12.B
DISTRICT DESCRIPTION PEPPERTREE HORSESHOE HIDEAWAY ENCLAVE McSWEENEY MONTERO SV INVESTMENTS DISTRICT NO. 29 31 33 35 36 37 39
COUNTY FUND NO. 68-8633 68-8626 68-8635 68-8627 68-8637 68-8604 68-8631 CITY ACCOUNT NO. 227-8286, 0157 227-8282, 0153 227-8287, 0158 227-8283, 0154 227-8288, 0159 227-8271, 0134 227-8284, 0155
DIRECT EXPENSES
Street Lighting - Utilities 100 250 550 500 5,500 850 300 Labor Costs 2,984 26 1,270 105 2,029 556 46 Maintenance and Operations (Total) 7,381 15 7,845 1,320 8,958 7,642 621 Maintenance and Operations (Allocated) 11 0 5 0 8 2 0 Service Contract and Administration Costs (Effec FY 23-24) 70 15 540 90 1,650 340 55 Maintenance and Operations (District Specific) 7,300 - 7,300 1,230 7,300 7,300 566 Direct Expenses Subtotal $10,465 $291 $9,664 $1,925 $16,486 $9,048 $967
ADMINISTRATION EXPENSES
Personnel/Overhead (Net of Estimated Interest) $6,019 $53 $2,561 $211 $4,092 $1,122 $92 Professional Fees (Net of Estimated Interest) $684 $6 $291 $24 $465 $127 $10 Miscellaneous/County Fees $271 $184 $269 $190 $322 $221 $185 Administration Expenses Subtotal $6,974 $243 $3,121 $425 $4,879 $1,470 $288
COLLECTIONS/(CREDITS) APPLIED TO LEVY
Total Fiscal Year 2023-2024 Direct and Administrative Expenses $17,440 $534 $12,785 $2,350 $21,365 $10,518 $1,255 Capital Reserve Collection(5)/(Transfer) - Proposed ($9,195) $73 ($6,475) $0 ($3,400) ($2,627) $0 Operating Reserve Funds Collection/(Transfer) $0 $0 $0 $0 $0 $0 $0 Other Revenue / General Fund Collection/(Transfer) $0 $0 $0 $0 $0 $0 $0 Total Adjustments ($9,195) $73 ($6,475) $0 ($3,400) ($2,627) $0 BALANCE TO LEVY FISCAL YEAR 2023-2024: $8,244 $607 $6,310 $2,350 $17,965 $7,892 $1,255
DISTRICT STATISTICS
Total Parcels 226 4 195 16 334 90 7 Total Parcels Levied 197 4 193 16 310 85 7 Total Units 456.00 4.00 194.00 16.00 310.00 85.00 7.00 2023-2024: Levy Rate per Unit $18.08 $151.77 $32.53 $146.88 $57.95 $92.84 $179.34 2023-2024: Maximum Levy Rate per Unit (6) $18.08 $164.17 $127.92 $248.16 $156.42 $129.29 $193.25 Total Assessment Allowable $8,244.48 $656.68 $24,816.48 $3,970.56 $48,490.20 $10,989.65 $1,352.75 Prior Year 2022-2023: Levy Rate per Unit $17.38 $145.93 $31.27 $141.23 $55.72 $89.27 $172.41 Prior Year 2022-2023: Total Levy $7,925.28 $583.73 $6,067.33 $2,259.71 $17,274.19 $7,588.26 $1,206.88 DISTRICT FUNDS:
Estimated Reserve Fund Beginning Balance 7/1/2023 $12,419 $415 $9,130 $1,793 $15,971 $7,771 $958 2023-2024: Reserve Fund Adjustments 0 0 0 0 0 0 0
Anticipated Reserve Balance 6/30/2024 $12,419 $415 $9,130 $1,793 $15,971 $7,771 $958 Beginning CIP Fund Balance 7/1/2023 17,806 1,002 7,259 6,678 60,795 22,216 2,185 2023-2024: CIP Fund Adjustments (9,195) 73 (6,475) 0 (3,400) (2,627) 0 Anticipated CIP Balance 6/30/2024 $8,611 $1,075 $783 $6,678 $57,395 $19,590 $2,185 Estimated Percentage of Improvements Maintained 100% 100% 100% 100% 100% 100% 100% HISTORICAL RATES:
Fiscal Year 2022-2023 $17.38 $145.93 $31.27 $141.23 $55.72 $89.27 $172.41 Fiscal Year 2021-2022 $16.71 $140.32 $30.07 $135.81 $53.59 $85.85 $165.81 Fiscal Year 2020-2021 $16.05 $140.27 $12.95 $135.85 $53.59 $85.84 $165.84 Fiscal Year 2019-2020 $15.45 $134.81 $10.95 $130.69 $52.26 $82.61 $158.70 Fiscal Year 2018-2019 $14.75 $134.81 $6.33 $130.69 $52.26 $82.61 $158.70 Fiscal Year 2017-2018 $12.64 $129.47 $0.00 $122.15 $47.51 $74.15 $152.73 Fiscal Year 2016-2017 $13.74 $124.76 $0.00 $114.28 $46.58 $72.72 $116.25 Fiscal Year 2015-2016 $13.74 $124.76 $0.00 $114.28 $46.58 $72.72 $116.25 Fiscal Year 2014-2015 $5.64 $115.35 $0.00 $104.94 $46.58 $71.72 $111.53 Fiscal Year 2013-2014 $0.00 $110.90 $0.00 $46.84 $19.24 $82.98 $25.66 Fiscal Year 2012-2013 $8.24 N/A N/A N/A N/A $8.36 $52.84 Fiscal Year 2011-2012 $11.28 N/A N/A $62.96 N/A $3.34 $120.70 Fiscal Year 2010-2011 $10.86 N/A N/A N/A N/A N/A $64.71 Fiscal Year 2009-2010 $10.44 N/A N/A N/A $35.16 N/A $111.60 Fiscal Year 2008-2009 $10.04 $91.16 $65.67 $132.50 $80.30 $66.37 $107.31 Fiscal Year 2007-2008 N/A $84.28 N/A $127.40 N/A $63.82 $99.21 Fiscal Year 2006-2007 N/A $81.04 N/A N/A N/A N/A N/A
Fiscal Year 2005-2006 N/A N/A N/A N/A N/A N/A N/A
Notes
(1) Fund Number 68-2405 consists of Districts 1, 2, 3, 4, 5 ,6 ,7 ,8 ,9, 9-1, 10, 11, 12, 13, 14, 15, 16, 17, 17-1 & 18.
(2) Fund Number 68-2407 consists of Districts 19, 19-1, 19-2, 19-3, 19-6, 19-7 & 19-10. (3) The levy rates for these Districts are not per Unit/parcel, but are apportioned per Unit as defined by each parcel's front footage.(4) Includes Guaranty Bank commercial site, Hemet Center for Medical Excellence, Tanya on Broadway, Commercial Center at Sanderson Ave. and Devonshire Ave., and The Promenade Shopping Center. (5) For the periodic repair/replacement of streetlights and related equipment. (6) There is an allowable 4% inflator applied to Maximum Levy Rate with exception to the Original Districts and Districts 101-102 and 104-105. Districts 101-102 and 104-107, 109, 112-113 have an inflator factor of the greater of 4% or the cumulative percentage increase in the consumer price index. (7) Dormant District
(8) The levy rates for this Commercial District is not per unit/parcel, but are apportioned per unit as defined by the parcel's front linear footage.
(9) District not levied for fiscal year 2020/21 due to improvements not being completed. (10) The levy rates for these Commercial Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's acreage.
Slight variances due to rounding.
12.B
DISTRICT DESCRIPTION EMERSON PALOMINO VILLA DE MADRID
RANCHO
DIAMONTE
CLEAN STREAK &
ESPLANADE
PROMENADE,
SANDERSON &
DEVONSHIRE SALVATION ARMY
DISTRICT NO. 42 43 46 47 49 50 51
COUNTY FUND NO. 68-8639 68-8629 68-8644 68-8645 68-8647 68-8648 68-8649 CITY ACCOUNT NO. 227-8289, 0170 227-8285, 0156 227-8291, 0172 227-8292, 0173 227-8293, 0174 227-8294, 0175 227-8295, 0176
DIRECT EXPENSES
Street Lighting - Utilities 1,700 200 100 5,000 - 200 100 Labor Costs 654 85 111 3,750 - 3,917 166 Maintenance and Operations (Total) 7,642 623 1,030 9,034 30 7,470 7,366 Maintenance and Operations (Allocated) 2 0 0 14 - 15 1 Service Contract and Administration Costs (Effec FY 23-24) 340 15 30 1,720 30 155 65 Maintenance and Operations (District Specific) 7,300 608 1,000 7,300 - 7,300 7,300 Direct Expenses Subtotal $9,997 $908 $1,242 $17,784 $30 $11,587 $7,632
ADMINISTRATION EXPENSES
Personnel/Overhead (Net of Estimated Interest) $1,320 $172 $224 $7,564 $0 $7,901 $335 Professional Fees (Net of Estimated Interest) $150 $19 $25 $859 $0 $898 $38 Miscellaneous/County Fees $227 $188 $190 $440 $184 $194 $183 Administration Expenses Subtotal $1,697 $379 $440 $8,863 $184 $8,993 $556
COLLECTIONS/(CREDITS) APPLIED TO LEVY
Total Fiscal Year 2023-2024 Direct and Administrative Expenses $11,694 $1,288 $1,682 $26,647 $214 $20,580 $8,188 Capital Reserve Collection(5)/(Transfer) - Proposed ($3,145) $0 $459 $424 $0 ($3,606) ($5,497) Operating Reserve Funds Collection/(Transfer) $0 $0 $0 $0 $12 $0 $0 Other Revenue / General Fund Collection/(Transfer) $0 $0 $0 $0 $0 $0 $0 Total Adjustments ($3,145) $0 $459 $424 $12 ($3,606) ($5,497) BALANCE TO LEVY FISCAL YEAR 2023-2024: $8,549 $1,288 $2,141 $27,071 $225 $16,973.83 $2,691
DISTRICT STATISTICS
Total Parcels 104 14 21 599 3 27 1 Total Parcels Levied 100 13 17 573 3 27 1 Total Units 100.00 13.00 17.00 573.00 1,158.29 13,182.63 1,870.46 2023-2024: Levy Rate per Unit $85.49 $99.07 $125.93 $47.24 $0.19 $1.2900 $1.44 2023-2024: Maximum Levy Rate per Unit (6) $153.77 $120.77 $130.76 $145.83 $2.76 $2.76 $2.45 Total Assessment Allowable $15,377.00 $1,570.01 $2,222.92 $83,560.59 $3,191.54 $36,323.42 $4,581.88 Prior Year 2022-2023: Levy Rate per Unit $82.20 $95.26 $121.09 $45.43 $0.19 $1.24 $1.38 Prior Year 2022-2023: Total Levy $8,220.16 $1,238.36 $2,058.47 $26,029.79 $216.82 $16,320.99 $2,587.21 DISTRICT FUNDS:
Estimated Reserve Fund Beginning Balance 7/1/2023 $8,618 $982 $1,327 $20,368 $0 $15,352 $5,717 2023-2024: Reserve Fund Adjustments 0 0 0 0 12 0 0
Anticipated Reserve Balance 6/30/2024 $8,618 $982 $1,327 $20,368 $12 $15,352 $5,717 Beginning CIP Fund Balance 7/1/2023 19,907 4,494 5,112 42,903 - 71,376 24,231 2023-2024: CIP Fund Adjustments (3,145) 0 459 424 0 (3,606) (5,497) Anticipated CIP Balance 6/30/2024 $16,762 $4,494 $5,571 $43,327 $0 $67,770 $18,734 Estimated Percentage of Improvements Maintained 100% 100% 100% 100% 0% 100% 100% HISTORICAL RATES:
Fiscal Year 2022-2023 $82.20 $95.26 $121.09 $45.43 $0.19 $1.24 $1.38 Fiscal Year 2021-2022 $79.06 $91.59 $116.43 $43.69 $0.18 $1.21 $1.33 Fiscal Year 2020-2021 $79.04 $91.58 $116.25 $43.68 $0.18 $1.21 $1.33 Fiscal Year 2019-2020 $76.00 $88.17 $111.78 $42.08 $0.00 $1.35 $1.28 Fiscal Year 2018-2019 $76.00 $83.49 $107.39 $40.46 $0.00 $1.90 $1.28 Fiscal Year 2017-2018 $68.79 $77.36 $103.28 $9.62 $0.00 $1.47 $1.81 Fiscal Year 2016-2017 $67.79 $71.20 $99.37 $9.24 $0.00 $1.94 $1.74 Fiscal Year 2015-2016 $67.79 $71.20 $99.37 $9.24 $0.00 $1.94 $1.74 Fiscal Year 2014-2015 $63.68 $71.92 $16.87 $9.24 $0.00 $1.94 $1.44 Fiscal Year 2013-2014 $36.62 $42.00 $16.22 $0.00 $0.00 $1.86 $0.00 Fiscal Year 2012-2013 N/A N/A $15.60 N/A N/A $0.70 N/A
Fiscal Year 2011-2012 N/A $75.42 $8.34 N/A N/A N/A N/A
Fiscal Year 2010-2011 $10.58 $33.20 N/A N/A $1.65 $1.26 N/A Fiscal Year 2009-2010 $58.13 N/A N/A N/A N/A N/A N/A
Fiscal Year 2008-2009 $78.94 $67.06 $13.34 $77.86 N/A N/A N/A Fiscal Year 2007-2008 N/A $62.00 N/A N/A N/A N/A N/A
Fiscal Year 2006-2007 N/A N/A N/A N/A N/A N/A N/A
Fiscal Year 2005-2006 N/A N/A N/A N/A N/A N/A N/A
Notes
(1) Fund Number 68-2405 consists of Districts 1, 2, 3, 4, 5 ,6 ,7 ,8 ,9, 9-1, 10, 11, 12, 13, 14, 15, 16, 17, 17-1 & 18.
(2) Fund Number 68-2407 consists of Districts 19, 19-1, 19-2, 19-3, 19-6, 19-7 & 19-10. (3) The levy rates for these Districts are not per Unit/parcel, but are apportioned per Unit as defined by each parcel's front footage.(4) Includes Guaranty Bank commercial site, Hemet Center for Medical Excellence, Tanya on Broadway, Commercial Center at Sanderson Ave. and Devonshire Ave., and The Promenade Shopping Center. (5) For the periodic repair/replacement of streetlights and related equipment. (6) There is an allowable 4% inflator applied to Maximum Levy Rate with exception to the Original Districts and Districts 101-102 and 104-105. Districts 101-102 and 104-107, 109, 112-113 have an inflator factor of the greater of 4% or the cumulative percentage increase in the consumer price index. (7) Dormant District
(8) The levy rates for this Commercial District is not per unit/parcel, but are apportioned per unit as defined by the parcel's front linear footage.
(9) District not levied for fiscal year 2020/21 due to improvements not being completed. (10) The levy rates for these Commercial Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's acreage.
Slight variances due to rounding.
12.B
DISTRICT DESCRIPTION SEVEN HILLS
HABITAT FOR
HUMANITY
SAHARA / OASIS
SENIOR VILLAS
AP NORTH LAKE
SOLAR Oak Tree
Tractor Supply
Company
DISTRICT NO. 52 54 55 101 102 104
COUNTY FUND NO. 68-8651 68-8656 68-8658 68-2402 68-0015 68-0025 CITY ACCOUNT NO. 227-0180, 8299 227-8297, 0178 227-8298, 0179 227-0183, 8301 227-8302, 0184 227-8304, 0186
DIRECT EXPENSES
Street Lighting - Utilities 100 300 200 3,800 - - Labor Costs 1,247 7 163 2,419 21 110 Maintenance and Operations (Total) 7,335 330 7,366 7,524 30 10 Maintenance and Operations (Allocated) 5 0 1 9 0 0 Service Contract and Administration Costs (Effec FY 23-24) 30 30 65 215 30 10 Maintenance and Operations (District Specific) 7,300 300 7,300 7,300 - - Direct Expenses Subtotal $8,682 $637 $7,729 $13,743 $51 $120
ADMINISTRATION EXPENSES
Personnel/Overhead (Net of Estimated Interest) $2,516 $14 $329 $4,879 $43 $221 Professional Fees (Net of Estimated Interest) $286 $2 $37 $554 $5 $25 Miscellaneous/County Fees $184 $185 $183 $183 $183 $183 Administration Expenses Subtotal $2,986 $200 $549 $5,616 $230 $429
COLLECTIONS/(CREDITS) APPLIED TO LEVY
Total Fiscal Year 2023-2024 Direct and Administrative Expenses $11,668 $837 $8,278 $19,358 $282 $549 Capital Reserve Collection(5)/(Transfer) - Proposed ($6,980) $0 ($5,775) ($3,511) $0 $1,715 Operating Reserve Funds Collection/(Transfer) $0 $539 $0 $0 $537 $0 Other Revenue / General Fund Collection/(Transfer) $0 $0 $0 $0 $0 $0 Total Adjustments ($6,980) $539 ($5,775) ($3,511) $537 $1,715 BALANCE TO LEVY FISCAL YEAR 2023-2024: $4,688 $1,376 $2,503 $15,848 $819 $2,263
DISTRICT STATISTICS
Total Parcels 4 6 2 1 1 1 Total Parcels Levied 4 6 2 1 1 1 Total Units 2,073.82 586.21 1,780.08 3,600.00 2.79 7.20 2023-2024: Levy Rate per Unit $2.26 $2.35 $1.41 $4.40 $293.51 $314.36 2023-2024: Maximum Levy Rate per Unit (6) $2.45 $2.45 $2.45 4.87 $ 395.77$ 347.82$ Total Assessment Allowable $5,080.03 $1,435.98 $4,360.48 $17,539.39 $1,104.21 $2,504.33 Prior Year 2022-2023: Levy Rate per Unit $2.17 $2.26 $1.35 $4.23 $282.22 $302.26 Prior Year 2022-2023: Total Levy $4,507.63 $1,322.90 $2,406.66 $15,238.08 $787.40 $2,176.30 DISTRICT FUNDS:
Estimated Reserve Fund Beginning Balance 7/1/2023 $8,230 ($33,137) $5,759 $14,429 ($434) $584 2023-2024: Reserve Fund Adjustments 0 539 0 0 537 0
Anticipated Reserve Balance 6/30/2024 $8,230 ($32,598) $5,759 $14,429 $103 $584 Beginning CIP Fund Balance 7/1/2023 20,611 - 11,833 1,125 - 6,491 2023-2024: CIP Fund Adjustments (6,980) 0 (5,775) (3,511) 0 1,715 Anticipated CIP Balance 6/30/2024 $13,631 $0 $6,058 ($2,386) $0 $8,205 Estimated Percentage of Improvements Maintained 100% 100% 100% 100% 50% 100% HISTORICAL RATES:
Fiscal Year 2022-2023 $2.17 $2.26 $1.35 $4.23 $282.22 $302.26 Fiscal Year 2021-2022 $2.09 $2.17 $1.30 $4.07 $271.39 $290.67 Fiscal Year 2020-2021 $2.01 $2.09 $1.30 $4.07 $271.43 $290.56 Fiscal Year 2019-2020 $2.01 $2.01 $1.25 $3.91 $260.78 $279.41 Fiscal Year 2018-2019 $2.01 $2.01 $1.25 $3.76 $0.00 $220.17 Fiscal Year 2017-2018 $1.89 $1.94 $1.25 $3.62 $0.00 $258.38 Fiscal Year 2016-2017 $1.86 $1.86 $1.18 $3.48 N/A N/A
Fiscal Year 2015-2016 $1.86 $1.86 $1.18 $3.48 N/A N/A
Fiscal Year 2014-2015 $1.07 $1.72 $0.90 N/A N/A N/A
Fiscal Year 2013-2014 $0.68 $1.64 $1.44 N/A N/A N/A
Fiscal Year 2012-2013 $1.53 $1.06 N/A N/A N/A N/A
Fiscal Year 2011-2012 N/A N/A N/A N/A N/A N/A
Fiscal Year 2010-2011 N/A N/A N/A N/A N/A N/A
Fiscal Year 2009-2010 N/A N/A N/A N/A N/A N/A
Fiscal Year 2008-2009 N/A N/A N/A N/A N/A N/A
Fiscal Year 2007-2008 N/A N/A N/A N/A N/A N/A
Fiscal Year 2006-2007 N/A N/A N/A N/A N/A N/A
Fiscal Year 2005-2006 N/A N/A N/A N/A N/A N/A
Notes
(1) Fund Number 68-2405 consists of Districts 1, 2, 3, 4, 5 ,6 ,7 ,8 ,9, 9-1, 10, 11, 12, 13, 14, 15, 16, 17, 17-1 & 18.
(2) Fund Number 68-2407 consists of Districts 19, 19-1, 19-2, 19-3, 19-6, 19-7 & 19-10. (3) The levy rates for these Districts are not per Unit/parcel, but are apportioned per Unit as defined by each parcel's front footage.(4) Includes Guaranty Bank commercial site, Hemet Center for Medical Excellence, Tanya on Broadway, Commercial Center at Sanderson Ave. and Devonshire Ave., and The Promenade Shopping Center. (5) For the periodic repair/replacement of streetlights and related equipment. (6) There is an allowable 4% inflator applied to Maximum Levy Rate with exception to the Original Districts and Districts 101-102 and 104-105. Districts 101-102 and 104-107, 109, 112-113 have an inflator factor of the greater of 4% or the cumulative percentage increase in the consumer price index. (7) Dormant District
(8) The levy rates for this Commercial District is not per unit/parcel, but are apportioned per unit as defined by the parcel's front linear footage.
(9) District not levied for fiscal year 2020/21 due to improvements not being completed. (10) The levy rates for these Commercial Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's acreage.
Slight variances due to rounding.
12.B
DISTRICT DESCRIPTION Les Schwab Tires
Hemet Auto Mall Zone
A
Hemet Auto Mall Zone
B Marana Airway Place
DISTRICT NO. 105 106 106 107 109
COUNTY FUND NO. 68-0027 68-0284 68-0285 68-0194
CITY ACCOUNT NO. 227-8305, 0187 227-8306 227-8315 227-8307
DIRECT EXPENSES
Street Lighting - Utilities - 600 - - - Labor Costs 57 314 29 110 - Maintenance and Operations (Total) 10 38 248 140 - Maintenance and Operations (Allocated) 0 1 0 0 - Service Contract and Administration Costs (Effec FY 23-24) 10 37 48 40 - Maintenance and Operations (District Specific) - - 200 100 - Direct Expenses Subtotal $67 $952 $277 $250 $0
ADMINISTRATION EXPENSES
Personnel/Overhead (Net of Estimated Interest) $114 $634 $59 $221 $0 Professional Fees (Net of Estimated Interest) $13 $72 $7 $25 $0 Miscellaneous/County Fees $183 $25 $25 $186 $0
Administration Expenses Subtotal $310 $731 $91 $432 $0
COLLECTIONS/(CREDITS) APPLIED TO LEVY
Total Fiscal Year 2023-2024 Direct and Administrative Expenses $377 $1,683 $369 $682 $0 Capital Reserve Collection(5)/(Transfer) - Proposed $1,332 $0 $0 $205 $0 Operating Reserve Funds Collection/(Transfer) $0 $41 $476 $0 $0 Other Revenue / General Fund Collection/(Transfer) $0 $0 $0 $0 $0 Total Adjustments $1,332 $41 $476 $205 $0
BALANCE TO LEVY FISCAL YEAR 2023-2024: $1,708 $1,724 $844 $887 $0
DISTRICT STATISTICS
Total Parcels 1 4 2 8 8 Total Parcels Levied 1 4 2 8 8 Total Units 2.92 31.97 6.55 8 42.67 2023-2024: Levy Rate per Unit $585.09 $53.93 $128.89 $110.83 $0.00 2023-2024: Maximum Levy Rate per Unit (6) 647.70 $ 54.26$ 129.69$ 111.62$ 3,891.12$ Total Assessment Allowable $1,891.27 $1,734.85 $849.46 $892.93 $0.00 Prior Year 2022-2023: Levy Rate per Unit $562.58 $49.31 $117.85 $101.43 $0.00 Prior Year 2022-2023: Total Levy $1,642.74 $1,657.75 $811.75 $852.55 $0.00 DISTRICT FUNDS:
Estimated Reserve Fund Beginning Balance 7/1/2023 $415 $1,003 ($507) $540 $0 2023-2024: Reserve Fund Adjustments 0 41 476 0 0
Anticipated Reserve Balance 6/30/2024 $415 $1,045 ($31) $540 $0 Beginning CIP Fund Balance 7/1/2023 5,756 - - 1,022 - 2023-2024: CIP Fund Adjustments 1,332 0 0 205 0
Anticipated CIP Balance 6/30/2024 $7,088 $0 $0 $1,226 $0 Estimated Percentage of Improvements Maintained 100% 100% 100% 100% 0% HISTORICAL RATES:
Fiscal Year 2022-2023 $562.58 $49.31 $117.85 $101.43 $0.00 Fiscal Year 2021-2022 $540.99 $47.16 $112.67 $97.00 $0.00 Fiscal Year 2020-2021 $541.04 $45.32 $108.37 $93.27 $0.00 Fiscal Year 2019-2020 $520.34 $0.00 $0.00 $89.67 $0.00
Fiscal Year 2018-2019 $500.26 $0.00 $0.00 $0.00 $0.00
Fiscal Year 2017-2018 $481.14 $0.00 $0.00 $0.00 $0.00
Fiscal Year 2016-2017 N/A N/A N/A N/A N/A
Fiscal Year 2015-2016 N/A N/A N/A N/A N/A
Fiscal Year 2014-2015 N/A N/A N/A N/A N/A
Fiscal Year 2013-2014 N/A N/A N/A N/A N/A
Fiscal Year 2012-2013 N/A N/A N/A N/A N/A
Fiscal Year 2011-2012 N/A N/A N/A N/A N/A
Fiscal Year 2010-2011 N/A N/A N/A N/A N/A
Fiscal Year 2009-2010 N/A N/A N/A N/A N/A
Fiscal Year 2008-2009 N/A N/A N/A N/A N/A
Fiscal Year 2007-2008 N/A N/A N/A N/A N/A
Fiscal Year 2006-2007 N/A N/A N/A N/A N/A
Fiscal Year 2005-2006 N/A N/A N/A N/A N/A
Notes
(1) Fund Number 68-2405 consists of Districts 1, 2, 3, 4, 5 ,6 ,7 ,8 ,9, 9-1, 10, 11, 12, 13, 14, 15, 16, 17, 17-1 & 18.
(2) Fund Number 68-2407 consists of Districts 19, 19-1, 19-2, 19-3, 19-6, 19-7 & 19-10. (3) The levy rates for these Districts are not per Unit/parcel, but are apportioned per Unit as defined by each parcel's front footage.(4) Includes Guaranty Bank commercial site, Hemet Center for Medical Excellence, Tanya on Broadway, Commercial Center at Sanderson Ave. and Devonshire Ave., and The Promenade Shopping Center. (5) For the periodic repair/replacement of streetlights and related equipment. (6) There is an allowable 4% inflator applied to Maximum Levy Rate with exception to the Original Districts and Districts 101-102 and 104-105. Districts 101-102 and 104-107, 109, 112-113 have an inflator factor of the greater of 4% or the cumulative percentage increase in the consumer price index. (7) Dormant District
(8) The levy rates for this Commercial District is not per unit/parcel, but are apportioned per unit as defined by the parcel's front linear footage.
(9) District not levied for fiscal year 2020/21 due to improvements not being completed. (10) The levy rates for these Commercial Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's acreage.
Slight variances due to rounding.
12.B
DISTRICT DESCRIPTION Zanderson Plaza
CUP 19-015 Holiday
Inn Express
DISTRICT NO. 112 113 TOTAL
COUNTY FUND NO.
CITY ACCOUNT NO.
DIRECT EXPENSES
Street Lighting - Utilities 1,000 - $312,125 Labor Costs 303 - $107,700 Maintenance and Operations (Total) 41 - $600,096 Maintenance and Operations (Allocated) 1 - $200 Service Contract and Administration Costs (Effec FY 23-24) 40 - $49,276 Maintenance and Operations (District Specific) - - $550,620 Direct Expenses Subtotal $1,344 $0 $1,019,921
ADMINISTRATION EXPENSES
Personnel/Overhead (Net of Estimated Interest) $611 $0 $239,400 Professional Fees (Net of Estimated Interest) $69 $0 $25,500 Miscellaneous/County Fees $247 $0 $18,081
Administration Expenses Subtotal $927 $0 $282,981
COLLECTIONS/(CREDITS) APPLIED TO LEVY
Total Fiscal Year 2023-2024 Direct and Administrative Expenses $2,271 $0 $1,302,902 Capital Reserve Collection(5)/(Transfer) - Proposed $0 $0 ($66,717) Operating Reserve Funds Collection/(Transfer) $0 $0 $1,604 Other Revenue / General Fund Collection/(Transfer) $0 $0 $0 Total Adjustments $0 $0 ($65,112)
BALANCE TO LEVY FISCAL YEAR 2023-2024: $2,271 $0 $1,237,790
DISTRICT STATISTICS
Total Parcels 6 1 22,911 Total Parcels Levied 6 1 22,523 Total Units 26.99 5.57 1,033,487 2023-2024: Levy Rate per Unit $20.54
2023-2024: Maximum Levy Rate per Unit (6) $20.54 $118.95 Total Assessment Allowable $554.37 $0.00 $1,889,111
Prior Year 2022-2023: Levy Rate per Unit $0.00 $0.00
Prior Year 2022-2023: Total Levy $0.00 $0.00 $1,209,725 DISTRICT FUNDS:
Estimated Reserve Fund Beginning Balance 7/1/2023 $0 $0 2023-2024: Reserve Fund Adjustments 0 0
Anticipated Reserve Balance 6/30/2024 $0 $0
Beginning CIP Fund Balance 7/1/2023 - - 2023-2024: CIP Fund Adjustments 0 0
Anticipated CIP Balance 6/30/2024 $0 $0
Estimated Percentage of Improvements Maintained 100% 100% HISTORICAL RATES:
Fiscal Year 2022-2023 N/A N/A
Fiscal Year 2021-2022 N/A N/A
Fiscal Year 2020-2021 N/A N/A
Fiscal Year 2019-2020 N/A N/A
Fiscal Year 2018-2019 N/A N/A
Fiscal Year 2017-2018 N/A N/A
Fiscal Year 2016-2017 N/A N/A
Fiscal Year 2015-2016 N/A N/A
Fiscal Year 2014-2015 N/A N/A
Fiscal Year 2013-2014 N/A N/A
Fiscal Year 2012-2013 N/A N/A
Fiscal Year 2011-2012 N/A N/A
Fiscal Year 2010-2011 N/A N/A
Fiscal Year 2009-2010 N/A N/A
Fiscal Year 2008-2009 N/A N/A
Fiscal Year 2007-2008 N/A N/A
Fiscal Year 2006-2007 N/A N/A
Fiscal Year 2005-2006 N/A N/A
Notes
(1) Fund Number 68-2405 consists of Districts 1, 2, 3, 4, 5 ,6 ,7 ,8 ,9, 9-1, 10, 11, 12, 13, 14, 15, 16, 17, 17-1 & 18.
(2) Fund Number 68-2407 consists of Districts 19, 19-1, 19-2, 19-3, 19-6, 19-7 & 19-10. (3) The levy rates for these Districts are not per Unit/parcel, but are apportioned per Unit as defined by each parcel's front footage.(4) Includes Guaranty Bank commercial site, Hemet Center for Medical Excellence, Tanya on Broadway, Commercial Center at Sanderson Ave. and Devonshire Ave., and The Promenade Shopping Center. (5) For the periodic repair/replacement of streetlights and related equipment. (6) There is an allowable 4% inflator applied to Maximum Levy Rate with exception to the Original Districts and Districts 101-102 and 104-105. Districts 101-102 and 104-107, 109, 112-113 have an inflator factor of the greater of 4% or the cumulative percentage increase in the consumer price index. (7) Dormant District
(8) The levy rates for this Commercial District is not per unit/parcel, but are apportioned per unit as defined by the parcel's front linear footage.
(9) District not levied for fiscal year 2020/21 due to improvements not being completed. (10) The levy rates for these Commercial Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's acreage.
Slight variances due to rounding.
12.B
The following are descriptions of the District Budget line items:Operating Reserve Fund/Capital Reserve: Includes funds being added to the Reserve Account for the current fiscal year. The Reserve Account provides for collection by the District of funds to operate the District from the time period of July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills. The Reserve Account eliminates the need for the City to transfer funds from non-district accounts to pay for District charges during the first months of the fiscal year. The Capital Reserve includes repairs to the improvements and facilities that are not included in the yearly maintenance costs. This may include repair of damaged amenities due to vandalism, storms, etc. Also included may be planned upgrades or replacements of the improvements and equipment that provide a direct benefit to the District. Street Lighting: Includes electricity, materials and equipment required to properly operate, maintain, and service the authorized improvements and services within the Districts, including street lighting, safety lighting, and associated appurtenant facilities within the Districts. Labor Costs: Include regularly scheduled labor, contracted labor, and general maintenance costs including wages, salaries, and benefits required to properly maintain and ensure the satisfactory condition of the authorized improvements and services within the Districts. Personnel/Overhead: The cost to all particular departments and staff of the City for providing the coordination of District services, operations and maintenance of the improvements, response to public concerns and education, and procedures associated with the levy and collection of assessments. Professional Fees: These are the costs of contracting with professionals to provide services specific to the levy administration. Professional levy administration includes preparation of the Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Miscellaneous/County Fees: This item includes, but is not limited to, any additional administrative costs such as printing or reproductions. The County administration fee is the cost charged to the Districts by the County for the placement and collection of assessments on the property tax bills. Collection/(Transfer) Applied from/to District Funds/Reserve Fund: The District Funds/Reserve Fund reflects funds being added or deleted from the District Funds/Reserve Account for the current fiscal year. The Reserve Account provides for collection by the Districts of funds to operate the Districts from the time period of July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills.
12.B
Other Revenue/General Fund Contribution: This item includes additional funds designated for the Districts that are not from District assessments. These funds may be from either non-District or District sources including City General Fund Contributions and interest earnings. Balance to Levy: This is the total amount to be levied on the parcels within the Districts for the current fiscal year.
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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, AMENDING AND/OR
APPROVING THE ENGINEER’S REPORT FOR THE
EXISTING LANDSCAPE MAINTENANCE DISTRICTS
FOR FISCAL YEAR 2023-2024.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council has by previous resolutions ordered the preparation of the Engineer’s Report (hereafter referred to as the “Report”) for the Districts known as Landscape Maintenance Districts (hereafter referred to as the “Districts”) for the fiscal year commencing July 1, 2023 and ending June 30, 2024 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the “Act”); and
WHEREAS, there has been presented to this City Council the Report as required by Chapter 3, Section 22623 of said Act and as previously directed by resolution; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is satisfied with each of the items and documents as set forth therein and is satisfied that the levy has been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report.
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City of Hemet Resolution No. 2023-xxx
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.The above recitals are all true and correct.
SECTION 2.The report, as presented, consists of the following:
a) A description of the districts and improvements.
b) The annual budget (Costs and Expenses of Services, Operations, and Maintenance).
c) A description of the Method of Apportionment resulting in an assessment rate per unit of benefit for each said District for Fiscal Year 2023-2024.
d) A citywide diagram showing the exterior boundaries of the Districts. e) A listing of the proposed assessment for each Assessor’s Parcel Number within the Districts for Fiscal Year 2023-2024 which was filed under separate cover.
SECTION 3.The Report as presented (subject to modifications and amendments directed by the City Council at the public hearing) and is ordered to be filed in the Office of the City Clerk as a permanent record to remain open to public inspection
SECTION 4.That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute passage and adoption thereof in the records of the proceedings of the City Council of said City, and the minutes of the meeting shall so reflect the presentation and approval of the Report.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 11th day of July, 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 11th day of July, 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
12.B
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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, ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE EXISTING
LANDSCAPE MAINTENANCE DISTRICTS FOR FISCAL
YEAR 2023-2024.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council has by previous resolutions initiated proceedings for the Landscape Maintenance Districts, declared its intention to levy assessments for Fiscal Year 2023-2024, and approved the Fiscal Year 2023-2024 Engineer's Report (hereinafter referred to as the "Report") that describes the assessments against parcels of land within the Districts known as "Landscape Maintenance Districts" (hereafter referred to as the "Districts") for the fiscal year commencing July 1, 2022 and ending June 30, 2023 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, (commencing with Section 22500) (hereinafter referred to as the "Act") to pay for the maintenance and services of improvements and facilities related thereto; and WHEREAS, a Report has been prepared and filed with the City Clerk, and the City Clerk has presented to the City Council said Report in connection with the proposed levy and collection of assessments upon eligible parcels of land within the Districts and the City Council did by previous resolution approve such Report; and,
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City of Hemet Resolution No. 2023-xxx
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the Districts for the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay for the maintenance and services of improvements and facilities related thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Following notice duly given, the City Council has held a full and fair public hearing regarding the Districts, the levy and collection of assessments, the Report prepared in connection therewith, and considered oral and written statements, protests and communications made or filed by interested persons regarding these matters.
SECTION 2.Based upon its review of the Report (and amendments, as applicable), the City Council hereby finds and determines that:
a) The land parcels within the Districts will be benefited by the operation, maintenance and servicing of the improvements located within the boundaries of the Districts; and
b) The Districts include the parcels of land so benefited; and c) The net amount to be assessed upon the parcels of land within the Districts for the fiscal year commencing July 1, 2023 and ending June 30, 2024 is apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.
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City of Hemet Resolution No. 2023-xxx
SECTION 3.The Report and assessments as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.
SECTION 4.The maintenance, operation and servicing of the improvements shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made and maintained as set forth in the Report.
SECTION 5.City Council has appointed Harris & Associates for the purpose of assisting with the Annual Levy of the Districts, and is hereby authorized and directed to file the levy with the County Auditor upon adoption of this resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.
SECTION 6.The County Auditor of the County of Riverside shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
SECTION 7.The City Treasurer shall deposit money representing assessments collected by the County for the Districts to the credit of funds for the existing Landscape Maintenance Districts, and such money shall be expended only for the maintenance, operation and servicing of the improvements described in the Report.
SECTION 8.The adoption of this resolution constitutes the Districts’ levies for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 11th day of July, 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 11th day of July, 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
12.B
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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, AMENDING AND/OR
APPROVING THE ENGINEER’S REPORT FOR THE
EXISTING STREETLIGHT MAINTENANCE DISTRICTS
FOR FISCAL YEAR 2023-2024.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The City Council has by previous resolutions ordered the preparation of the Fiscal Year 2023-2024 Engineer’s Report (hereafter referred to as the “Report”) for the Districts known as Streetlight Maintenance Districts (hereafter referred to as the “Districts”) for the fiscal year commencing July 1, 2023 and ending June 30, 2024 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the “Act”) ; and
WHEREAS, there has been presented to this City Council the Report as required by Chapter 3, Section 22623 of said Act and as previously directed by resolution; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is satisfied with each of the items and documents as set forth therein and is satisfied that the levy has been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report.
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City of Hemet Resolution No. 2023-xxx
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.The above recitals are all true and correct.
SECTION 2.The report, as presented, consists of the following:
a) A description of the districts and improvements.
b) The annual budget (Costs and Expenses of Services, Operations, and Maintenance).
c) A description of the Method of Apportionment resulting in an assessment rate per unit of benefit for each said District for Fiscal Year 2023-2024.
d) A citywide diagram showing the exterior boundaries of the Districts. e) A listing of the proposed assessment for each Assessor’s Parcel Number within the Districts for Fiscal Year 2023-2024 which was filed under separate cover.
SECTION 3.The Report as presented (subject to modifications and amendments directed by the City Council at the public hearing) and is ordered to be filed in the Office of the City Clerk as a permanent record to remain open to public inspection
SECTION 4.That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute passage and adoption thereof in the records of the proceedings of the City Council of said City, and the minutes of the meeting shall so reflect the presentation and approval of the Report.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 11th day of July, 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 11th day of July, 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
12.B
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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, ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE EXISTING
STREETLLIGHT MAINTENANCE DISTRICTS FOR
FISCAL YEAR 2023-2024.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council has by previous resolutions initiated proceedings for the Streetlight Maintenance Districts, declared its intention to levy assessments for Fiscal Year 2023- 2024, and approved the Fiscal Year 2023-2024 Engineer's Report (hereinafter referred to as the "Report") that describes the assessments against parcels of land within the Districts known as "Streetlight Maintenance Districts" (hereafter referred to as the "Districts") for the fiscal year commencing July 1, 2023 and ending June 30, 2024 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, (commencing with Section 22500) (hereinafter referred to as the "Act") to pay for the maintenance and services of improvements and facilities related thereto; and WHEREAS, a Report has been prepared and filed with the City Clerk, and the City Clerk has presented to the City Council said Report in connection with the proposed levy and collection of assessments upon eligible parcels of land within the Districts and the City Council did by previous resolution approve such Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the Districts for the fiscal year commencing July 1, 2023 and
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City of Hemet Resolution No. 2023-xxx
ending June 30, 2024 to pay for the maintenance and services of improvements and facilities related thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Following notice duly given, the City Council has held a full and fair public hearing regarding the Districts, the levy and collection of assessments, the Report prepared in connection therewith, and considered oral and written statements, protests and communications made or filed by interested persons regarding these matters.
SECTION 2.Based upon its review of the Report (and amendments, as applicable), the City Council hereby finds and determines that:
a) The land parcels within the Districts will be benefited by the operation, maintenance and servicing of the improvements located within the boundaries of the Districts; and
b) The Districts include the parcels of land so benefited; and c) The net amount to be assessed upon the parcels of land within the Districts for the fiscal year commencing July 1, 2023 and ending June 30, 2024 is apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.
SECTION 3.The Report and assessments as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.
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SECTION 4.The maintenance, operation and servicing of the improvements shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made and maintained as set forth in the Report.
SECTION 5.City Council has appointed Harris & Associates for the purpose of assisting with the Annual Levy of the Districts, and is hereby authorized and directed to file the levy with the County Auditor upon adoption of this resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.
SECTION 6.The County Auditor of the County of Riverside shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
SECTION 7.The City Treasurer shall deposit money representing assessments collected by the County for the Districts to the credit of funds for the existing Streetlight Districts, and such money shall be expended only for the maintenance, operation and servicing of the improvements described in the Report.
SECTION 8.The adoption of this resolution constitutes the Districts’ levies for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 11th day of July, 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 11th day of July, 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
12.B
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 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 June 27, 2023
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve the June 27, 2023, Regular City Council Meeting Minutes.
STRATEGIC PLAN INTEGRATION:
N/A
ATTACHMENT(S):
City Council Meeting - Jun 27 2023 - Minutes
13.A
MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, June 27, 2023
CLOSED SESSION – 6:30 P.M.
1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:30 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
Mayor Pro Tem Lilienthal
Council Member Peterson
Council Member Krupa
Council Member Kendrick
Absent:
Staff Present: City Manager Prestwich
City Attorney Graham
Deputy City Clerk Yoshida
3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Males asked for Public Comments; no one spoke.
Council recessed into Closed Session at 6:31 p.m.
4. DISCUSSION ITEM
13.A
4.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (1)
5. ADJOURNMENT OF CLOSED SESSION
REGULAR MEETING - 7:00 P.M.
6. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:13 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.
7. 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
Council Member Kendrick
Absent:
Staff Present: City Manager Prestwich
City Attorney Graham
Deputy City Clerk Yoshida
8. INVOCATION
Luis Herrejon gave the invocation.
9. PLEDGE OF ALLEGIANCE
Council Member Kendrick led the Pledge of Allegiance.
10. CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Graham stated the City Council provided settlement direction by consensus for Item 4.A on the Closed Session Discussion Items.
11. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for Public Comments, and the following citizens spoke: Richard Love, Terry Larned, George Schaefer, Kathye Caines, Pat Gregory, Stephany Estes, Robin Gilliland, Cindy Bakay, Steve Halen, Robby Carsone, T.J. Gobel, and Nick Jensen.
13.A
12. PUBLIC HEARINGS
12.A A Public Hearing for Resolution 2023-079, Pursuant to Government Code Sections 39560-39588, for Objections to the Proposed Weed Abatement on Private Property
Action:
Mayor Pro Tem Lilienthal inquired about enforcement of payment for those property owners who do not pay the invoices sent by the City of Hemet for weed abatement.
Mayor Males opened the Public Hearing.
Ann Smith inquired about the communication methods the Department of Life Safety and Fire Prevention uses to contact individuals listed on the weed abatement properties list, specifically to communities with primarily senior residents.
Mayor Males closed the Public Hearing.
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL
MEMBER PETERSON CARRIED 5-0, to open a Public Hearing and take testimony, if any, for objections to Resolution 2023-079, Declaring Public Nuisance by Virtue of Weed Growth and/or Accumulation of Rubbish, Debris, and/or Dirt on Private Property Pursuant to Government Code Sections 39560-39588, adopted at the Regular City Council Meeting on May 23, 2023.
12.B Extension of an Adopted Urgency Ordinance No. 2000 of the Council of the City of Hemet Establishing Interim Temporary Emergency Sleeping Cabins Ordinance to Extend to June 28, 2024
Action:
Javier Lopez and Sonia Lemus spoke on behalf of Valley Restart Shelter to support the interim urgency Ordinance extension.
The City Council inquired about the screening process for Valley Restart Shelter’s emergency sleeping cabins, security for the shelter location, occupancy of the units, inaccuracies regarding the point-and-time count, and the expansion of additional shelters on location. Mayor Males also specifically inquired about the usage of vouchers from the County of Riverside towards the Valley Restart Shelter sleeping cabins instead of hotels in the Hemet area.
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Mayor Males opened the Public Hearing.
Ann Smith spoke in favor of the emergency shelters and the interim urgency ordinance extension.
Mayor Males closed the Public Hearing.
MOTION BY COUNCIL MEMBER PETERSON, SECOND BY COUNCIL
MEMBER PETERSON CARRIED 5-0, to open the Public Hearing and take testimony, if any; and, adopt Extension of an Adopted Urgency Ordinance No. 2000 of the Council of the City of Hemet Establishing Interim Temporary Emergency Sleeping Cabins Ordinance to Extend to June 28, 2024, with an amendment to the Point-and-Time County to reflect the actual 2023 numbers of sheltered and unsheltered individuals; and, to direct staff to review the City of Hemet Building Code Amendments which would allow double occupancy in the emergency sleeping cabins.
12.C A Resolution of the City Council of the City of Hemet, California, Confirming the Annual Report of Calendar Year 2022 Delinquent Solid Waste Handling Fees and Authorizing the Levy of Said Fees as a Special Assessment on the Riverside County Property Tax Roll Billing Action:
Mayor Males opened the Public Hearing.
No one spoke.
Mayor Males closed the Public Hearing.
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR
PRO TEM LILIENTHAL, CARRIED 5-0, to open a Public Hearing and take testimony, if any; and adopt Resolution 2023-097, a Resolution of the City Council of the City of Hemet, California, Confirming the Annual Report of Calendar Year 2022 Delinquent Solid Waste Handling Fees and Authorizing the Levy of Said Fees as a Special Assessment on the Riverside County Property Tax Roll Billing.
12.D A Resolution of the City Council of the City of Hemet, California, Adopting a Schedule of User and Regulatory Fees for Various City Services
Action:
Council Member Kendrick inquired about the when the last comprehensive fee update conducted, recommended notations to the fee schedule in certain sections to increase readability, and inquired about increases
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amongst initial and additional water/sewer and landscape plan review fees as compared to the previous fee amount in 2021.
Council Member Krupa inquired about new fees that are on the updated fee schedule.
Mayor Pro Tem Lilienthal inquired about waivers for fees for individuals who may not be able to afford the increased fees.
David Schroeder with ClearSource Financial Consulting provided additional commentary and addressed City Council questions regarding the fee schedule.
Mayor Males opened the Public Hearing.
No one spoke.
Mayor Males closed the Public Hearing.
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to open the Public Hearing and take testimony, if any; and adopt Resolution 2023-098, a Resolution of the City Council of the City of Hemet, California, Adopting a Schedule of User and Regulatory Fees for Various City Services.
13. CONSENT CALENDAR
Mayor Males moved item 14.F to be discussed before the consent calendar.
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO
TEM LILIENTHAL, CARRIED 5-0, to approve the Consent Calendar with the removal of Items 13.A, 13.B, 13.C, 13.D, 13.G, 13.H, 13.I, 13.J, 13.M,
13.N, and 13.O for separate consideration.
13.A Approval of the Regular City Council Meeting Minutes of June 13, 2023
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL
MEMBER PETERSON, CARRIED 4-0-1 (COUNCIL MEMBER
KENDRICK ABSTAINING), to approve the Regular City Council Meeting Minutes of June 13, 2023, as amended.
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13.B Second Reading and Adoption of Ordinance 2013, An Ordinance of the City Council of the City of Hemet, California, Acting in its capacity as the Legislative Body of City of Hemet Community Facilities District No. 2023-01 (Morgan Crossing), Authorizing the Levy of a Special Tax Therein
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR
PRO TEM LILIENTHAL, CARRIED 5-0, to waive full reading and adopt Ordinance 2013, an Ordinance entitled, An Ordinance of the City Council of the City of Hemet, California, Acting in its capacity as the Legislative Body of City of Hemet Community Facilities District No. 2023-01 (Morgan Crossing), Authorizing the Levy of a Special Tax Therein.
13.C A Resolution of the City Council of the City of Hemet, California, Adopting a List of Projects for FY 2023-2024 Funded by SB1: The Road Repair and Accountability Act of 2017
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR
PRO TEM LILIENTHAL, CARRIED 5-0, to adopt Resolution 2023-099, a Resolution of the City Council of the City of Hemet, California, Adopting a List of Projects for FY 2023-2024 Funded by SB1: The Road Repair and Accountability Act of 2017.
13.D A Resolution of the City Council of the City of Hemet, California, Authorizing the Award of a Purchase Order to Quinn Caterpillar for a Caterpillar Model 259D3 Compact Track Loader in the Amount of $135,427.21 and Authorizing the Finance Director to Record a Supplemental Appropriation in the Streets Equipment Replacement Fund 380-4200-5400 in the amount of $10,427.21 and Authorizing the City Manager to Execute Purchase Orders in Support of this Purchase Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR
PRO TEM LILIENTHAL, CARRIED 5-0, to adopt Resolution 2023-100, a Resolution of the City Council of the City of Hemet, California, Authorizing the Award of a Purchase Order to Quinn Caterpillar for a Caterpillar Model 259D3 Compact Track Loader in the Amount of $135,427.21 and Authorize the Finance Director to Record a Supplemental Appropriation in the Streets Equipment Replacement Fund 380-4200-5400 in the amount of $10,427.21 and Authorizing the City Manager to Execute Purchase Orders in Support of this Purchase.
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13.E A Resolution of the City Council of the City of Hemet, California, Awarding a Purchase Order in the Amount of $175,000.00 for Fiscal Year 2023/2024 for Pipeline Materials to Core and Main and Authorizing the City Manager to Execute the Purchase Order and Approve Change Orders up to 10% or $17,500
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO
TEM LILIENTHAL, CARRIED 5-0, to adopt Resolution 2023-101, a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Pipeline Materials to Core and Main in the Amount of $175,000.00 for Fiscal Year 23/24 and Authorizing the City Manager to Execute a Purchase Order (PO) in Support of the Award and Change Orders up to 10%.
13.F A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automotive and Truck Tires to Parkhouse Tire Inc., Utilizing NASPO ValuePoint Contracts #19102 and #19103 in the amount of $85,000, and Authorizing the City Manager to Execute All Documents Related to the Purchase Order
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO
TEM LILIENTHAL, CARRIED 5-0, to adopt Resolution 2023-102 a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automotive and Truck Tires to Parkhouse Tire Inc., Utilizing NASPO ValuePoint Contracts #19102 and #19103 in the amount of $85,000, and Authorizing the City Manager to Execute All Documents Related to the Purchase Order.
13.G A Resolution of the City Council of the City of Hemet, California, Accepting the FY2022 Assistance to Firefighters Grant (AFG) for four (4) programs; Confined Space Rescue training, Fire Investigator Program, Peer Support Team Program and an O2X Human
Performance Workshop in the Amount of $209,839.17, Approving the Use of Measure U Funds in the Amount of $20,983.92 for the Grant's Required 10% Match, and Authorizing the Finance Director to Increase Estimated Revenues by $209,839.17 and Appropriate Funds for the Training, Tuition, Contracts, and Overtime/backfill Action:
Council Member Kendrick inquired if the grant includes funding for overtime of staff for the programs outlined through the grant. Council Member Peterson echoed concerns from Council Member Kendrick regarding whether the grant includes funding for overtime, as required by federal mandates.
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MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR
PRO TEM LILIENTHAL, CARRIED 4-1 (COUNCIL MEMBER PETERSON VOTING NO), to adopt Resolution 2023-103, a Resolution of the City Council of the City of Hemet, California, Accepting the FY2022 Assistance to Firefighters Grant (AFG) for four (4) programs; Confined Space Rescue training, Fire Investigator Program, Peer Support Team Program and a O2X Human Performance Workshop in the Amount of $209,839.17, Approving the Use of Measure U Funds in the Amount of $20,983.92 for the Required Match, and Authorizing the Finance Director to Increase Estimated Revenues by $209,839.17 and Appropriate Funds for the training, tuition, contracts and overtime/backfill.
13.H A Resolution of the City Council of the City of Hemet, California, Declaring its Intention for the Levy and Collection of Assessments, Preliminarily Approving the Engineer's Report, and Appointing a Time and Place for a Public Hearing for the Existing Landscape Maintenance Districts for Fiscal Year 2023-2024
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL
MEMBER PETERSON CARRIED 5-0, to adopt Resolution 2023-104, a Resolution of the City Council of the City of Hemet, California, Declaring its Intention for the Levy and Collection of Assessments, Preliminarily Approving the Engineer's Report, and Appointing a Time and Place for a Public Hearing for the Existing Landscape Maintenance Districts for Fiscal Year 2023-2024.
13.I A Resolution of the City Council of the City of Hemet, California, Declaring its Intention for the Levy and Collection of Assessments, Preliminarily Approving the Engineer’s Report, and Appointing a Time and Place for a Public Hearing for the Existing Streetlight Maintenance Districts for Fiscal Year 2023-2024
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL
MEMBER PETERSON CARRIED 5-0, to adopt Resolution 2023-105, a Resolution of the City Council of the City of Hemet, California, Declaring its Intention for the Levy and Collection of Assessments, Preliminarily Approving the Engineer’s Report, and Appointing a Time and Place for a Public Hearing for the Existing Streetlight Maintenance Districts for Fiscal Year 2023-2024
13.J A Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Annual Levy of Assessments for the
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Existing Landscape Maintenance Districts for Fiscal Year 2023-2024 Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2023-106, a Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Annual Levy of Assessments for the Existing Landscape Maintenance Districts (LMD) for Fiscal Year 2023-2024.
13.K A Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Annual Levy of Assessments for Existing Streetlight Maintenance Districts for Fiscal Year 2023-2024 Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO
TEM LILIENTHAL, CARRIED 5-0, to adopt Resolution 2023-107, a Resolution of the City Council of the City of Hemet, California, Initiating Proceedings for the Annual Levy of Assessments for Existing Streetlight Maintenance Districts for Fiscal Year 2023-2024.
13.L A Resolution of the City Council of the City of Hemet, California, Accepting 2022/23 Grant Funding of $22,608 from the State of California, Department of Recycling Resources and Recovery, Through the 2022/2023 City/County Payment Program; and Authorize the Finance Director to Record Revenues to the Miscellaneous Recyclables (Account 110-0454) in the Amount of $22,608, and Record a Supplemental Appropriation of $22,608 in the Public Works Park Fund 110-4250-2801 for Eligible Funding Expenditures Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO
TEM LILIENTHAL, CARRIED 5-0, to adopt Resolution 2023-108, a Resolution of the City Council of the City of Hemet, California, Accepting 2022/23 Grant Funding of $22,608 from the State of California, Department of Recycling Resources and Recovery, Through the 2022/2023 City/County Payment Program; and Authorize the Finance Director to Record Revenues to the Miscellaneous Recyclables (Account 110-0454) in the Amount of $22,608, and Record a Supplemental Appropriation of $22,608 in the Public Works Park Fund 110-4250-2801 for Eligible Funding Expenditures.
13.M A Resolution of the City Council of the City of Hemet, California, Approving a Three-Year Agreement With a City-Held Option for Two One-Year Extensions for Janitorial Services Between the City of
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Hemet and Coastal Building Services Inc. for a Not to Exceed Amount of $167,703 per City Fiscal Year and Authorizing the City Manager to Execute the Agreement, Extensions and All Purchase Orders in Support of the Agreement
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL
MEMBER PETERSON, CARRIED BY CONSENSUS, to adopt Resolution 2023-109, a Resolution of the City Council of the City of Hemet, California, Approving a Three-Year Agreement With a City-Held Option for Two One- Year Extensions for Janitorial Services Between the City of Hemet and Coastal Building Services Inc. for a Not to Exceed Amount of $167,703 per City Fiscal Year and Authorizing the City Manager to Execute the Agreement, Extensions and All Purchase Orders in Support of the Agreement.
13.N A Resolution of the City Council of the City of Hemet, California, a Second Amendment to the Professional Services Agreement with Rogers, Anderson, Malody & Scott LLP (RAMS) for Finance Director Services for a Contract Amount Not to Exceed a total of $119,950.80, Authorizing the City Manager to Execute the Agreement for the FY 2022-23 and Authorizing the Finance Director to Establish Additional Appropriations of $9,950.80
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO
TEM LILIENTHAL, CARRIED 5-0, to adopt Resolution 2023-110, a Resolution of the City Council of the City of Hemet, California, Approving a Second Amendment to the Professional Services Agreement with Rogers, Anderson, Malody & Scott LLP (RAMS) for Finance Director Services for a Contract Amount Not to Exceed total of $119,950.80, authorizing the City Manager to Execute the Agreement for the FY 2022-23 and authorizing the Finance Director to establish additional appropriations of $9,950.80.
13.O A Resolution of the City Council of the City of Hemet, California, Approving an Amended Purchase Order with Robert Half International through June 30, 2023 to increase funding for supplemental Information Technology staffing in the amount of $43,000 for a total amended purchase order amount of $92,999; Authorize the Finance Director to transfer vacancy savings in the amount of $43,000 from Software/Salaries & Wages account 680-1933-1100 to
Systems/Professional-Specialized Services account 680-1935-2710; Authorize the Finance Director to generate an amended purchase order for supplemental Information Technology staffing with Robert Half International for a total amended amount of $92,999; and Authorize the City Manager to Execute Purchase Orders, and all
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Other Supporting Documents Related to this Agreement
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO
TEM LILIENTHAL, CARRIED 5-0, to adopt Resolution 2023-111, a Resolution of the City Council of the City of Hemet, California, Approving an Amended Purchase Order with Robert Half International through June 30, 2023, to increase funding for supplemental Information Technology staffing in the amount of $43,000 for a total amended purchase order amount of $92,999; Authorize the Finance Director to transfer vacancy savings in the amount of $43,000 from Software/Salaries & Wages account 680-1933-1100 to Systems/Professional-Specialized Services account 680-1935-2710; Authorize the Finance Director to generate an amended purchase order for supplemental Information Technology staffing with Robert Half International for a total amended amount of $92,999; and Authorize the City Manager to Execute Purchase Orders, and all Other Supporting Documents Related to this Agreement.
14. DISCUSSION - ACTION ITEMS
14.A A Resolution of the City Council of the City of Hemet, California, Approving the Three Year Agreement for Services between the City of Hemet and the 9th Shield Incorporated in the amount of $267,960 and Authorizing the City Manager to Approve all documents related to the Agreement
Action:
Mayor Males expressed concern for the upcoming Hemet Skate Park and the potential options to have additional security measures for the area.
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL
MEMBER PETERSON, CARRIED 5-0, to adopt Resolution 2023-112, a Resolution of the City Council of the City of Hemet, California, Approving the Three Year Agreement for Services between the City of Hemet and the 9th Shield in the Amount of $267,960 and Authorizing the City Manager to Approve All Documents Related to the Agreement; and, consider options for potential enhanced security measures at the Gibbel Park Skate Plaza; and, to direct staff to research and develop Hemet Skate Park specific security measures to be brought back for discussion at the August 11, 2023, Regular City Council Meeting.
14.B A Resolution of the City Council of the City of Hemet, California, Approving the Professional Service Agreement with Ramona Humane Society (RHS) to Provide Animal Control Services for the City of Hemet for a Period of Three (3) Months: July, August and September 2023 in an amount not to exceed $249,783 and Authorize the City
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Manager to Execute Documents Required to Fulfill the Agreement Action:
MOTION BY COUNCIL MEMBER PETERSON, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2023-113, a Resolution of the City Council of the City of Hemet, California, Approving the Professional Service Agreement with Ramona Humane Society (RHS) to Provide Animal Control Services for the City of Hemet for a Period of Three (3) Months: July, August and September 2023 in an amount not to exceed $249,783 and Authorize the City Manager to Execute Documents Required to Fulfill the Agreement.
14.C A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Enter an Agreement with City Net for Street Outreach and Engagement Services and Authorize the Finance Director to Establish a Supplemental Appropriation in Support of this Program
Action:
Mayor Males expressed concern regarding the efficiency of City Net and the need for additional measures to deter homelessness, such as increased Police presence, partnership with local organizations, and discussing possible limitations on hotel vouchers used in the City of Hemet for homeless individuals.
The City Council inquired about flexibility regarding the scheduling of City Net case managers to accommodate for peak hours of homeless individuals traveling and the questions asked to homeless individuals to find out more information on the person and which type of program/assistance option is the best choice. The City Council also inquired about homeless shelters produced and maintained by City Net, basing the discussion on the temporary housing shelters maintained by City Net in Chula Vista.
Council Member Kendrick inquired about the full-time employee staffing amounts in the staff report and contract with City Net for option one and option two.
City Net regional representatives and case managers addressed questions and concerns from the City Council.
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO
TEM LILIENTHAL, CARRIED 3-1-1 (COUNCIL MEMBER KENDRICK
VOTING NO AND MAYOR MALES ABSTAINING), to adopt Resolution 2023-114, a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Enter an Agreement with City Net for Street Outreach and Engagement Services and Authorize the Finance
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Director to Establish a Supplemental Appropriation in Support of this Program, utilizing option two: street outreach and engagement plus emergency shelter/bridge housing, seven-day coverage.
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to continue the City Council meeting past 10:00 p.m.
14.D Proposed Fiscal Year 2023-24 Budget
Action:
MOTION BY COUNCIL MEMBER PETERSON, SECOND BY MAYOR
PRO TEM LILIENTHAL, CARRIED 5-0, to adopt Resolution 2023-115, a Resolution of the City Council of the City of Hemet, California, Adopting the Budget and Approving Appropriations For the Fiscal Year Commencing July 1, 2023, and Ending June 30, 2024, with the amendment to restore the Police and Fire Department’s equipment replacement fund using one-time use of General Fund Balance instead of Measure U Fund Balance, in the total amount of $865,700; and, approve the FY 2023-24 Annual Budget; and, receive and file the Measure U Citizen Oversight Committee's letter of support for the proposed FY 2023- 24 Measure U Budget with recommended changes, and direct staff to bring back the item to the next City Council meeting, increasing the City's General Fund Reserve Policy to 40 percent.
14.E 2023 City Council Subcommittee Assignments
Action:
Mayor Males continued this item to the next City Council meeting on July 11, 2023.
14.F An Ordinance of the City Council of the City of Hemet, California, Amending Section 18-128(h) "Conduct of Games" of the Hemet Municipal Code to Increase the Maximum Prize Amount for Charitable Bingo Games to $500
Action:
Mayor Males moved item 14.F to be discussed before the consent calendar.
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO
TEM LILIENTHAL, CARRIED 5-0, to waive full reading and introduce by title only an Ordinance of the City Council of the City of Hemet, California,
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Amending Section 18-128(h) "Conduct of Games" of the Hemet Municipal Code to Increase the Maximum Prize Amount for Charitable Bingo Games to $500.
16. CITY COUNCIL AND STAFF REPORTS
No reports were given.
18. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 11:41 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on July 11, 2023.
APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
Brandon Yoshida
Mayor Deputy City Clerk
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 2023
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Second Reading and Adoption of Ordinance 2014, an Ordinance of the City Council of the City of Hemet, California, Amending Section 18 -128(h) "Conduct of Games" of the Hemet Municipal Code to Increase the Maximum Prize Amount for Charitable Bingo Games to $500
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Waive full reading and adopt Ordinance 2014, an Ordinance of the City Council of the City of Hemet, California, Amending Section 18-128(h) "Conduct of Games" of the Hemet Municipal Code to Increase the Maximum Prize Amount for Charitable Bingo Games to $500.
ANALYSIS:
The Hemet Municipal Code currently provides in Section 18 -128 that the maximum prize for a single game of charitable bingo shall not exceed $250, while state law (Penal Code Section 326.5) has been amended to authorize charitable bingo games up to a maximum of $500. This has caused a situation where the City's municipal code is more strict than state law. It is anticipated that increasing the maximum amount under the City's municipal code to correspond to state law will reduce confusion as to what the appropriate maximum amount is while also encouraging higher participation in charitable bingo games.
PREVIOUS COUNCIL ACTION:
At the June 27, 2023, Regular City Council Meeting, the item passed by the following vote:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 5-0, to Waive full reading and introduce by title only an Ordinance of the City Council of the City of Hemet, California, Amending Section 18 -128(h) "Conduct of Games" of the Hemet Municipal Code to Increase the Maximum Prize Amount for Charitable Bingo Games to $500.
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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.
ATTACHMENT(S):
Attachment 1: Bingo Ordinance
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00092214.1 - 1 -
HEMET ORDINANCE NO. XXX
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CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, AMENDING SECTION 18-128(h)
“CONDUCT OF GAMES” OF THE HEMET MUNICIPAL
CODE TO INCREASE THE MAXIMUM PRIZE AMOUNT
FOR CHARITABLE BINGO GAMES TO $500
WHEREAS, the Hemet Municipal Code currently provides in Section 18-128 that the maximum prize for a single game of charitable bingo shall not exceed $250; WHEREAS, California Penal Code 326.5 permits a maximum prize for a single game of charitable bingo of up to $500;
WHEREAS, the City Council desires to ensure local regulations align with the state provisions by amending Section 18-128 of the Hemet Municipal Code; WHEREAS, increasing the maximum prize amount for charitable bingo games to $500 could encourage higher participation in these games within the City of Hemet and subsequently enhance fundraising capabilities of local charities;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council determines that the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. Municipal Code Amendment.
Subsection (h) of Section 18-128 of the Hemet Municipal Code is hereby amended to read as follows: “The total value of prizes awarded during the conduct of any bingo games shall not exceed the amount authorized by California Penal Code Section 326.5(n), as that section may be amended from time to time.”
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00092214.1 - 2 -
HEMET ORDINANCE NO. XXX
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SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. Publication. The City Clerk is authorized and directed to cause this Ordinance to be published in any manner authorized by law.
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
PASSED, APPROVED AND ADOPTED this ____ day of ______, 2023. _____________________________________
JOE MALES, MAYOR
ATTEST:
________________________________
JOHN MAIER, CITY CLERK
APPROVED AS TO FORM:
________________________________
STEVEN GRAHAM, CITY ATTORNEY
13.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 2023
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Accounting Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
An Ordinance of the City Council of the City of Hemet, California, Amending Section 2-452 of the Hemet Municipal Code to Increase the General Fund Reserve Minimum Balance From 20 Percent to 40 Percent
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Waive full reading and introduce for first reading an Ordinance of the City Council of the City of Hemet, California, Amending Section 2 -452 of the Hemet Municipal Code to Increase the General Fund Reserve Minimum Balance.
BACKGROUND:
Section 2-452 of the Reserve Fund Balance Requirements Ordinance was introduced and first read on April 8, 2014, and had its second reading at the regular meeting of the Hemet City Council on April 22, 2014, in which the Ordinance was passed.
ANALYSIS:
The Hemet Municipal Code currently provides in Section 2 -450 that the purpose of Division 7 is to enable the City to engage in realistic long-term planning, assist in development of annual budgets, and to guide the City in prudent use of resources an d to maintain sound fiscal management policies. This Division 7 aims to assist the City in achieving the following objectives:
1. Build adequate reserves.
2. Establish sound fiscal reserve policies.
3. Help the City to reach its short-term and long-term financial obligations.
4. Establish a periodic review of the City's fund balances and reserves..
5. Enhance the City's credit rating.
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To achieve these purposes and objectives, the City will establish a reserve fund balance account that will allow for funding of emergencies, contingencies, liabilities and planned major capital projects. The goal is to maintain adequate financial reserves so that in times of economic downturns and annual revenue fluctuations, the City can continue to provide essential City services and meet expenditure obligations.
DISCUSSION:
On May 24, 2023, a budget workshop was held for Fiscal Year 2023-24 Budget. During this workshop Council requested Staff to come back with options to incr ease the current reserve requirement from 20% to 30% or 40%.
On June 27, 2023, the Fiscal Year 2023 -24 Budget was brought to Council for adoption and was presented with estimated options for 30% and 40% reserves.
It was unanimously decided that Council would like to proceed with a 40% reserve requirement which is being presented in this Ordinance amendment.
The increase to 40% reserve requirement will go into effect with the fiscal year ending June 30, 2023.
PREVIOUS COUNCIL ACTION:
April 8, 2014 the Ordinance was introduced and first read.
April 22, 2014 the Ordinance had its second reading and was passed.
May 24, 2023 Council requested options with increasing the Ordinance from 20% reserve to 30% and 40% reserve.
June 27, 2023 Council chose moving forward with establishing a 40% reserve.
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.
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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:
At the close of the fiscal year ending June 30, 2023, 40% of General Fund expenditures, exclusive of Measure U, will be categorized as Committed - Economic Stabilization Reserve of Fund Balance.
ATTACHMENT(S):
Reserve Fund Balance Requirements Ordinance
13.C
CITY COUNCIL ORDINANCE NO. XXXX
CITY OF HEMET
Hemet, California
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, AMENDING
SECTION 2-452 OF THE HEMET MUNICIPAL
CODE TO INCREASE THE GENERAL FUND
RESERVE MINIMUM BALANCE
WHEREAS, to ensure adequate fiscal resources and stable delivery of City services during emergency events or severe economic downturns the City Council has previously established a General Fund Reserve Minimum of 20%; and,
WHEREAS, the City Council has determined that it is in the public interest to increase the General Fund Reserve Minimum to 40% of General Fund Expenditures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET HEREBY ORDAINS AS FOLLOWS:
SECTION 1: That Section 4-452 of the Hemet Municipal
Code shall be amended to read as follows:
Sec. 2-452. - General fund reserves.
The city will maintain spendable and unrestricted general fund reserves equaling at least 40 percent of current general fund expenditures. Expenditures of funds generated by the "City of Hemet Transactions and Use Tax Ordinance" in chapter 74, article V of this Code shall not be considered "general fund expenditures" for the purpose of calculating this reserve requirement. Use of these reserves is allowable only when one of more of the following conditions exist:
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CITY COUNCIL ORDINANCE NO. XXXX
(1) The city council has declared the
existence of either an "emergency"
or "fiscal emergency";
(2) Funds are to be set aside for the
purpose of stabilizing the delivery of
city services during periods of
operational budget deficits resulting
from the conditions as described in
the definition above "economic
stabilization";
(3) Other reserve designations. The city
council may at any time designate
specific fund balance levels for future
development of one-time projects
which it has determined to be in the
best long-term interests of the city.
SECTION 2: SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3: EFFECTIVE DATE.
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CITY COUNCIL ORDINANCE NO. XXXX
This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 4: PUBLICATION.
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c).
INTRODUCED at the regular meeting of Hemet City Council on this 11th day of July 2023
APPROVED AND ADOPTED this ________ day of
______________ 2023.
____________________________
Joe Males, Mayor
ATTEST:
__________________________
John Paul Maier, City Clerk
13.C
CITY COUNCIL ORDINANCE NO. XXXX
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 11 th day of July, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Paul Maier, City Clerk
13.C
13.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 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 the City’s Classification and Compensation Plan for Employee Salary Ranges
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt the Resolution of t he City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges.
BACKGROUND:
State regulations for public employers require disclosure of position classifications and corresponding compensation. To ensure compliance and for even greater transparency, the City of Hemet City Council has previously adopted and updated the City’s Classification and Compensation Plan for Employee Salary Ranges (Salary Schedule), a document that includes a list of City employment positions and their corresponding compensation ranges.
The Salary Schedule allows members of the public to see what any given position would be paid. It is important to note that this document is strictly a resource document of available employment positions, as the positions listed may not necessarily be budgeted or funded in any given fiscal year. Historically, City Council approves each budgeted job classification and its corresponding salary range in its annual budget.
ANALYSIS:
The attached Salary Schedule accounts for the changes that have occurred through classification additions and updates. The Salary Schedule as presented reflects the following changes:
13.D
• Salary range adjustment of three percent (3%) for all MOU-represented and Resolution-covered employees, effective the first full pay period after July 1, 2023; • Addition of the Deputy Public Works Director/Assistant City Engineer classification title and salary range; and
• Addition of the Economic Development Manager classification title and salary range.
The additions and updates to the Salary Schedule are noted within the salary schedule itself. The addition of a classification to the salary schedule does not automatically create an authorized vacancy.
Requests to fill vacancies need to follow all applicable personnel rules, Memorandum of Understanding (MOU) terms, and resolutions.
DISCUSSION:
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 upd ates to position titles, requirements, and/or salary ranges will be addressed separately and follow any and all applicable guidelines pursuant to the Meyers-Milias-Brown Act.
PREVIOUS COUNCIL ACTION:
Council approved the prior update of the Salary Schedule on April 25, 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 4: Increase employee retention by training and creating a positive workplace.
ALTERNATIVE(S):
There is no fiscal impact for this action. All proposed additions and adjustments are accounted for in the approved FY 23/24 budget.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1: Resolution - Salary Schedule - July 11, 2023 Attachment 2: Salary by Position 07.01.2023_ms
13.D
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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 FOR EMPLOYEE SALARY
RANGES
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
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 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
13.D
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City of Hemet Resolution No. 2023-xxx
WHEREAS, the addition of a classification to the salary schedule does not automatically create an authorized vacancy and requests to fill vacancies need to follow all applicable personnel rules, MOU terms, and resolutions; and WHEREAS, Council approves the amendment to the City’s Classification and Compensation Plan for Employee Salary Ranges.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Approval of the Salary Schedule with the following updates:
1) Salary range adjustment of three percent (3%) for all MOU-represented and Resolution-covered employees, effective the first full pay period after July 1, 2023.
2) Addition of the Deputy Public Works Director/Assistant City Engineer classification title and salary range.
3) Addition of the Economic Development Manager classification title and salary range.
SECTION 4. The effective date of this amendment will be the date of approval of this Resolution, July 11, 2023.
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City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 11th day of July, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
13.D
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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 11th day of July, 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
13.D
13.D
Salary Schedule by Position
Effective July 10, 2023
Approved by Council July 11, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Accountant SEIU 52 $4,845 $5,087 $5,342 $5,609 $5,889 $6,037 $6,187 Accounting Manager MC 36 $8,409 $8,829 $9,271 $9,734 $10,221 $10,732 $11,268 Accounting Technician I SEIU 37 $3,344 $3,511 $3,687 $3,871 $4,065 $4,166 $4,270 Accounting Technician II SEIU 43 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Accounting Technician III SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Administrative Assistant HMMA 21 $4,649 $4,882 $5,126 $5,382 $5,651 $5,934 Administrative Services Director AW ASD $12,437 $13,059 $13,712 $14,397 $15,117 $15,873 $16,667 Assistant Civil Engineer SEIU 64 $6,516 $6,642 $6,974 $7,323 $7,689 $7,881 $8,078 Assistant Planner SEIU 53 $4,966 $5,215 $5,475 $5,749 $6,037 $6,187 $6,342 Associate Planner HMMA 29 $5,664 $5,947 $6,245 $6,557 $6,885 $7,229 Assistant to the City Manager MC 36 $8,409 $8,829 $9,271 $9,734 $10,221 $10,732 $11,268 Battalion Chief AW BC $10,711 $11,247 $11,809 $12,399 $13,019 Building Inspector I SEIU 47 $4,283 $4,497 $4,722 $4,958 $5,206 $5,336 $5,469 Building Inspector II SEIU 51 $4,726 $4,962 $5,211 $5,471 $5,745 $5,888 $6,035 Building Technician I SEIU 42 $3,785 $3,975 $4,173 $4,382 $4,601 $4,716 $4,834 Building Technician II SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 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 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 Code Enforcement Officer I SEIU 43 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Code Enforcement Officer II SEIU 48 $4,390 $4,609 $4,840 $5,082 $5,336 $5,469 $5,606
06.30.2023MS City of Hemet Salary Schedule Last Approved: 04.25.2023
13.D
Salary Schedule by Position
Effective July 10, 2023
Approved by Council July 11, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Communications and Events Coordinator MC 32 $7,617 $7,998 $8,398 $8,818 $9,259 $9,721 $10,208 Community Development Director AW CDD $11,815 $12,406 $13,026 $13,677 $14,361 $15,079 $15,833 Community Services Officer HNSPEA 33 $3,819 $4,010 $4,210 $4,421 $4,642 $4,874 Council Member - Elected E ELE $645.67/mo
Crime Scene Technician HNSPEA 41 $4,656 $4,889 $5,134 $5,390 $5,660 $5,943 Cross Connection Spec/CSR SEIU 48 $4,390 $4,609 $4,840 $5,082 $5,336 $5,469 $5,606 Customer Service and Accounting Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Customer Service Representative SEIU 41 $3,691 $3,876 $4,070 $4,273 $4,487 $4,599 $4,714 Deputy City Clerk MC 14 $4,883 $5,127 $5,383 $5,653 $5,935 $6,232 $6,544 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 Deputy Public Works Director / Assistant City Engineer AW DPW $9,950 $10,448 $10,970 $11,518 $12,094 $12,699 $13,333 Economic Development Analyst MC 25 $6,409 $6,729 $7,066 $7,419 $7,790 $8,180 $8,589 Economic Development Manager MC 43 $9,705 $10,190 $10,700 $11,235 $11,796 $12,386 $13,005 Emergency Services Coordinator HMMA 26 $5,260 $5,523 $5,800 $6,090 $6,394 $6,714 Engineering Technician I SEIU 45 $4,076 $4,280 $4,494 $4,719 $4,955 $5,078 $5,205 Engineering Technician II SEIU 50 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Environmental Compliance Coordinator HMMA 33 $6,252 $6,565 $6,893 $7,238 $7,599 $7,979 Equipment Maintenance Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Equipment Mechanic SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Executive Analyst HMMA 32 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 Executive Analyst MC 23 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 $8,174 Executive Assistant HMMA 25 $5,132 $5,388 $5,658 $5,941 $6,238 $6,550 Executive Assistant - Confidential MC 16 $5,132 $5,388 $5,658 $5,941 $6,238 $6,550 $6,877 Facilities Maintenance Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596
06.30.2023MS City of Hemet Salary Schedule Last Approved: 04.25.2023
13.D
Salary Schedule by Position
Effective July 10, 2023
Approved by Council July 11, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Facilities Technician SEIU 52 $4,845 $5,087 $5,342 $5,609 $5,889 $6,037 $6,187 Facility Services Aide SEIU 33 $3,030 $3,182 $3,341 $3,508 $3,683 $3,776 $3,870 Finance Director AW FIN Annual salary $145,530
Fire Captain HFFA 3 $7,622 $8,003 $8,403 $8,823 $9,265 $9,728 $10,214 Fire Chief AW FC $15,035 $15,787 $16,576 $17,405 $18,275 $19,189 $20,148 Fire Engineer HFFA 2 $6,315 $6,631 $6,962 $7,310 $7,676 $8,060 $8,463 Fire Prevention Officer HFFA 200 $5,451 $5,723 $6,009 $6,310 $6,625 $6,957 $7,305 Firefighter HFFA 1 $5,519 $5,795 $6,084 $6,389 $6,708 $7,043 Firefighter/Paramedic Trainee HFFA 100 $4,139
GIS Specialist SEIU 53 $4,966 $5,215 $5,475 $5,749 $6,037 $6,187 $6,342 Housing Program Specialist SEIU 50 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Human Resources Analyst MC 32 $7,617 $7,998 $8,398 $8,818 $9,259 $9,721 $10,208 Human Resources Manager MC 36 $8,409 $8,829 $9,271 $9,734 $10,221 $10,732 $11,268 Human Resources Technician MC 16 $5,132 $5,388 $5,658 $5,941 $6,238 $6,550 $6,877 Information Technology Specialist I HMMA 26 $5,260 $5,523 $5,800 $6,090 $6,394 $6,714 Information Technology Specialist II HMMA 28 $5,526 $5,803 $6,093 $6,398 $6,717 $7,053 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 $6,569 $6,897 $7,242 $7,604 $7,985 $8,384 Lead Equipment Mechanic SEIU 50 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Lead Maintenance Worker SEIU 43 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Lead Tree Trimmer SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Lead Water Distribution Sys. Oper SEIU 45 $4,076 $4,280 $4,494 $4,719 $4,955 $5,078 $5,205 Librarian HMMA 21 $4,649 $4,882 $5,126 $5,382 $5,651 $5,934 Library Aide, Temporary On-Call n/a $15.50 $16.28 $17.09 $17.94 $18.84 (Hourly rates)
06.30.2023MS City of Hemet Salary Schedule Last Approved: 04.25.2023
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Salary Schedule by Position
Effective July 10, 2023
Approved by Council July 11, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Library Assistant I SEIU 32 $2,958 $3,106 $3,261 $3,424 $3,595 $3,685 $3,777 Library Assistant II SEIU 38 $3,428 $3,600 $3,780 $3,969 $4,167 $4,271 $4,378 Library Associate I SEIU 42 $3,785 $3,975 $4,173 $4,382 $4,601 $4,716 $4,834 Library Associate II SEIU 45 $4,076 $4,280 $4,494 $4,719 $4,955 $5,078 $5,205 Library Page SEIU 15 $2,812 $2,952 $3,100 $3,255 $3,418 $3,503 $3,591 Literacy Coordinator PT SEIU 42 $21.84 $22.93 $24.07 $25.28 $26.54 (Hourly rates) $27.20 $27.88 Maintenance Aide I - TPT n/a ccy $15.50 $16.28 $17.09 $17.94 $18.84 (Hourly rates) Maintenance Worker I SEIU 36 $3,264 $3,427 $3,599 $3,778 $3,967 $4,067 $4,168 Maintenance Worker II SEIU 39 $3,515 $3,691 $3,875 $4,069 $4,272 $4,379 $4,489 Management Analyst MC 25 $6,409 $6,729 $7,066 $7,419 $7,790 $8,180 $8,589 Management Assistant HMMA 28 $5,526 $5,803 $6,093 $6,398 $6,717 $7,053 Media and Intelligence Analyst HMMA 32 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 Office Specialist - Confidential HMMA 5 $3,132 $3,289 $3,453 $3,626 $3,807 $3,997 Office Specialist I SEIU 28 $2,812 $2,952 $3,100 $3,255 $3,418 $3,503 $3,591 Office Specialist II SEIU 32 $2,958 $3,106 $3,261 $3,424 $3,595 $3,685 $3,777 Office Specialist III SEIU 36 $3,264 $3,427 $3,599 $3,778 $3,967 $4,067 $4,168 Parks Maintenance Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Payroll/Human Resources Specialist MC 18 $5,391 $5,661 $5,944 $6,241 $6,553 $6,881 $7,225 Planning Technician SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Police Cadet HNSPEA CAD $15.97 $16.76 $17.60 $18.48 $19.41 (Hourly rates) Police Captain HPMA 3 $12,428 $13,049 $13,702 $14,387 $15,106 $15,862 Police Corporal HPOA 54 $9,081 $9,535 $10,011
Police Investigator HPOA 52 $7,098 $7,453 $7,826 $8,217 $8,628 $9,060 $9,513 Police Lieutenant HPMA 2 $11,297 $11,862 $12,455 $13,078 $13,732 $14,419 Police Officer HPOA 50 $6,453 $6,776 $7,115 $7,471 $7,844 $8,236 $8,648
06.30.2023MS City of Hemet Salary Schedule Last Approved: 04.25.2023
13.D
Salary Schedule by Position
Effective July 10, 2023
Approved by Council July 11, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Police Officer-Trainee HPOA 49 $4,840
Police Personnel & Training Coordinator MC 14 $4,883 $5,127 $5,383 $5,653 $5,935 $6,232 $6,544 Police Sergeant HPMA 1 $9,416 $9,886 $10,381 $10,900 $11,445 $12,017 Principal Accountant MC 24 $6,252 $6,565 $6,893 $7,238 $7,600 $7,980 $8,378 Principal Engineer HMMA 51 $9,752 $10,239 $10,751 $11,289 $11,853 $12,446 Principal Planner HMMA 44 $8,204 $8,614 $9,045 $9,497 $9,972 $10,471 Procurement Administrator HMMA 34 $6,410 $6,731 $7,067 $7,420 $7,791 $8,181 Program Coordinator - Office of Violence Prevention MC 15 $5,006 $5,256 $5,519 $5,795 $6,085 $6,389 $6,708 Property & Evidence Technician HNSPEA 36 $3,816 $4,007 $4,208 $4,418 $4,639 $4,871 Public Information Social Media Officer HMMA 39 $7,251 $7,614 $7,995 $8,394 $8,814 $9,255 Public Safety Dispatch Supervisor HMMA 34 $6,410 $6,731 $7,067 $7,420 $7,791 $8,181 Public Safety Dispatcher HNSPEA 38 $5,323 $5,589 $5,868 $6,162 $6,470 $6,793 Public Safety Dispatcher - On Call n/a $39.20 (Per hour) Public Safety Office Specialist HNSPEA 30 $3,327 $3,494 $3,669 $3,852 $4,045 $4,247 Public Safety Operator HNSPEA 33 $3,819 $4,010 $4,210 $4,421 $4,642 $4,874 Public Safety Support Services Manager HMMA 44 $8,204 $8,614 $9,045 $9,497 $9,972 $10,471 Public Works Director/City Engineer AW PWE $14,583 $14,984 $15,396 $15,819 $16,255 Public Works Inspector I SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Public Works Inspector II SEIU 50 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Public Works Operations Manager HMMA 47 $8,834 $9,275 $9,739 $10,226 $10,737 $11,274 Senior Building Inspector SEIU 58 $5,618 $5,899 $6,194 $6,504 $6,829 $7,000 $7,175 Senior Librarian HMMA 26 $5,260 $5,523 $5,800 $6,090 $6,394 $6,714 Senior Planner HMMA 36 $6,733 $7,070 $7,424 $7,795 $8,185 $8,594 Senior Public Works Inspector SEIU 58 $5,618 $5,899 $6,194 $6,504 $6,829 $7,000 $7,175 Streets Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596
06.30.2023MS City of Hemet Salary Schedule Last Approved: 04.25.2023
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Salary Schedule by Position
Effective July 10, 2023
Approved by Council July 11, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Tree Trimmer SEIU 42 $3,785 $3,975 $4,173 $4,382 $4,601 $4,716 $4,834 Water Dist Sys Oper I SEIU 36 $3,264 $3,427 $3,599 $3,778 $3,967 $4,067 $4,168 Water Dist Sys Oper II SEIU 41 $3,691 $3,876 $4,070 $4,273 $4,487 $4,599 $4,714 Water Production Systems Oper. I SEIU 43 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Water Production Systems Oper. II SEIU 48 $4,390 $4,609 $4,840 $5,082 $5,336 $5,469 $5,606 Water Quality & Conserv. Spec. SEIU 49 $4,499 $4,724 $4,960 $5,208 $5,469 $5,605 $5,745 Water/Waste Water Superintendent HMMA 43 $8,004 $8,404 $8,825 $9,266 $9,729 $10,216 Water/Waste Water Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Number of Authorized Titles 133
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 3% salary range adjustment for MOU-represented and Resolution-covered employees and additions of Deputy Public Works Director / Assistant City Engineer and Economic Development Manager titles and salary ranges.
06.30.2023MS City of Hemet Salary Schedule Last Approved: 04.25.2023
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 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 the New Position of Economic Development Manager
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the new position of Economic Development Manager.
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 (FY), departments request new positions and revisions to existing positions based on a variety of factors including staffing structure, funding, and project support. For Fiscal Year (FY) 2023/24, the City Manager requested an Economic Development Manager position to proactively pursue and support enhancement of citywide economic development efforts. The position is included in the FY 2023/24 budget and replaces an existing but vacant Economic Development Analyst position.
The City’s Economic Development function is not currently assigned to one department or division, but has historically been part of the Community Development Department due to the nature of the work performed by the department. The addition of an Economic Development Manager position will formally
13.E
establish Economic Development as a division of the Community Development Department. The focus of this position will be program management to modernize the City’s Economic Development efforts in partnership with the Community Development Director. This position will be the point -of-contact for all of the City’s Economic Development projects while managing the City’s business attraction and retention efforts. This position will also serve as a liaison 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 Manager position are as follows:
• Education: Bachelor Degree in Business Administration, Public Administration, Urban Studies, Planning, or a related field. Master Degree highly desirable. • development, economic in experience responsible years Five Experience: progressively community development, and business development. Public sector experience highly desirable. • Certified Economic Developer distinction is highly desirable.
Based on a market base salary survey, the proposed salary range for the Economic Development Manager position is as follows:
• $9,705 - $13,005 monthly / $116,460 - $156,060 annually
The Economic Development Manager classification is a full -time benefitted position covered by the Management/Confidential Resolution and is not subject to meet and confer procedures pursuant to the Meyers-Milias-Brown Act (MMBA).
DISCUSSION:
With the establishment of this position within the City’s structure, the City will be better suited to advancing economic development efforts and facilitating commercial/industrial development.
PREVIOUS COUNCIL ACTION:
Council previously approved the addition of an Economic Development Analyst position.
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 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.
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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 ser vices.
Objective 3: Develop programs to offer support to the community's businesses
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
The proposed position is included in the adopted FY 2023/24 budget.
ALTERNATIVE(S):
Council may choose to approve the proposed position. Alternat ively, Council may choose to further examine this proposed position addition.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Resolution - Economic Development Manager
Job Description - Economic Development Manager
13.E
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 THE
NEW POSITION OF ECONOMIC DEVELOPMENT
MANAGER
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, for FY 23/24, the Community Development
Department has requested as Economic Development Manager position which will better support overall organizational structure to help streamline and improve functions across the department and the City as a whole; and
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City of Hemet Resolution No. 2023-xxx
WHEREAS, the proposed position addition is a result of the City’s current state and the support network needed to continue to achieve Council’s Strategic Goals; and
WHEREAS, Council approves the amendment to the City’s
Classification and Compensation Plan to include the new position of Economic Development Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
SECTION 1. The new position of Economic Development
Manager with a salary range of $116,460 - $156,060 annually is approved.
SECTION 2. This resolution shall take effect immediately.
13.E
City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 11th day of
July, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
13.E
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 11th day of July, 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
13.E
13.E
CITY OF HEMET
Class Code: XXXX Date Adopted: 07/11/2023
ECONOMIC DEVELOPMENT MANAGER
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, manages, plans, organizes, directs, and participates 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 major 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 overseeing 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. The incumbent works under the direction of the Community Development Director in developing strategic short- and long-range planning for the City's economic growth.
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:
Contributes to and participates in developing, and maintaining Economic Development goals, objectives, policies and priorities; aligns and coordinates Economic Development goals and work programs with adopted Citywide programs, policies and priorities.
Implements and manages major Economic Development and business retention, expansion and attraction projects, including commercial and industrial development in the City.
Provides responsible staff assistance to the Community Development Director; prepare and present staff reports and other necessary correspondence.
Conducts a variety of organizational studies, investigations, and operational studies; recommends modifications to economic development programs, policies, and procedures as appropriate.
Prepares and manages complex Economic Development policy and program activities and budgets.
Recommends and manages expenditures within the budget, and prepares resolutions and staff reports.
Develops and implements public relations and marketing programs and materials to communicate and promote the City to prospective businesses through trade shows, publications, and exhibits. Researches and maintains a variety of information regarding properties, economic interest, environmental and land planning data within the City and provides this information to interested parties.
Markets and promotes the City to various business and development interests; contacts companies and businesses to attract them to the City.
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Class Code: xxxx Economic Development Manager
Serves as a liaison for economic development with other City departments, divisions, and outside agencies; negotiate and resolve significant and controversial issues.
Participates on a variety of boards and commissions; attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of economic development.
May write grant applications for federal or state loan programs.
Prepares and maintains data records and reports.
Responds to and resolves difficult and sensitive inquiries and complaints.
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: Five (5) 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
13.E
Class Code: xxxx Economic Development Manager
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.
13.E
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 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 the New Position of Deputy Public Works Director/Assistant City Engineer
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the new position of Deputy Public Works Director/Assistant City Engineer.
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 (FY), departments request new positions and revisions to existing positions based on a variety of factors including staffing structure, funding, and project support. For FY 2023/24, the City Manager requested a Deputy Public Works Director/Assistant City Engineer position to better support department leadership and engineering needs, including coordination with the Community Development Department on development review. The Deputy Public Works Director position replaces an existing Principal Engineer position.
13.F
The City’s Public Works Department encompasses multiple divisions carrying out and maintaining vital City processes and infrastructure. Currently, the Public Works Director / City Engineer oversees the Administration, Engineering, Equipment Maintenance, Pa rks, Streets, and Water divisions. With a department of this size and importance, it is critical that daily tasks, ongoing projects, and emergency tasks are consistently completed timely and accurately. The addition of the Deputy Director position will allow for greater oversight and enhanced span of control over the entire department. This will allow for greater support on multiple complex projects as well as day-to-day operations of the department.
The proposed qualifications of the Deputy Director position are as follows:
• Education: Bachelor Degree in Civil Engineering, Public Administration, or a related field. Master Degree is highly desirable.
• Experience: Five years of progressively responsible experience in public works operations, including three years of supervisory experience.
• Incumbent will be required to hold a valid certificate of Registration as a Civil Engineer by the State of California Board for Professional Engineers and Land Surveyors.
Based on a market base salary survey, the proposed salary range for the Deputy Director position is as follows:
• $9,950 - $13,333 monthly / $119,400 - $159,996 annually
The Deputy Public Works Director / Assistant City Engineer classification is a designated At -Will full- time benefitted position and is n ot subject to meet and confer procedures pursuant to the Meyers - Milias-Brown Act (MMBA).
DISCUSSION:
The new position being proposed is a result of the City’s current state and the support network needed to enhance focus on development review and achievement of Council’s Strategic Goals and Action Items. With the establishment of this key position 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.
PREVIOUS COUNCIL ACTION:
Council has not previously voted on this proposed position addition.
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.
13.F
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 2: Develop concepts and programs to enhance the quality of life services.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
The proposed position is included in the adopted FY 2023/24 budget.
ALTERNATIVE(S):
Council may choose to approve the proposed position addition. Alternatively, Council may choose to further examine this proposed position addition.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Resolution - Deputy Public Works Director/Assistant City Engineer Job Description - Deputy Public Works Director/Assistant City Engineer
13.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 AN
AMENDMENT TO THE CITY’S CLASSIFICATION
AND COMPENSATION PLAN TO INCLUDE THE
NEW POSITION OF DEPUTY PUBLIC WORKS
DIRECTOR/ASSISTANT CITY ENGINEER
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, for FY 23/24, the Public Works Department has
requested a Deputy Public Works Director/Assistant City Engineer position which will better support overall organizational structure to help streamline and improve functions across the department and the City as a whole; and
13.F
City of Hemet Resolution No. 2023-xxx
WHEREAS, the proposed position addition is a result of the City’s current state and the support network needed to continue to achieve Council’s Strategic Goals; and
WHEREAS, Council approves the amendment to the City’s
Classification and Compensation Plan to include the new position of Deputy Public Works Director/Assistant City Engineer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
SECTION 1. The new position of Deputy Public Works
Director/Assistant City Engineer with a salary range of $119,400 - $159,996 annually is approved.
SECTION 2. This resolution shall take effect immediately.
13.F
City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 11th day of
July, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
13.F
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 11th day of July, 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
13.F
13.F
CITY OF HEMET
Class Code: XXXX
Date Adopted: 07/11/2023
DEPUTY PUBLIC WORKS DIRECTOR / ASSISTANT CITY ENGINEER
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
Under general direction, organizes, manages, and coordinates all activities of the Public Works Department, including the major divisions of parks, streets, refuse, sewer, storm drains, water, equipment maintenance, facilities maintenance, traffic engineering, construction management, major capital improvement projects, and land development programs; serves as the Assistant City Engineer; coordinates assigned activities with other divisions, outside agencies and the general public; provides highly responsible and complex staff assistance to the Public Works Director/City Engineer; performs other related duties as required.
DISTINGUISHING CHARACTERISTICS
This position reports to the Public Works Director/City Engineer and assists in managing and coordinating the operation of the entire Public Works Department, assisting the Director in the full range of professional engineering duties, and substituting for the Director in his/her absence.
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:
Assists and participates in managing Public Works Department services and activities, including the maintenance and operations of City streets, fleets, facilities, parks, water and wastewater collection, storm water and drainage, landscapes, and engineering projects.
Supports the Director in representing the Public Works/Engineering Department before the City Council, boards, commissions and other governmental bodies on extremely controversial items; on behalf of the Director, recommends and explains Public Works/Engineering Department policies to the City Manager, board members, commission members, community groups, and the general public; maintains liaison with federal, state, and local agencies that govern public works activities.
Serves as the Assistant City Engineer for engineering matters with other agencies, consultants, developers, and contractors. Oversees and coordinates engineered plans for all City projects; oversees the administration of all major city construction projects; reviews all construction contract change orders and consultant extra services.
Participates in the development and administration of the departmental budget; reviews budget proposals of each division; participates in the preparation of reports on the budgetary and staffing requirements of proposed policies and projects.
Selects and evaluates Public Works/Engineering Department employees with Director concurrence; assigns projects and coordinates work of subordinates; takes corrective action on significant employee relations problems with Director concurrence.
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Class Code: xxxx Deputy Public Works Director / Assistant City Engineer
Participates in developing long-range plans for the Public Works/Engineering Department, based upon an analysis of the needs and interest of the community, projected future demands, capacity of facilities, and funding opportunities; supervises the development and implementation of capital programs.
Manages, compiles, oversees, and assists in developing the City's CIP program.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
Principles, practices and challenges of public administration; municipal finance, budgeting, contract administration; principles and practices of supervision, personnel administration; federal, state and local laws and regulations pertaining to City and Public Works Department operations; civil engineering design theory, principles and practices and their application to a wide variety of modern public works facility and system construction including streets, drainage, traffic, surveying and mapping.
Ability to:
Perform a broad range of supervisory responsibilities; evaluate technical information and statutes and arrive at valid recommendations based on data; administer a comprehensive capital improvement program; interpret and apply federal, state and local policies, procedures, laws and regulations; prepare and administer budgets; elicit cooperation of and effectively supervise others in directing complex projects; communicate effectively verbally and in writing; establish, maintain and foster positive working relationships with those contacted in the course of work.
MINIMUM QUALIFICATIONS
Education: Bachelor's degree from an accredited college in Civil Engineering, Public Administration, or a related field. A Master's degree is highly desirable.
Experience: Five (5) years of progressively responsible experience in the public works operations and engineering field, including three (3) years of supervisory experience.
CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS License: Possession of a valid certificate of Registration as a Civil Engineer issued by the State of California Board for Professional Engineers and Land Surveyors.
Possession of, or ability to obtain, a valid and appropriate California driver’s license and a satisfactory driving record.
Additional licenses that are highly desirable are Registered Land Surveyor, Traffic Engineer, and Geotechnical Engineer.
13.F
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 2023
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Eddie Pust, Police Chief;
☐ 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 an Agreement for Services Between the City of Hemet and Flying Lion, Inc. in an Amount not to Exceed $125,000 for Remote Pilot in Control and Consult ation Services in Support of the Hemet Police Department Drone as a First Responder Program
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 an Agreement for Services Between the City of Hemet and Flying Lion, Inc. in an Amount not to Exceed $125,000 for Remote Pilot in Control and Consultation Services in Support of the Hemet Police Department Drone as a First Responder Program.
BACKGROUND:
The Hemet Police Department has operated a drone program since 2017. Initially, these small remotely controlled unmanned aircraft were used to support pre -planned tactical missions. They provided the involved personnel the ability to live stream video for enhanced situational awareness. While drones were extremely effective at increasing safety margins for citizens and public safety officials alike, they also assisted on-scene supervision in managing critical incidents that pose high liability risks to the city.
As technology improved, Hemet Police Department staff began investigating how this emerging technology can be used to deliver better service to Hemet's residents, businesses, and visitors.
Through this process, t he opportunity was identified to place police drones in the hands of on -duty patrol officers to be deployed at a moment's notice in support of any police operation that may arise.
These patrol drones are still in use today and assist with police functions including: searching buildings, rooftops and large open areas for people involved in criminal activity, searching for missing people, and supporting officers involved in foot pursuits. These drones proved to be a fast and efficient way to clear large areas.
13.G
Aided by high quality cameras that include thermal imaging, flood lights, and speakers, the presence of police drones were effective in assisting police employees in clearing calls for service expeditiously.
This resulted in saving staff time and allowing officers and professional staff to move on to other tasks quickly. Realizing the potential of drone programs, the Hemet Police Department worked with Flying Lion, Inc. to launch the first Drone as a First Responder (DFR) program in Riverside Coun ty. Unlike deploying drones from the trunk of a police vehicle, a DFR program is designed to respond to calls from service from a fixed location. This DFR program was advertised publicly and officially launched on April 17, 2023, to test its effectiveness and gauge the level of community acceptance.
Since testing began, the DFR program and partnership with Flying Lion, Inc. has exceeded all expectations. Flying Lion, Inc. quickly obtained all necessary Federal Aviation Administration required authorizations and waivers, provided consultants to assist staff in developing policies and procedures governing the drone program, and partnered in flying hundreds of drone missions.
ANALYSIS:
During the testing phase of the DFR program, the City established several evaluation criteria. These included examining if the City of Hemet would have a use volume large enough to justify the program, if a DFR program could reduce overall response times, if it could potentially reduce City liability and increase safety margins for citizens and public safety employees, and if a DFR program could have a positive fiscal impact on the department.
Prior to conducting actual test flights, analytics related to call volume were reviewed to determine the best days of the week and hours of the day to conduct drone flights. Thi s data made it clear that the busiest days of the week for the police department are Monday through Thursday during the hours of 10:00 AM to 8:00 PM. Based off these findings, the drone teams were scheduled to work a 4/10 schedule mirroring the busiest days and times. Furthermore, the Hemet Police Department utilized the current police records management system (RMS) to monitor analytical statistics related to the use of the police drone through the Drone as a First Responder program. Special call dispos itions were created so officers and dispatchers could accurately document when and where the drone was used to include the type of calls the drone was deployed to.
Using RMS analytical tools, staff found that during the testing phase (April 17, 2023 - June 28th, 2023) the Hemet Police Department employees conducted 14,953 police related activities. Of those, the drone responded to 599 police incidents or 4% of all police related activities. To put this into perspective, the Patrol Team 1 Beat 1 office r (P11) participated in 473 police related activities during that same time period. Over the 599 responses, the police drone had an average response time of
2.97 minutes while patrol officers had an average response time of 6.88 minutes. This represents a measurement of travel time between the time a call is assigned up until the time of arrival and combines response times across all priority types.
In terms of safety and liability issues, the DFR program has proven to be an important tool in adding to the safety margin while offering mechanisms to reduce city liability. Although these concepts can be difficult to quantify and harder to associate a cost, there are many examples where the DFR program assisted in reducing the possibility of injury to offi cers and community members alike. These include:
locating three firearms discarded by suspects, locating drugs and other items of contraband dropped by suspects prior to the arrival of officers, locating suspects fleeing from officers on foot, and clearin g a large over grown field for a suspect who was believed to be armed. In addition to general safety improvements, the drone has been credited in reducing the potential for City liability related to critical incidents. The DFR program has allowed police supervision to monitor vehicle pursuits through live streaming video to ensure officers are giving due regard to the safety of the community, assessing
13.G
traffic collisions through live video to reduce the number of police personnel responding with lights and sirens thereby reducing the possibility of accidents, and clearing commercial roof tops eliminating the need to put police personnel on tall ladders avoiding the potential for injury.
Lastly, the DFR program has demonstrated the ability to create cost savings for the police department.
Throughout the testing period, the drone was used to clear specific calls for service without ever sending a patrol officer. Strict conditions and circumstances were established to determine which calls were eligible to be cleared by the drone without further police intervention. These included calls involving non-violent incidents where the reporting party did not require personal contact. In all, the drone has cleared 138 police calls for service without the need to send any other resource.
After compiling a list of all calls cleared by the DFR program without a traditional officer response, staff noticed that trespassing, suspicious circumstances, and extra patrols were the three most common call types. These three calls types are also three of the top ten call types handled by Hemet Police Officers.
When assessing the time it took for a drone to clear these calls and comparing that to the average time it took an officer to clear the same call types under simila r circumstances, staff found that the DFR program cleared the calls much faster. Using this comparison to establish an average savings of staff time, and using the total number of those specific calls during the last full calendar year (2022), there is a potential annual savings of $69,152 in employee salary costs alone.
It is important to mention that while the DFR program is a police department program, it has flown missions of support for other City departments. During the testing period, the drone was made available to the Fire Department to assist in the response to fires and Public Works to document the damage caused by the Fairview Fire.
By all measures, the DFR program has met all evaluation criteria and is recognized as an important tool in delivering the excellent service the community has come to expect from the Hemet Police Department.
DISCUSSION:
The Hemet Police Department operat es the DFR program under a Certificate of Authorization (COA) issued by the Federal Aviation Administration (FAA). The COA grants the Hemet Police Department permission to operate drones in support of public safety efforts and establishes rules that govern drone use. One component of the FAA COA is a waiver authorizing the Hemet Police Department to operate its drone up to two miles beyond visual line of sight (BVLOS). As of May 2023, the Hemet Police Department was one of only 20 law enforcement agencie s in the United States to have obtained this wavier from the FAA.
All Hemet Police Drones are remotely operated by Hemet Police Officers from inside the Police Department. Within the BVLOS waiver, the FAA mandates that any drone flight extending beyond the visual line of sight of the remote pilot must be observed by a remote pilot in control (RPIC). This RPIC actively monitors the open airspace around the drone's flight path at all times and alerts the teleoperating pilot of any potential hazards or takes control of the drone in the event of an emergency.
During the testing period, this RPIC position was staffed through a contract with Flying Lion, Inc. The contracted RPIC is a licensed Part 107 Pilot by the FAA and is an expert in the field of drone technology.
This expertise helps the RPIC maintain the drone between flights and trouble shoot technical issues that arise.
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Flying Lion, Inc. charges $54.86 per hour for contracted RPIC services during daytime operations and $64.68 per hour for night operations. Day and night hours are set by the FAA and vary by month.
Although overtime and holiday rates are listed in the contract, the Hemet Police Department will ensure no Flying Lion, Inc. contracted employee works beyond their scheduled hours. A ll holidays will be excluded from the schedule as well to avoid any additional costs. Using these rules, the total RPIC costs are anticipated to be approximately $114,000 for Fiscal Year (FY) 2023/24.
In addition to staffing the RPIC position, Flying L ion, Inc. has assisted the Hemet Police Department with the Federal permitting process and has been instrumental in developing our DFR program. Staff anticipates the need to continue consulting services through Flying Lion, Inc. into FY 2023/24. There are additional FAA waivers that the Police Department will be pursuing, including a wavier granting the use of two drones simultaneously by a single remote pilot. This is a wavier that is not commonly issued by the FAA and requires expert assistance. Flying Lion, Inc. will also be helping staff further draft drone policy that covers all operations, safety, and privacy concerns and protections for Hemet's community members. Flying Lion, Inc. charges $275 per hour for consulting services. The police department has requested $11,000 (40 hours) to be reserved for these services as needed throughout FY 2023/24.
The FY 2023/24 contract with Flying Lion, Inc. will allow the Hemet Police Department to continue DFR operations from one location, 40 hours a week by providing a RPIC and making consulting services and equipment rentals available as needed. Staff will use FY 2023/24 to evaluate whether the use of current City staff as RPICs or creating a new position to fulfill that role could result in a cost savings. If it is determined that further cost savings could be realized, staff will work to provide the appropriate training with the goal of transitioning this service internally. Without this contract, the Hemet Police Department will have to discontinue the Drone as a First Responder program.
PREVIOUS COUNCIL ACTION:
On June 27, 2023 the Hemet City Council approved the annual budget for FY 2023/24. The police department included funding for this program within their budget including the proposed $125,000 agreement with Flying Lion, Inc.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
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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.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Flying Lion, Inc. services is requested under the Sole Source provision of Hemet Municipal Code 2 - 331(3) (see attached Sole Source justification letter).
Funding for the Drone as a First Responder Program was included in the FY 23/24 budget in the amount of $150,000.
Flying Lion, Inc. Contract 110-3003-5400 - $125,000
ALTERNATIVE(S):
There is no other current alternative to contracting for Remote Pilot in Control (RPIC) service from Flying Lion, Inc. If Council elects not to approve the contract, it will be necessary for the Hemet Police Department to discontinue the Drone as a First Responder program
ATTACHMENT(S):
Resolution DFR 23_24
5-30-2023 - Hemet PD - Flying Lion - AGREEMENT FOR SERVICES (ongoing DFR) Hemet PD COA April 023 suas COA 2023-WSA-12237-COA 03292023 6-28-2023 - Flying Lion - Hemet Sole Source Justification
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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 AN AGREEMENT
FOR SERVICES BETWEEN THE CITY OF HEMET
AND FLYING LION, INC. IN AN AMOUNT NOT TO
EXCEED $125,000 FOR REMOTE PILOT IN
CONTROL AND CONSULTATION SERVICES IN
SUPPORT OF THE HEMET POLICE DEPARTMENT
DRONE AS A FIRST RESPONDER PROGRAM
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 and Flying Lion, Inc. entered into an agreement in April of 2023 to initiate a Drone as a First Responder (DFR) test program, and
WHEREAS, the DFR testing resulted in 599 test flights
between April 17 th, 2023 and June 28 th, 2023 showing the value of such a program in making public safety service more effective and efficient, and
WHEREAS, the Hemet Police Department relies on Flying
Lion, Inc. to provide Remote Pilot in Control contract services to stay in compliance with the existing Federal Aviation Administrations (FAA) Certificate of Authorization granting the Hemet Police
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CITY COUNCIL RESOLUTION NO. 2023-XXX
Department permission to operate a drone beyond the visual line of sight of the pilot, and
WHEREAS, Flying Lion, Inc. has provided valuable
consultation services to establish the existing DFR program and is offering to continue consultation services to expand current FAA waivers and build policies and procedures that will govern the DFR program, and
WHEREAS, the City of Hemet and Flying Lion, Inc. desire to enter into an agreement to contract for remote pilot in in control and consultation service in an amount not to exceed $125,000 for FY 23/24.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HEMET DOES HEREBY FIND AND RESOLVE:
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 the
Agreement with
Flying Lion, Inc.,
attached hereto, and
b.The City Manager is
authorized and
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CITY COUNCIL RESOLUTION NO. 2023-XXX
directed to execute
the agreement 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 Manager, 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:
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CITY COUNCIL RESOLUTION NO. 2023-XXX
__________________________
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
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EXHIBIT A
Attachments
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AGREEMENT FOR SERVICES
By and Between
THE CITY OF HEMET,
a California municipal corporation
and
FLYING LION, INC.,
a California corporation
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AGREEMENT FOR
SERVICES BY AND
BETWEEN
THE CITY OF HEMET,
CALIFORNIA AND
FLYING LION, INC.
This Agreement for Services (“Agreement”) is entered into as of this 30th day of May, 2023 by and between the City of Hemet, a California municipal corporation (“City”) and Flying Lion, Inc., a California corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Hemet’s Municipal Cod e, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider 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 and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2024 commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
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(a) Scope of Services. Service Provider agrees to perform to the satisfaction of the City the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance . The Services shall be completed to the satisfaction of the City pursuant to the schedule specified in Exhibit “A .” Should the Services not be completed pursuant to that schedule, the Service Provider 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 Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider 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 w ork 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 Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual and reasonable expenses, shall not exceed one hundred twenty five thousand dollars ($125,000.00), unless additional compensation is approved in writing in acco rdance with Secti on 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each 2-weeks the Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding period. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equip ment 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 performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider 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 Service Provider for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within thirty (30) days of receipt of Service Provider’s correct
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and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’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 Service Provider’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 Service Provider 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 Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider 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 Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’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.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be
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maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’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) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider 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 Service Provider shall at all times be under Service Provider’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 Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider’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. Service Provider expressly waives any claim Service Provider may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to prope rly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service
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Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addit ion to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’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.
Service Provider 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. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider 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.
SECTION 12. NONDISCRIMINATION.
Service Provider 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 connect ion with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider 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 Service Provider 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, Service Provider hereby agrees to
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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) Service Provider 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 S ervice Provider’s performance of the Services. Service Provider 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 writ ten consent of the City Manager. Service Provider 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 Ser vice Provider 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. Service Provider 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 Service Provider 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 Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider 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.
Service Provider, its officers, employees, agents or subcontractors, shall not , without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(b) If Service Provider, or any officer, employee, agent or subcontract or of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Service Provider’s conduct.
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(c) Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for do cuments, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. 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 for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (in cluding liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (includin g liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, d efense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider.
(a) Indemnification from Subcontractors. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming t he Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider 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
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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 Service Provider and shall survive the termination of this Agreement or this section.
(b) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term “design professional,” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered prof essional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(c) City’s Negligence. The provisions of this section do not appl y 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.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider 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 Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub- contractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub -contractors, if any, assigned to perform
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the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, 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.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider 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 Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreeme nt.” Any failure on the part of the City to give notice of the Service Provider’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.
Service Provider 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 Service Provider. 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
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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 Service Provider i n 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 Service Provider: Flying Lion, Inc.
Attn: Barry Brennan
2514 Gates Ave.
Redondo Beach, CA 90278
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 Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider 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 amendm ents 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.
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This Agreement shall be binding upo n 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 Service Provider and by the City. The City M anager 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 a pproved 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 Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, cons trued 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. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the preva iling 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 a ttached 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 Service Provider 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.
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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 an d construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorpo rated by reference into this Agreement, the terms of this Agreement shall control.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
Mark Prestwich
City Manager
ATTEST:
John Paul Maier
City Clerk
APPROVED AS TO FORM
Steven Graham
City Attorney
SERVICE PROVIDER
Flying Lion Inc.
By:
Its:_President
By:
Its:
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EXHIBIT “A”
SCOPE OF SERVICES
DFR RPIC Staffing
Flying Lion will provide Remote Pilot in Command (RPIC) as mutually scheduled by Hemet Police Department with a minimum of 40 hours per week (weather permitting.) Consulting
Flying Lion can support your agency with any drone-related questions or projects via a consulting arrangement. Some items:
• Overall Department advice.
• Development of Department Documents (SOP, Emergency Procedures, etc.) • FAA Consulting
City’s Duties
1. City will provide UAS, batteries, controllers and all accessories.
2. City will provide all rooftop equipment including roof shelters, networking equipment, and any other hardware/software necessary to perform the job.
3. City will provide a safe and secure work environment for Contractor and Contractor’s staff.
4. City will provide aviation liability and UAS hull insurance coverage for all UASs being flown.
As the Department expands the DFR Program, Contractor/Service Provider shall staff additional hours, days and locations
I. Increased hours operation at Launch Site (8 to 24 hours per day) II. Expansion to additional sites
General Requirements
1) Any and all photographs, videos, data gathered, data analyzed, and reports generated shall be the sole property of the City.
2) Contractor/Service Provider shall be available to provide Drone Technicians (acting as a “Pilot in Command” of each aircraft) for a variety of law enforcement missions and flying City leased/owned aircraft.
Contractor/Service Provider Requirements
Provide Pilot in Command/Drone Technician staffing as described in this Agreement.
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1) Responsibilities of the Pilot in Command/Drone Technician:
• Ensure safety of drone flights
• Setup and takedown of drone equipment
• Daily coordination with members of the Department
• Daily minor drone maintenance
• Diagnose errors or technical problems and determine proper solutions • Document and communicate technical issues to CAPE engineers & DFR Program Manager or designee
2) Minimum Qualifications for Drone Technicians:
• Excited about working with new emerging technology
• Punctual and reliable
• Highly intelligent and able to communicate well over the phone and/or Police Department issued handheld radio
• Willing to perform repetitive tasks while sitting or standing for extended periods of time.
• Familiarity with computers, smartphones, and tablets
• Ability to lift up to 40 pounds
• Willing to work outdoors on rooftops, sand, heat, cold, etc. • Ability to learn and quickly adapt to changing technology • Ability to multi-task (i.e. when Department implements one-to-many flight requirements on PIC, FAA waiver pending)
• Ability to adapt to changing work schedules
• Able to pass a full background check
3) Mandatory Qualifications for Drone Technicians:
• 14 CFR Part 107 Remote Pilot Certification
• Experience with technology
• Familiarity with iOS devices
• Speak English
4) In order to support law enforcement operations by the Department, Contractor/Service Provider assigned “Pilot in Command” must pass a Flying Lion background check to work on missions. Contractor/Service Provider shall keep and maintain a list of current employees with current background checks eligible to work on public safety missions.
5) The missions may vary greatly as requested by the Department but are focused on emergency response to incidents (life/safety).
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6) These missions may be highly sensitive in nature and the Department requires the Contractor/Service Providers no divulge or discuss any missions outside of the Department or supervisors.
7) It will be the responsibility of the Department to comply with all federal, state, and/or local laws regarding the use of Unmanned Aerial Vehicles in support of law enforcement missions. The Department will not request the Contractor/Service Provider to violate any parts of 14 CFR Part 107, which may compromise the Contractor/Service Provider's ability to maintain the required FAA licenses.
8) Contractor/Service Provider shall not be held responsible for performing missions under the direction of law enforcement officials if those missions are deemed to have violated federal, state, or local laws. Contractor/Service Provider shall not violate any part of 14 CFR Part 91 or 107 in order to support law enforcement operations without written permission from the FAA. Contractor/Service Provider must notify the requesting law enforcement official immediately if they are asked to perform a mission, they know will violate 14 CFR Part 91 or 107 without permission from the FAA. 9) These missions may require the use of onboard specialized equipment in order to support the mission of the Department. Onboard specialized equipment which may be utilized includes but not limited to:
i. High definition cameras and video recording devices
ii. Infrared/Night vision cameras
10) Contractor/Service Provider shall provide certifications which provide proof that each proposed pilot is 14 CFR Part 107 Certified. Contractor/Service Provider is required to provide proof of certification and maintain all proper certifications during the entirety of the contract. Upon request, Contractor/Service Provider shall provide the most current certification to the requesting agency.
11) Contractor/Service Provider shall provide detailed information of all equipment they plan to use and their capabilities.
12) Contractor/Service Provider shall provide a single point of contact for all DFR operations & contract coordination.
13) Contractor/Service Provider shall work collaboratively with the Department, and at the Department direction, to perform to published equipment maintenance plans to ensure equipment operability in order to support service requests by the Department.
Contractor/Service Provider shall provide testing and recommendations for equipment, software and procedures to support the Department’s DFR program. Though the Contractor/Service Provider is expected to initially perform maintenance in collaboration with the Department, Contractor/Service Provider shall be capable of assuming the full maintenance operation themselves if directed by the Department.
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14) Contractor/Service Provider shall understand that they may be required to receive training from state or local emergency officials, or specific training related to DFR operations.
15) Contractor/Service Provider shall maintain and provide current certificates of insurance to the City.
16) Contractor/Service Provider shall be required to submit information requested by Department to support reports on flight & maintenance activity. Contractor/Service Provider shall provide the City with monthly Air Support activity reports. 17) Contractor/Service Provider and proposed pilots may be requested to perform interviews and flight qualification demonstration as directed by the Department. 18) Contractor/Service Provider’s proposed pilots shall be trained and certified on certain software/systems utilized by the Department.
19) All data produced under this program remains the property of the Department.
Contractor/Service Provider and proposed staff must ensure data is protected while being collected, transferred and stored.
20) Contractor/Service Provider and proposed pilots shall adhere to approved Certificates of Authorization.
21) Contractor/Service Provider and proposed pilots shall adhere to all current Policies & Procedures and Standard Operating Procedures as published by the Department relating to the DFR Program.
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EXHIBIT “B”
COMPENSATION
DFR RPIC Staffing Rates
Hourly Rate
i. RPIC Daylight Hours $ 54.86
ii. RPIC Daytime Overtime $ 82.29
iii. Nighttime $ 64.68
iv. RPIC Nighttime Overtime $ 97.02
v. Night-time Visual Observer (VO) $ 54.86
vi. Night-time Visual Observer (VO) Overtime $ 82.29 Non-Flight Rate - Due to adverse weather or equipment
failure (minimum of 5 hours compensation for any non-
flight day)
$ 54.86
Prices effective July 1, 2023 – Future renewals are subject to annual increase.
Notes:
• Nighttime Operational Hours based on chart below
• Overtime charged at 1.5x for time over 10 hours per shift per pilot • Represents only personnel cost, does not include drone hardware lease or any software subscriptions.
• Holiday Pay (1.5) for 6 Holidays per year - For the following national holidays, the hourly rates will be paid at time-and-a-half (1.5x) on the day observed: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
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Sunset to sunrise hours are outlined in the following table
Month Sunset Sunrise
January 5:00pm PST 7:00am PST
February 5:30pm PST 6:30am PST
March 6:00pm PST, 7:00pm PDT 6:00am PST, 7:00am PDT
April 7:30pm PDT 6:30am PDT
May 8:00pm PDT 6:00am PDT
June 8:00pm PDT 5:30am PDT
July 8:00pm PDT 6:00am PDT
August 8:00pm PDT 6:00am PDT
September 7:00pm PDT 6:30am PDT
October 6:30pm PDT 7:00am PDT
November 6:00pm PDT, 5:00pm PST 7:00am PDT, 6:00am PST
December 5:00pm PST 6:30am PST
Consulting ................................ ................................ ......... $275/hour
Payment Terms
Billed bi-weekly (every 2 weeks)
Payment Due: 30 days net
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FEDERALA VIATIONADMINISTRATION(FAA)CERTIFICATEOFW AIVERORAUTH 5IAIVUAK
ofthoseFederalrulesorregulationsspeci?callyreferredtoabove.ItdoesSPECIALPROVISIONS BYDIRECTIONOFTHEADMINISTRATORAEIE/l}l3E1_:‘l‘|):§:{g|1C(II7yADAM023032909:33:00 FAAWesternServiceArea AdamVetter(Region) (Signature)
March29,2023(Date)
LISTOFW AIVEDREGULATIONSBYSECTIONANDTITLE
SmallUnmannedAircraftSystemCOAPublicAgency Page1of72023-WSA-12237—COA ORIZATIONCCiofHemetPolice Part91ADDRESS450E.LathamAveHemet,CA92543Thiscerti?cateisissuedfortheoperationsspeci?callydescribedhereinafter.Nopersonshallconductanyoperationpursuanttotheauthorityofthiscerti?cate,exceptinaccordancewiththestandardandspecialprovisionscontainedinthiscerti?cate,andsuchotherrequirementsoftheFederalAviationRegulationsnotspeci?callywaivedbythiscerti?cate.OPERATIONSAUTHORIZEDOperationofsmallunmannedaircraftsystem(s)weighinglessthan55poundsandoperatingatspeedsoflessthan87knots(100milesperhour[mph])inClassGairspaceatorbelow400feetabovegroundlevel(AGL)inthevicinityofHemet,California,underthejurisdictionofSouthernCaliforniaTerminalRadarApproachControl(SCT),andMarchRadarApproachControl(RIV).SeeAttachment1. 14CFR91.113(b)beyondvisuallineofsight(BVLOS)(seeH.4.c.)Acopyoftheapplicationmadeforthiscerti?cateshallbeattachedandbecomeaparthereof.Thiscerti?cateshallbepresentedforinspectionupontherequestofanyauthorizedrepresentativeoftheFAAorofanystateormunicipalof?cialchargedwiththedutyofenforcinglocallawsorregulations.Theholderofthiscerti?cateshallberesponsibleforthestrictobservanceofthetermsandprovisionscontainedherein.4.Thiscerti?cateisnontransferableNote:Thiscerti?cateconstitutesawaivernotconstituteawaiverofanystatelaworlocalordinance.SpecialProvisionsAthrough1aresetforthonthereversesidehereof.Thiscerti?cateiseffectivefromMarch9.2023to andissubjecttocancellationatanytimeuponnoticebytheAdministratororhis/herauthorizedrepresentative. (Title)
FAAFORM77]1-1(7-74) VersionDate:December2021UASCOAAttachment
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SmallUnmannedAircraftSystemCOAPublicAgency Page2of72023-WSA-12237-COA l.Apublicaircraftoperationisdeterminedbystatutes49U.S.C.§40102(a)(4l)and§401252.Allpublicaircraft?ightsconductedunderaCOAmustcomplywiththetermsofthestatute.3.All?ightsmustbeconductedperthedeclarationssubmittedintheapplicationandasspecifiedinthefollowingStandard/SpecialProvisions.4.ThisCOAprovidesanalternatemeansofcomplyingwithTitle14CFR§9l.ll3(b)forunmannedaircraftoperations.5.AlloperationswillbeconductedincompliancewithTitle14CFR§91andtheconditionsoftheauthorizationissuedherein.Iftheoperatorcannotadheretoanyoftheserequirements,aseparateFAAForm77]1-2waiverapplicationmayberequired.SPECIALPROVISIONSA.General.1connectedwiththeUASrationmustreadandcolywiththecontentsofthisauthorizationanditsprovisions.2.AcopyoftheCOAincludingthespeciallimitationsmustbeimmediatelyavailabletoalloperationalpersonnelateachoperatinglocationwheneverUASoperationsareconducted.3.ThisauthorizationmaybecanceledatanytimebytheAdministrator,thepersonauthorizedtogranttheauthorization,ortherepresentativedesignatedtomonitoraspecificoperation.Asageneralrule,thisauthorizationmaybecanceledwhenitisnolongerrequired,ifthereisanabuseofitsprovisions,orwhenunforeseensafetyfactorsdevelop.Failuretocomplywiththeauthorizationiscauseforcancellation.Theproponentwillreceiveawrittennoticeofcancellation.4.DuringthetimethisCOAisapprovedandactive,asitesafetyevaluation/visitmaybeaccomplishedtoensureCOAcompliance,assessanyadverseimpactonairtrafficcontrol(ATC)orairspace,andensurethisCOAisnotburdensomeorineffective.Deviationsaccidents/incidents/mishaps,complaints,etc.,willpromptaCOArevieworsitevisittoaddresstheissue.Refusaltoallowasitesafetyevaluation/visitmayresultincancellationoftheCOA.Note:ThissectiondoesnotpertaintoagenciesthathaveotherexistingagreementsinplacewiththeFAA.5.RadiofrequencyspectrumauthorizationisindependentoftheCOAprocessandrequirestheproponenttoobtainFederalCommunicationsCommission(FCC)equipmentcertification(47CFRPart2,Subpartland47CFRPart87,SubpartD)andfrequencylicenses(47CFRPart87)intheAeronauticalRadionavigation,AeronauticalMobile(Route),orAeronauticalMobileServices,asappropriate,forthecontrollink,ATCradios,transponders,detectandavoidsystems,andnavigationsystemsusedtosupportthisCOA.Forsystemsoperatingexclusivelybelow400feet,andwithinvisuallineofsight,thecontrollinkequipmentmaybelicensedunder47CFRPart15(RadioFrequencyDevices).Equipmentlicensedunder47CFRPart5(Experimental)doesnotprovidetheprotectionFAAFORM7711-1(7-74) VersionDate:December202] Purpose:ToprescribeUASoperatingrequirementsintheNationalAirspaceSystem(NAS)forthepurposeofPublicAircraftOperations.TheholderofthisCOAwillbereferredhereinasthe“Proponent.”PublicAircraft
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9-ATOR~H§2-S()[email protected]
SmallUnmannedAircraftSystemCOAPublicAgency2023-WSA-I2237-COAPage3of necessaryforNASoperationsB.Operations.1.Theunmannedaircraft(UA)mustbeoperatedwithinvisuallineofsight(VLOS)ofthepilotincommand(PIC)andthepersonmanipulatingthe?ightcontrolsatalltimes(unlessoperatinginaccordancewithH40).ThisrequiresthePICtobeabletousehumanvisionunaidedbyanydeviceotherthancorrectivelenses.AlthoughtheremotePICandpersonmanipulatingthecontrolsmustmaintainthecapabilitytoseetheUA,usingoneormorevisualobservers(VO)allowstheremotePICandpersonmanipulatingthecontrolstoconductothermission-criticalduties(suchascheckingdisplays),whilestillensuringsituationalawarenessoftheUA.Mustyieldrightofwaytootheraircraft,mannedorunmanned.First-personviewcamerascannotsatisfy“see-and-avoid”requirementsbutcanbeusedaslongasthevisualrequirementissatisfiedinotherways.Mustmaintainaminimumvisibilityofthreestatutemilesfromcontrolstation.NopersonmayactasaremotePICorV0formorethanoneUAatonetime.NooperationsfromamovingvehicleorwatercraftunlesstheoperationisoverasparselypopulatedareaandthePICandV0areco-loca-ted.LostlinkproceduresmustremainwithinVLOSofthePICandV0unlessoperatinginaccordancewithH4c.TheremotePICmaydeviatefromtherequirementsofthisruleinresponsetoanin-flightemergency.Requeststooperateinanareaoutsidetheapprovedoperatingareaofthisauthorizationshouldbelimitedtoemergencyand/orlifethreateningoperations.Coordinatethese?ightsthroughthespecialgovernmentinterest(SGI)processbycallingtheSystemOperationsSupportCenter(SOSC)at202-267-8276,oremail:C.NoticetoAirMissions(NOTAM).l.
FAAFORM77ll-I(7-74)
ADistant(D)NOTAMmustbeissued,notlessthan24-hoursbutnotmorethan72-hours,inadvanceofconductingroutineUASoperations.Thisrequirementmaybeaccomplished:a.Throughtheoperator’slocalbaseoperationsor(D)NOTAMissuingauthority;orb.BycontactingtheNOTAMFlightServiceStationatl-877-4-US-NTMS(1-877-487-6867).Theissuingagencywillrequire:(1)Nameandcontactinformationofthepilotfilingthe(D)NOTAMrequest;(2)Location,altitude,andoperatingarea;and(3)Timeandnatureoftheactivity.Theareaofoperationdefinedinthe(D)NOTAMmustonlybefortheactualareatobeflownforeachdaydefinedbyapointandtheminimumradiusrequiredtoconducttheoperation.
I
Operatormustcancel(D)NOTAMSwhenUASoperationsarecompletedorwillnotbeconducted. VersionDate:December2021UASCOAAttachment
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anauthorizedrepresentative:and
SmallUnmannedAircraftSystemCOAPublicAgency Page4of72023—WSA-l2237—COA4. Duetotheimmediacyofsomeemergencymanagementoperations,the(D)NOTAMnoti?cationrequirementmaybeissuedassoonaspracticablebefore?ight.lftheissuanceofa(D)NOTAMmayendangerthesafetyofpersonsonthegrounditmaybeexcluded.lfthe(D)NOTAMisnotissued,theproponentmustbepreparedtoprovidejusti?cationtotheFAAuponrequest.D.ReportingRequirements.1.DocumentationofalloperationsassociatedwithUASactivitiesisrequiredregardlessoftheairspaceinwhichtheUASoperates.2.TheproponentmustsubmitthenumberofflightsonamonthlybasisthroughtheCOAapplicationprocessingsystem(CAPS).E.SmallUASNightOperations.SmallUASoperationsmaybeconductedatnight,asdefinedinTitle14CFR§l.l,providedthefollowing:1.AlloperationsundertheapprovedCOAmustuseoneormoreVOs.2.PriortoconductingoperationsthatarethesubjectoftheCOA,theremotePICandV0mustbetrainedtorecognizeandovercomevisualillusionscausedbydarkness,andunderstandphysiologicalconditionswhichmaydegradenightvision.ThistrainingmustbedocumentedandmustbepresentedforinspectionuponrequestfromtheAdministratoror
3.ThesmallUASmustbeequippedwithlightedanti-collisionlightingvisiblefromadistanceofnolessthanthreestatutemiles.Theintensityoftheanti-collisionlightingmaybereducedif,becauseofoperatingconditions,itwouldbeintheinterestofsafetytodoso.Additionally,inordertocomplywithTitle14CFR§91.209,theaircraftmusthavepositionlightingthatenablesdeterminationoflocationaltitude,attitude,anddirectionof?ight.F.MinimumSafeAltitudeOperations.AwaiverfromtherequirementsofTitle14CFR§91.]19(b)and(c)isapproved'asfollows:1.ThegroundspeedofthesmallUASmustnotexceed87knots(100mph).2.Exceptforthoseoperationswhereitisnecessarytosafeguardhumanlife,nopersonmayoperateasmallunmannedaircraftoverahumanbeingunlessthathumanbeingis:a.Directlyparticipatingintheoperationofthesmallunmannedaircraft;orb.Locatedunderacoveredstructureorinsideastationaryvehiclethatcanprovidereasonableprotectionfromafallingsmallunmannedaircraft.Note:People“directlyparticipatingintheoperationofthesmallunmannedaircraft”mayincludequalifiednon-crewmembers,asdefinedin49U.S.C.§40125.3.Forthoseoperationswhereitisnecessarytooperateoverahumanbeinginordertosafeguardhumanlife,theremotePICmustnotoperateanylowerorinproximitytohumanbeingsnecessarytoaccomplishtheoperation.
FAAFORM7711-1(7-74) VersionDate:December202]UASCOAAttachment
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hitns://www.{hz1.gov/airu'at'?c/?ightinfo/aeronnv/digitalproducts/dafd/searcw SmallUnmannedAircraftSystemCOAPublicAgency2023-WSA-12237-COAPage5of G.SpecialUseAirspace.1.Coordinationandde-conflictionbetweenMilitaryTrainingRoutes(MTR)andSpecialUseAirspace(SUA)istheoperator’sresponsibility.Whenidentifyinganoperationalarea,theoperatormustevaluatewhetheranMTRorSUAwillbeaffected.IntheeventtheUASoperationalareaoverlapsanMTRorSUA,theoperatorwillcontacttheschedulingagencyinadvanceandassoonaspracticabletocoordinateandde-con?ict.ApprovalfromtheschedulingagencyisrequiredforregulatorySUA,butnotforMTRsandnon-regulatorySUA.Ifthereisnoresponsetocoordinationefforts,theoperatormustexerciseextremecautionandremainvigilantofallMTRsand/ornon-regulatorySUAs.SchedulingagenciesforMTRsarelistedintheAreaPlanningAP/lB,MilitaryPlanningRoutes,NorthandSouthAmerica.IfunabletogainaccesstotheAP/lB,contacttheFAAwiththeinstrumentroutes/visualroutesaffectedatthefollowingemailaddressing:9—AJV-.TheFAAwillprovidetheschedulingagencyinformation.SchedulingagenciesforSUAsarelistedintheFAAOrderJO7400.10,SpecialUseAirspace.H.AirTrafficControlRequirements.1.2 FAAFORM77lI-1(7-74)
CoordinationRequirements.DirectcoordinationwithATCisnotrequired.CommunicationReuirements:PICmustbeaccessible,vianumberprovidedinNOTAM,orduringinitialcoordination,fordirectreal-timecommuncationancoordinationpurposesforthedurationofUASoperations.FlightPlanningRequirements:a.TheproponentisresponsibleforreviewingthemostcurrentChartSupplementatfortheintendedairportofoperationtodetermineoperatinghoursandclassofairspace.b.Itistheoperator’sresponsibilityforobtainingauthorizationfromtheappropriateauthorityforanyoperationsthatthatmayresultinlaunchingand/orlandingfromlandsorwatersadministeredbyaFederal,State,orPublicagency(NationalPark,StatePark,WildernessArea,andWildlifeRefuge,etc.).ProceduralRequirements:a.ATCmaydelay,limit,prohibit,orterminateUASoperationswhenthesafetyofmannedaircraftoperationsareaconcern.b.UASoperationsmustremainclearofairporttrafficpatternsandnotcrossoveranyrunwayortaxiwayunlessotherwisecoordinated.c.OperationsmaybeconductedBeyondtheVisualLineofSight(BVLOS)ofthepilotunderthefollowingconditions:(I)ThePICand/orthededicatedVisualObserver(s)(VOs)mustbeabletosee2milesaroundtheoperatingUnmannedAircraft(UA)(referredtoastheVisualDetectionV olume)inorderassistthepilotinremainingwellclearofotherairtraffic.(2)IfdedicatedVO(s)arebeingutilizedandarenotlocatedwithintheimmediatevicinityofthePIC,theVO(s)musthavetheabilitytomaintaintwo-wayradiocommunicationwiththePICduringBVLOSOperations.
VersionDate:December2021
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ai wlu:thePIChasdeterminedtheUAS rezxlehz11_ardto iati 'f SmallUnmannedAircraftSystemCOAPublicAgency2023-WSA-l2237-COAPage6of7 I.LostLink/Emergency/ContingencyProcedures.1.LostLinkProcedures:ATCdoesnotneedtobenoti?edprovidedthePICcomplieswiththefollowingprovisions:Theaircraftmustflybacktotheoriginallaunch/homepointandland.b.TheUASlostlinkmustbeprogrammedtoensurethatlostlink?ightdoesnotflyoverpersonsandthelandinglocationiswithintheviewofthePIC.c.Lostlinkproceduresmustbeprogrammedtoremainwithintheoperationsareaandapprovedaltitude.LossofSight:lfaVOlosessightoftheUAS,thePICmustbenotifiedimmediately(unlessoperatingunderH40).lftheUASisvisuallyreacquiredpromptly,themissionmaycontinue.Ifnot,thePICmustimmediatelyterminatetheoperationandtheUASmustreturntolandathomepoint.LossofCommunicationbetweenthePICandV0:ThePICmustexecutelostlinkprocedures.Ifcommunicationsarereestablished,themissionmayresume.Ifcommunicationcannotbepromptlyre-established,theflightmustbeterminatedandtheUASmustreturntolandathomepoint.Emergency/Fly-AwayProcedures:Ineventofanemergency/fly-awaytowardanareaorrportre mayc a avon,orIimmediatelandingproceduresarenecessaryincontrolledairspace,includinganychangesinemergencylandinglocation,thePICmustimmediatelynotifySCTat858-537-5900andRIV(RAPCON)at951-655-2355.ThePICmustprovidethefollowinginformation:a.Natureofemergency.b.LastknownUAposition,altitude,anddirectionofflightc.Maximumremainingflighttime.
AUTHORIZATIONThisCOAdoesnot,initself,waiveanyTitle14CFRnotspecificallystated,noranystatelaworlocalordinance.Shouldtheproposedoperationconflictwithanystatelaworlocalordinance,orrequirepermissionoflocalauthoritiesorpropertyowners,itistheresponsibilityoftheproponenttoresolvethematter.ThisCOAdoesnotauthorize?ightwithinTemporaryFlightRestrictions,SpecialFlightRuleAreas,regulatorySUA,ortheWashingtonDCFederalRestrictedZonewithoutpre-approval.TheProponentisherebyauthorizedtooperatethesmallUASintheNASwithintheareasdefinedintheOperationsAuthorizedsectionofthecoverpage.
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2110 Artesia Blvd. Suite 234, Redondo Beach, CA 90278 Tel: 310-722-1550 www.flyinglioninc.com
June 28, 2023
Hemet Police Department
450 E Latham Ave.
Hemet, CA 92543
To whom it may concern:
Considered an industry expert, Flying Lion is exclusively retained by all Drone as First Responder (DRF) software providers as a system integrator to provide Consulting, Training, Equipment Leasing, and Staffing regarding Public Safety drone use.
Additionally, Flying Lion is the only company that provides specialized DFR training, Remote Pilots in Command (RPICs) and Remote Operators staffing services for DFR operations.
To validate that expertise, from April 2020 through May 6, 2023, Flying Lion has conducted the following number of Drone as First Responder (DFR) operations:
Total DFR Flights BVLOS Flights DFR Flight Hours
25,987 13,045 8,000 hours
Please let me know if there is any additional information that might be helpful.
Thank you,
Steven Katz
[email protected]
Tel: 310-702-8147
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 2023
Department: Finance
Submitted by: Mark Prestwich, City Manager
Paul Espinoza, Interim Finance Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 1999 -1 Heartland Project, Authorizing the Levy of A Special Tax in Community Facilities District 1999 -1
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 1999-1 Heartland Project, Authorizing the Levy of a Special Tax in Community Facilities District 1999 -1.
BACKGROUND:
The City established Community Facilities District No. 1999 -1 on August 5, 1999, for the purpose of financing the cost of the construction and acquisition of certain street improvements, including landscaping, drainage facilities, utilities, fees, and other eligible costs. Two bonds were issued in August 2001 and November 2002. Those two bond issues were refinanced with a single new bond issue for $14,350,000 in June 2006, and thus provided savings to the homeowners in the district.
ANALYSIS:
Each year a special tax is required to be levied to cover the costs of the district’s debt service, administrative costs, and (if necessary), the replenishment of the reserve funds. This maximum special tax applicable for all classifications of taxable property are as follows: Undeveloped Property, $6,200/Net Taxable Acre; Non-Conforming Developed Property, $6,200/Net Taxable Acre; Conforming Single -Family Property, $800 /Per Residential Unit; Conforming Multi -Family Property, $600/Per Residential Unit. The levy of the special tax will be equal on all parcels of taxable property, up to 100% of the maximum special taxes until it has levied the amount necessary to satisfy th e special tax requirement for the fiscal year.
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The maximum special tax for the district levy has been calculated by the City’s consultant, Harris & Associates, to be $1,025,398. However, the special tax requirement is only $766,966.96, which is an increase of 0.38% from last year’s levy of $764,056.68.
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 susta inable manner.
FISCAL IMPACT:
There is no direct fiscal impact on the City of Hemet. Special taxes received are used to make annual bond issue payments.
ATTACHMENT(S):
FY23-24 Budget CFD 1999-1 Heartland
Hemet CFD 1991-1 Heartland FY23-24 Annual Resolution
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2023-2024 Budget
City of Hemet
Delinquency Rate for Fiscal Year 21/22 as of 6/2023 0.51% Delinquency Rate for Fiscal Year 22/23 as of 6/2023 1.00% Projected Number of Parcels to Levy1,209
Series 2006
Principal Amount of Bonds Outstanding as of Sept 2023 $4,855,000.00 Interest due 03/01/24 $114,753.75
Interest due 09/01/24 $114,753.75 $229,507.50
Principal due 09/01/24 $515,000.00
Total Debt Service Due for Fiscal Year $744,507.50
Reserve Fund Requirement - Series 2006 $745,637.50
Projected Reserve Fund Balance - Series 2006$274,142.25 Reserve Fund Surety Bond $474,371.25
Deficit (Surplus) ($2,876.00) ($2,876.00)
Reserve Adjustment $0.00 $0.00
Total Debt Service and Reserve Adjustment $741,631.50
Current Year
Levy
Fiscal Agent $4,368.00
Tax Consultant $14,072.00
Auditor-Controller 87.23(1) $87.23
Projected Auditor-Controller (per Parcel enrollment fee)0.22(1)(3) $265.98 Projected Treasurer/Tax Collector (per Parcel fee) 0.25(4) $302.25 Arbitrage Rebate Calculations $0.00
Disclosure Services $0.00
City Administration $6,240.00
Levy Rounding $0.00
Total Administration $0.00 $25,335.46
Total Debt Service and Reserve Adjustment $741,631.50
Total Administration $25,335.46
Prior Year Deficit (Surplus) $168,959.16
City Adjustment (2) ($168,959.16)
Total Special Tax Requirement $766,966.96
Administration Percentage of Special Tax Requirement 3.30% Total Maximum Special Tax as of August 2023 $1,025,398.00 FY 2023-24 Allowable Special Tax Levy $840,462.35
City's Percentage of Levy 0.81%
Total Levy for Fund No. 68-2399 $766,966.96
Prior Year Levy (Final Accepted) $764,056.68
Difference $2,910.28 0.38%
(1) Auditor-Controller fixed charge fees
CFD 1999-1 (Heartland)
Special Tax Requirement Computation
(2) Balance includes funds designated for future bond calls.
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ACCOUNT FUNDS
BALANCE AVAILABLE
Fund/Account As of 4/30/23 FOR SEPT P & I
Special Fund (1) $796,838.17 $796,838.17
Interest Account $1,874.74 $1,874.74
Principal Account $0.00 $0.00
Extraordinary Reserve $0.00
Reserve Fund Cash Balance $274,142.25
Reserve Fund Surety Bond $474,371.25
Administrative Account $0.00
Project Fund $0.00
Prepayment Fund $0.00 $0.00
Total Funds Available $798,712.91
Special Tax Fund Balance $798,712.91
Anticipated Collection $0.00
Subtotal $798,712.91
Funds Needed for Sept. P & I $629,753.75
Surplus/(Deficit) (1) $168,959.16
Other Sources:
Reserve Fund Total $748,513.50
Reserve Fund (Cash Balance) $274,142.25
Reserve Fund (Surety) $474,371.25
Total of Avail. Sources $748,513.50
2023-2024 Budget
City of Hemet
CFD 1999-1 (Heartland)
Account Balances
(1) Balance includes funds designated for future bond calls.
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CITY COUNCIL RESOLUTION NO. 2023-XXX
CFD NO. 1999-1 Heartland Project
Fiscal Year 2023-2024
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, ACTING IN
ITS CAPACITY AS THE
LEGISLATIVE BODY OF
COMMUNITY FACILITIES
DISTRICT NO. 1999-1
HEARTLAND PROJECT,
AUTHORIZING THE LEVY OF A
SPECIAL TAX IN COMMUNITY
FACILITIES DISTRICT 1999-1
WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 1999-1 Heartland Project (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1985, as amended (the “Act”); and
WHEREAS, the City Council of the City of Hemet has enacted Ordinance No. 1641 in accordance with Government Code
Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and
WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with procedures set forth in the act:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hemet, acting as the legislative body for the Community Facilities District 1999-1 Heartland Project as follows:
SECTION 1. Each of the above recitals is true and correct.
SECTION 2. Pursuant to the provisions of this Resolution and City of Hemet Ordinance No. 1641, there is to be levied an aggregate special tax of $766,966.96 on the parcels which comprise the CFD for Fiscal Year 2023-2024 as set forth in an electronic format acceptable to the Auditor-Controller of the County by Harris & Associates.
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CITY COUNCIL RESOLUTION NO. 2023-XXX
CFD NO. 1999-1 Heartland Project
Fiscal Year 2023-2024
SECTION 3. The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 1641 and is not in excess of the amount previously approved by the qualified electorate of the CFD.
SECTION 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs for the following items:
A. Payment of principal and interest on the outstanding authorized bonded indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary.
C. Payment of administrative costs and incidental expenses of the CFD.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.
SECTION 5. The Auditor-Controller of the County of Riverside is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked “CFD No. 1999-1 Heartland Project” on the next County assessment roll on which taxes will become due.
SECTION 6. The County Auditor-Controller shall, at the close of the tax collection period, promptly render the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected and from which properties they have been collected. Any expenses to be paid to the Auditor- Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 29304 of the Government Code.
SECTION 7. The City Clerk shall certify adoption of the resolution.
PASSED, APPROVED, AND ADOPTED this 11 th day of July,
2023.
Joe Males, Mayor
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CITY COUNCIL RESOLUTION NO. 2023-XXX
CFD NO. 1999-1 Heartland Project
Fiscal Year 2023-2024
ATTEST: APPROVED AS TO FORM:
John Maier, City Clerk Steven Graham
City Attorney
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CITY COUNCIL RESOLUTION NO. 2023-XXX
CFD NO. 1999-1 Heartland Project
Fiscal Year 2023-2024
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 is the actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 11 th day of July, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
John Maier, City Clerk
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the Interim Finance Director to Establish Appropriations in the Amount of $250,000.00 in Account 110 -6100-5400 for the Rental of a Chiller for the Hemet Public Library.
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 Appropriations in the Amount of $250,000.00 in Account 110 -6100-5400 for the Rental of a Chiller for the Hemet Public Library.
BACKGROUND:
The 52,000 square foot Hemet Public Library is a very prominent building within the City of Hemet and is a popular destination for the citizens of Hemet and its visitors. The Library also serves the citizens of Hemet as a meeting and training location, adult literacy center, passport service center, and private party event rental location. It is frequented by hundreds of visitors per week and is a vital part of the community.
The existing 20 year old Trane chiller system at the City Library failed in late April 2023 leaving the facility without air conditioning while entering the warmest months of the year in Hemet. Public Works Facilities Maintenance had already been worki ng with Trane for a proposed replacement but the replacement has an extended lead time.
On May 23, 2023, the City Council authorized staff to procure a rental chiller to restore the facility's normal operation until a permanent replacement can be installed.
ANALYSIS:
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City staff issued a purchase order to Trane after receiving direction from the Council on May 23, 2023, for up to the City Manager's authority of $50,000 for a temporary rental chiller at the library. However, the Finance Department requires City Council to appropriate the amount to a specific account.
Therefore this action is to formalize Council direction and provide the Finance Department the required documentation to increase the purchase order amount above $50,000 for the rental chiller at the library.
DISCUSSION:
Public Works staff has worked with City Procurement to prepare an agreement with Trane and verify that it meets the City procurement policies.
During this process, Public Works staff has continued due diligence in pursuing proposals from additional vendors for an equivalent replacement chiller system and have explored another option that has been presented using variable flow refrigerant (VFR) technology. Staff has provided these vendors with necessary plans and detailed proposals a re being prepared. All of the available replacement options and their associated lead times that affect the temporary chiller rental period will be presented to the Council at the August 8, 2023 City Council meeting.
PREVIOUS COUNCIL ACTION:
On May 23, 2023, the City Council adopted a Resolution approving the rental of a chiller to restore the library to normal facility operations.
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.
FISCAL IMPACT:
An appropriation in the amount of $250,000 from the City's General Fund unassigned fund balance is being requested to Account 110-6100-5400.
ALTERNATIVE(S):
1. Deny the requested supplemental appropriation.
2. Provide alternate direction to City staff.
ATTACHMENT(S):
Attachment 1_ Resolution
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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
FINANCE DIRECTOR TO ESTABLISH
APPROPRIATIONS IN THE AMOUNT OF $250,000 IN
ACCOUNT 110-6100-5400, FOR THE RENTAL OF A
TEMPORARY CHILLER AT THE HEMET PUBLIC
LIBRARY
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 operation and maintenance of the heating, ventilation and air conditioning water-cooled chiller system at the Hemet Public Library; and
WHEREAS, the existing Trane chiller system is 20 years old, and due to the hard water of the region, the chiller system is severely deteriorated and its components have developed numerous leaks; and
WHEREAS, the existing chiller failed beyond repair in late April 2023; and WHEREAS, on May 23, 2023, City Council authorized staff to procure a rental chiller for the library until a replacement can be installed in an amount not to exceed $250,000 from the City General Fund surplus; and
WHEREAS, Public Works staff will provide options to City Council for a permanent solution for air conditioning at the August 8, 2023 City Council meeting; and
WHEREAS, the Hemet Public Library also serves the citizens of Hemet as a meeting location, adult literacy center, passport service center, and private party event rental location; and
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CITY COUNCIL RESOLUTION NO. 2023-xxx
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.The above recitals are all true and correct.
SECTION 2. Authorize the Finance Director to establish appropriations in the amount of $250,000 in account 110-6100-5400 for the rental of a temporary chiller at the Hemet Public Library.
SECTION 3. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED this 11th day of July 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of July 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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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 2023
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Accounting Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to the Professional Services Agreement with Infosend, Inc. for the Printing, Mailing, and Materials for Utility Billing and Customer Outreach for a Contract A mount Not to Exceed Total of $285,000.00 and Authorizing the City Manager to Execute the Agreement
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Appro ving the Second Amendment to the Professional Services Agreement with Infosend, Inc. for the Printing, Mailing, and Materials for Utility Billing and Customer Outreach for a Contract Amount Not to Exceed Total of $285,000, Authorizing the City Manager to Execute the Agreement.
BACKGROUND:
On April 28, 2020, the City entered into a Professional Services Agreement with Infosend, Inc. to print, mail, and provide materials for the City's utility bills and customer outreach for a term through December 31, 2021 with one (1) three (3) year option to extend.
On August 4, 2022, the first amendment to the Professional Services Agreement with Infosend, Inc. amended the option to extend with a new term date of December 31, 2024, and a contract amount not to exceed $182,000 for three years.
ANALYSIS:
Year 1 (Fiscal Year 2020-21), costs for Infosend, Inc. services were $55,257.83 Year 2 (Fiscal Year 2021-22), costs for Infosend, Inc. services were $60,644.13 Year 3 (Fiscal Year 2022-23), costs for Infosend, Inc. services were $66,098.04
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The average monthly cost for Infosend, Inc. is $5,720. To cover costs for the additional coverage term of July 1, 2023 through December 31, 2024, the contract will need to be increased by approximately $103,000.
DISCUSSION:
To continue to provide utility billing services through Infosend, Inc. through December 31, 2024, the Professional Services Agreement needs to reflect an increase of $103,000 for the established term and a revised not-to-exceed amount of $285,000.
As the completion of this agreement nears, Staff intends to advance a Request for Proposals process for these services.
STRATEGIC PLAN INTEGRATION:
N/A
FISCAL IMPACT:
There is no additional fiscal impact. Funding for these services has been established in Fiscal Year 2023-24 Council-approved budget in the following account lines:
• 571-9000-2255
• 254-4600-2255
• 254-4650-2265
ATTACHMENT(S):
Attachment 2: Resolution - Infosend Second Amendment
Attachment 1: InfoSend - UB Printing Services - Second Amendment
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CITY COUNCIL RESOLUTUION NO. 2023-
CITY OF HEMET
Hemet, California
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, APPROVING THE
SECOND AMENDMENT TO THE AGREEMENT
FOR PRINTING, MAILING AND MATERIALS FOR
UTILITY BILLING AND CUSTOMER OUTREACH
BETWEEN THE CITY OF HEMET AND INFOSEND,
INC.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, on April 28, 2020, the City and Infosend, Inc. entered into a Professional Services Agreement for the printing, mailing and materials for utility billing and customer outreach; and WHEREAS, on August 4, 2022, the City and Infosend, Inc. entered into a First Amendment to the Professional Services Agreement for the printing, mailing and materials for utility billing and customer outreach; and
WHEREAS, the City Council desires to increase the total not to exceed amount under Attachment B of the original agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HEMET DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals.
The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.
SECTION 2. City Council Actions.
The City Manager, or his designee, is authorized and
directed to execute the Second Amendment Agreement for printing, mailing and materials for utility billing and customer outreach between the City of Hemet and Infosend, Inc. attached hereto as Attachment 1.
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CITY COUNCIL RESOLUTUION NO. 2023-
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PASSED, APPROVED AND ADOPTED this 11th day of July,
2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Meier, City Clerk
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CITY COUNCIL RESOLUTUION NO. 2023-
State of California )
County of Riverside )
City of Hemet )
I, John Paul Meier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11th day of July, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Paul Meier, City Clerk
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00091753.1
SECOND AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
INFOSEND, INC.
A CALIFORNIA CORPORATION
DATED: JULY 26, 2023
Form Approved 2/17/2023
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00091753.1 Page | 1
SECOND AMENDMENT TO AGREEMENT
This Second Amendment to the Agreement for Professional Consultant Services for Print, Mail, and Materials for Utility Billing and Customer Outreach is made and entered into as of this 26 th day of July, 2023, by and between the City of Hemet (“City”), a California municipal corporation and InfoSend, Inc., a California 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 Professional Consultant Services” dated April 29, 2020 (“Agreement”) for the purpose of retaining services of Consultant to provide Print, Mail, and Materials for Utility Billing and Customer Outreach.
B. Pursuant to Section 6 of the Agreement, the Parties desire to amend the Agreement to increase the not-to exceed compensation amount.
C. The First Amendment exercised the first option to extend extending the term date from December 31, 2021 to December 31, 2024.
D. The First Amendment also provided a new Attachment B with updated pricing effective June 4, 2022.
E. Attachment B of the Agreement provides that the Compensation shall not exceed Four Thousand Five Hundred and Thirty-Six Dollars ($4,536.00) per month.
F. This Second Amendment amends Attachment B to provide that the Compensation shall not exceed Two Hundred and Eighty-Five Thousand Dollars ($285,000.00).
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:
[COMPENSATION]. Attachment B of the Agreement is hereby amended to increase the Not to Exceed Amount to Two Hundred and Eighty-Five Thousand Dollars ($285,000.00).
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00091753.1 Page | 2
2.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.
3.REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.
4.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.
5.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.
6.EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.
7.APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.
8.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]
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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:
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 11 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, Authorizing the City Manager to Execute a Professional Services Agreement with Cheryl Curtis for Emergency Medical Service (EMS) Nurse Educator Services in an Amount Not to Exceed $93,000
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Professional Services Agreement with Cheryl Curtis for EMS Nurse Educator Services in an Amount Not to Exceed $93,000.
BACKGROUND:
The City of Hemet Fire Department implemented an Advanced Life Support (ALS) program on November 11, 2014. This recognizes the Hemet Fire Department as the Paramedic Services provider for the City of Hemet and has been approved and authorized to provide (ALS) service by the Riverside County Emergency Services Agency (REMSA).
As an authorized Paramedic Services provider, the City of Hemet Fire Department is responsible to provide Paramedic level continuing education; this includes field training, and structured continuing education as required by and otherwise sufficient to meet all California Emergency Medical Authority (CEMSA) requirements.
The Hemet Fire Department also meets the Quality Assurance and continuing education requirements by "contracting out" with an approved instructor who is duly qualified and fully accredited as well as maintaining licenses, educational degrees and similar qualifications as may be required by CEMSA and REMSA.
In support of this program, the Hemet City Council approved $74,800 in Fiscal Year (FY) 2022 -23 to fund an agreement with Southern California EMS Training Institute. In February of 2023 Southern California EMS terminated their agreement. In January of 2023 the City of Hemet entered into an
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agreement with Greenleaf Consulting LLC. to provide these services and due to an increase in cost for service, and additional $35,000 was appropriated utilizing AMR Penalty Fees.
ANALYSIS:
On January 25, 2023 the City of Hemet entered into an agreement with Greenleaf Consulting INC. to EMS educational services. This agreement was entered into as a “Sole -Source” agreement to avoid any disruption in service associated with the previous vendor terminating their agreement effective February 10, 2023. The agreement with Greenleaf Consulting ended on June 30, 2023 and a competitive bid process was initiated with modifications to the existing scope of work and hours associated with this position.
The prior agreement allocated up to 96 hours per month, but did not specify in -person or office hours.
This resulted in the prior contracting working primarily remotely unless teaching a class or attending meetings. The new scope of work included a minimum of 20 hours a week in per son with set hours to be determined by the Fire Chief or designee. This change will allow the vendor to be present at internal meetings, and available for consultation. The increase in in -person hours serves as a step toward the goal of having a full-time City position and eliminating the need for contract services.
Additional responsibilities have been added to include acting as the Department’s Designated Infection Control Officer (DICO) which manages the infectious disease exposure program for the Department as required by NFPA 1581, OSHA and the Ryan White Law. Currently these responsibilities are being performed by a Battalion Chief.
The competitive bid process produced two bidders. These bidders were screened to produce the most qualified applicants. These applicants were invited to participate in an in -person bidders’ conference/interview. Cheryl Curtis was chosen as the preferred v endor based on her extensive experience providing education for her prior employer. The recommended Agreement includes a term of July 1, 2023 through June 30, 2025.
DISCUSSION:
Approval of this recommendation will support the Fire Department’s goal to provide excellent customer services to the Hemet community and ensure the City's paramedics are well -trained and ready to respond with the most up-to-date information and equipment.
PREVIOUS COUNCIL ACTION:
SoCal EMS Training Institute Contract Approved 10/25/2022 Resolution 2022-192 Greenleaf Consulting LLC appropriation using AMR Penalty Fees approved April 25, 2023 Resolution 2023-065
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.
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GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
Funds are budgeted through the General Fund 110-3200-2400 $93,000 Total not to exceed cost for contract FY 2023-24 = $93,000
ALTERNATIVE(S):
Create a full-time City of Hemet Nurse Educator/ EMS Coordinator job description, amend the City’s Classification and Compensation Plan to include the new position, and conduct a recruitment.
ATTACHMENT(S):
Nurse Educator Contract Resolution
Cheryl Curtis - EMS Coordinator - 2023 final
Cheryl Curtis Cover Letter
Caity Craven Cover Letter
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City of Hemet Resolution No. 2023-XXX
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023- XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, AUTHORIZING
THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH
CHERYL CURTIS FOR EMS NURSE EDUCATOR
SERVICES IN AN AMOUNT NOT TO EXCEED
$93,000
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 Fire Department
implemented an Advanced Life Support (ALS) program on
November 11th, 2014. This recognizes the Hemet Fire Department as the Paramedic Services provider for the City of Hemet and has been approved and authorized to provide (ALS) service by the Riverside County Emergency Services Agency (REMSA). As an authorized Paramedic Services provider, the City of Hemet Fire Department is responsible to provide Paramedic level continuing education; this includes field training, and structured continuing education as required by and otherwise sufficient to meet all California Emergency Medical Authority (CEMSA) requirements.
The Hemet Fire Department also meets the Quality Assurance and continuing education requirements by "contracting out" with an approved instructor who is duly qualified and fully accredited as
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City of Hemet Resolution No. 2023-XXX
well as maintaining licenses, educational degrees and similar qualifications as may be required by CEMSA and REMSA.
WHEREAS, On January of 25th 2023 the City of Hemet
entered into an agreement with Greenleaf Consulting INC. to EMS educational services. This agreement was entered into as a “Sole- Source” agreement to avoid any disruption in service associated with the previous vendor terminating their agreement effective 2/10/2023. The agreement with Greenleaf Consulting ends on 6/30/2023 and a competitive bid process was initiated with modifications to the existing scope of work and hours associated with this position.
WHEREAS, The prior agreement allocated up to 96 hours
per month, but did not specify in-person or office hours. This resulted in the prior contracting working primarily remotely unless teaching a class or attending meetings. The new scope of work included a minimum of 20 hours a week in person with set hours to be determined by the Fire Chief or his designee. This change will allow the vendor to be present at internal meetings, and available for consultation. The increase in in-person hours serves as a step toward the goal of having a full-time City position and eliminating the need for contract services. Additional responsibilities have been added to include acting as the Department’s Designated Infection Control Officer (DICO) which manages the infectious disease exposure program for the Department as required by NFPA 1581,
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City of Hemet Resolution No. 2023-XXX
OSHA and the Ryan White Law. Currently these responsibilities are being performed by a Battalion Chief.
WHEREAS, The competitive bid process produced 2
bidders. These bidders where screened to produce the most qualified applicants. These applicants were invited to participate in an in-person bidders’ conference/interview. Cheryl Curtis was chosen as the preferred vendor based on her
extensive experience providing education for her prior
employer. The new Agreement will be effective 7/1/2023 through 6/30/2025
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HEMET DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.
SECTION 2. City Council Actions.
a) The City Manager, or his designee,
is authorized and directed to utilize
the Fund 110-3200-2400 not to
exceed $93,000 for the purposes of
this Resolution.
b) The City Manager, or his designee,
is authorized and directed to execute
the attached Professional Services
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City of Hemet Resolution No. 2023-XXX
Agreement with Cheryl Curtis for
EMS Nurse Educator Services along
with any purchase orders,
agreements, or other documents
necessary to effectuate the purposes
of this Resolution so long as such
purchase orders, agreements, or
other documents are in a form
approved by the City Attorney.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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City of Hemet Resolution No. 2023-XXX
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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
CHERYL CURTIS
A SOLE PROPRIETOR
Form Approved 2/17/2023
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00091740.2 Page | 1
PROFESSIONAL SERVICES AGREEMENT
FOR EMS NURSE EDUCATOR SERVICES
BETWEEN THE CITY OF HEMET AND CHERYL CURTIS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 12th day of July, 20 23 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Cheryl Curtis, a sole proprietor (“Consultant”). F or 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 by request for proposal s the performance of the EMS Nurse Educator 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. 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” 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 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2025 , commencing on Effective Date. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor prior to the end of the existing Term.
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(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.”
(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that wor k 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
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.
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 2 5 “Administration and Implementation” or Section 2 7 “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
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Con sultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Ag reement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Ninety-Three Thousand Dollars ($ 93,000.00) per City fiscal year (“Not to Exceed Amount”), unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(c) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.”
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SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) 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 23, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), 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. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shal l be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(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 th e 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 Consultant 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) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur und er 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.
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SECTION 6. 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 17 “Indemnification” and Section 18 “Insurance.”
SECTION 7. 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 of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original ma ps, 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, photog raphs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “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.
SECTION 8. 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 sub consultants, including copyrights, i n connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and sub consultants 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 copyright, 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 deliverabl e 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, specifications, artwork,
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drawings, sketches, compu ter programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and 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 9. 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, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to t he 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 regu lar 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 23,” 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 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 10. 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.
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(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, off icers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants 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 C onsultant may have to any such rights.
SECTION 11. 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, compete ntly and to 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 standards and practices utilized by persons engaged in providing s ervices 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 exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall a lso 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 12. 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 comply 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, including but not limited to obtaining a City business license. 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.