Other duties as assigned.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
Principles and practices of municipal government administration; principles, practices, and operations of urban planning, community development, economic development and real estate management; applicable federal, state, and local laws, ordinances, regulations, and guidelines governing economic development activities and City administration; principles of municipal budget development, contract administration and grant applications; principles and practices of public relations; methods and techniques of research, statistical analysis and report preparation.
Ability to:
Develop and implement goals, objectives, policies, and procedures; effectively and accurately analyze complex data in order to determine consequences, identify alternatives, and draw logical conclusions; negotiate and manage contracts with consultants and developers, and effectively represent the City in meetings with various individuals and organizations; identify and respond to community and City Council issues, concerns, and needs; communicate clearly and effectively, both orally and in writing, including making public presentations, and preparing comprehensive written reports; use proper English, spelling, grammar and punctuation; evaluate situations, identify problems, and exercise sound independent judgment within established guidelines; interpret, explain, and apply policies, procedures, laws, codes, and regulations pertaining to City administration and redevelopment ; establish and maintain courteous, cooperative, and effective working relationships with those encountered in the course of work; prepare accurate, comprehensive, and precise written reports and analysis; plan, organize, and prioritize multiple projects and tasks in order to meet strict deadlines; prepare budgets and allocate limited resources in a cost effective manner.
MINIMUM QUALIFICATIONS
Education: Bachelor's degree from an accredited college in Business Administration, Public Administration, Urban Studies, Planning, or a related field. A Master's degree is highly desirable.
Experience: Three (3) years progressively responsible experience in economic development, community development, and business development. Public sector experience is highly desirable.
CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS
License: Possession of, or ability to obtain, a valid and appropriate California driver’s license and a satisfactory driving record. Certified Economic Developer (CEcD) is highly desirable.
7.E
Salary Schedule by Position
Approved April 25, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Accountant SEIU 52 $4,704 $4,939 $5,186 $5,445 $5,718 $5,861 $6,007 Accounting Manager MC 36 $8,164 $8,572 $9,001 $9,451 $9,923 $10,419 $10,940 Accounting Technician I SEIU 37 $3,247 $3,409 $3,579 $3,758 $3,946 $4,045 $4,146 Accounting Technician II SEIU 43 $3,767 $3,956 $4,154 $4,361 $4,579 $4,694 $4,811 Accounting Technician III SEIU 46 $4,056 $4,259 $4,472 $4,696 $4,930 $5,054 $5,180 Administrative Assistant HMMA 21 $4,514 $4,740 $4,977 $5,225 $5,487 $5,761 Administrative Services Director AW ASD $12,437 $13,059 $13,712 $14,397 $15,117 $15,873 $16,667 Assistant Civil Engineer SEIU 64 $6,326 $6,642 $6,974 $7,323 $7,689 $7,881 $8,078 Assistant Planner SEIU 53 $4,822 $5,063 $5,316 $5,582 $5,861 $6,007 $6,157 Associate Planner HMMA 29 $5,499 $5,774 $6,063 $6,366 $6,684 $7,018 Assistant to the City Manager MC 36 $8,164 $8,572 $9,001 $9,451 $9,923 $10,419 $10,940 Battalion Chief AW BC $10,711 $11,247 $11,809 $12,399 $13,019 Building Inspector I SEIU 47 $4,158 $4,366 $4,584 $4,813 $5,054 $5,180 $5,310 Building Inspector II SEIU 51 $4,589 $4,818 $5,059 $5,312 $5,577 $5,717 $5,860 Building Technician I SEIU 42 $3,675 $3,859 $4,052 $4,254 $4,467 $4,579 $4,693 Building Technician II SEIU 46 $4,056 $4,259 $4,472 $4,696 $4,930 $5,054 $5,180 Chief Building Official/Deputy Fire Marshal AW CBO $10,571 $11,100 $11,655 $12,237 $12,849 $13,492 $14,166 Chief of Police AW PC Annual salary $272,772
City Clerk AW CC $8,395 $8,815 $9,255 $9,718 $10,204 $10,714 $11,250 City Manager AW CM Annual salary $273,000
City Treasurer - Elected E ELE $645.67/mo
Civilian Investigator n/a $26.00 $27.30 $28.67 $30.10 $31.60 $33.18 $34.84 (Hourly rates) Code Compliance Manager HMMA 32 $5,922 $6,218 $6,529 $6,855 $7,198 $7,558 Code Enforcement Officer I SEIU 43 $3,767 $3,956 $4,154 $4,361 $4,579 $4,694 $4,811 Code Enforcement Officer II SEIU 48 $4,262 $4,475 $4,699 $4,934 $5,180 $5,310 $5,443
04.06.2023MS City of Hemet Salary Schedule Last Revised: 01.24.2023
7.E
Salary Schedule by Position
Approved April 25, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Communications and Events Coordinator MC 32 $7,395 $7,765 $8,153 $8,561 $8,989 $9,438 $9,910 Community Development Director AW CDD $11,815 $12,406 $13,026 $13,677 $14,361 $15,079 $15,833 Community Services Officer HNSPEA 33 $3,708 $3,893 $4,088 $4,292 $4,507 $4,732 Council Member - Elected E ELE $645.67/mo
Crime Scene Technician HNSPEA 41 $4,521 $4,747 $4,984 $5,233 $5,495 $5,770 Cross Connection Spec/CSR SEIU 48 $4,262 $4,475 $4,699 $4,934 $5,180 $5,310 $5,443 Customer Service and Accounting Supervisor HMMA 31 $5,778 $6,067 $6,370 $6,689 $7,023 $7,375 Customer Service Representative SEIU 41 $3,584 $3,763 $3,951 $4,149 $4,356 $4,465 $4,576 Deputy City Clerk MC 14 $4,741 $4,978 $5,227 $5,488 $5,762 $6,051 $6,353 Deputy City Manager/Admin Services Director AW DCM Annual salary $155,004.
Deputy Fire Chief AW DFC $14,051 $14,754 $15,491 $16,266 $17,079 Economic Development Analyst MC 25 $6,222 $6,533 $6,860 $7,203 $7,563 $7,941 $8,338 Emergency Services Coordinator HMMA 26 $5,107 $5,363 $5,631 $5,912 $6,208 $6,518 Engineering Technician I SEIU 45 $3,957 $4,155 $4,363 $4,581 $4,810 $4,931 $5,054 Engineering Technician II SEIU 50 $4,476 $4,700 $4,935 $5,182 $5,441 $5,577 $5,716 Environmental Compliance Coordinator HMMA 33 $6,070 $6,374 $6,692 $7,027 $7,378 $7,747 Equipment Maintenance Supervisor HMMA 31 $5,778 $6,067 $6,370 $6,689 $7,023 $7,375 Equipment Mechanic SEIU 46 $4,056 $4,259 $4,472 $4,696 $4,930 $5,054 $5,180 Executive Analyst HMMA 32 $5,922 $6,218 $6,529 $6,855 $7,198 $7,558 Executive Analyst MC 23 $5,922 $6,218 $6,529 $6,855 $7,198 $7,558 $7,936 Executive Assistant HMMA 25 $4,982 $5,231 $5,493 $5,768 $6,056 $6,359 Executive Assistant - Confidential MC 16 $4,982 $5,231 $5,493 $5,768 $6,056 $6,359 $6,677 Facilities Maintenance Supervisor HMMA 31 $5,778 $6,067 $6,370 $6,689 $7,023 $7,375 Facilities Technician SEIU 52 $4,704 $4,939 $5,186 $5,445 $5,718 $5,861 $6,007 Facility Services Aide SEIU 33 $2,942 $3,089 $3,244 $3,406 $3,576 $3,666 $3,757
04.06.2023MS City of Hemet Salary Schedule Last Revised: 01.24.2023
7.E
Salary Schedule by Position
Approved April 25, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Finance Director AW FIN Annual salary $145,530
Fire Captain HFFA 3 $7,400 $7,770 $8,159 $8,566 $8,995 $9,444 $9,917 Fire Chief AW FC $15,035 $15,787 $16,576 $17,405 $18,275 $19,189 $20,148 Fire Engineer HFFA 2 $6,131 $6,438 $6,759 $7,097 $7,452 $7,825 $8,216 Fire Prevention Officer HFFA 200 $5,292 $5,557 $5,834 $6,126 $6,432 $6,754 $7,092 Firefighter HFFA 1 $5,358 $5,626 $5,907 $6,203 $6,513 $6,838 Firefighter/Paramedic Trainee HFFA 100 $4,019
GIS Specialist SEIU 53 $4,822 $5,063 $5,316 $5,582 $5,861 $6,007 $6,157 Housing Program Specialist SEIU 50 $4,476 $4,700 $4,935 $5,182 $5,441 $5,577 $5,716 Human Resources Analyst MC 32 $7,395 $7,765 $8,153 $8,561 $8,989 $9,438 $9,910 Human Resources Manager MC 36 $8,164 $8,572 $9,001 $9,451 $9,923 $10,419 $10,940 Human Resources Technician MC 16 $4,982 $5,231 $5,493 $5,768 $6,056 $6,359 $6,677 Information Technology Specialist I HMMA 26 $5,107 $5,363 $5,631 $5,912 $6,208 $6,518 Information Technology Specialist II HMMA 28 $5,366 $5,634 $5,915 $6,211 $6,522 $6,848 Intern I n/a $15.50 $16.28 $17.09 $17.94 $18.84 $19.78 (Hourly Rates) Intern II n/a $15.89 $16.68 $17.52 $18.39 $19.31 $20.28 (Hourly Rates) IT Operation/Network Systems Suprvsr HMMA 35 $6,378 $6,697 $7,031 $7,383 $7,752 $8,140 Lead Equipment Mechanic SEIU 50 $4,476 $4,700 $4,935 $5,182 $5,441 $5,577 $5,716 Lead Maintenance Worker SEIU 43 $3,767 $3,956 $4,154 $4,361 $4,579 $4,694 $4,811 Lead Tree Trimmer SEIU 46 $4,056 $4,259 $4,472 $4,696 $4,930 $5,054 $5,180 Lead Water Distribution Sys. Oper SEIU 45 $3,957 $4,155 $4,363 $4,581 $4,810 $4,931 $5,054 Librarian HMMA 21 $4,514 $4,740 $4,977 $5,225 $5,487 $5,761 Library Aide, Temporary On-Call n/a $15.50 $16.28 $17.09 $17.94 $18.84 (Hourly rates) Library Assistant I SEIU 32 $2,872 $3,015 $3,166 $3,324 $3,491 $3,578 $3,667 Library Assistant II SEIU 38 $3,329 $3,495 $3,670 $3,853 $4,046 $4,147 $4,251
04.06.2023MS City of Hemet Salary Schedule Last Revised: 01.24.2023
7.E
Salary Schedule by Position
Approved April 25, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Library Associate I SEIU 42 $3,675 $3,859 $4,052 $4,254 $4,467 $4,579 $4,693 Library Associate II SEIU 45 $3,957 $4,155 $4,363 $4,581 $4,810 $4,931 $5,054 Library Page SEIU 15 $2,730 $2,867 $3,010 $3,160 $3,318 $3,401 $3,486 Literacy Coordinator PT SEIU 42 $21.20 $22.26 $23.37 $24.54 $25.77 (Hourly rates) $26.41 $27.07 Maintenance Aide I - TPT n/a ccy $15.50 $16.28 $17.09 $17.94 $18.84 (Hourly rates) Maintenance Worker I SEIU 36 $3,169 $3,327 $3,494 $3,668 $3,852 $3,948 $4,047 Maintenance Worker II SEIU 39 $3,413 $3,583 $3,762 $3,950 $4,148 $4,252 $4,358 Management Analyst MC 25 $6,222 $6,533 $6,860 $7,203 $7,563 $7,941 $8,338 Management Assistant HMMA 28 $5,366 $5,634 $5,915 $6,211 $6,522 $6,848 Media and Intelligence Analyst HMMA 32 $5,922 $6,218 $6,529 $6,855 $7,198 $7,558 Office Specialist - Confidential HMMA 5 $3,041 $3,193 $3,352 $3,520 $3,696 $3,881 Office Specialist I SEIU 28 $2,730 $2,867 $3,010 $3,160 $3,318 $3,401 $3,486 Office Specialist II SEIU 32 $2,872 $3,015 $3,166 $3,324 $3,491 $3,578 $3,667 Office Specialist III SEIU 36 $3,169 $3,327 $3,494 $3,668 $3,852 $3,948 $4,047 Parks Maintenance Supervisor HMMA 31 $5,778 $6,067 $6,370 $6,689 $7,023 $7,375 Payroll/Human Resources Specialist MC 18 $5,234 $5,496 $5,771 $6,059 $6,362 $6,680 $7,014 Planning Technician SEIU 46 $4,056 $4,259 $4,472 $4,696 $4,930 $5,054 $5,180 Police Cadet HNSPEA CAD $15.50 $16.28 $17.09 $17.94 $18.84 (Hourly rates) Police Captain HPMA 3 $12,066 $12,669 $13,303 $13,968 $14,666 $15,400 Police Corporal HPOA 54 $8,816 $9,257 $9,720
Police Investigator HPOA 52 $6,892 $7,236 $7,598 $7,978 $8,377 $8,796 $9,236 Police Lieutenant HPMA 2 $10,968 $11,517 $12,093 $12,697 $13,332 $13,999 Police Officer HPOA 50 $6,265 $6,579 $6,908 $7,253 $7,616 $7,996 $8,396 Police Officer-Trainee HPOA 49 $4,699
Police Personnel & Training Coordinator MC 14 $4,741 $4,978 $5,227 $5,488 $5,762 $6,051 $6,353
04.06.2023MS City of Hemet Salary Schedule Last Revised: 01.24.2023
7.E
Salary Schedule by Position
Approved April 25, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Police Sergeant HPMA 1 $9,141 $9,598 $10,078 $10,582 $11,111 $11,667 Principal Accountant MC 24 $6,070 $6,374 $6,692 $7,027 $7,378 $7,747 $8,134 Principal Engineer HMMA 51 $9,468 $9,941 $10,438 $10,960 $11,508 $12,084 Principal Planner HMMA 44 $7,965 $8,364 $8,782 $9,221 $9,682 $10,166 Procurement Administrator HMMA 34 $6,223 $6,535 $6,861 $7,204 $7,565 $7,943 Program Coordinator - Office of Violence Prevention MC 15 $4,860 $5,103 $5,358 $5,626 $5,907 $6,203 $6,513 Property & Evidence Technician HNSPEA 36 $3,705 $3,891 $4,085 $4,289 $4,504 $4,729 Public Information Social Media Officer HMMA 39 $7,040 $7,392 $7,762 $8,150 $8,557 $8,985 Public Safety Dispatch Supervisor HMMA 34 $6,223 $6,535 $6,861 $7,204 $7,565 $7,943 Public Safety Dispatcher HNSPEA 38 $5,168 $5,426 $5,698 $5,982 $6,282 $6,596 Public Safety Dispatcher - On Call n/a $39.20 (Per hour) Public Safety Office Specialist HNSPEA 30 $3,231 $3,392 $3,562 $3,740 $3,927 $4,123 Public Safety Operator HNSPEA 33 $3,708 $3,893 $4,088 $4,292 $4,507 $4,732 Public Safety Support Services Manager HMMA 44 $7,965 $8,364 $8,782 $9,221 $9,682 $10,166 Public Works Director/City Engineer AW PWE $14,583 $14,984 $15,396 $15,819 $16,255 Public Works Inspector I SEIU 46 $4,056 $4,259 $4,472 $4,696 $4,930 $5,054 $5,180 Public Works Inspector II SEIU 50 $4,476 $4,700 $4,935 $5,182 $5,441 $5,577 $5,716 Public Works Operations Manager HMMA 47 $8,576 $9,005 $9,455 $9,928 $10,425 $10,946 Senior Building Inspector SEIU 58 $5,455 $5,727 $6,014 $6,315 $6,630 $6,796 $6,966 Senior Librarian HMMA 26 $5,107 $5,363 $5,631 $5,912 $6,208 $6,518 Senior Planner HMMA 36 $6,537 $6,864 $7,207 $7,568 $7,946 $8,343 Senior Public Works Inspector SEIU 58 $5,455 $5,727 $6,014 $6,315 $6,630 $6,796 $6,966 Streets Supervisor HMMA 31 $5,778 $6,067 $6,370 $6,689 $7,023 $7,375 Tree Trimmer SEIU 42 $3,675 $3,859 $4,052 $4,254 $4,467 $4,579 $4,693 Water Dist Sys Oper I SEIU 36 $3,169 $3,327 $3,494 $3,668 $3,852 $3,948 $4,047
04.06.2023MS City of Hemet Salary Schedule Last Revised: 01.24.2023
7.E
Salary Schedule by Position
Approved April 25, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Water Dist Sys Oper II SEIU 41 $3,584 $3,763 $3,951 $4,149 $4,356 $4,465 $4,576 Water Production Systems Oper. I SEIU 43 $3,767 $3,956 $4,154 $4,361 $4,579 $4,694 $4,811 Water Production Systems Oper. II SEIU 48 $4,262 $4,475 $4,699 $4,934 $5,180 $5,310 $5,443 Water Quality & Conserv. Spec. SEIU 49 $4,368 $4,586 $4,816 $5,057 $5,309 $5,442 $5,578 Water/Waste Water Superintendent HMMA 43 $7,771 $8,160 $8,568 $8,996 $9,446 $9,918 Water/Waste Water Supervisor HMMA 31 $5,778 $6,067 $6,370 $6,689 $7,023 $7,375 Number of Authorized Titles 131
All rates are monthly unless otherwise indicated.
BARGAINING UNIT KEY
At Will AW
Elected Officials E
Hemet Firefighters Association HFFA
Hemet Mid Management Association HMMA
Hemet Non-Sworn Personnel HNSPEA
Hemet Police Officers Association HPOA
Hemet Police Managment Association HPMA
Management/Confidential Personnel MC
Service Employees International Union SEIU
Classification updates include reactivation of the Associate Planner title and salary range; additions of Administrative Services Director, Communications and Marketing Coordinator, Deputy Public Works Director / Assistant City Engineer, and Economic Development Manager titles and salary ranges; revision of Community Development Director salary range.
04.06.2023MS City of Hemet Salary Schedule Last Revised: 01.24.2023
7.E
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 25 2023
Department: Fire Department
Submitted by: Mark Prestwich, 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 use of American Medical Response (AMR) Penalty Fees Needed to Pay for Agreement of Services between the City of Hemet and Greenleaf Consulting Group, Inc. in the amount of $35 ,000 and Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $35,000
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 use of American Medical Response (AMR) Penalty Fees Needed to Pay for Agreement of Services between the City of Hemet and Greenleaf Consulting Group, Inc. in the amount of $35,000 and Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $35,000.
BACKGROUND:
Paramedics and Emergency Medical Technicians are required to maintain licensure and to remain proficient in their skills. Having direct oversight of the EMS program and coordination of this require d training is paramount to providing the appropriate level of service to the community.
Southern California EMS Training Institute, LLC (SoCal EMS) provided EMS Training Services to the City of Hemet's Fire Department (HFD) since 2014. From January 2017 until September 2022, the contract was $74,800 annually. However, in October 2022, SoCal EMS increased the contract to $84,096.
Shortly after the October 2022 contract increase, SoCal EMS notified the Fire Department that services would be terminated wit hin 90 days because the company was sold to a new owner that was out of state. The contract was terminated in February 2023.
The Fire Dept. had to immediately procure a new vendor to prohibit any lapse in coverage. On January 25, 2023, the City entered into a contract with Greenleaf Consulting Group, Inc. (not to exceed $35,000) to provide EMS Training Services thru June 30, 2023. Our new service provider’s monthly rate is higher
7.F
than our former service provider. The Fire Dept. is requesting an additional appropriation to fund EMS Coordinator Services throughout the end of the fiscal year.
ANALYSIS:
The Fire Department has been providing Advanced Life Support services to the City of Hemet for over eight years as a recognized first responder agency. The Fire Department, in conjunction with American Medical Response, responds to over 14,000 medically related calls per year.
When the transport provider cannot meet their response time contractual obligations, the Riverside County Emergency Medical Services Association (REMSA) assesses a penalty fee. This penalty fee is made available for the purpose of EMS system enhancements to the first responders of the area where the response occurred.
DISCUSSION:
The Fiscal Year 2223 $74,800 appropriation for EMS Coordinator Services was split between the General Fund (110 -3200-2400) and Measure U (115 -3241-2710). The total combined FY2223 appropriations for General Fund and Measure U are $158,000. The General Fund appropriations total is $120,600. Of the $120,600 appropriation, $37,400 is for EMS Coordinator Services, and the remaining $83,200 is to fund other contracts. Measure U Account# 115-3241-2710 appropriations total $37,500 which is solely to pay for EMS Coordinator Services.
The most recent contract amount for Southern California, EMS Training Institute, was approved by the City Council on October 25, 2022, in the amount of $84,096. The budgeted amount for the contract was $74,800. At the time the contract was approved, there should have been a corresponding budget adjustment of $9,216. This request was not made at the time of the contract approval, creating a budgetary shortfall.
The budgetary shortfall was influenced by SoCal EMS submitting a 90 -day termination notice in November 2022. The Fire Department had to find a replacement immediately to avoid any lapse in coverage. Fortunately, the Fire Department procured services with G reenleaf Consultant Group in January 2023, just a month before SoCal EMS' contract was terminated in February 2023.
In addition to the shortfall created when the contract was increased without the corresponding budget increase, there is an increase in cost between the prior vendor and Greenleaf. This increase is due to Greenleaf Consulting Group's contracted rate being higher and additional hours needed to organize and train staff due to the recent hiring of new firefighter paramedics.
The Fire Dept. is requesting a supplemental appropriation from AMR Penalty Fees to fund the cost of this contract through the remainder of the fiscal year.
PREVIOUS COUNCIL ACTION:
On October 25, 2022, the Agreement for Services was approved to increase the contract from $74,880 to $84,096.
STRATEGIC PLAN INTEGRATION:
7.F
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:
To remain current with Greenleaf Consulting Group, Inc. through June 30, 2023, a budget appropriation in the amount of $35,000 to the Fire Department's budget for Contracts/Leases/Rents/Taxes (account no. 110-3200-2400) is necessary.
Funding Source:
When the transport provider cannot meet their response time contractual obligations, the Riverside County Emergency Medical Services Association (REMSA) assesses a penalty fee. This penalty fee is made available for the purpose of EMS system enhancements to the first responders of the area where the response occurred.
From AMR Penalty Fee account no. 110-0653 to Contracts/Leases/Rents/Taxes account no. 110-3200- 2400 in the amount of $35,000. The year to date available balance for the AMR Penalty Fee revenue account as of March 2023 is $169,622.02. There is no General Fund impact.
ALTERNATIVE(S):
The Council could choose not to approve the appropriation, which will require the contract to be terminated due to lack of funding and EMS services will have to be distributed amongst the remaining staff.
ATTACHMENT(S):
Greenleaf Resolution 2023
Greenleaf Consultant Group - EMS Training Contract 2023 So Cal EMS Confirmation of Termination 02.10.23
7.F
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
USE OF AMERICAN MEDICAL RESPONSE (AMR)
PENALTY FEES NEEDED TO PAY FOR
AGREEMENT OF SERVICES BETWEEN THE CITY
OF HEMET AND GREENLEAF CONSULTING
GROUP, INC. IN THE AMOUNT OF $35,000 AND
AUTHORIZING THE FINANCE DIRECTOR TO
RECORD A SUPPLEMENTAL APPROPRIATION IN
THE AMOUNT OF $35,000
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The Fire Department has been providing
Advanced Life Support services to the community of Hemet for over eight years as a recognized first responder agency. The Fire Department, in conjunction with American Medical Response responds to over 14,000 medically related calls per year; and WHEREAS, When the transport provider cannot meet their
response time contractual obligations, the Riverside County Emergency Medical Services Association assesses a penalty fee.
This penalty fee is made available for the purpose of EMS system enhancements to the first responders of the area where the response occurred; and
7.F
City of Hemet Resolution No. 2023-xxx
WHEREAS, On January 25, 2023 the city entered into a
contract with Greenleaf Consulting Group, Inc. (not to exceed $35,000) to provide EMS Training Services, Quality Control Services, recommendations needed to comply with California Emergency Medical Services Authority (CEMSA) and Riverside County Emergency Medical Services Agency (REMSA),
monitoring/reviewing department's operation of the ALS Program and supplying HFD Paramedics with training and continuing education; and
WHEREAS, Previously, Southern California EMS Training
Institute, LLC provided EMS Training Services to the City of Hemet's Fire Department from 2014 until February 10, 2023, when the vendor elected to terminate the contract. The final invoice was paid March 2023; and
WHEREAS, From 2014 until February 10, 2023 Southern
California EMS Training Institute, LLC (SoCal EMS) provided EMS Training Services to the City of Hemet's Fire Department. The most recent contract was approved by the City Council on October 25 th, 2022 in the amount of $84,096. The budgeted amount for this contract was $74,880 in Fiscal 2022/2023 which represents a $9,216 increase over the amount budgeted for this expense. At the time the contract was approved, there should have been a corresponding budget adjustment for $9,216. This request was not
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City of Hemet Resolution No. 2023-xxx
made at the time of the contract approval, creating a budgetary shortfall.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
SECTION 1.The City Council of the City of Hemet,
California, authorizes the City Manager to use of AMR penalty fees in an amount not to exceed $35,000 for the purpose of enhancing the Emergency Medical Services (EMS) system of the City, by payment to Greenleaf Consulting Group LLC to continue to train the Fire Department’s Emergency Medical Technicians and
Paramedics and providing oversight to the Paramedic program; and SECTION 2.The City Council of the City of Hemet,
California, authorizes the Finance Director to Record a Supplemental Appropriation in the amount of $35,000 from revenue account 110-0653 to the necessary expenditure accounts, and Authorizing the City Manager to execute all documents to effectuate the purposes of this Resolution
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City of Hemet Resolution No. 2023-xxx
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 25th day of
April, 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 25th day of April, 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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PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET,
A CALIFORNIA MUNICIPAL CORPORATION
AND
GREENLEAF CONSULTANT GROUP, INC.
A CALIFORNIA CORPORATION
Form Approved 09/26/2022
DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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PROFESSIONAL SERVICES AGREEMENT
FOR EMS TRAINING SERVICES
BETWEEN THE CITY OF HEMET AND GREENLEAF CONSULTANT GROUP, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 25th day of January, 2023 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Greenleaf Consultant Group, Inc., a California corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought the performance of the EMS Training Services defined and described particularly in Section 2 , “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. Pursuant to Chapter 2, Article V of the Hemet Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2023, commencing on Effective Date, unless otherwise extended by written agreement of the Parties.
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”
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(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreemen t. The City, in its sole discretion, may choose not to enforce Section 21, “ Default” of this Agreement and may instead allow Consultant to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreemen t, City agrees to pay Con sultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Thirty Five Thousand Dollars ($35,000.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Hemet Municipal Code Section 2-332 without approval by the City Council.
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(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Co nsultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.”
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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of City and may be used, reused or otherwise disposed of by City without the perm ission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or d iscovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for cop yright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, s pecifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters a nd combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, cancele d checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted ac counting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years fro m the date of execution of this Agreement and to the DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for insp ection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to th e City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control . Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standa rds and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exer cise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comp ly with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage ra tes and the performance of other requirements on certain “public works” and “maintenance” projects.
To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless fo rm any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement doe s not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
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Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in perfor mance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcon sultants, shall not, without prior written authorization from the City Manager or unless requested by the Cit y Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be con sidered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to , directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of thi s Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City , which may be given in the sole a nd absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.
If in the performance of its duties Consultant utilizes subcon sultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
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(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement with or without cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exce ed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under th is Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be de emed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
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Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy , acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E Florida Avenue
Hemet, CA 92543
To Consultant: Greenleaf Consultant Group, Inc.
Attn: Melissa Schmidt
PO Box 1352
Valley Center, CA 92082
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Co nsultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
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This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. 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.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or un derstandings, whether oral or written, or entered into between Consultant and City prior to the execution of this DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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HEMET-PSA rev20220926
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Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. Insurance requirements (“Addendum 1”)
2. All Exhibits and Addendums
3. All amendments
4. Consultant’s proposal, if any
5. Any laws, regulations, requirements, or restrictions , applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are i ntended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 35. TIME OF ESSENCE.
Time is of the essence for each and every provision of this Agreement.
SECTION 36. FEDERAL FUNDS.
In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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HEMET-PSA rev20220926
Signature Page
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR EMS TRAINING SERVICES
BETWEEN THE CITY OF HEMET AND GREENLEAF CONSULTANT GROUP, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Eddie Pust
Interim City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1 Chief Executive Officer
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HEMET-PSA rev20220926
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
II. Service Provider will provide the following Types of Training, Field Practice and Continuing Education:
A. Orientation of the local EMS System as may be prescribed by REMSA.
B. Training in any optional scope of practices as may be prescribed by REMSA.
C. Supervised Field Evaluation as may be prescribed by REMSA.
D. Cardiopulmonary Resuscitation (CPR).
E. Basic 12 lead EKG recognition.
DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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HEMET-PSA rev20220926
Exhibit A – Scope of Services
Page | 2
DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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Exhibit B – Compensation
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EXHIBIT “B”
COMPENSATION
I. Contractor shall use the following rates of pay in the performance of the services:
A. Instructor $85.00 Per hour not to exceed 96 hours per month II. The total compensation for the Services shall not exceed Thirty Five Thousand Dollars ($35,000.00).
DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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HEMET-PSA rev20220926
Addendum 1 - Insurance
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ADDENDUM “1”
INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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HEMET-PSA rev20220926
Addendum 1 - Insurance
Page | 2
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; Policies shall “follow form” to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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HEMET-PSA rev20220926
Addendum 1 - Insurance
Page | 3
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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DocuSign Envelope ID: 95152E18-BD72-4B4C-BE30-3FD200B8A6F1
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F
ebruary 1, 2023
Southern California EMS Training Institute, LLC
PO Box 710
Wildomar, CA 92595
Attention: Katheran Durbin
R E: Confirmation of Agreement Termination – EMS Training Service Dear Ms. Durbin:
Please let this letter serve as confirmation that the City of Hemet accepts your termination of contract for EMS Training Services dated July of 2022 (“Agreement”), effective as of February 10, 2023.
According to section 20(d) of the Agreement, “all property belonging exclusively to City which is in Contractor’s possession must be returned to City” and “Contractor’s must furnish to City a final invoice for work performed and expenses incurred by Contractor.” If you have any questions or wish to discuss this matter, please contact me at the earliest convenience.
Regards,
Candace Sunds
Candace Sunds
City of Hemet
7.F
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 25 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Charles Russell, Public Works Operations Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the Interim Finance Director to Establish a Supplemental Appropriation in Fund 270 in the Amount of $823,700, including a 10% Contingency, for Repairs to the Exterior and Interior of the James Simpson Memorial Center
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Interim Finance Director to Establish a Suppleme ntal Appropriation in Fund 270 in the Amount of $823,700, including a 10% Contingency, for Repairs to the Exterior and Interior of the James Simpson Memorial Center.
BACKGROUND:
The James Simpson Memorial Center (Simpson Center) is a City of Hemet build ing that was most recently operated by the Valley -Wide Recreation and Park District to provide recreation programming to members of the community. Due to the COVID -19 pandemic, the Simpson Center was closed and it has been unoccupied for the past three years. The agreement with Valley-Wide Recreation and Parks District expired in June 2021. The Simpson Center was built in 1977 and the Senior Wing was built in 1991. Due to years of normal wear and tear and exposure to the environment, several areas of the interior and exterior of the building need to be repaired, replaced, or painted.
At a Special Council Meeting held on March 4, 2022 City Council discussed proposed American Rescue Plan Act (ARPA) projects and, along with a host of other projects, approved a project for Simpson Center improvements.
Staff is recommending the City Council approve a supplemental appropriation of $823,700 including a 10% contingency to cover all associated costs.
ANALYSIS:
8.A
In preparation for the City partnering with a new professional facility operation management entity and the reopening of the Simpson Center, City staff is recommending the completion of the following projects:
• Paint the interior and exterior of the building
• Replace the roof
• Upgrade the security alarm system
• Modernize the elevator
• Enclose the dumpster, backflow device and gas meter area • Repair HVAC units
• Perform interior deep cleaning
• Replace all carpet
City staff will follow all appropriate procurement procedures and negotiate with contractors to perform the projects above.
As the projects above are being performed, City staff will replace missing or damaged floor and ceiling tiles, repair or replace drywall, repair the HVAC units and make other miscellaneous repairs as needed.
The estimated cost to repair the HVAC units was determined by staff based on costs of previous similar repairs made at other City facilities.
At this time it has not been determined what activities or services will be performed by a new professional facility management entity, so City staff is recommending these projects such that the Simpson Center will be fully functional and cosmetically appealing to all interested parties and visitors.
After it has been determined which activities and services will be performed, City staff can address other specific improvements that may be requested.
DISCUSSION:
The Simpson Center was once a very vital part of the community. The previous professional facility operation management entity offered a variety of services to the community including access to outreach services and activities to encourage people to participate in healthy and positive lifestyles.
Classes in music, Yoga, Zumba, Tai Chi, dance, gymnastics, and arts and crafts were offered. There is also the opportunity for the Simpson Center to be used for meetings, celebrations, and other special events. The recommended projects will ensure that v aluable and important services can be provided once again.
PREVIOUS COUNCIL ACTION:
March 4, 2022, Special City Council Meeting - City Council approved the ARPA project for Simpson Center improvements.
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.
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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 3: Increase the community's pride within the City.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 2: Develop concepts and programs to enhance the quality of life services.
FISCAL IMPACT:
There is no impact to the General Fund as the funding for this project is requested from ARPA fund balance (Fund No. 270). Staff is requesting authorization for the Interim Finance Director to establish appropriations in the amount of $823,700, including a 10% contingency, in Fund 270 for Simpson Center improvements.
The current amount of unallocated ARPA funds is $2,703,114. If City Council adopts this resolution, the remaining amount of unallocated ARPA funds will be $1,879,414.
Project Amount
Paint interior and exterior $86,000.00
Replace the roof $495,000.00
Upgrade the security alarm system $6,175.00
Modernize the elevator $105,390.00
Enclose the dumpster area $10,500.00
Repair the HVAC units $15,000.00
Interior deep cleaning $9,934.35
Replace all carpet areas $10,773.82
Repairs performed by City staff $10,000.00
10% Contingency $74,877.32
Total $823,650.49
ALTERNATIVE(S):
1. Deny the requested supplemental appropriation.
2. Provide alternate direction to City staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1_ Resolution
8.A
Attachment 2: Quote to Paint the Interior and Exterior
Attachment 3: Quote to Replace the Roof
Attachment 4: Quote to Upgrade the Security Alarm System Attachment 5: Quote to Modernize the Elevator
Attachment 6: Quote to Enclose the Dumpster Area
Attachment 7: Quote to Deep Clean the Interior
Attachment 8: Quote to Replace the Carpet
Attachment 9 - Simpson Memorial Center Rehab
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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, AUTHORIZING
THE INTERIM FINANCE DIRECTOR TO
ESTABLISH A SUPPLEMENTAL APPROPRIATION
IN FUND 270 IN THE AMOUNT OF $823,700,
INCLUDING A 10% CONTINGENCY, FOR REPAIRS
TO THE EXTERIOR AND INTERIOR OF THE
JAMES SIMPSON MEMORIAL CENTER.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the Public Works Department is responsible for the maintenance and repairs of all City of Hemet owned buildings; and
WHEREAS, the James Simpson Memorial Center was built
in 1977 and the Senior Wing was built in 1991 and due to each building’s age, the interiors and exteriors of the buildings need several repairs due to normal ware and tare and exposure to the elements; and
WHEREAS, at a Special Council Meeting held on March 4,
2022 City Council discussed proposed American Rescue Plan Act (ARPA) projects and along with a host of other projects, City Council approved a project for Simpson Center improvements; and
8.A
City of Hemet Resolution No. 2023-xxx
WHEREAS, in preparation of partnering with a new
professional facility management entity at the Simpson Center, City staff is recommending to paint the interior and exterior of the building, repair the roof, upgrade the security alarm system, modernize the elevator, enclose the dumpster and gas meter area, replace missing floor tiles, inspect and repair the HVAC unit, perform an interior deep cleaning and to replace the carpet; and WHEREAS, City staff will negotiate agreements with
qualified contractors to complete the recommended projects; WHEREAS, approving this supplemental appropriation to
complete these rehabilitation projects will ensure that valuable and critically important services can be provided at the James Simpson Memorial Center and will allow residents of the City of Hemet to connect and engage with one another at a City owned facility.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
SECTION 1.The above recitals are true and correct.
SECTION 2.The Interim Finance Director is authorized and directed to establish a supplemental appropriation in Fund 270 in the amount of $823,700, including a 10% contingency, for repairs to the exterior and interior of the James Simpson Memorial Center.
SECTION 3.This resolution shall take effect upon its
adoption.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 25th day of
April, 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 25th day of April, 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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12/13/2022
Proposal for; City of Hemet Neighborhood Center Painting Scope of Work #1 Exterior Painting;
Scrape any loose and peeling paint, pressure wash, patch cracks, holes where needed, spot prime and apply two coats of exterior premium grade paint. Paint all previously painted surfaces.
Protect all other surfaces. Colors TBD
Price: $38,000
#thirty eight thousand#
Scope of Work #2 Interior Painting;
Scrape any loose and peeling paint, clean surfaces, patch cracks and holes where needed, spot prime and apply two coats of interior premium grade paint. Paint all previously painted surfaces.
Protect all other surfaces. Colors TBD
Price: $48,000
#forty eight thousand#
2254 40th Avenue San Francisco, CA 94116(415) 375 1611 ・ [email protected]: 1050095
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Harvey Covarrubias Field Advisor
Roofing Division, Tremco Incorporated
3060 E. 44th Street, Vernon, CA. 90058
www.tremcoroofing.com [email protected]
Cell: 909.770.4936
Kurt Mikolaycik
City of Hemet
3777 Industrial Ave
Hemet, CA 92545
Re: Roof Replacement Budget – Simpson Center
Mr. Mikolaycik,
Below you will find the budget estimate for the roof replacement at the Simpson Center. If you wish to proceed with this project, we will be happy to generate the appropriate specifications and coordinate a job walk with certified contractors.
Simpson Center
Replacement Budget:
➢ Below is the budget for the roof replacement at the Simpson Center. o Installation of a new gravel and metal roofing system with 20-year warranty. - Simpson Center
20-year warranty- $471,000.00 -$495,000.00
The budgets above is where we believe the low bid will come in at
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1/31/2023156255ACity of Hemet- 305 Devonshire305 DevonshireHemet, CA 92545Kurt Mikolaycik,Thank you for the opportunity to meet and discuss your needs. I have developed this proposal based on your specific concerns and requirement. As these are the basis for a successful design, I have summarized key points as I understood them. Key Points ·Upgrade Security Alarm System to Non-Proprietary System ·Replace (2) existing Proprietary Security Panels to (1) New DMP Security Panel ·Replace & Install (2) Keypads ·(18) Single Point Expanders- to monitor each door contact ·Replace & Install (10) Motion Detectors to be compatible with new Security Panel ·Program Panel for 2 Areas: Area 1- Senior Center & Area 2- East Wing ·Full Service Plan on Head End Equipment ·Prevailing Wage Rates IncludedPlease let me know if you feel I have missed anything pertinent to your needs or if you would like to add to this list. I look forward to working with you to create a winning solution. If you have any questions about the following proposal, please don’t hesitate to contact me.Sincerely, Alisa MurraySecurity & Fire [email protected] Ph: 714-449-9900 · Fax: 844-256-5576 1740 N Lemon Street, Anaheim, CA 92801 St Lic ACO1434 Cont Lic 557497Preventing Loss • Protecting Lives • Since 1968156255APage 1 of 3
8.A
Existing proprietary Ademco Security Alarm System with (2) Security Alarm Panels controlling the Senior Center & East WingSSD to provide technology upgrade to Security Alarm System in order to monitor system as follows:Replace (2) Existing Ademco Security Panels to (1) DMP XR150 Security PanelProgram Panel to arm as two separate Areas:AREA 1: Senior CenterAREA 2: East WingInstall (1) Wireless TransmitterReplace & Install (2) Keypads: located in Senior Center & East WingInstall (1) Cellular Communicator - no Phone Lines neededInstall (18) Single Point Expanders at each Door ContactReplace & Install (10) Wireless Motion Detectors to be compatible with DMP SystemUpon installation, SSD to program & test system and ensure proper transmission of signal
SCOPE OF WORK
INCLUSIONS ·Labor to install system as described in this proposal ·Training ·Programming ·Materials as listed in this proposal ·Prevailing wage as required ·Installation includes one year warranty on parts and 90 days labor on newly installed equipment ·Any repairs to existing equipment will be done on a time and material basis. ·This proposal is valid for 60 days.EXCLUSIONS AND CLARIFICATIONSEQUIPMENT LISTQtyDescriptionBurglary Alarm SystemALARM CONTROL PANEL 1BACK-UP BATTERY 1TAMPER 1 Ph: 714-449-9900 · Fax: 844-256-5576 1740 N Lemon Street, Anaheim, CA 92801 St Lic ACO1434 Cont Lic 557497Preventing Loss • Protecting Lives • Since 1968156255APage 2 of 3
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SIREN 1RECEIVER 1CELLULAR MODULE 1KEYPAD 2DMP SINGLE POINT ZONE EXPANDER 18MOTION DETECTOR 10INITIAL PROGRAMMING 1 INVESTMENT SUMMARYSSD PROVIDED SYSTEMTermInstallation FeeMonthly Fee36 months$6,175.00$83.00SERVICESIncluded Burglar Alarm Cellular PrimaryIncluded Business Security MonitoringIncludedSPS BundleThe SSD Provided System (SPS) is covered for all repairs and service, excluding damage or human error. If any part of the system cannot be repaired and is no longer available, it will be replaced with equipment having at least the same quality and performance at no charge. Covered service will be provided 8:00am - 4:00pm, excluding weekends and holidays. Lift fee and batteries for wireless devices are excluded. When the entire system is SPS any false alarms resulting in a fine caused by a SPS malfunction will be reimbursed by SSD. The SPS includes remote code changes at no charge for monitored systems that can be connected to remotely by the SSD monitoring center. SPS includes the SSD elink online account information system.
Ph: 714-449-9900 · Fax: 844-256-5576 1740 N Lemon Street, Anaheim, CA 92801 St Lic ACO1434 Cont Lic 557497Preventing Loss • Protecting Lives • Since 1968156255APage 3 of 3
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MODERNIZATION PROPOSAL
KONE INC. proposes to provide the following necessary labor, material, permits, taxes and required elevator inspection to modernize the (1) One hydraulic passenger elevator located at the above referenced address. The following components will be replaced / installed according to the current applicable vertical transportation codes for the project.
1.0 ELEVATOR MACHINE ROOM
1.1 CONTROL
SYSTEMS
KONE will provide and install a new KONE KCM micro-
processor based elevator control system for the elevator.
The KONE KCM control system utilizes the latest in control technologies, improving the levels of performance,
reliability, and safety of the elevators. The new controls will incorporate on-board diagnostics for trouble-
shooting, adjusting, and testing of the elevator equipment.
No separate tool or passwords are required to perform regular service, testing, adjusting, and trouble-shooting. All required code mandated functions, features, and operation will be incorporated into the controls.
1.1a MOTOR
STARTER
The KONE KCM controls will be provided with a modern solid-state motor starter, to provide maximum energy efficiency, motor protection, and performance.
1.1b DISPATCHING The KONE KCM controls will include simplex dispatching, to maximize the traffic handing performance for the building.
1.1c REMOTE
MONITORING
The KONE 24/7 Connected Service is included as part of the elevator modernization for future installation. 24/7 Connected Service is a performance monitoring system that is active at all times, and helps to remotely analyze possible equipment malfunctions before they occur. 24/7 Connected Service is another tool to predict, detect, and ultimately minimize the inconvenience from equipment failures.
1.2 PUMP UNIT KONE will retain and reuse the existing submersible pump unit including motor, pump, tank, silencer, and control valve. New machine room gate valve installed.
KONE KCM
KONE INC.
1540 Scenic Avenue, Suite 100
Costa Mesa, CA 92626
Don Sterling
Sales Executive-Modernization
Cell: (714) 699-6030
[email protected]
November 17, 2022
TO: City of Hemet
445 E. Florida Avenue
Hemet, CA 92543
PROJECT: Hemet Senior Center
305 E. Devonshire Ave., Hemet, CA 92543
UNITS: (1) Passenger Elevator. St #106300
PROPOSAL #: T-0004966774
8.A
1.3 WIRING &
CONDUIT
KONE will install all new machine room wiring complete, to help eliminate possible areas of equipment failures, trouble-calls, and performance issues. No wiring will be retained. KONE will provide an install new wiring ducts and conduits as needed. All wiring will meet the elevator code requirements.
2.0 ELEVATOR HOISTWAYS / SHAFTS / PITS
2.1 DOOR
EQUIPMENT
KONE will retain and reuse the existing hall door tracks and roller hangers.
New hall door rollers, new door locks, new pick up assemblies, new door spirators and new door gibs. The existing hall door panels will be retained and reused. The existing frames, and sills will be retained.
2.2 SIGNAL
FIXTURES
KONE will provide and install new code compliant hall push-button and signal fixtures for the elevator group. All Signal fixtures will have #4 brushed stainless steel surface mount cover plates and LED illumination for extended service life. The new signal fixtures will include the following:
- New single riser of hall call stations at the landing. The main egress landing will include the code mandated fire phase 1 keyswitch, jewels and related assemblies.
- New hoistway access key switches at the terminal openings.
2.3 BUFFERS The existing buffer assemblies will be retained.
2.4 JACK CASING &
PISTON
KONE will retain the existing twin post holeless hydraulic jack casing, piston, and related assemblies. New jack head packing seals will be installed.
2.5 FEEDLINE KONE will retain the existing feed line from the new elevator hydraulic pump unit to the feed line located in the elevator pit. New shut off valve and rupture valve to be installed in elevator pit.
2.6 GUIDE RAILS KONE will retain the existing car guide rails, brackets, and related assemblies.
No additional rail strengthening or adjustments are anticipated with the modernization scope outlined in this proposal.
2.7 WIRING &
CONDUIT
KONE will install all new hoistway and traveling cable wiring complete, to help eliminate possible areas of equipment failures, trouble-calls, and performance issues. No wiring will be retained. KONE will provide an install new wiring ducts and conduits as needed. All wiring will meet the elevator code requirements.
3.0 ELEVATOR CAB / RELATED EQUIPMENT
3.1 DOOR
EQUIPMENT
KONE will install the new G.A.L. MOVFRII solid-state, closed loop master door operator for the elevator. New car door tracks, hangers, rollers, relating equipment, and zone locking clutch will be provided. The G.A.L. door equipment has a heavy duty design to maximize equipment life and minimize downtime.
This equipment is being replaced to ensure smooth, quiet, efficient door operation, which is the most noticeable item for elevator riders and building tenants.
KONE KCM
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3.2 DOOR
REVERSING
EDGE
KONE will install a new modern solid-state 2D infrared door reversing edge for the elevator. The infrared door edges provide a non-contact means to retract the closing doors, thereby helping to prevent rider contact and injuries.
3.3 CAR TOP
EQUIPMENT
KONE will install a new code compliant car top control station for the elevator.
A new car top safety handrail will also be installed as required by code.
3.4 CAR GUIDES KONE will retain and reuse existing car slide guides. New guide inserts will be installed replacing worn inserts.
3.5 CAR SIGNAL
FIXTURES
KONE will provide new car push-button and signal fixtures for the elevators. All fixtures will have #4 brushed stainless steel cover plates and LED illumination for extended service life.
The new installations will include:
- New main applied panel car operating panel will be
installed. The new car station will incorporate the
locking fire fighters operation cabinet, with floor selection buttons, per code requirements. A new digital position indicator, with passing toner and voice annunciator will be provided in the car operating panel. - New car traveling lantern for the elevator, mounted in the car entrance jamb opposite the hall station, per code requirements. New dual stroke solid state chimes will be provided.
3.6 CAB AND
INTERIORS
KONE retain the existing car shell and decorative interiors, including the existing ceiling system.
3.7 ACCESSORIES KONE will provide a new code compliant toe guard for the elevator.
4.0 TESTING AND INSPECTIONS
4.1 TESTING KONE will conduct all required safety tests, drop tests, and pre-test the function of the elevator under fire recall conditions with the Owners’ fire-life-safety contractor. Testing is to be provided during normal working hours of KONE.
4.2 INSPECTIONS The proposal includes fees for State of California inspections and testing as required by elevator code. However, any re-testing required due to other trades’ failures to complete their work or tests in a timely manner will be billed at our regular billing rates, including the additional inspection fees of the AHJ.
The building’s fire-life-safety contractor will need to be present at all inspections to test the building systems and reset the systems. The costs for the fire-life- safety contractor will be paid by others.
4.3 TURN OVER KONE will provide (1) One standard owners’ manual, (3) three sets of fixture keys, and will instruct the Owners’ representative on the use of the elevator equipment.
5.0 CLARIFICATIONS
5.1 SECURITY
CARD
READERS
KONE has not provided any provisions for card reader heads, card reader controls, or other related installation in our base pricing. Please consult KONE in the application, interface requirements, additional cost, and other related items associated with implementation of card reader security.
KONE KCM
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5.2 MAINTENANCE
The KONE base pricing does not contain any warranty or continuing maintenance for the elevator. Once the elevator is complete, KONE will resume the service of the unit under the existing maintenance agreement.
5.3 CODE
APPLICATION
All new elevator equipment provided shall meet applicable ASME A17.1 2004 code requirements, as of the date of contract acceptance. Required modifications and/or costs of any future code changes adopted after the contract acceptance date are excluded. Proposal pricing is based on the scope of work as defined herein. Any additional work required will be performed only upon Purchaser’s approval of a mutually agreeable change proposal. Any other deficiencies revealed in the progress of the work will be promptly reported to purchaser with recommendations and cost for corrective action.
5.4 SPEEDS,
CAPACITIES,
LANDINGS
Unless specifically noted above, the existing elevator speeds, capacities, dimensions, and landings served will be retained.
5.5 PICTURES Pictures used in this proposal are for demonstration purposes only, and does not necessarily indicate the exact equipment to be installed for this project.
KONE will provide a full set of submittals for approval, prior to the ordering of the new elevator equipment.
6.0 MODERNIZATION OPTIONS
6.1 Emergency
Battery
Lowering
Base price includes elevator controllers to come with emergency battery lowering unit to lower to next level and open elevators doors in the event of a building power failure.
BASE MODERNIZATION PRICE:
The KONE price to perform the above-mentioned work including all applicable labor, material and elevator inspection fees is: $90,880.00 (Ninety Thousand Eight Hundred Eighty 00/100 Dollars). Pricing is based upon all work completing within calendar year 2023. All work performed during normal trade hours.
Alternative: New submersible hydraulic pump unit: Add $14,510.00
ESTIMATED TIME FRAMES:
Contract processing/ technical reviews/ engineering/ submittals: 4-6 weeks.
Manufacturing: 15-16 weeks.
Material Consolidation & Delivery: 1 week.
Modernization/Installation: Approximately 3 weeks* per elevator, plus inspection.
Inspection: Per code authority availability.
*Installation start will be based upon available manpower, and may not immediately follow the time periods noted above. KONE will provide an anticipated start date, based upon the actual date of proposal acceptance.
This proposal is subject to the terms and conditions as noted in KONE Bid Attachment A & B.
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ACCEPTANCE: The foregoing Agreement is
hereby signed and accepted in duplicate:
Respectfully Submitted:
KONE Inc.
PURCHASER: Branch
Name
Orange County #240
Bill To: Branch
Address
1540 Scenic Avenue, #100
Costa Mesa, CA 92626
Bill To
Address:
By:
Executed by:
(Signature)
Don Sterling,
Sales Executive,
Modernization
Name, Title
Approved
By
For: Name,
Title
Date: Date:
Clarifications
• Contract terms between KONE Inc. and
Purchaser shall be based on our Proposal and
Attachments. (See Attachment “A” and “B”)
• All new elevator equipment provided shall meet
applicable ASME A17.1 code requirements. Any
provisions of codes applicable to out-of-scope
items shall be the Purchaser’s responsibility. Cost
of any future code changes adopted prior to
permitting and completion are excluded.
• The existing cab and entrance dimensions,
which may not meet current ADA or stretcher
• Asbestos: Notwithstanding anything contained
to the contrary within this bid or contract, KONE’s
work shall not include any abatement or
disturbance of asbestos containing material
(ACM) or presumed asbestos containing materials
(PACM). Any work in a regulated area as defined
by Section 1910 or 1926 of the Federal OSHA
regulations is excluded from KONE’s scope of
work without an applicable change order to
reflect the additional costs and time. In
accordance with OSHA requirements, the
Customer shall inform KONE and its employees
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access rules, will be retained as is.
• Our proposal includes inspections and testing as
required by the AHJ. However, any re-testing
required due to other trades’ failures to complete
their work or tests in a timely manner will be
billed at our regular billing rates.
• No costs for preventive maintenance services
are included in this capital improvement pricing.
• The ASME code limits changes to the empty car
weight + capacity of each elevator to 5% of the
originally installed value. If past or proposed
changes result in a change to the weight or
system pressure (for hydraulic) greater than 5%
above the original design values, the cost of any
engineering and of any required modifications to
the elevator system or structure shall be extra to
this proposal scope and pricing. If this situation is
discovered during the engineering process, KONE
will notify purchaser and recommend an
alternate design or other changes.
• In order to provide best pricing, proposal
excludes any extra demobilizations and
remobilizations. If we must demobilize from the
jobsite for any reason outside our control, we
shall be compensated at our regular billing rates.
• Proposal pricing is based on the scope of work
as defined herein. Any additional work required
will be performed only upon Purchaser’s approval
of a mutually agreeable change proposal. Any
other deficiencies revealed in the progress of the
work will be promptly reported to purchaser with
recommendations and cost for corrective action.
who will perform work activities in areas which
contain ACM and/ or PACM of the presence and
location of ACM and/or PACM in such areas
which may be contacted during work before
entering the area. Other than as expressly
disclosed in writing, Customer warrants that
KONE’s work area at all times meets applicable
OSHA permissible exposure limits (PELs). KONE
shall have the right to discontinue its work in any
location where suspected ACM or PACM is
encountered or disturbed. Any asbestos removal
or abatement, or delays caused by such, required
in order for KONE to perform its work shall be the
Customer’s sole responsibility and expense. After
any removal or abatement, customer shall
provide documentation that the asbestos has
been abated from the KONE work area and air
clearance reports shall be made available upon
request prior to the start of KONE’s work.
• Purchaser shall provide any security, escort or
other building service support personnel required
during demolition, installation, testing, and
inspections.
• For hydraulic elevators, we can assume no
responsibility for unusual conditions such as hole
cave in and complete hydraulic cylinder assembly
embedded in concrete. The excavation of the
hole to accommodate the new hydraulic cylinder
assembly is based on encountering soil free of
rocks, boulders, building construction members,
sand, water, quicksand, underground caves
and/or any other obstructions or unusual
conditions. Should such obstructions or unusual
conditions be encountered, additional time above
or beyond the working days estimated to
complete this project may be required. We will
proceed with this portion of the project on a time
and material basis, based on our normal billing
rates.
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Bid Attachment “A” / KONE Inc. General Terms and
Conditions (Modernization)
1. APPLICATION OF THESE TERMS
The parties agree to be bound by the terms and conditions contained in the Bid Letter, this Bid Attachment A and Bid Attachment B, including the documents incorporated herein by reference (collectively, the “Proposal”).
2. SPECIAL PURCHASING REQUIREMENTS
This Proposal is made without regard to compliance with any special sourcing and/or manufacturing requirements including, but not limited to, Buy America, Buy American, U.S. Steel, FAR clauses, minority / disadvantaged supplier requirements or similar federal and/or state procurement laws.
Should such requirements be applicable to this Project, KONE reserves the right to modify and/or withdraw its Proposal.
3. PROPOSAL CONDITIONS
The Proposal shall be open for acceptance within the period stated in the Bid Letter or, when no period is stated, for a period of 30 days from the date of the Bid Letter. Prior to commencing manufacture of the equipment described in the Bid Letter (“Equipment”), KONE must have (i) a fully executed contract; (ii) a schedule acceptable to KONE identifying the Equipment installation start date, or alternatively, KONE’s letter specifying the ship date (“Ship Date Letter”) signed by Customer, which, as applicable, is incorporated by reference herein; (iii) the first payment in Section 4 herein; and (iv) fully approved KONE layouts.
4. PAYMENT TERMS
Payment of the total Price is due within 30 days from invoice date, based on benchmarks as follows:
● 30% of the Price for engineering, site management, and overhead, billable and due upon execution of this Proposal or receipt of the subcontract; ● 50% of the Price for material and shipping, billable and due upon delivery of material to the jobsite or KONE Distribution Center;
● 20% of the Price for Equipment installation, billable and due at the billing cycle following the start of installation.
KONE reserves the right to delay, suspend, or stop the work, including manufacturing, delivery, installation and/or Equipment turnover, for non-payment, without liability to KONE or being held in default. Simple interest at 1.5% per month shall be charged on amounts not paid when due.
Payments to KONE are not contingent on any third party payments to Customer. Customer shall reimburse KONE for all costs of collection, including courts costs and reasonable attorneys’ fees.
Prior to turnover, KONE must be paid in full, less 10% maximum retention, the Price including all change orders. Retention shall be due and payable within 30 days of execution of the Uniform Final Acceptance or Equipment turnover, whichever occurs first.
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If certified payroll reporting is required, KONE will submit the requested reporting in the format of the U.S. Department of Labor form WH 347 & WH 348. The Price does not include Textura or any other special billing requirements, which can be added via change order at a rate of 0.3% of the Price.
5. INSTALLATION
Customer shall be responsible for procurement and cost of all permits, except permits related to installation of the Equipment. Where KONE’s scope of work or other responsibilities include the obligation to utilize materials and/or finishes resembling or identical to those pre-existing in the building, KONE shall use reasonable efforts to procure such materials and Customer acknowledges and accepts that the materials and/or finishes reasonably available may not be in all respects identical to those pre- existing in the building. This Proposal is conditioned upon KONE using its standard installation method. The installation of the Equipment shall start after Customer has completed all work set forth in Bid Attachment B and any other documents describing site requirements (“Site Requirements”), all of which are incorporated by reference herein. Within two (2) weeks prior to the scheduled delivery date for KONE’s materials, KONE shall conduct a standard visual site survey to verify that the Site Requirements are complete and notify Customer if there are outstanding deficiencies preventing KONE from beginning installation. KONE’s site survey may include, but is not limited to, inspection of site access, working and safety conditions on site, wear and tear of any existing structures or surfaces, and planning of any dismantling or removal of existing equipment, components and materials, where applicable. KONE shall not be deemed to have surveyed any hidden structures, latent defects, subsurface conditions, or other non-visible matters, including but not limited to searching for hazardous substances and/or materials, which shall be subject to Section 16. If KONE’s site survey reveals any deficiencies, KONE shall be entitled to delay the start of installation and Customer shall be responsible for all additional costs incurred by KONE, including without limitation, costs associated with: labor reallocation, re- directing materials to and storage in a KONE Distribution Center, additional labor for double handling of materials, and additional trucking, freight and insurance. Once the Site Requirements are completed, the start of installation shall be subject to the availability of labor and the delivery of material, if applicable.
KONE’s work shall be performed during regular union working hours of regular working days, Monday to Friday, statutory holidays excluded. If overtime is mutually agreed upon and performed, the additional costs for such work shall be added to the Price at KONE’s standard overtime rates. If the installation cannot be performed in an uninterrupted manner for any reason beyond KONE's control, Customer shall store the Equipment at Customer's cost and compensate KONE for any costs caused by such delay including, but not limited to, double handling of Equipment and demobilization.
KONE shall not be required to perform overtime or any Customer directed change to its work (“Extra Work”) without an executed change order. No action by KONE, including but not limited to, performing Extra Work without an executed change order, shall be a waiver of KONE’s right to seek payment for Extra Work performed. KONE shall be entitled to an extension of time and an equitable adjustment in the Price, including but not limited to, any increased costs of labor, including overtime, resulting from any change of schedule, re-direction of KONE personnel to another work area, acceleration, or out of sequence work.
KONE shall take reasonable methods to protect its work-in-place while KONE is actively on site and until execution of a KONE Uniform Final Acceptance, which is incorporated by reference herein.
Should damage occur to KONE property, material or work-in- place by fire, water, theft or
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vandalism, Customer shall compensate KONE for said damages. Additionally, the Customer is solely responsible for ensuring that the equipment maintenance contractor, if not KONE, does not disturb, delay or interfere with KONE’s work. KONE shall abide by Customer’s safety policies and procedures to the extent such policies and procedures are not in conflict with KONE’s Safety Policy. Testing and/or security features of Equipment must be completed before Equipment turnover. KONE is not responsible for damages, either to Equipment or the building, or for any personal injury or death, arising out of or resulting from any code required safety tests performed on Equipment or hoistway access granted by Customer to other trades.
6. TEMPORARY USE
Temporary use of certain types of Equipment may be permitted, provided the use period allows adequate time for Equipment restoration for final turnover and Customer executes KONE’s Temporary Use Agreement. Temporary use shall be invoiced separately and subject to payment terms in Section 4 herein. At the end of temporary use, Customer shall return the Equipment to KONE in "like new" condition.
7. HAZARDOUS MATERIALS
KONE’s work shall not include any abatement or disturbance of asbestos containing material (“ACM”), presumed asbestos containing materials (“PACM”), or other hazardous materials (i.e. lead, PCBs) (collectively “HazMat”). KONE shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be Customer’s sole responsibility and expense. Should any HazMat abatement occur within the shaft or machine room, Customer shall execute KONE’s Hoistway or Pit Access Request. If any HazMat is known to be present on site before the start of work, HazMat removal or abatement shall be completed prior to KONE scheduling installation and delivering material.
8. TITLE AND RISK TO EQUIPMENT
Title to and ownership of all Equipment intended for incorporation in KONE’s work, whether installed or stored on or off site, shall remain with KONE until final payment is made and, in the case of suspension or termination for non-payment, the parties agree that KONE may retake possession and remove any or all of KONE’s works, Equipment or apparatus without material damage to the property and irrespective of the manner in which the same is attached or affixed. Risk of loss in KONE’s work and Equipment passes to Customer upon delivery to the site or off-site storage.
Any tools, devices, or other equipment that KONE uses to perform its work or monitor the Equipment remains the sole property of KONE. If this Proposal terminates or expires for any reason, Customer will give KONE access to the premises to remove such tools, devices or equipment at KONE’s expense.
9. TURNOVER
Prior to turnover, KONE must receive a final punchlist. Upon turnover, KONE requires a signed Uniform Final Acceptance. KONE shall provide its standard electronic O&M manuals with CD-ROMs in electronic format, if applicable, upon execution of the Uniform Final Acceptance. Standard KONE samples shall be provided upon request. No mock-ups or video training are included in the Price.
10. DELAY
KONE shall not be liable for any loss, damage, claim, or delay due to any cause beyond KONE's control, including, but not limited to, acts of government (including a change in law), strikes,
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lockouts, work interruption or other labor disturbance, delays caused by others, fire, explosion, theft, floods, inclement weather, riot, civil commotion, war, malicious mischief, or acts of God. In the event of such delays,
KONE shall be entitled to an extension in time equal to the length of such delay and an equitable adjustment in the Price. Customer shall compensate KONE for labor and material cost escalations resulting from Project delays not caused by KONE, which extend completion of KONE’s work beyond the end of the current calendar year. Customer is on notice that IUEC labor rates increase annually.
11. LIMITED WARRANTY
For one (1) year after the acceptance date set forth in the signed Uniform Final Acceptance, date of Equipment turnover, or date of Customer’s use of Equipment (unless such use is pursuant to the Temporary Use Agreement), whichever occurs first, KONE warrants Equipment against defect in workmanship and material. The warranty excludes remedy for damage or defect caused by abuse, misuse, vandalism, neglect; repairs, alteration or modifications not executed by KONE; improper or insufficient maintenance, improper operation, characteristics of the building such as electrical power or security features, natural or other catastrophe such as flood, fire, or storm, or normal wear and tear and normal usage. The warranty excludes training or instruction in the proper operation or maintenance of Equipment. Specific noise ratings and energy efficiencies cannot be guaranteed due to different building characteristics and ambient noise levels. Customer’s remedy is limited to repair or replacement of a defective part, in KONE’s sole discretion, and excludes labor. KONE DISCLAIMS
ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.
12. IDEMNIFICATION
KONE shall only indemnify and hold Customer harmless for claims, damages, losses or expenses, but excluding loss of use (“Claims”) due to bodily injury, including death, or tangible property damage (other than the Project or KONE’s work itself) to the extent caused by KONE’s negligent acts or omissions. KONE shall not indemnify Customer for any other Claims. Customer agrees to indemnify and hold KONE harmless from any Claim for bodily injury, including death, or tangible property damage in connection with the use or operation of the Equipment. Each party shall defend itself in the event of a Claim.
13. INTELLECTUAL PROPERTY
KONE shall retain title and ownership of all intellectual property rights relating (directly or indirectly) to the Equipment provided by KONE, including but not limited to software or firmware (whether in the form of source code, object code or other), drawings, technical documentation, or other technical information delivered under the Proposal. KONE grants Customer a non-exclusive and non- transferable license and right to use the software and firmware in connection with the use and maintenance of the Equipment. Customer shall not use any drawings, technical documentation or other technical information supplied by or on behalf of KONE for any purposes other than those directly related to the Proposal or to the use and maintenance of the Equipment. Customer shall not in any form copy, modify or reverse engineer the software, or give access to the software for such use to any third party without KONE’s prior written consent. KONE shall not provide any information such as KONE’s internal manuals, manufacturing drawings, source codes, or other proprietary and confidential information, all of which are excluded from the Proposal.
14. INSURANCE
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In lieu of any Customer insurance requirements, KONE shall provide its standard certificate of insurance, which shall be deemed to satisfy all insurance requirements for this Project. KONE shall not provide loss runs, insurance rate information, copies of its insurance policies or any other information which KONE considers confidential. KONE shall not provide coverage for professional (E&O) liability, pollution liability, data privacy/security, or no-fault medical payments. If the Project is covered by a Wrap Up Insurance Program, KONE agrees to participate provided there is no cost to KONE, no reduction in the Price, and subject to KONE’s review of the proposed program. The insurance requirements contained in the wrap up insurance program’s manual shall govern as the only insurance requirements for this Project. In the event that the wrap up insurance program is terminated before completion of KONE’s Work, KONE will provide its standard insurance certificates which shall satisfy the insurance requirements for this Project. This shall apply to the project specific Wrap Up Insurance Program’s Manual and any applicable enrollment documents. If KONE’s primary limits are sufficient to satisfy insurance coverage requirements, excess/umbrella liability will not be required or if excess/umbrella is required, KONE’s excess coverage does not follow form although typically provides broader coverage than KONE’s primary policies. The excess coverage is not AM Best Rated nor licensed to do business within the jurisdiction although the carrier has strong Standard & Poor’s and Moody’s financial ratings that may be evidenced upon request.
15. LIMITATION OF LIABILITY
In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, liquidated, incidental, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs) (collectively, "Consequential Damages") that arise out of or relate to this Proposal even if such party has been advised of the possibility of such Consequential Damages. The limitation set forth in this section shall apply whether the claim is based on contract, tort or other theory.
16. CONCEALED OR UNKNOWN CONDITIONS
If during the course of its work, KONE encounters conditions at the site that are subsurface, differ materially from what is represented in the contract documents, or otherwise concealed physical conditions, KONE shall be entitled to an extension of time and additional costs for the performance of its work, which shall not be subject to any payment conditions or contingencies.
17. TECHNICAL SURVEY
KONE’s Price and obligations under this Proposal are subject to a technical survey to be performed on Customer’s existing units within 90-days of the effective contract start date. If a safety hazard or code violation is identified during KONE’s technical survey, Customer shall immediately remove the unit from service until repairs are performed. KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or component replacements on the unit. If additional work is necessary, KONE shall provide a separate proposal or recommendation for such work.
Customer agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Customer's failure to comply with KONE's recommendations and proposal, and any obligation on the part of KONE to indemnify or defend Customer with regard to such claim shall be null and void. If Customer does not immediately approve KONE’s proposal or recommendation, KONE reserves the right to terminate this Proposal/contract without penalty.
18. TERMINATION
If a party materially breaches this Proposal, the other party shall provide written notice of the
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breach and a reasonable time to cure the breach, but in no event less than 30 days. If the breaching party fails to cure the breach within the specified time period, the non-breaching party may terminate the Proposal upon 15 days written notice to the other party. If KONE notifies Customer of a material breach pursuant to this paragraph, KONE may temporarily suspend its work without liability.
19. GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that this Proposal shall be governed by the laws of the state where the Project is located, and venue for disputes shall be located in that state. KONE does not agree to participate in arbitration proceedings.
20. PRICE ADJUSTMENT
KONE shall be entitled to an equitable adjustment in the Price, including but not limited to, any increased costs of materials, resulting from any change in law (by legislation, executive order, treaty or other similar means), or a change in law that imposes tariffs on raw materials or finished goods.
21. MISCELLANEOUS
This Proposal, including the documents incorporated herein by reference, constitutes the entire agreement of the parties and supersedes all prior negotiations, understandings, and representations whether written or oral in relation to the subject matter hereof. Where a conflict or ambiguity exists between this Proposal and any other contract document (including but not limited to, Customer’s drawings and specifications), the terms and conditions of this Proposal shall control. This Proposal may be amended only in writing by the duly authorized representative of both parties. This Proposal may be executed in one or more counterparts. Each counterpart shall be considered an original and all of the counterparts shall constitute a single agreement binding all the parties as if all had signed a single document. For purposes of executing this Proposal, a document signed by electronic means is to be treated as an original document. The failure of either party to insist upon performance or strict performance of any of the terms or conditions of this Proposal shall not be deemed a waiver of any rights or remedies that such party may have or a waiver of any subsequent breach or default under this Proposal. Neither party may assign or transfer the benefit or burden of this Proposal without prior written consent of the other party.
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Bid Attachment “B” / Site Requirements & Work by Other
Trades
The work described below is a summary of work to be performed by others (“Work by Other Trades”) that may be required in conjunction with the elevator modernization performed by KONE (the “Work”). Purchaser shall provide any and all building electrical, structural and mechanical system upgrades required for code compliance, life safety, and proper equipment installation and operation. The Authorities Having Jurisdiction (AHJ) may require additional remedial or preparatory work. All required remedial or preparatory work shall be performed by properly licensed trade contractors in compliance with applicable codes and based on a schedule of performance that allows for uninterrupted progress of the Work. Under no circumstances shall KONE be responsible for any cost associated with the performance of remedial work by others.
Purchaser shall provide the following unless specifically included in KONE’s Work:
Electrical
• A properly rated three phase fused disconnect switch, externally operable and lockable in the open position, located as required by code. Accommodate any increases in motor size or feeder loads.
• A dedicated 110 VAC fused disconnect switch, externally operable and lockable in the open position adjacent to the machine room door for cab lighting and ventilation, located as required by code
• Shunt-trip disconnect if fire sprinklers are present in machine room or hoistway. • GFI 120 VAC convenience outlets in machine room and pit. • Separate outlet in the pit area if a sump pump is installed. • Telephone line service brought to the elevator machine room for emergency communication device.
• Any required RF shielding of TV or radio transmitters, antennae and/or wave-guides. • Conduit with pull boxes from each elevator bank to any remote fire control or communication panels specified
• If required by building code, standby/emergency power , sufficiently sized to provide power of permanent characteristics to each elevator’s disconnect, simultaneously, upon loss of regular power, including feeders, transfer switches and auxiliary contact signal outputs to elevator controllers.
Machine Room
• A code-compliant machine room. Provide or maintain fire rating as required by building code. • Fire-rated door for access into the machine room. Door shall be self-closing and self-locking, operable from inside the room without the use of a key. • Independent ventilation or an air conditioning system for the elevator machine room, to assure temperature is maintained between 65 degrees and 95 degrees Fahrenheit. • Fire extinguisher inside machine room.
• Minimum clear machine room height of 7’-0”.
• Suitable lighting that provides a minimum of 19 ftc at floor. • Removal of any non-elevator related equipment and materials from within the machine room and proper disposal of oil and other hazardous or non-hazardous substances and materials.
Hoistway
• A code-compliant hoistway, constructed in accordance with KONE's requirements and
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specifications. Provide or maintain fire rating as required by building code. • Patching of all holes in hoistway walls with fire rated material. • Beveling all ledges within hoistway measuring over 4”. • Removal of any non-elevator related equipment and materials from within the hoistway and proper disposal of oil and other hazardous or non-hazardous substances and materials. • A guarded light fixture and light switch in pit. Switch must be located 42” above the lowest landing floor level.
• A means of displacing water located in the pit and containing and disposing of oil, chemicals, and other substances in compliance with environmental laws and regulations (KONE assumes no responsibility for discharge of oil, chemicals, and other substances into storm water systems, sanitary sewer systems, retention ponds, etc.).
• Elevator hoistway ventilation to the outside atmosphere as required by building code Fire Service
• Fire alarm smoke detectors with wiring and relays in the machine room terminating at elevator controller.
• Fire alarm initiating devices must be located in front of each elevator entrance as well as in the machine room and at the top of the hoistway.
• Where sprinklers exist in the machine room and/or hoistway, a fire alarm initiating device within 12” of each sprinkler head.
Access Integration/Security
• Our proposal includes KONE logic and provisions for the specified Touchscreen(s), Keypad Destination Operating Panel(s), Monitoring System(s) and Multi-Media Equipment. • Card Readers and/or any additional required hardware & software for proper functionality of access control/security system(s) shall be furnished and installed by others. • Any required software to ensure proper communication between KONE control system(s) and building system(s) shall be the responsibility of others. • A designated 115V 15A circuit is required at each of the remote monitoring stations. • KONE recommends a minimum 100 Mbit/s Ethernet for each of the following application(s):
Integrated Touchscreen/Keypad Destination Operating Panels, Monitoring System, Multi-Media Equipment, and Card Readers.
Counterweighting
• Pricing is based upon the existing car to counterweight weight ratio being consistent with elevator industry standards. This is defined as the counterweight weight being equal to the empty car weight plus 40%. The actual assemblies will be weighed during the modernization process. If modifications are required to correct the existing weight balance, these modifications will be provided at additional cost.
RK1 Fuses and Circuit Breakers
• Fuses are to be current limiting class RK1 or equivalent. Circuit breakers are to have current limiting characteristics equivalent to RK1 fuses. Provisions of these fuses are the responsibility of others, not KONE.
General
• Access to the building to perform the Work and for deliveries with dry, protected storage adjacent to the hoistway.
• Cutting of existing walls, floors and finishes, together with all repairs made necessary by such