Agenda — Hemet City Council, August 8, 2023 (part 6 of 8)

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Ranch, The Enclave, Tres Cerritos, Willowalk, Villa de Madrid, Saddle Point, Heritage Pointe, and Saddle Pointe II.
• CFD No. 2019-01 (McSweeny) is composed of two zones: Special Tax A and Special Tax B.

Special Tax A is composed of tracts: 33824, 33824-1, 33824-2, 33825, 33825-1. Special Tax B is composed of 5 additional parcels of undeveloped land, the combined total of which are projected to include 1,351 single-family units at buildout. Special Tax A and Special Tax B provide funding for: (1) Streetlights and pedestrian lights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights and pedestrian lights; (2) Landscape maintenance to be financed, including streetscape and related facilities. Landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection; and (3) Maintenance, administration, and inspection of the stormwater facilities and BMPs, including water quality basins and any other NPDES/WQMP/BMP related devices, litter and graffiti removal on sound walls and other amenities, plus normal painting as required.
• CFD No. 2021-01 (Saddle Point) is proposed to include 278 single-family units at buildout and is composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of the streetlights and landscaping in the City right-of-way, monuments, graffiti abatement and stormwater facilities not located in the Special Tax B area. Special Tax B provides funding for maintenance of the following: (1) Landscaping and stormwater facilities of Lot KK on Tract Map 35393-1 (drainage basins and earthen flood control channel); and (2) Perimeter landscape areas immediately adjacent to the existing State controlled channel that runs South-West through the project. Maintenance of the Special Tax B improvements are the responsibility of the Property Owner's Association which entered into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner's Association to a standard acceptable to the City. • CFD No. 2021-02 (Heritage Pointe) is projected to include 299 single family units at buildout and is composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of the streetlights, landscaping in the City right-of-way, fencing and basins/stormwater facilities not located in the area of Special Tax B. Special Tax B provides funding for maintenance of the 5 parks and park facilities. Maintenance of the Special Tax B improvements are the responsibility of the Property Owner's Association which entered into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner's Association to a standard acceptable to the City.
• CFD No. 2022-02 (Saddle Point II) is projected to include 145 single-family units at buildout and is composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of the streetlights, landscaping, monuments, storm drains, catch basins, and graffiti abatement not located in the area of Special Tax B. Special Tax B provides funding for maintenance of the following: (1) landscaping, slopes, maintenance road and stormwater facilities of Lot KK on the final phase of Tract Map 35393 (drainage basins and earthen flood control channel); (2) monuments, and (3) two parks. Maintenance of the Special Tax B improvements are the responsibility of the Property Owner's Association which entered into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B

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improvements have not been maintained by the Property Owner's Association to a standard acceptable to the City.

ANALYSIS:

In order to receive funding for the District, the City Council must adopt by annual Resolution authorizing the levy of a special tax for the District.

For FY 2023-2024, the total proposed levy for each District is as follows:

DISTRICT Special Tax A
FY 2023-2024 Levy
CFD No. 2005-01 (Public Safety Services) $1,255,503.20
CFD No. 2019-01 (McSweeny)* $137,809.07
CFD No. 2021-01 (Saddle Point)** $124,410.72
CFD No. 2021-02 (Heritage Pointe)** $141,951.60
CFD No. 2022-02 (Saddle Point II)** $16,279.20
*Special Tax B boundary area is undeveloped at this time and will not be taxed in FY 2023-2024. ** Special Tax B is dormant at this time and will not be taxed in FY 2023-2024 CFD 2005-01 (Public Safety Services) maximum special tax is adjusted each year by the greater of the percentage increase in the Consumer Price Index or 3%.

CFD No. 2019-01 (McSweeny), CFD No. 2021-01 (Saddle Point), CFD No. 2021-02 (Heritage Pointe), and CFD No. 2022-02 (Saddle Pointe II) maximum special taxes are subject to annual escalation based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous fiscal year.

PREVIOUS COUNCIL ACTION:
• On September 27, 2005, the City Council passed Resolution No. 3949 to create CFD NO. 2005- 01 (Public Safety Services) as well as subsequent annexations adding territory to CFD No. 2005- 01 (Public Safety Services)
• On January 14, 2020, the City Council passed Resolution No. 2020-005 to create CFD No. 2019- 01 (McSweeny)
• On July 13, 2021, the City Council passed Resolution No. 2021-030 to create CFD No. 2021-01 (Saddle Point)
• On January 25, 2022, the City Council passed Resolution No. 2022-2012 to create CFD No. 2021-02 (Heritage Pointe)
• On October 25, 2022, the City Council passed Resolution No. 2022-183 to create CFD No. 2022- 02 (Saddle Point II)
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.

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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:

The revenue from each special tax is deposited into the individual fund for each CFD listed above and is used to pay for costs and expenses of services rendered as listed above. Both the revenue and expense of each CFD listed above are included in the City’s FY 2023-2024 Adopted Budget. There are no additional anticipated impacts to the general fund in FY 2023-2024. Approval of the actions set forth in this staff report does, not in any way, commit the City to any financial contribution or liability by each CFD listed above.

ATTACHMENT(S):

Attachment 1_Resolution_CFD No. 2005-1_Public Safety Services Attachment 2_Resolution_CFD No. 2019-01_McSweeny
Attachment 3_Resolution_CFD No. 2021-01_Saddle Point
Attachment 4_Resolution_CFD No. 2021-02_Heritage Pointe Attachment 5_Resolution_CFD No. 2021-01_Saddle Point II

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City of Hemet Resolution No. 2023-xxx
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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
FACIITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY

SERVICES), AUTHORIZING THE LEVY OF A SPECIAL
TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-
01 (PUBLIC SAFETY SERVICES), 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 of the City of Hemet is the legislative body for Community Facilities District No. 2005-01 (Public Safety Services) (hereinafter referred to as “CFD 2005-01” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved has enacted Ordinance No. 1746 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, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2005- 01 (PUBLIC SAFETY SERVICES), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

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City of Hemet Resolution No. 2023-xxx
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SECTION 1. Each of the above recitals are true and correct.

SECTION 2. Pursuant to the provisions of Resolution Bill No. 23-____ and City of Hemet Ordinance No. 1746, there is to be levied a special tax on 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. Each parcel’s special tax amount is determined based on the Fiscal Year 2023-2024 special tax rates which are as follows:

A. Developed Single Family Residence is $516.72 per unit.

B. Developed Multifamily Residence is $416.84 per unit.

C. Entitled Property is $259.36 per lot.

SECTION 3. The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 1746 and is not in excess of the rate 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. Police protection services and fire protection and suppression services B. Establishment or replenishment of any reserve funds, if necessary.

C. Reasonably anticipated delinquent special taxes, if necessary.

D. 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 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

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City of Hemet Resolution No. 2023-xxx
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space marked “CFD No. 2005-01 Public Safety Services” 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 AuditorController 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 upon adoption of Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of August, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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City of Hemet Resolution No. 2023-xxx
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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 8th day of August, 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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City of Hemet Resolution No. 2023-xxx
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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
FACIITIES DISTRICT NO. 2021-02 (HERITAE POINTE),

AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2021-02
(HERITAGE POINTE), 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 of the City of Hemet is the legislative body for Community Facilities District No. 2019-01 (McSweeny) (hereinafter referred to as “CFD 2019-01” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation January 14, 2020, Resolution No. 2020-005, to form CFD No. 2019-01 and enacted Ordinance No. 2020-001 on January 28th, 2020, 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, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2019-

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City of Hemet Resolution No. 2023-xxx
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01 (MCSWEENY), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. Each of the above recitals are true and correct.

SECTION 2. Pursuant to the provisions of Resolution No. 2022-____and City of Hemet Ordinance No. 2020-01, there is to be levied an aggregate special tax of $137,809.07 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. Each parcel’s special tax amount is determined based on the Fiscal Year 2023-2024 special tax rates which are as follows:

Special Tax A
Land Use Class Taxable
Unit
Residential Floor
Area
FY 23-24
Max Special
Tax Per
Taxable Unit
1 – Single Family Property D/U
3,501 sq. ft.
or greater
$1,856.23
2 – Single Family Property D/U
2,901 sq. ft. -
3,500 sq. ft
$761.09
3 – Single Family Property D/U
2,701 sq. ft. -
2,900 sq. ft
$743.87
4 – Single Family Property D/U
2,501 sq. ft. -
2,700 sq. ft
$656.62
5 – Single Family Property D/U
2,251 sq. ft. -
2,500 sq. ft
$585.46
6 – Single Family Property D/U
1,801 sq. ft. -
2,250 sq. ft
$572.82
7 – Single Family Property D/U
1,601 sq. ft. -
1,800 sq. ft
$242.22
8 – Single Family Property D/U
1,600 sq. ft.
or less
$125.12
9 – Multifamily Residential Property Acre N/A $1,634.68 10 – Nonresidential Property Acre N/A $1,634.68
11 – Approved Property Acre N/A $1,634.68
12 – Undeveloped Property Acre N/A $1,634.68

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City of Hemet Resolution No. 2023-xxx
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Special Tax B
Land Use Class Taxable
Unit
Residential Floor
Area
FY 23-24
Max Special
Tax Per
Taxable Unit
1 – Single Family Property D/U
3,501 sq. ft.
or greater
$1,856.23
2 – Single Family Property D/U
2,901 sq. ft. -
3,500 sq. ft
$761.09
3 – Single Family Property D/U
2,701 sq. ft. -
2,900 sq. ft
$732.39
4 – Single Family Property D/U
2,501 sq. ft. - 2,700 sq. ft$523.47
5 – Single Family Property D/U
2,251 sq. ft. - 2,500 sq. ft$436.21
6 – Single Family Property D/U
1,801 sq. ft. -
2,250 sq. ft
$421.29
7 – Single Family Property D/U
1,601 sq. ft. -
1,800 sq. ft
$304.20
8 – Single Family Property D/U
1,600 sq. ft.
or less
$291.57
9 – Multifamily Residential Property Acre N/A $1,057.25 10 – Nonresidential Property Acre N/A $1,057.25
11 – Approved Property Acre N/A $1,057.25
12 – Undeveloped Property Acre N/A $1,057.25
SECTION 3. The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 2022-1991 and is not in excess of the rate 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. Street light and pedestrian light maintenance including energy charges, operation maintenance, and administrative costs of streetlights and pedestrian lights within the boundaries of the CFD.

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such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.

C. Maintenance, administration, and inspection of the stormwater facilities and BMPs including water quality basins and any other
NPDES/WQMP/BMP related devices, The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection.

Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, and structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient.

Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

D. Litter and graffiti removal on sound walls and other emenities, plus normal painting as required within the CFD.

E. All other related services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement or repair.

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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 special tax for services shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and procedure, sale, and lien priority in cases of delinquency as is provided for ad valorem taxes; provided, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the legislative body for each lot or parcel of land affected on the next County assessment roll on which taxes will become due.

SECTION 7. The City Clerk shall certify upon adoption of Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of August, 2023. ____________________________ Joe Males, Mayor

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ATTEST:
_____________________________
John Paul Maier, City Clerk

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AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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City of Hemet Resolution No. 2023-xxx
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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
FACIITIES DISTRICT NO. 2021-01 (SADDLE POINT),

AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2021-01
(SADDLE POINT), 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 of the City of Hemet is the legislative body for Community Facilities District No. 2021-01 (Saddle Point) (hereinafter referred to as “CFD 2019-01” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation July 13th, 2021, Resolution No. 2021-____, to form CFD No. 2021-01 and enacted Ordinance No. 2021-1979 on August 10th, 2021, 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, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2021-

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01 (SADDLE POINT), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. Each of the above recitals are true and correct.

SECTION 2. Pursuant to the provisions of Resolution No. 2022-____and City of Hemet Ordinance No. 2021-1979, there is to be levied an aggregate special tax of $124,410.72 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. Each parcel’s special tax amount is determined based on the Fiscal Year 2023-2024 special tax rates which are as follows:

Special Tax A
Land Use Class Taxable
Unit
FY 23-24
Max Special
Tax Per
Taxable Unit
1 – Single Family Residential Property D/U $509.88
2 – Multifamily Residential Property Acre $3,826.36
3 – Nonresidential Property Acre $3,826.34
Special Tax B
Land Use Class Taxable
Unit
FY 23-24
Max Special
Tax Per
Taxable Unit
1 – Single Family Residential Property D/U $400.15
2 – Multifamily Residential Property Acre $3,002.77
3 – Nonresidential Property Acre $3,002.77
SECTION 3. The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 2021-1979 and is not in excess of the rate previously approved by the qualified electorate of the CFD.

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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. Street light and pedestrian light maintenance including energy charges, operation maintenance, and administrative costs of streetlights and pedestrian lights within the boundaries of the CFD.

B. Landscape maintenance to be financed, including streetscape and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.

C. Maintenance, administration, and inspection of the stormwater facilities and BMPs including water quality basins and any other
NPDES/WQMP/BMP related devices. The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection.

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Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

D. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required within the CFD.

E. All other related services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement or repair.

The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.

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SECTION 7. The City Clerk shall certify upon adoption of Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of August, 2023. ____________________________ Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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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
FACIITIES DISTRICT NO. 2021-02 (HERITAE POINTE),

WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 2021-02 (Heritage Pointe) (hereinafter referred to as “CFD 2021-02” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation January 25, 2022, Resolution No. 2022-____, to form CFD No. 2021-02 and enacted Ordinance No. 2022-1991 on February 8th, 2022, 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, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

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SECTION 1. Each of the above recitals are true and correct.

SECTION 2. Pursuant to the provisions of Resolution No. 2022-____and City of Hemet Ordinance No. 2022-1991, there is to be levied an aggregate special tax of $141,951.60 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. Each parcel’s special tax amount is determined based on the Fiscal Year 2023-2024 special tax rates which are as follows:

Special Tax A
Land Use Class Taxable
Unit
FY 23-24 Max
Special Tax Per
Taxable Unit
1 - Single Family Property D/U $471.60
2 - Multifamily Residential Property Acre $3,624.40
3 - Non-Residential Property Acre $3,624.40
4 - Approved Property Acre $3,624.40
5 - Undeveloped Property Acre $3,624.40
Special Tax B
Land Use Class Taxable
Unit
FY 23-24 Max
Special Tax Per
Taxable Unit
1 - Single Family Property D/U $369.12
2 - Multifamily Residential Property Acre $2,838.02
3 - Non-Residential Property Acre $2,838.02
4 - Approved Property Acre $2,838.02
5 - Undeveloped Property Acre $2,838.02
SECTION 3. The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 2022-1991 and is not in excess of the rate previously approved by the qualified electorate of the CFD.

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A. Street light maintenance to be financed including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD.

B. Landscape maintenance to be financed, including streetscape, fencing, monuments and related facilities specifically identified within the CFD.

The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control, including fuel modification, and other abatements, electricity, repair/replacement and inspection.

C. Park maintenance to be financed, including maintenance of landscaping and park facilities. Park facilities may include, but is not limited to, play structures, public gathering spaces, multi-purpose tables and shade structures, signage and lighting, trash and recycling receptacles, barbeque areas and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.

D. Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other
NPDES/WQMP/BMP related devices. The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover,

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shrub, trees, plants, irrigation, fencing and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient.

Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

E. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD.

F. All other related services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement or repair.

The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.

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City of Hemet Resolution No. 2023-xxx
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legislative body for each lot or parcel of land affected on the next County assessment roll on which taxes will become due.

SECTION 7. The City Clerk shall certify upon adoption of Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of August, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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City of Hemet Resolution No. 2023-xxx
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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
FACIITIES DISTRICT NO. 2022-02 (SADDLE POINT II),

AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(SADDLE POINT II), 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 of the City of Hemet is the legislative body for Community Facilities District No. 2022-02 (Saddle Point II) (hereinafter referred to as “CFD 2022-02” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation October 25th, 2022, Resolution No. 2022-183, to form CFD No. 2022-02 and enacted Ordinance No. ____-____ on _________, 2022, 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, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2022-

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02 (SADDLE POINT II), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. Each of the above recitals are true and correct.

SECTION 2. Pursuant to the provisions of Resolution No. 2022-183 and City of Hemet Ordinance No. ____-____, there is to be levied an aggregate special tax of $16,279.20 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. Each parcel’s special tax amount is determined based on the Fiscal Year 2023-2024 special tax rates which are as follows:

Special Tax A
Land Use Class Taxable
Unit
FY 23-24
Max Special
Tax Per
Taxable Unit
1 – Single Family Residential Property D/U $581.41
2 – Condominium Residential Property D/U $406.78
3 – Multifamily Residential Property Acre $4,229.86
4 – Nonresidential Property Acre $4,229.86
Special Tax B
Land Use Class Taxable
Unit
FY 23-24
Max Special
Tax Per
Taxable Unit
1 – Single Family Residential Property D/U $907.67
2 – Condominium Residential Property D/U $635.79
3 – Multifamily Residential Property Acre $6,606.73
4 – Nonresidential Property Acre $6,606.73
SECTION 3. The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. ____-____ and is not in excess of the rate previously approved by the qualified electorate of the CFD.

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A. Streetlight maintenance including energy charges, operation maintenance, and administrative costs of streetlights within the boundaries of the CFD.

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D. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required within the CFD.

E. All other related services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement or repair.

The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.

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SECTION 7. The City Clerk shall certify upon adoption of Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of August, 2023. ____________________________ Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 08 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, Approving a Subdivision Improvement Agreement (SIA), Improvement Security, and Final Tract Map No. 35392, Generally Located West of Cawston Ave., East of Warren Rd., North of Thornton Ave., and South of Stetson Ave. (Pulte Home Company LLC)
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Subdivision Improvement Agreement (SIA), Improvement Security, and Final Tract Map No. 35392, Generally Located West of Cawston Ave., East of Warren Rd., North of Thornton Ave., and South of Stetson Ave. (Pulte Home Company LLC)
BACKGROUND:

The property defined by Tract Map No. 35392 is located west of Cawston Ave., east of Warren Rd., north of Thornton Ave., and south of Stetson Ave. The subdivision consists of 150 single-family residential lots, 13 lettered lots for street and public utility purposes, 9 lettered lots to be dedicated in fee to the City for open space, water quality, storm drain, parkway, and emergency vehicle access purposes, 6 lettered lots to be retained by the Owner for open space, recreation, and drainage purposes.

Tentative Tract Map No. 35392 was conditionally approved by City Council on March 10, 2009. The tentative map has received time extensions to March 10, 2027.

The street names included in this Tract Map were reviewed and approved by the Infrastructure Commission on October 10, 2022, January 30, 2023, and July 17, 2023 in accordance with the Hemet Municipal Code.

ANALYSIS:

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The public infrastructure improvements associated with the approval of Tract Map No. 35392 include streets (Amaryllis Street, Birchwood Avenue, Buckskin Court, La Quinta Avenue, Cedarwood Street, Stirrup Court, Kingfisher Street, Goldfinch Street, Stratton Court, Paint Court, Brodig Court, Pintail Court, Roan Avenue, Thornton Avenue, Fisher Street, and Walden Weaver Road) along with all related infrastructure appurtenances, including curbs and gutter, AC pavement, traffic controls, sidewalks, parkway landscaping, streetlights, storm drains, sanitary sewer and water system improvements all as shown on plans approved by the City Engineer and Eastern Municipal Water District (EMWD).

The developer has entered into an improvement agreement with the City for these improvements in consideration of the City Council's approval of the map and has posted adequate security to assure the completion of the required public improvements.

The project owner has formed a Community Facilities District (CFD) to fund the operation and maintenance of street lighting, parkway landscaping, irrigation, detention basin maintenance, stormwater best management practices (BMPs), and graffiti removal. A dormancy agreement will be recommended for approval to include the area within the CFD designated as special tax B that is to be primarily maintained by a home owners association (HOA). An easement is provided to the City over these retained HOA maintained lots allowing the City to take over maintenance and levy for the cost if ever deemed necessary. The dormancy agreement will be brought to the Council in the near future.

All applicable conditions of tentative map approval have been met. With the City Council’s approval of the Tract Map, the map, along with the Covenants, Conditions, and Restrictions (CC&Rs) and the SIA, will be recorded with the Riverside County Recorder.

DISCUSSION:

The City Engineer has reviewed Tract Map No. 35392 and finds that it is technically correct and in substantial conformance with the approved Tentative Map. The City Attorney has reviewed and approved, as to form, the Subdivision Improvement Agreement and the Public Improvement Surety Bond Forms.

PREVIOUS COUNCIL ACTION:

March 10, 2009 - City Council conditionally approved TTM No. 35392 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.

FISCAL IMPACT:

There are no impacts to the General Fund.

ALTERNATIVE(S):

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1. Do not approve Tract Map No. 35392, SIA, and Improvement Security

2. Provide alternate directions to staff.

ATTACHMENT(S):

Attachemnt 1 - Resolution Approving a Subdivision Improvement Agreement TR35392 Attachment 2 - Exhibit A_SIA and Improvement Security
Attachment 3 - Tract Map 35392 Revised

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CITY COUNCIL RESOLUTION NO. 2023-xxx 1

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEMET, CALIFORNIA APPROVING A SUBDIVISION

IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITY AND FINAL TRACT MAP No. 35392
GENERALLY LOCATED WEST OF CAWSTON AVE.,
EAST OF WARREN RD., NORTH OF THORNTON AVE.,
AND SOUTH OF STETSON AVE. (PULTE HOME

COMPANY LLC)
WHEREAS, Tentative Tract Map No. 35392, submitted for
approval by the original developer and owner, was conditionally approved by the City of Hemet City Council on March 10, 2009; and WHEREAS, Tentative Tract Map No. 35392, comprised in
whole of 150 single-family residential lots, 13 lettered lots for street and public utility purposes, nine lettered lots to be dedicated in fee to the City for open space, water quality, storm drain, parkway, and emergency vehicle access purposes, six lettered lots to be retained by the Owner for open space, recreation, and drainage purposes.

This is a subdivision of parcels 4, 6, 7, 8, 10, and 13 of Parcel Map No. 19768, as per the map recorded in Book 123, Pages 44 through 49, inclusive, of Parcel Maps in the Office of the County Recorder of said County, lying within Section 19, Township 5 South, Range 1 West of San Bernardino Base and Meridian, in the City of Hemet, County of Riverside, State of California; and WHEREAS, to meet the requirements established as a
prerequisite to final approval of Tract Map No. 35392, the subdivider, Pulte Home Company, LLC, a Michigan limited liability company, has offered to enter into a Subdivision Improvement Agreement, together with good and sufficient security, in

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CITY COUNCIL RESOLUTION NO. 2023-xxx 1
conformance with the City Attorney’s approved format, for approval and execution by the City; and
WHEREAS, the Subdivision Improvement Agreement and
good and sufficient security have been accepted by the City; and WHEREAS, staff has reviewed the proposed final map of
Tract Map No. 35392 and finds it to be technically correct and in conformance with the Subdivision Map Act and local ordinance; and WHEREAS, the City of Hemet City Council at its regular
meeting of March 10, 2009, held in compliance with all applicable laws and after due consideration, did by approval of City Council Resolution Bill No. 4294 find and adopt the final Mitigated Negative Declaration and Mitigation Monitoring Program in which it was determined that the project would not have a significant impact on the environment with adoption of the mitigation measures included therein; and
WHEREAS, the City of Hemet City Council at its regular
meeting of March 10, 2009, did by approval of City Council Resolution Bill No. 4294, approve Tentative Tract Map No. 35392 with conditions included therein; and
WHEREAS, the City of Hemet Planning Commission at its
regular meeting of April 19, 2022, did by approval of the Planning Commission grant an extension of time to March 10, 2027.

NOW, THEREFORE, the City Council of the City of Hemet
does hereby find and resolve:
1) That the foregoing recitals are true and
correct.
2) That the location and configuration of the
lots to be created by Tract Map No. 35392
substantially comply with the previously
approved Tentative Map.

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CITY COUNCIL RESOLUTION NO. 2023-xxx 1
3) That the Subdivision Improvement
Agreement attached hereto as Exhibit “A” is
approved and the City Manager is
authorized to execute it and the City Clerk
is authorized to attest thereto and cause the
same to be recorded with the Riverside
County Recorder.
4) That said improvement security is accepted
as good and sufficient, subject to approval
as to form and content thereof by the City
Attorney.
5) That, pursuant to Government Code section
66458, Tract Map No. 35392 is approved,
and City accepts the real property
described therein as:
a) an easement for street and public utility
purposes of
i) Lot “AA” (Amaryllis Street)
ii) Lot “BB” (Birchwood Avenue),
iii) Lot “CC” (Buckskin Court),
iv) Lot “DD” (La Quinta Avenue),
v) Lot “EE” (Cedarwood Street)
vi) Lot “FF” (Stirrup Court, Kingfisher
Street, Goldfinch Street, Stratton
Court),
vii) Lot “GG” (Paint Court),
viii) Lot “HH” (Brodig Court),
ix) Lot “II” (Pintail Court),
x) Lot “JJ” (Roan Avenue),
xi) Lot “KK” (Thornton Avenue),
xii) Lot “LL” (Fisher Street),
xiii) Lot “MM” (Stetson Avenue),
b) In fee for open space and water quality
purposes:
i) Lot “A”,

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CITY COUNCIL RESOLUTION NO. 2023-xxx 1
ii) Lot “O”,
c) In fee for open space and storm drain
purposes:
i) Lot “M”,
ii) Lot “N”,
d) In fee for open space and parkway
purposes:
i) Lot “D”,
ii) Lot “G”,
iii) Lot “H”,
iv) Lot “I”,
e) A 20-foot storm drain easement within:
i) Lot “K”;
and the Mayor is authorized to execute the City Acceptance Statement on behalf of the City and the City Clerk attest thereto and cause the same to be recorded with the Riverside County Recorder.

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CITY COUNCIL RESOLUTION NO. 2023-xxx 1
PASSED, APPROVED AND ADOPTED this 8th day of
August 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2023-xxx 1
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 8th day of August, 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
Subdivision Improvement Agreement
With Surety Bonds

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EXHIBIT B
Tract Map 35393

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RECORDING REQUESTEDBY AND
WHEN RECORDED RETURN TO:

CITY OF HEMET

CITY CLERK
445 E FLORIDA AVENUE
HEMET, CA 92543
Space above this line for Recorder’s Use Exempt from Fees Per Gov. Code § 6103

SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision No. 35392
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into this __ day of , 2023 (“Effective Date”) by and between the City of Hemet, a Municipal Corporation, hereinafter referred to as "City," and Pulte Home Company, LLC, a Michigan limited liability company, hereinafter referred to as “Subdivider.” For the purposes of this Agreement the City and Subdivider are sometimes hereinafter referred to as "Party” and hereinafter referred to as the “Parties.”

RECITALS
A. Subdivider has presented to the City a parcel map or ?nal map of a proposed subdivision of land located within the corporate limits of the City that has been prepared in accordance with the Subdivision Map Act of the State of California, the City of Hemet Municipal Code, and the tentative map of the Subdivision previously approved by the City.

B. The proposed subdivision of land is commonly known and described as Subdivision No. 35392 and is hereinafter referred to as the "Subdivision” or the "Project." C. Subdivider has requested approval of a parcel map or ?nal map prior to the construction and completion of the public improvements, which may include, but is not limited to streets, highways, public ways, sidewalks, curbs, gutters, storm drainage facilities, public utility facilities, landscaping, design standards which are part of the provisions for lot grading and drainage in or appurtenant to the Subdivision, and other public improvements that are required by the Subdivision Map Act, City MunicipalCode,the tentative map (and approvals given in connection therewith), and ?nal grading plan, if any, approved by the City. The foregoing improvements, for which the corresponding improvement plans are listed in Table 1 below, are hereinafter referred to as "the Required Improvements." D. Table 1: Plans for Required Improvements (Approved plans shall be incorporated herein by this reference)
Street Improvement/ Storm Drain Plan,TR35392
Offsite Street Improvement / Storm Drain Plan, TR35392
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Signing and Striping Plan Onsite, TR35392
Offsite Signing and Striping Plan, TR35392
In Tract Street Lighting Plans for Rancho Diamante (Morgan Crossing), TR35392 Street Light Plan (LS~3),TR35392
Perimeter Wall Plan, TR35392
Interior Tract CMU Wall and Retaining Wall Plans, TR35392 Water, Sewer and Recycled Water Improvement Plans Morgan Crossing, TR35392 HOA Landscape Plans for City of Hemet, Morgan Crossing TR35392 CFD Landscape Plans for City of Hemet, Morgan Crossing TR35392 for Hemet Subdivision
NOW, THEREFORE, the Parties agree as follows:

1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

2. Performance of Work. Subdivider agrees to furnish, construct and install at Subdivider's own expense the Required Improvements as shown on the plans and speci?cations of the Subdivision, a copy of which is on ?le in the office of the Director of Development Services, and is incorporated herein by this reference, along with any changes or modi?cations as may be required by the City Engineer due to errors, omissions, or changes in conditions.The plans and speci?cations of the Required Improvements may be modi?ed by the Subdivider as the development progresses, subject to the prior written approval of the City Engineer. The Subdivider also agrees to pay all City engineering fees and other City fees including overhead fees incurred during the performance of this Agreement, all of which are covered by the attached bonds. The total estimated cost of the Required Improvements, as determinedby the City Engineer, is $16,214,000.

3. Work Shall Be To The Satisfactionof City Engineer. All of the work on the Required Improvements is to be done at the locations, with the materials, in the manner, and at the grades, as shown upon the approved plans and speci?cations and the City's improvement standards and standard speci?cations, to the satisfaction of the City Engineer. Subdivider shall protect, maintain and repair all work installed by Subdivider prior to acceptance of the Required Improvements, including but not limited to signing, striping, activation of all street lighting, traf?c signals, and irrigation controllers. Subdividershall pay all utility costs associated with the Required Improvements until (i) the City agrees to take over payment of these costs OR (ii) one year has elapsed after the City accepts the Required Improvements, whichever occurs ?rst. Subdivider shall maintain all landscaping within existing or future public right-of-ways and property (i.e., landscaping intended to be publicly maintained at a future date) until (i) the City agrees to take over maintenance of the landscaping OR (ii) three years has elapsed a?er the City accepts the Required Improvements, whichever occurs ?rst.

4. Iniurvto Public Improvements. Public Property or Public Utilities Facilities. Subdivider shallreplace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivisionmonuments which are destroyedor damaged in the Page I2

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performance of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivisionthereof, or by the City or any public or private utility corporation or by any combinationof such owners. Any repair or replacement shall be to the satisfactionof the City Engineer.

5. Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspectionof the Required Improvements and other public improvements by the City. Upon completion of the work, the Subdividermay make a written request a ?nal inspection and acceptance of the Required Improvements by the City Engineer. Such request shall be made at least forty-?ve (45) days’ prior to the requested acceptance date and shall be accompaniedby: (i) as-builts of the Required Improvements certi?ed by the Subdivider’s professionalengineer and (ii) written acceptance of those Required Improvements for other public agencies. The City Engineer shall then inspect the Required Improvements and if the City Engineer determines that the work has been completed in accordance with this Agreement, then the City Engineer shall submit the request for acceptance to the City Council. No Required Improvements shall be submitted to the City Council for ?nal acceptance unless all aspects of the work have been inspected and determinedto have been completed in accordance with the City’s improvement standards and standard speci?cations, including but not limited to providing the Required Improvements free and clear from liens. Subdivider shall bear all costs of plan check, inspection, certi?cation and all City overhead costs. If the City Council accepts the Required Improvements, such acceptance shall be effective the date approved by the City Council or such other date as the City Council may direct.

6. Subdivider’s Obligation to Warn Public during Construction. Until ?nal acceptance of the Required Improvements, Subdivider shall give good and adequate warning to the public of each and every dangerous condition existing in the Required Improvements area, and shall take reasonable actions to protect the public from such dangerous condition.In addition, any claims received by the City from third parties for damage from construction of the Required Improvements or improvements shall be tendered to Subdividerfor addressing indemni?cationpursuant to Section 14, and potential payment at the City's request should the City determine such damage is the result of Subdivider or Subdivider contractor'swork.

7. Superintendenceby Subdivider. Subdivider shallrequire each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Required Improvements. In addition, Subdivider shall maintain an office with a telephone and Subdivideror a person authorizedto make decisions and to act for Subdivider in Subdivider‘s absence shall be available on the job site within three (3) hours of being called at such of?ce by the City during the hours of 8:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performedon the Required Improvements.

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8. Work, Time for Commencement and Performance. Work on the Required Improvements shall be completed within 36 months of execution of this Agreement; provided, however, the Required Improvements shall not be deemed to be completed until accepted in writing by the City.

9. Time is of the Essence and Request for Extension.
(a) Time is of the essence in this Agreement. The date for completion of the Required Improvements may not be extended, except as provided in this paragraph. The City Engineer may extend the date for a maximum of three hundred and sixty—?ve (365) days due to delays in the work actually caused by inclement weather, riots, strikes, lockouts, ?res, earthquakes, ?oods and conditions resulting therefrom, or for other reasons beyond the control of the Subdivider. Extension of the date for any other cause or beyond three hundred and sixty-?ve (365) days shall be made only by the City Council. Extensions shall be granted only upon a showing of good cause by the Subdivider. The City Council or City Engineer, respectively speci?ed in this paragraph shall be the sole and ?nal judge as to whether good cause has been shown to grant the Subdivider to an extension.
(b) Requests for extension of the completion date shall be in writing and delivered to the City thirty (30) days prior to the expiration of the date speci?ed in Section 8 in the manner hereinafter speci?ed for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City.
(c) In the event the City extends the time of completion of the Required Improvements, such extension may be granted without notice by the City to the Subdivider's surety and shall in no way release any guarantee or security given by the Subdivider pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time. (d) In granting any extension of time, the City may require new or amended improvement security in amounts increased to re?ect increases in the costs of constructing the Required Improvements or impose other conditionsto protect its interests and ensure the timely completion of the Required Improvements.

10. Utility Undergrounding and Relocation Costs. Subdivider shall assume all costs for utility and cable television undergrounding and/or relocation which is not the responsibilityof the cable television, gas, electric, telephone, or other utility company under the terms of the franchises with the City or otherwise imposed upon the utility companies by law.

11. Improvement Security. Concurrently with the execution of this Agreement, the Subdivider shall fumish the City with:

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(a) Faithful Performance. Subdivider shall provide faithful performance security as set forth in the City Municipal Code to secure faithful performance of this Agreement (the "Performance Security"). This Performance Security shall be in the amount of one hundred (100%) percent of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $16,214,000. (b) Payment Security. Subdivider shall also provide payment security as set forth in the City Municipal Code to secure payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the work (the "Payment Security"). This Payment Security shall be in the amount of 100 percent of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $16,214,000 and shall secure the obligations set forth in Section 8000 et seq. of the Civil Code of the State of California.

Guarantee and Warranty Security. Subdivider shall also ?le with this Agreement a guarantee and warranty security in the amount of 10 percent of the total estimated cost of the Required Improvements (the "Warranty Security"), as determined by the City Engineer, which total cost is in the amount of $1,621,400 to guarantee and warrant the Required Improvements for a period of one (1) year following their completion and acceptance against any defective work or labor done, or defective materials furnished.

This Warranty Security shall also secure Subdivider’s obligation to pay all City engineering fees, overhead fees, and City fees incurred during the warranty period. (d) Monument Security. Subdivider shall also file with this Agreement a "monument (6)
(0
security" in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments (the "Monument Security") in the Subdivision, as determined by the City Engineer, which total cost is in the amount of $130,000, to guarantee and secure the placement of such monuments.

Bonds. Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner of the State of California as "admitted surety insurers," to act as surety upon bonds and undertakings. The company shall maintain in the state of California at least one office for the conduct of its business. Bonds must be approved by City. The bonds shall be furnished on the forms enclosed following this Agreement and shall be satisfactory to the City. All required securities shall be in a form approved by the City Attorney. The surety (or sureties) shall furnish reports as to its ?nancial conditions from time to time as requested by the City. The premiums for said bonds shall be paid by Subdivider.

Changes to Agreement of Plans. No change, alteration, or addition to the tenns of this Agreement or the plans and speci?cations incorporated herein shall in any manner affect the obligation of the sureties, except as otherwise provided by the Subdivision Map Act.
(g) Irrevocable. The securitiesshall be irrevocable, shall not be limited as to time and shall Page | 5
provide that they may be released, in whole or part, only upon the written approval of

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the City Engineer and as provided in Section 12. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Subdivider's completion of the Required Improvements, whether or not the surety is given notice of such an extensionby the City. (h) Attorney—In-Fact.The Attorney—in—Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his/her authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers.

12. Release of Security.
(a) Guarantee and Warranty Security. Any unused portion of the Warranty Security may be released one (1) year after acceptance of the Required Improvements by the City.

The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. Any unreleasedportion of the Warranty Security shall remain in full force and effect unless and until the City noti?es Subdividerin writing that the necessary repairs have been made to the satisfaction of the City Engineer and that the warranty period has been successfully completed.
(b) Payment Security. The Payment Security may be released thirty- ?ve (35) days after passage of the time within which claims of lien are required to be recordedpursuant to California Civil Code Section 8000 et. seq., but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the total of all claims on which an action has been ?led and notice thereof given in writing to the City. City expresslymay require the surety not to release the amount of the Payment Security deemed necessary by City to assure payment of reasonableexpenses and fees, including reasonable attorney's fees.
(c) Faithful Perfomiance Security.

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i. The Performance Security shall be released upon ?nal completion and acceptance of the Required Improvements by the City and in accordance with Government Code Section 66499.7. Partial release of the Performance Security shall be approved only as required by, and subject to the conditions and limitations set forth in Government Code Section 66499.7.
ii. If the City approves the partial release of the Performance Security, the City may accept replacement security at the required reduced level as a substitutefor the originalsecurity, but the release of the originalsecurity shall not be effective until the City Engineer approves the form and amount of the replacement security. If the partial release is effected

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through a reduction in the amount of the existing security, the Subdivider shall provide to the City written acknowledgement by the issuer of the Performance Security that the existing Performance Security remains in full force and effect at the reduced level.
iii. A reduction in Performance Security under this section is not and shall not be deemed to be an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibilityof the Subdivider until all of the RequiredImprovements have been accepted in writing by the City and all other required improvements have been fully completed in accordance with the plans and speci?cations for the Required Improvements.
((1)Monument Security. The Monument Security may be releasedupon acceptance of the required monument installation by the City Engineer.

13. Inspection and Other Fees. The Subdivider shall pay to the City all fees imposed in connection with the design, construction and inspection of the Required Improvements including City overhead costs. These fees must be paid in full prior to the City's acceptance of the Required Improvements and are covered under the bonds of this Agreement. The fees referred to above are not necessarily the only City fees, charges or other costs that have been, or will be, imposed on the Subdivision and its development, and this Agreement shall in no way exonerate or relieve the Subdividerfrom paying such other applicablefees, charges, and/or costs.

14. Defense.Indemni?cationand Hold Harmless.
(a) The Subdivider shall defend, indemnify, and hold harmless the City, its of?cers, employees, agents, and elective and appointive boards from any and all claims, losses, damages, including property damage, personal injury, including death, costs, including attorney fees, and liability of any kind or nature, including without limitation, liabilities and/or penalties arising out of the Prevailing Wage laws, directly or indirectly arising out of or in any way connectedwith performance under this Agreement and/or the construction of the Required Improvements by the Subdivider, contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for the Subdivider, contractor or any subcontractor, except those matters arising from the sole active negligence or willful misconduct of the City, as determinedby a court of competent jurisdiction unless and until such judicial determinationis made, or as otherwise agreed by the Parties, Subdivider shall remain obligated to defend, indemnify, and hold harmlessthe City, its of?cers, employees, agents, and elective and appointed boards pursuant to this Agreement.
(b) This defense, indemni?cation and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring after completion of the constructionof the RequiredImprovements as well as during Page | 7

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construction, and shall apply regardless of whether or not the City has prepared, supplied or approved the plans and/or speci?cations for the Required Improvements or has inspected or accepted the same. Acceptance of insurance required under this Agreement shall not relieve Subdivider from liability under this section. (c) The Parties intend that this section shall be broadly construedto effectuate its purpose.

The provisions of this section shall survive termination or suspension of this Agreement.
l5. EnvironmentalWarranty.
(a) Prior to the acceptance of any dedications or Required Improvements by City, Subdivider shall certify and warrant that: neither the property to be dedicated nor Subdivider are in violation of any environmental law and neither the property to be dedicated nor the Subdivider are subject to any existing, pending, or threatened investigation by any federal, state or local governmental authority under or in connection with any environmental law. Neither Subdivider nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance, except in compliance with all applicable environmental laws. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. Subdivider shall give prompt written notice to City at the address set forth herein of:
i. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereoffrom or to any other property adjacent to, or in the vicinity o? the property to be dedicated;
ii. Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardoussubstance; and
iii. Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or suit under any environmentallaw. b As used in this A reement, the tenn "hazardoussubstance" includes any hazardous or g toxic substance or material or waste, including but not limited to all types of gasoline, oil, and other petroleumhydrocarbons, asbestos, radon, polychlorinatedbiphenols Page | 8

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(PCBs), or any other chemical, material, controlled substance, object, condition, waste, living organism or any combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful properties of effects, which is now, or in the future becomes, listed, de?ned or regulated in any manner by any federal, state, or local City based directly or indirectly upon such properties.

16. SubdiVider'sInsurance.
(a) Subdivider Shall Maintain Insurance. Subdivider shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Agreement, the policies of insurance speci?ed in this section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with an AM. Best rating of no less than A:VII. (b) Subdivider to Provide Evidence of Insurance. Prior to the execution of this Agreement and prior to the commencement of any work, the Subdivider or its insurance broker shall deliver the required proof of insurance compliance, consisting of Insurance Services Of?ce (ISO) endorsement forms or their equivalent and the ACORD form 25- S certificate of insurance (or its equivalent), evidencing all required coverage to City.

City may designate an insurance certi?cate processor ("Processor")to accept and process Subdivider's proof of insurance. Subdivider shall deliver copies of the actual insurance policies, renewals, or replacements directly to City or Processor upon their request. Subdivider shall not allow any contractor or subcontractorto commencework until the same insurance is ?rst obtained by such contractor or subcontractor.

Certi?cates shall be signed by a person authorized by the insurer, or insurers, to bind coverage on their behalf. As an alternative to providing the City with approved forms of certi?cates of insurance and endorsements, the Subdivider may provide complete, certi?ed copies of all required insurance policies, including endorsements, affecting the coverage required by this section. At any time, at the written request of the City, Subdivider agrees to ?1I‘l’liS1’1 one or more copies of each required policy including declarationspages, conditions, provisions, endorsements, and exclusions. Such copies shall be certi?ed by an authorizedrepresentative of each insurer. (c) No Suspension of Insurance. The Subdividershall serve the City notice, in writing by certified mail, within two (2) days of any notices received from any insurance carriers providing insurance coverage under this Agreement that concern the suspension, voidance, cancellation, termination, reduction in coverage or limits, non—renewal,or material changes of coverage proposedor otherwise.
((1)Deductibles. Any deductibles, or self—insuredretentions, exceeding ?ve thousand Page | 9
($5,000) dollars must be declared to, and approvedby, the City. Upon request by the City, Subdividershall demonstrate ?nancial capability for payment of such deductibles or self-insuredretentions.

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(e) Coverages Shall Not Limit Obligations. The requirement as to types, limits, and the City's approval of insurance coverage to be maintained by Subdivider are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Subdivider under the Agreement.
(0
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Required Limits. Subdivider and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the term of this Agreement, not less than the following coverage and limits of insurance, which shallbe maintainedwith insurers and under forms of policy satisfactory to the City. The maintenance of Subdivider and its contractors and subcontractors of the following coverage and limit of insurance is a material element of the Agreement. The failure of Subdivider or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Agreement. i. Workers‘Compensation Insurance. Subdivider shall maintain, during the term of this Agreement, Workers‘ Compensation insurance for all of Subdivider‘s employees as required by Labor Code section 3700 of the State of California and Employer's Liability Act, including Longshoremen's and Harbor Workers‘ Act ("Acts"), if applicable. Employer's Liability limits shall not be less than one million ($1,000,000) dollars per occurrence. The Subdivider shall execute a certi?cate in compliance with Labor Code section 1861, on the form attachedto this Agreement. The insurer shall agree to waive all rights of subrogation against the City, its officers, of?cials, and employees for losses arising from work falling within the terms of this Agreement. Subdivider shall indemnify and hold harmless the City for any damage resulting to it, including attorney fees, from failure of either Subdivider or any contractor or subcontractor to take out and maintain such insurance.

CommercialGeneral Liability Insurance. Subdividershall maintain during the term of this Agreement such commercialgeneral liability insurance as shall insure the City, its elective and appointive boards and commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. The insurance shall include, but not be limited to, protection against claims arising from death,bodily or personal injury, or damage to property resulting from actions, failures to act, or operations of Subdivider, any contractor's or subcontractor‘s operations hereunder, whether such operations are by Subdivider or any contractor or subcontractor or by anyone directly or indirectly employed by either Subdivider or any contractor or subcontractor. The amount of insurance coverage shall not be less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) dollars per policy aggregate. As an alternativeto the policy aggregate the Subdivider may have an aggregate limit of one million ($1,000,000) dollars per project apply. Coverage shall be at least as broad as Insurance Services Of?ce "occurrence form CG 00 01 (ed. 10/0l)" covering commercialgeneral liability or its equivalent.

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iii. Endorsements. Subdivider shall see that the commercial general liability insurance shall include, or be endorsed to include, the following:
a. Provision or endorsement naming the City of Hemet, its of?cers, employees, agents, boards, commissions, and volunteers as Additional Insureds with respect to liability arising out of the performance of any work under this Agreement.
b. Provision or endorsement waiving any rights of subrogation against the City, its of?cers, officials, employees, agents, boards, commissions and volunteers.
c. Provision or endorsement stating that insurance is primary insurance with respect to the City, its of?cers, employees, agents, boards, commissions, and volunteers, to the extent the City is an additional insured. Any insurance or self—insurancemaintainedby the City, its of?cers, officials, employees, agents, boards, commissions, and volunteers shall be in excess of the Subdivider'sinsurance and shall not contribute with it.
d. Provisionor endorsementstating that the Subdivider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (cross—liability).
e. Provision or endorsement stating that any failure to comply with reponing or other provisions of the policies including breaches of representations shall not affect coverage provided to the City, its of?cers, employees, agents, boards, commissions, and volunteers.

17. Prevailing Wage. Required Improvements may be subject to the payment of prevailing wage under California Labor Code Section 1720. In the event Subdivider does not pay prevailing wages for the work performedunder this Agreement, the Subdividershall pay all penalties and wages as requiredby applicable law and defend, indemnify, and hold harmlessthe City pursuant to sections 13 and 14 of this Agreement.

18. Title to Required Improvements.
(a) The City shall not accept any real property to be dedicated or the Required Improvements unless they are constructedin conformity with the approvedplans and speci?cations, approved modi?cations, if any, the approved ?nal or parcel map, and the City’s improvement standards and speci?cations, to the satisfaction of the City Engineer. Until such time as the Required Improvements are accepted by the City, Subdividershall retain title and shall be responsiblefor, and bear the risk of loss to, any of the improvements constructedor installed.

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(b) Title to and ownership of any real property to be dedicated and the Required Improvements constructedunder this Agreement by Subdivider shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from liens. Prior to acceptance, Subdivider shall supply the City with appropriate lien releases, at no cost to and in a fonn acceptable to the City.

19. Repair or Reconstruction of Defective Work. If, within a period of one (1) year after ?nal acceptance by the City of the Required Improvements, any Required Improvement or part of any Required Improvement furnished and/or installed or constructed, or caused to be installed or constructedby Subdivider, or any of the work done under this Agreement materially fails to ful?ll any of the requirements of this Agreement or the speci?cations referred to herein, Subdividershall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Required Improvements. If the Subdivider fails to act promptly or in accordancewith this requirement, or if the exigencies of the situationrequire repairs or replacements to be made before the Subdivider can be noti?ed, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus twenty-?ve (25%) percent for administrativecosts within thirty (30) days of the date of billing for such work by City.

20. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider‘s agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Subdivider's obligations under this Agreement.

21. Notice of Breach and Default.
(a) The following shall constitute a default under this Agreement:
i. If Subdivider refuses or fails to prosecute the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time speci?ed, or any extension thereof, or fails to complete the Required Improvements within such time;
ii. If Subdivider should be adjudged a bankrupt, or Subdividershouldmake a general assignment for the benefit of Subdivider'screditors, or if a receiver should be appointed in the event of Subdivider's insolvency; iii. Or if Subdivider or any of Subdivider's contractors, subcontractors, agents or employeesshould violate any of the provisions of this Agreement. (b) In the event of Subdivider's default, Subdivider shall be deemed to be in breach of this Agreement and the City may serve written notice upon Subdividerand Subdivider's surety, if any, of the breach of this Agreement. Subdividershall have ?fteen (15) calendar days from receipt of written notice by City to cure any default.

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(c) The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement. The City shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate the City’s damages in event of default by Subdivider. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. It is specificallyrecognized that the estimated costs and security amounts may not re?ect the actual cost of construction or installation of the Required Improvements and, therefore, the City damages for Subdivider's default shall be measuredby the cost of completing the Required Improvements. The sums provided by the Improvement Security may be used by the City for the completion of the Required Improvements in accordance with the improvement plans and speci?cations contained herein. The Improvement Security includesthe Payment Security, Performance Security, Warranty Security, Monument Security and any other improvement security required by Section 11 of this Agreement.
(d) In the event of Subdivider's default under this Agreement, Subdivider authorizes the City to perform such obligation twenty (20) calendar days after mailing written notice of default to Subdividerand to Subdivider's Surety, and agrees to pay the entire cost of such perfonnance by City.
(6) City may take over the work of the Required Improvements and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider'sSurety shall be liable to the City for any excess cost or damages occasioned City thereby; and, in such event, the City, without liability for so doing, may take possession of, and utilize in completing the work, suchmaterials, appliances,plants and other property belonging to Subdivider as may be on the site of the work and necessary for perfonnance of the work. (i) Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the ?ling by the City of a notice of violation against all the lots in the Subdivision.The remedy provided by this section is in addition to and not in lieu of other remedies available to the City. Subdivider agrees that the choice of remedy or remediesfor Subdivider'sbreach shall be within the discretion of the City. (g) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurredby the City in securing performance of such obligations, including costs of suit and reasonable attorneys‘ fees. (h) The failure of the City to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or subsequent default or breach of Subdivider.
(i) Subdividerrecognizes that by approval of the ?nal map for the Subdivision, the City has conferred substantialrights upon Subdivider, including the right to sell, lease, or ?nance lots within the Subdivision, and has taken the ?nal act necessary to subdivide Page | 13

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the property within the Subdivision. As a result, the City will be damaged to the extent of the cost of installation of the Required Improvements by Subdivider's failure to performits obligations under this Agreement, including, but not limited to, Subdivider's obligation to complete construction of the Required Improvements by the time established in this Agreement. The City shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by Subdivider.

22. Building Permit Sign—Off or Issuance of Certificate of Occupancy. The City will not ?nal or sign off as complete any building permit or issue any certi?cate of occupancy for any building constructedwithin the Subdivision unless and until all required streets have been paved and the City Engineer determines, in his/her sole discretion, that completion of the Required Improvements will not materially interfere with the intended uses of the properties within the Subdivision.

23. Notices. 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. 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 certi?ed mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Hemet
Attn: City Engineer
445 E Florida Avenue
Hemet, CA 92543
To Subdivider: Pulte Home Company, LLC
Attn: Darren Warren
27401 Los Altos, Ste. 400
Mission Viejo, CA 92691

24. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provisionof this Agreement.

25. Personal Nature of Subdivider's Obligations/Assignment. Notwithstanding section 31 of this Agreement, all of Subdivider's obligations under this Agreement shall remain the personal obligations of Subdivider notwithstanding a transfer of all or any part of the property within the Subdivision subject to this Agreement, and Subdividershall not assign any of its obligations under this Agreement without the prior written consent of the City.

26. Acquisition and Dedication of Easements or Rights—of-Way‘. Ifany of theRequired Improvements are to be constructedor installedon land not within the S11l’Jd1VlS101’1 or an Page] 14

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already existing public right-of-way, no construction or installation shall be commenced before:
(a) The irrevocable offer of dedication or conveyance to City of appropriate rights-ofway, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Required Improvements, or
(b) The issuance of an order of possessionby a court of competent jurisdiction pursuant to the State Eminent Domain Law. Subdivider shall complyin all respects with any such order of possession.
(c) Nothing in this section shall be construed as authorizing or granting an extension of time to Subdivider for completion of the Required Improvements.

27. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement including, but not limited to, obtaining all applicable permits and licenses.

28.No Vesting of Rights. Entering into this Agreement shall not be construed to vest Subdivider‘srights with respect to any change in any zoning or building law or ordinance.

29. Approvals by City. Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City.

30. Constructionand Interpretation. It is agreed and acknowledged by Subdividerthat the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisionsreviewed by legal counsel.Therefore, the normal rule of constructionthat any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

31. Successors and Assigns -— Covenant Running With the Land. This Agreement shall inure to the benefit and burden of, and binding upon, the successorsand assigns of the respective Parties. This Agreement shall be recorded in the Of?ce of the Recorder of Riverside County concurrently with the final map or parcel map of the Subdivision. This Agreement shall constitute a covenant running with the land and an equitable servitudeupon the real property within the Subdivision.

32. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amendedor modi?edby mutual writtenconsent of the Parties.

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33. Actions. Any action by any Patty to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Riverside, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location.The law governing this Agreement is the law of the State of California.

34. lntegration. This Agreement is a fully integrated Agreement. It supersedes all prior negotiations, representations,or agreements, either written or oral.

35. Modification.This Agreement may be amendedonly by a written instrumentsignedby the Parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by the Subdivider.

36. Release of Agreement. When all obligations of the Subdivider, as set forth in the Agreement, have been satis?ed as determinedby the City Engineer, or his or her designee, he or she shall have the authority to record with the Riverside County Recorder a Release of Recorded Document releasing the Agreement so as to have no further force and effect on the property chain of title. Section 14 shall continue to survive as previouslylaid out in said section.

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

CITY OF I-IEMET SUBDIVIDER

CITY MANAGER PUL OME COMPANY, LLC
By: C
,,
M ., W_N,____H_,_________,~__, By:

Darren Warren
Division Vice President of Land
Acquisitionand Development
ATTEST:

CITY CLERK
By: u.._.._._.u
APPROVED AS TO FORM:

CITY ATTORNEY
By: ,,,,,,, ,__.. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Mme

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ACKNOWLEDGMENT
A notary public or other officer completing this
certi?cate veri?es only the identity of the individual
who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validityof that document.

State of California
County of ORANGE )
on MAY9, 2023 before me, TAYLORCOLLEENBLOCK,NOTARYPUBLIC (insert name and title of the officer)
personally appeared DARRENWARREN
who proved to me on the basis of satisfactory evidence to be the person(-5) whose name(-s—)islare subscribed to the within instrument and acknowledged to me that helshe?they executed the same in hislherltheir authorized capacityéiee), and that by hisiheritheir signature(s)—on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument.

I certify under PENALTYOF PERJURY under the laws ofthe State of Californiathat the foregoing paragraph is true and correct.
1 »
r . Notary
mum
Public

COLLEEN
- California

BLOCK I
WITNESS my hand and officialseal.
‘
' ?ange coumy 2
Commission12417975 4*1 - Mycurnmi?xplre-sSep23.2026[
Signature (Seal)

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Lisle
EXHIBIT “B”

SURETY BONDS AND OTHER SECURITY
TRACT NO. 35392
As evidence of understanding the provisions contained in this Agreement, and of the Builder’s intent to comply with same, the Builder has submitted the below described security in the amounts required by this Agreement, and has af?xed the appropriate signatures thereto:

PERFORMANCE BOND PRINCIPAL AMOUNT: $ 16,214,000.00
Surety: The Continental Insurance Company
Attomey—in-fact: Kelly A. Gardner
Address: 801 Warrenville Road
IL 60532
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 16,214,000.00 Surety: The Continental Insurance Company
Attomey-in-fact: Kelly A. Gardner
Address: 801 Warrenville Road
Lisle, IL 60532
CASH MONUMENT SECURITY: $ 130,000.00
Amount deposited per Cash Receipt No. 1247876 Date: 5/12/23 RIV #4830-8901-9593 V1 SUBDIVISION IMPROVEMENT AGREEMENT

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The Continental Insurance Company
BOND NO. 30190080
INITIAL PREMIUM: 4g_542_00

SUBJECT TO RENEWAL

CITY OF HEMET
TRACT MAP NO. 35392 IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet, California (“City”) and Pulte Home Company, LLC, a Michigan limited liability company (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, water system, sanitary sewers, utilities, drainage facilities, traf?c controls, landscaping, street lights, and all other required facilities for Tract Map No. 35392 (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated May 9, 2023 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and suf?cient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and (“Surety”),
a corporation organized and existing under the laws of the State of Pennsylvania and duly authorized to transact surety business under the laws of the State of California, are held and ?rmly bound unto City in the sum of Sixteen Million Two Hundred Fourteen Thousand and Zero Dollars, ($16,214,000), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, ?rmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein speci?ed and in all respects according to their intent and meaning, and to indemnify and save harmless City, its of?cers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

RIV #4830-8901-9593 V1 IMPROVEMENT

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X‘€8S|ll'€l'
As part of the obligation secured hereby, and in addition to the face amount speci?ed therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, pro?les, and speci?cations related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and ?led to comply with Section 66499 g Lq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto af?xed, and the corporate seal and the name of the Surety is hereto af?xed and attested by its duly authorized Attomey-in-Fact at Downers Grove IL, this 24”‘day of May, 2023.

Pulte Home .LLC The Continental Insurance Company
Principal Surety
By:

Rives Kelly A. Gardner
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.

RIV #4830-8901-9593 V1 SUBDIVISION IMPROVEMENT AGREEMENT

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4.1/.
company. describe in and which executed Ihr-.above |l1.Il1|el'Il;li|BIhe knows the seal of said insurance company: Iharrhe se affixed Io mesaid ursuanrIn authority given by the Board of Directorsof said insurance mpany and lhal he inslrumenl issuch orpomle seal; rim it was so at?xe Io be the ac! and deed of said insurancecompany.

M. BENT
mm [22 M
omie BoardofDircclors oflhe lance comp raise, and rnriiiercertify mmareBy~Lawand Rmiin name and mixed on:sea urine insurance Attorney here n above sci forui roe. In testimony whereofl have hereuntosubscribed primed on the reversehereof is ’i3.,D.,.w»\
www.cnasureg.cum

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principaloffice in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein a?ixed hereby make, constituteand appoint
James I Moore, Stephen T Kazmer, Dawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Tariese M Pisciotto, Diane M Rubright, Martin Moss, Individually of Downers Grove, IL, itstrue and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby rati?ed and con?rmed.

This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printedon the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.

In Witness Whereof, The ContinentalInsurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2021.

The Continental Insurance Company
Paul Bru?at ice President
State of South Dakota, County of Minnehaha, ss: On this 20th day of June, 2021, before me personallycame Paul T. Bru?at to me lmown, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The ContinentalInsurance Company, a Pennsylvania insurance d ins al
c d p
co
signed his name thereto pursuant to like authority, and acknowledges same +---.~nau~-n~.IuIuIu------Iu-u~.-----oI-~-n {-
Ii ”S 5—. r
: 4-.-.-.-.-.-.s-.-.-.-.-.-.-.-.-a-»-----~-.-.-. Q- My Commission Expires March 2, 2026 M. Bent Notary Public

CERTIFICATE
I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of i is still in ion insur any
still in fo my 1 said
company this 24th day of May, 2023
The Continental Insurance Company
D. Johnson Assistant Secretary
Form F6850-4/2012
Go to > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.

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5 Power ufmlomuy issigned and aled by Facsimil:under and by Company by unanimouswritlenc sent dated the 25"‘day of April Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:

This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
“RESOLVED: That any Group Vice President may authorize an officer to sign speci?c documents, agreements and instruments on behalf of the Company providedthat the name of such authorized officer and a descriptionof the documents, agreements or instrumentsthat such officer may sign will be provided in writing by the Group Vice Presidentto the Secretary of the Company priorto such execution becoming effective.

This Power of Attorney is signed by Paul T. Bru?at, Vice President,who has been authorizedpursuant to the above resolutionto execution power of attorneys on behalf of The Continental Insurance Company.

Thi se the authority of the following Resolution adopted by the Board of Directors of the on , 2012.
“Whereas, the bylaws of the Company or speci?c resolution of the Board of Directors has authorizedvarious officers (the “Authorized Officers”) to execute various policies, bonds, undertakings and other obligatory instrumentsof like nature; and Whereas, from time to time, the signature of the Authorized Officers, in additionto being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronicformat (collectively, “Electronic Signatures”), Now therefore be it resolved: that the ElectronicSignature of any Authorized O?cer shall be valid and binding on the Company.”

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May 24, 2023
Kelly A. Gardner
The Continental Insurance Com an
OFF|C|AL SEAL
Alexa coslallo
NOTARYPUEUC.sum or ILLINOIS
Mycum»-Isston Exvlvwuov(B. 2023

STATE OF ILLINOIS
COUNTY OF DU PAGE}
On , before me, Alexa Costello, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, , known to me to be Attomey-in-Fact of the corporationdescribed in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument on behalf ofthe said corporation, and he duly acknowledged to me that such corporation executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and af?xed my of?cial seal,the day an d year stated in this certi?cate above.

My Commission Expires November 19, 2023 T W _W_ _ ATe’xaCostello,Notary Public

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ur
fa

ACKNOWLEDGEM NT BY PRINCIPAL

STA TE OF GEORGIA)
) ss.

COUNTY OF COBB)
This record was acknowledged before me on May 24, 2023, appeared Gregory S. Rives, Pulte Home Company, LLC, who provided to me on the basis of satis actory evidence to be the person who appeared before me and is personally known to me.

WITNESS my hand of?cial seal
T JESSICAMASK _ Notary Public — State of Georgia
Cobb County
My CommissionExpires Feb 7.1, 1026
Si otary ublic
T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026

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The Continental Insurance Company
Pennglva '3
BOND NO. 30190080
INITIAL PREMIUM: 48.642.00

SUBJECT TO RENEWAL

CITY OF HEMET
TRACT MAP 35392 IMPROVEMENTS

FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet California (“City”) and Pulte Home Company, LLC, a Michigan limited liability company (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment,services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traf?c controls, landscaping, street lights, and all other required facilities for Tract Map No. 35392 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated May 9,2023 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporatedherein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attomey’s fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and (“Surety”), a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, are held and ?rmly bound unto City and to any and allmaterial men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of Sixteen Million Two Hundred Fourteen Thousand and Zero Dollars, ($16,214,000), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, ?rmly by these presents.

RIV #4830-8901-9593 v1 IMPROVEMENT AGREEMENT

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the name of the Surety is hereto af?xed and an
Downers Grove IL, thi Eday of May, 2023.

Compary
Gregory
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for Work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such Workand labor, and all other applicable laws of the State of Califomia and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum speci?ed herein.

As part of the obligation secured hereby, and in addition to the face amount speci?ed therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

This bond is executed and ?led to comply with Section 66499 e_t$1. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for constructionof the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the bene?t of any and all persons, companies, and corporationsentitled to ?le claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, pro?les, and speci?cationsrelated thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and ested by its duly authorized
Attorney-in-F act at s
Pulte Home Companv, LLC The ContinentalInsurance
Principal Surety
By:

Treasurer
S. Rives Kelly A. Gardner
(print name) (print name)
RIV #4830—8901-9593V1 SUBDIVISIONIMPROVEMENT AGREEMENT

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an-I :1:-1-juj
-I|'|'-II-" I'I.n'-I I.J'I-I r'£-'H-
'
J-I-I1l—1..jj-—-I-Z-—-Irj
CH1.

NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.

RIV #4830-8901-9593 v1 SUBDIVISION IMPROVEMENT AGREEMENT

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The: :52 he Cnnlincnlnl [rally insur puny.i aduly ma
ng ils nip lhc City ol'Ch nfll docs uflhi: ignalur scal lncrcby c same cxlcnl us inslrunlen
llomey. uthorily hereby g hereby ml.
64/Q
T. ice
On this 20m day ofllma, 2o2l, before inc pclsonallycame PaulT. Bru known. me duly sworn post: and residusin [he Cily ol‘Sioux Falls. Stale ofsouth Dakola:(hm he is a Vice Pr The C0 anoe Company. sylvania company. describedin and which executed meabove inslrumcnl:that he kno illslrumcnl is such corporal: seal; dial it was so nf?xcd pursuant lo aulhnrily signnd his name ihcrclu pursuant lo |ikc aulhorily. and aclmowlcdgessame (0 M. BENT
uuuwruuuc ou-mmun

1.D. lnhnson, AssislanlSccreury orrlie cominenul [llsuranw Company. a P»-nnsglvania insurance cumpany. do hereby can lha| |hI! I’ /momcy hizreinabove scl fol-ln is still in forcc.and furlhcr ccnify lhal lhe By-Lawand Resolution orlhc Board ol’Dircclursurlhc urancc co printedon Ihc rcversc hcreafis still in Force. In leslilncny whereof! have hcreunlo subscribed my mm: and amxed lhe seal oflhe: id insunm ‘©.¢J1.~vw»\
.cnasureg
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY—IN-FACT Know All Men By e Pr nts, That T Insurance Com .a Pennsylvania ance com s organ and existing insurance company havi prin al office in icago, and State linois, and that it by virtue s e and herein affixed hereby make, constitute and appoint
James I Moore, Stephen T Kazmer, Dawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Tariese M Pisciotto, Diane M Rubright, Martin Moss, Individually of Downers Grove. IL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalfbonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them as fully and to th if such ts were signed by a duly authorizedofficer of the insurance company and all the acts of said A pursuant to the a iven is i?ed and continued.

This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printedon the reverse hereof.duly adopted, as indicated, by the Board of Directors of the insurance company.

In Witness Whereof, The ContinentalInsurance Company has caused these presents to be signed by its Vice Presidentand its corporate seal to be hereto attixed on this 20th day of June, 2021.

The Continental Insurance Company
Paul Bru?at President
State of South Dakota, County of Minnehaha.ss: ?at to me who, being by , did de say: that he esident of ntinental Insur a Penn insurance ws the seal of said insurance company: that the seal affixed to the said given by the Board of Directors of said insurance company and that he be the act and deed of said insurance company.
???hhi?h?luhiu?luis?hhwhhhhh3'
I 8 I :'alu‘~‘u‘I'u‘i*uN'V‘I‘I‘I‘I‘-‘|‘I|I'o'I‘I‘I‘v:

My Commission Expires March 2, 2026 M. Bent Notary Public

CERTIFICATE
ify ower of
ins mpany
sa ce
company this 24th day of May, 2023
The Continental Insurance Company
D. Johnson Assistant Secretary
Form F6850-4/2012
www .com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.

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s Power 0 llomey is gned aled by facsimile u
Company unanimo wrill scnldnludthe 25"‘
Authorizing By—Lawsand Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:

This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Boardof Directors of the Company at a meeting held on May 10, 1995.
“RESOLVED: That any Group Vice President may authorize an officer to sign speci?c documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a descriptionof the documents, agreements or instrumentsthat such officer may sign will be provided in writing by the Group Vice Presidentto the Secretary of the Company prior to such execution becoming effective.

This Power of Attorney is signed by Paul T. Bru?at, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalfofThe Continental lnsurance Company.

Thi f A si and se nder and by the authority ofthe following Resolution adopted by the Boardof Directors of the by us en con day of April, 2012.
“Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the “Authorized Officers”) to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, “Electronic Signatures”), Now therefore be it resolved: that the ElectronicSignature of any Authorized Officer shall be valid and binding on the Company.”

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May 24, 2023
Kelly A. Gardner
The an
STATE OF ILLINOIS }
COUNTY OF DU PAGE}
On , before me, Alexa Costello, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, , known to me to be Attomey-in-F act of Continental Insurance Com the corporationdescribed in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.

My Commission ExpiresNovember 19, 2023 )
_g,.1__g‘__U_E_
._,
AIéxaCostello,Notary Public
Commission No. 904586

OFFICIALSEAL
Alexa Costello
NOTARYPUBLIC.STATEOF ILLINOIS
MyCmuunilssionExpires NOV19.2023

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ACKNOWLEDGEMENTBY PR NC PAL

STATE OF GEORGIA)
) ss.

COUNTY OF COBB)
This record was acknowledged before me on May 24, 2023, appeared Gregory S. Rives, Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.

WITNESS my hand of?cial seal.

T JESSICAMASK . Notary Public v- State of Georgia
CobbCounty. 6
My CommissionEXPVE5Feb 21’ Z01
S ry blic
T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026

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TRACT NO. 35392

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TRACT NO. 35392

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 08 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Eddie Pust, Police Chief, Veronica Allen, Management Analyst; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Three Year Agreement for Services between the City of Hemet and the National Institute for Criminal Justice Reform for Technical Assistance on the California Violence Intervention and Prevention (CalVIP) Grant in the amount of $254,320.00 and Authorizing the City Manager to Approve all documents related to 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, Approving the Three Year Agreement for Services between the City of Hemet and the National Institute for Criminal Justice Reform for Technical Assistance on the California Violence Intervention and Prevention (CalVIP) Grant in the Amount of $254,320.00 and Authorizing the City Manager to Approve All Documents Related to the Agreement.

BACKGROUND:

The California Gang Reduction, Intervention, and Prevention (CalGRIP) grant program was a state funded grant designed to reduce gang violence through prevention, intervention and suppression strategies. From 2008 to 2016, the Budget Act annually appropriated $9,215,000 from the State Restitution Fund for CalGRIP.

The State Legislature established the California Violence Intervention and Prevention (CalVIP) Grant Program in Fiscal Year (FY) 2017-18 to replace the CalGRIP grant program, which began in FY 2007-

08. CalVIP provides funding for cities with the goal of reducing violence in the city and adjacent areas.

The Budget Act of 2017 appropriated $9,215,000 in funding, and the Budget Act of 2018 (Senate Bill 840, Chapter 29, Statues of 2018) included an additional $9,000,000 in funding for the CalVIP Grant Program.

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On October 11, 2019, Governor Newsom signed Assembly Bill 1603 (Chapter 735, Statutes of 2019)– also known as the Break the Cycle of Violence Act – which adds Section 14130 to the California Penal Code, codifying the establishment of the CalVIP Grant and the authority and duties of BSCC in administering the program, including selection criteria for grants and reporting requirements to the Legislature.

The Break the Cycle of Violence Act specifies that the purpose of CalVIP is to “improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults.” CalVIP grants shall be used to support, expand and replicate evidence-based violence reduction initiatives, including but not limited to: hospital-based violence intervention programs, evidence-based street outreach programs, and focused deterrence strategies.

These initiatives should seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and aggravated assaults. Further, these initiatives shall be primarily focused on providing violence intervention services to the small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence in the near future.

ANALYSIS:

The California Violence and Intervention Prevention Funds have previously awarded grant funding to cities like Stockton, Bakersfield, and Oakland, California. In the most recent Cohort 4 round in which the City of Hemet received an award, the City competed against other cities that also received CalVIP grant funding, including Fresno, Vallejo, Antioch, and Chula Vista, California (receiving larger grant funding allocations).

DISCUSSION:

The City of Hemet issued a Request for Proposal (Attachment 1) which closed on June 30, 2023. Only one organization, the National Institute for Criminal Justice Reform (NICJR), out of 222 notified vendors, submitted a bid (Attachment 2). The NICJR was recommended by Stewart Wakeling, the contractor who worked with the City to complete the CalVIP grant application. Initially, Mr. Wakeling was going to be the technical assistance contractor for the grant program but backed out due to health issues.

The NICJR works with an array of government agencies, nonprofit organizations, and philanthropic foundations to provide technical assistance, consulting, research, organizational development, and advocacy in the fields of violence reduction, juvenile and criminal justice, and youth development.

The NICJR possesses extensive experience supporting violence reduction initiatives throughout the U.S., including currently providing training and technical assistance (TTA) for the design, implementation, and refinement of gun violence reduction strategies (GVRS) in 14 jurisdictions. The NICJR currently supports the City of Bakersfield in implementing a CalVIP-funded focus deterrence initiative with a cognitive behavioral therapy component. Other cities the NICJR has worked with or is currently working with include Indianapolis, Indiana; Portland, Oregon; Oakland and Bakersfield, California.

Adoption of the proposed Resolution (Attachment 3) is recommended to authorize a contract with the National Institute for Criminal Justice Reform to provide technical assistance on the CalVIP grant project.

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PREVIOUS COUNCIL ACTION:

On July 12, 2022, this item was presented to the Hemet City Council to approve the resolution to accept the CalVIP grant award in the amount of $963,573.

On February 8, 2022, this item was presented to the Hemet City Council to approve the resolution to approve the grant application for the California Violence Intervention and Prevention Funds and authorize the City Manager to execute all documents.

STRATEGIC PLAN INTEGRATION:

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

The proposed action aligns with Council's adopted objective:

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

FISCAL IMPACT:

Additional discretionary funding is not required from the General Fund. Resources required to fund the Technical Assistance contract are provided by the CalVIP grant. The budget for grant expenditures was established in July 2022 in account 232-3121-2710.

ALTERNATIVE(S):

The Council can choose to reject the agreement for CalVIP Technical Assistance Services between the City of Hemet and the National Institute for Criminal Justice Reform. This will result in the CalVIP program being unable to move forward.

ATTACHMENT(S):

Attachment 1: Request for Proposal - CalVIP Grant Consultant Services_revised Attachment 2: NICJR - CalVIP Technical Assistance Services (002) Attachment 3: Resolution for National Institute for Criminal Justice Reform Technical Assistance on CalVIP
Attachment 4: NICJR - CalVIP Grant Consultant Services - 2023

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City ofHemet
PURCHASING DIVISION ∙ 445 EAST FLORIDA AVENUE ∙ HEMET, CALIFORNIA 92543 ∙ (951) 765-2348

REQUEST FOR PROPOSAL FOR

CALVIP GRANT CONSULTANT TECHNICAL

ASSISTANCE SERVICES
PROPOSAL DATE June 8, 2023
Contact: Candace Sunds
Email: [email protected]
Phone Number: 951-765-2348
Fax Number: 951-765-2337
QUESTIONS DUE June 29, 2023 by 3:00PM
Question Submittal to: PlanetBids
PROPOSAL DUE June 22, 2023 by 3:00PM
Electronic Submittal to: PlanetBids
Electronic responses must be received by the City no later than the date, time, and location indicated above as the proposal due date. Late submission of responses shall be not considered. Submittal of response by fax is not acceptable.

Note: This RFP does not constitute an order for the goods or services specified.

CITY OF HEMET 445 EAST FLORIDA AVENUE ∙ HEMET, CALIFORNIA 92543 (951) 765-2348 PROPOSAL ESTIMATE: NOT TO EXCEED $254,800 AS STATED ON CALVIP GRANT to:

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RFP –CalVIP Grant Consultant Services Page 2
CITY OF HEMET 445 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 (951) 765-2348 I. OVERVIEW
The City of Hemet City Manager’s Office request proposals from qualified Crime Intervention and Prevention Companies for Technical Assistance Services on the City’s CalVIP Grant Program.

II. PURPOSE OF REQUEST FOR PROPOSAL AND GENERAL TERMS AND

CONDITIONS

2.0 The City of Hemet is accepting proposals from crime intervention and prevention companies to provide technical assistance services on the City’s CalVIP grant program.

2.1 QUESTIONS REGARDING THE RFP
Any questions, interpretations, or clarifications, either administrative or technical, about this RFP must be requested in writing prior to the date indicated in Section II – Schedule of Events. All pertinent questions will be answered in writing and conveyed to all proposers via PlanetBids. Oral statements concerning the meaning or intent of the contents of this RFP by any person are unauthorized and invalid.

All questions technical, commercial, or contractual in nature shall be directed to the “Q & A Section” of the PlanetBids Advertisement.

2.2 ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP or any of its attachments, he/she shall immediately notify the City of such error in writing and request modification or clarification of the document.

Modifications will be made by addenda. Clarifications will be given by written notice to all parties who have been furnished with or who have requested an RFP, without divulging the source of the request.

If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error in the RFP known to him/her, or an error that reasonably should have been known to him/her, he/she shall bid at his/her own risk, and if he/she is awarded the contract, he/she shall not be entitled to additional compensation or time by reason of the error or its later correction.

2.3 ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the proposal submittal date. Addenda will be numbered consecutively as a suffix to the RFP reference number. It is the proposer’s responsibility to ensure they have incorporated all addenda. Failure to acknowledge and incorporate addenda will not relieve the proposer of the responsibility to meet all terms and conditions of the RFP and any subsequent addenda. All addenda’s will be posted via PlanetBids.

2.4 SUBMISSION OF PROPOSAL
Electronic proposals will be accepted on or before the date and time indicated in Section II – Schedule of Events, and in accordance with Section VI - Proposal

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RFP –CalVIP Grant Consultant Services Page 3
CITY OF HEMET 445 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 (951) 765-2348 Instructions and Format.

2.5 PROPOSER’S COST
Costs for developing proposals are entirely the responsibility of the proposer and shall not bechargeable to the City.

2.6 EXCEPTIONS
If a proposer takes exception to any part of these specifications as written, or as amended by any addenda subsequently issued, or to the Professional Agreement Sample attached as Appendix A (“Agreement”), they must do so in writing. Said exceptions must be submitted with the proposal. Failure to do so will be construed as acceptance of all items of the specification and the Agreement.

2.7 DELIVERY OF PROPOSALS
All proposals shall be submitted sufficiently in advance of the proposal due date, to ensure upload to the City of Hemet Bid Page prior to the specified due date.The City assumes no responsibility for delays in uploading to PlanetBids. LATE PROPOSALS WILL NOT BE ACCEPTED.

2.8 PROPOSALS BECOME THE PROPERTY OF THE CITY
Proposals become the property of City and information contained therein shall become public property subject to disclosure laws. The City reserves the right to make use of any information or ideas contained in the proposal.

2.9 CONFIDENTIAL MATERIAL
Proposer must notify the City in advance of any proprietary or confidential material containedin the proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order which proposer may obtain.

2.10 REJECTION OF PROPOSALS
The City may reject any or all proposals and may waive any immaterial deviation in a proposal. The City's waiver of an immaterial defect shall in no way modify the RFP documents or excuse the proposer from full compliance with the specifications if he/she is awarded the contract. Proposals referring to terms and conditions other than the City’s terms and conditions may be rejected as being non-responsive.

2.11 CANCELLATION
This solicitation does not obligate the City to enter into an agreement with any proposer. The City retains the right to cancel this RFP at any time, at its discretion, for reasons including, but not limited to, the project being canceled, the City loses the required funding,or if it is deemed in the best interest of the City. No obligation, either expressed or implied, exists on the part of the City to make an award or to pay any cost incurred in the preparation or submission of a proposal.

2.12 INSURANCE REQUIREMENTS
The City requires a certificate of insurance prior to commencement of any work.

An underwriter’s endorsement is also required with additional insured verbiage and

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RFP –CalVIP Grant Consultant Services Page 4
CITY OF HEMET 445 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 (951) 765-2348 the surety must be an admitted surety in the State of California. Complete insurance requirements are stated in Exhibit C of the Professional Services Agreement.

2.13 AWARD OF CONTRACT
Award, if any, will be to the proposer whose proposal best complies with all of the requirements of the RFP documents and any addenda. Evaluation methodology and basis for the award are described in Section V – Evaluation and Award Criteria.

2.14 TERMS OF CONTRACT
The period of services shall commence July 1, 2023 (as soon as the contract is executed) and continue through December 30, 2025. The City may extend the term for two (2) one-year additional terms.

2.15 CONTRACT DOCUMENTS
In the event of a conflict between documents, the following order of precedence shall apply:

1. City of Hemet Professional Agreement

2. City of Hemet Request for Proposal

3. Proposer's Response

2.16 EXECUTION OF THE CONTRACT
The Agreement shall be signed by the proposer and returned, along with the required attachments, to the City within ten (10) working days of receipt of the Professional Services Agreement. The period for execution may be changed by mutual agreement of the parties. Agreements are not effective until approved by the appropriate City official(s). Any work performed prior to receipt of a fully executed agreement shall be at proposer's own risk.

III. PROPOSER QUALIFICATIONS
In addition to meeting all other requirements of this RFP, all responding proposers shall furnish to the City verifiable evidence that they, at a minimum, meet the following qualifications:
a) Proposer must obtain a business license from the City prior to execution of the Agreement.

IV. SCOPE OF WORK

4.1 THE COMMUNITY AND BACKGROUND
The City of Hemet is located in the San Jacinto Valley in the County of Riverside.

The City was founded in 1887 and incorporated on January 20, 1910. The City has a population of 81,750 residences residing in a 27.847 square mile area. The City currently employees over 250 full-time employees, providing services in the areas of law enforcement, fire, community development, public works, general administration, economic development, and finance. Various special districts within Hemet provide such services as water, schools, and parks and recreation.

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RFP –CalVIP Grant Consultant Services Page 5
CITY OF HEMET 445 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 (951) 765-2348 The City Council priorities include: improving the infrastructure, with emphasis on neighborhood revitalization; maintain long-term financial stability; improve the city’s technology; enhance public safety; enhance community involvement and engagement.

4.2 PROJECT GOALS/REQUIREMENTS
The Hemet strategy has a two-part goal:

1. Reduce violence citywide (evidence-based violence ‘interruption’)

2. Minimizing the long-term risk of involvement in violence and promoting opportunity for young people at very highest risk of violence (through long-term evidence-based life skills intervention)

4.3 SCOPE OF WORK
Contractor shall provide the following Services in compliance with the State Agreement, attached hereto as Attachment 1 to this Exhibit A.

Technical Assistance consists of five (5) parts for the Community Wide Collaborative:

An Approach to Violence Reduction. The timing, sequence and duration of the training and activities below can be modified with the written agreement of the project management team.
• Technical Assistance (“TA”) – providing 26 days of training and coaching over the course of the 3-year grant.

TA – technical assistance is the process of providing targeted support to an organization with a development need or problem. It is an effective method for building the capacity of an organization.
• Cognitive Behavioral Therapy (“CBT”) Life Skills Workshop – providing training workshops (2-3 days), training materials, and 10-12 days of follow-up coaching, mentoring and related skill development and support.

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RFP –CalVIP Grant Consultant Services Page 6
CITY OF HEMET 445 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 (951) 765-2348 Contractor with the data necessary to complete the Problem Analysis and will conduct “best practice” Shooting Reviews beginning no later than January 1, 2023. • Client Needs Assessment Survey – includes tailoring study design to local context, supervision of data collection, analysis and presentation of data and findings. And any necessary recordkeeping regarding participation incentives.

Contractor will work in close partnership with the Program leads on the full range of program activities. Primarily, it will work in a blended project management/program development role, will work closely with the subject experts on TA design and delivery (CBT, life-coaching, intervention, transformative mentoring, etc.), will guide institutionalizing each component of the project and developing the sustainability of the initiative, and will be the lead in the problem analysis work and the development of the shooting reviews. Finally, Contractor will continue to build out the partnership-based management (including the performance reviews) and oversight of the initiative to ensure it is inclusive and transparent.

Contractor must be very familiar with the Board of State and Community Corrections (BSCC), California Violence Intervention and Prevention grant program requirements.

Contractor should meet the BSCC requirements of a non-governmental organizations to be eligible under BSCC guidelines.

The Contractor may be asked to assist with the City with reporting to BSCC. Mandatory reports to BSCC and directly related data collection and analysis are the responsibility of the City’s and its CalVIP project management team (the project coordinator, data assistant and crime analyst) and not that of the Contractor.

Vendor Responsibilities

1. All employees provided under this contract shall be employees of the Service Provider, and Service Provider shall be responsible for hiring (including back ground investigations), training, providing uniforms, equipping, directing and discharging all employees provided under this contract.

2. The payment of federal, state and local taxes. Worker’s Compensation, Social Security benefits, unemployment compensation taxes and overtime wages shall be the responsibility of the Service Provider.

3. Service Provider’s personnel assigned to the City shall be subject to all rules and regulations governing the conduct of City employees. Service Provider shall replace unsatisfactory personnel within four hours of notification by City staff.

4. Service Provider shall comply with all laws, ordinances, rules, regulations, and codes applicable to these services.

5. Service Provider shall become familiar with the City’s unique requirements.

6. Vendor must comply with all regulations listed in City of Hemet Municipal Code Sec. 18-259 & 18-260.

4.4 DELIVERABLES
Contractor shall be thorough in completing all services within the schedule time

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RFP –CalVIP Grant Consultant Services Page 7
CITY OF HEMET 445 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 (951) 765-2348 agreed, ensuring compliance with all local ordinances, State & Federal Codes.

4.5 PERSONNEL REQUIREMENTS
Consultant will utilize the following personnel to accomplish the requested services:
• Program Coordinator – Office of Violence Intervention • Data Assistant
• Crime Analyst
V. PROPOSAL INSTRUCTIONS AND FORMAT

5.1 INTRODUCTION
To be considered responsive to this RFP, proposer must submit proposal in the format identified in this section. All requirements and questions in the RFP must be addressed and all requested data must be supplied. The City reserves the right to request additional information that, in the City’s opinion, is necessary to assure that the proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to contract.

5.2 DELIVERY OF PROPOSALS
a) Electronic Submittal to: PlanetBids
b) The proposal must be received by the City no later than the date and time specified on the cover page and Schedule of Events. LATE PROPOSALS WILL NOT BE ACCEPTED.
c) Proposals shall be labeled as follows:
“Your Company Name - CalVIP Technical Assistance Services” a. PREPARATION
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the proposer’s demonstrated capability to perform work of this type. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. EMPHASIS SHOULD BE ON COMPLETENESS AND CLARITY OF CONTENT.
b. PROPOSAL FORMAT
Proposals shall adhere to the following format for organization and content.

Proposals must be divided into the individual sections listed below and must be indexed and tabbed.
a) Cover Letter

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RFP –CalVIP Grant Consultant Services Page 8
CITY OF HEMET 445 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 (951) 765-2348 The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter should include a brief summary of proposers’ qualifications and proposers’ willingness to enter into a contract under the terms and conditions prescribed by the City of Hemet Professional Services Agreement.

Please Note: The letter should be signed by an individual who can bind the proposer contractually.
b) Exceptions
Any and all exceptions to the RFP must be listed on an item-by-item basis and cross-referenced with the RFP document. If there are no exceptions, proposer must expressly state that no exceptions are taken.
c. PROPOSAL CONTENT
a) SECTION I – EXPERIENCE
This section shall contain responses to the minimum proposer qualifications included in Section III – Proposer Qualifications of the RFP, a general overview of the proposer’s qualifications, and shall include, but not be limited to, the following information:
1) Proposer name, address, telephone number, email address and authorized representative(s).
2) Proposer shall identify the number of years of experience in providing professional services, similar in size and scope to that requested in this RFP.
3) Proposer References: Provide three (3) client references for which the proposer has provided similar services. References shall include date and description of service, project location, completion dates, organization’s name, contact person, title, address, email address and telephone number.
b) SECTION II – PERSONNEL
Proposer shall identify the number of working employees who will be assigned to the work-site and identify the names of the project manager and key personnel who shall be assigned to this project if a contract is awarded, including resumes and titles.
c) SECTION III – FEE SCHEDULE
Proposer is expected to quote a firm-fixed fee for the services identified in Section IV, Scope of Services. Include a fee schedule for all possible services.

VI. EVALUATION CRITERIA
The proposals will be evaluated by the criteria outlined in Section 2-336 of the Hemet Municipal Code:

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RFP –CalVIP Grant Consultant Services Page 9
CITY OF HEMET 445 EAST FLORIDA AVENUE HEMET, CALIFORNIA 92543 (951) 765-2348

1. The cost of the goods and professional services.

2. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and professional services requested.

3. The ability of the vendor to provide the goods and professional services requested promptly or within the time specified, without delay or interference.

4. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity and experience to satisfactorily perform the contract.

5. The character, integrity, reputation, judgment, experience, and efficiency of the vendor.

6. The quality of vendor’s performance on previous purchases or contracts with the City; and

7. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder.

VII. NOTIFICATIONS

1. All questions technical, commercial, or contractual in nature shall be directed to the Q & A Section of the PlanetBids Advertisement.

2. The City reserves the right to reject any and all proposals, to waive the informality in any proposal, and to select the proposal that best meets its needs.

3. All costs incurred in the preparation of the proposal are the responsibility of the submitting firm. All proposals submitted to the City in response to this request for proposals shall become the property of the City and will not be returned.

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1 City of Hemet Purchasing Division
445 East Florida Avenue
Hemet, CA 92543
June 26, 2023
Dear Candace Sunds,
The National Institute for Criminal Justice Reform (NICJR) is pleased to submit this response to the City of Hemet’s Request for Proposals (RFP) for CalVIP Grant Consultant Technical Assistance Services.

NICJR strives to reduce incarceration and violence, improve the outcomes of system-involved youth and adults, and increase the capacity and expertise of the organizations that serve these individuals. NICJR works with an array of government agencies, nonprofit organizations, and philanthropic foundations to provide technical assistance, consulting, research, organizational development, and advocacy in the fields of violence reduction, juvenile and criminal justice, and youth development. NICJR possesses extensive experience supporting violence reduction initiatives throughout the US that are similar to the City of Hemet’s planned CalVIP activities, including currently providing training and technical assistance for the design, implementation, and refinement of gun violence reduction strategies in 14 jurisdictions and supporting the City of Bakersfield in implementing a CalVIP-funded focus deterrence initiative with a cognitive behavioral therapy component.

NICJR has reviewed and understands all elements of the RFP. We do not take exception to any items in the RFP, and we are willing to enter into a contract under the terms and conditions prescribed by the City of Hemet Professional Services Agreement. Should the City of Hemet select NICJR for this contract, we intend to perform the services described in the RFP under Scope of Work.

We look forward to speaking with you about our services.

Sincerely,
David Muhammad
Executive Director
[email protected]

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2 PROPOSAL CONTENT
SECTION I – EXPERIENCE
Contact Information
Proposer: The National Institute for Criminal Justice Reform Address: 4900 Shattuck Ave, Unit 3817, Oakland, CA 94609-7031 Phone: 510-746-6111
Authorized Representative: David Muhammad ([email protected]) Organizational Qualifications and Experience
The National Institute for Criminal Justice Reform (NICJR) strives to reduce incarceration and violence, improve the outcomes of system-involved youth and adults, and increase the capacity and expertise of the organizations that serve these individuals. NICJR works with an array of government agencies, nonprofit organizations, and philanthropic foundations to provide technical assistance, consulting, research, organizational development, and advocacy in the fields of violence reduction, juvenile and criminal justice, and youth development.

NICJR possesses extensive experience supporting violence reduction initiatives throughout the US, including currently providing training and technical assistance (TTA) for the design, implementation, and refinement of gun violence reduction strategies (GVRS) in 14 jurisdictions. NICJR’s work in several of these jurisdictions is highlighted below, along with our experience supporting a CalVIP-funded initiative in the City of Bakersfield, CA and planning and leading the National Offices of Violence Prevention Network.

Indianapolis, IN: After local faith and community leaders advocated to the Mayor and City/County Council to implement an effective strategy to reduce violence, the City of Indianapolis entered into a partnership with NICJR in 2019 to conduct a series of analyses and implement a GVRS.

NICJR first developed a landscape assessment of local violence prevention programs and initiatives that also offered a series of recommendations to the City. The first recommendation was to conduct a detailed analysis of shootings and homicides in Indianapolis (a Gun Violence Problem Analysis). The City contracted with NICJR to conduct that analysis, which examined every homicide and non-fatal shooting in the city over a two-year period. That analysis was used to determine the focus of the new GVRS.

NICJR currently provides ongoing TTA to the Indianapolis Office of Public Health and Safety, which manages 70 violence intervention workers and supervisors. NICJR has also worked with the Indianapolis Metropolitan Police Department to implement a weekly review of shootings in the city, to identify incidents that are likely to have retaliation and individuals in need of immediate intervention. NICJR has also supported the City in creating a management process for those very-high-risk individuals to be identified, referred to violence intervention services, and intensely engaged.

The work of the City of Indianapolis and NICJR has already shown significant success. A recent press conference with the Mayor and NICJR announced a sustained reduction of homicides and injury shootings in the city of nearly 20%, more than the city has ever experienced.

Portland, Oregon: NICJR has provided comprehensive support to the Portland Office of Violence Prevention (OVP) in developing, implementing, and refining a GVRS since 2019. Our foundational work

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3 with Portland included activities such as developing a Gun Violence Problem Analysis report, assessing the OVP’s processes and tools for risk assessment and coordination with law enforcement and other partners; developing performance indicators, along with the tools and processes to assess progress relative to those indicators; developing and implementing a Life Coaching program policies and procedures manual with position descriptions, forms, and detailed guidance for staff; conducting a Cost of Violence study; and assessing funding needs to provide recommendations for long-term financial sustainability.

After the first few years of technical assistance, the City was not able to fully implement the GVRS as proposed by NICJR due to the COVID-19 pandemic and significant staff turnover. NICJR has recently reengaged with Portland, however, as the City has re-committed to the strategy. Subsequent activities have included developing a comprehensive Community-based Violence Reduction Strategy report; providing Intensive Life Coaching, Street Outreach, and Professional Development trainings; providing a train-the-trainer course with follow-up coaching for NICJR’s cognitive behavioral therapy program, Healthy Wealthy and Wise; and providing ongoing on-site and virtual TA to the OVP Director and other key staff as they implement the City’s GVRS. We have also supported the City in improving its Shooting Reviews and Coordination Meetings, among other activities.

Oakland, CA: NICJR has provided technical assistance to Oakland Ceasefire, the City’s GVRS, since our organization was founded in 2017. Additionally, NICJR Executive Director David Muhammad has played a key role in Oakland Ceasefire since the strategy launched in 2012. This initiative was credited with being the primary cause of a 50% reduction in injury shootings and homicides in Oakland over the course of six years—an outcome that was verified through a rigorous external academic evaluation. In the years since Oakland Ceasefire was founded, our team has played a key role in conducting the initial Problem Analysis that informed Oakland Ceasefire’s design; supporting the establishment and refinement of tools and protocols for weekly shooting reviews, call-ins and individual notifications, and life coaching; and training city staff and community-based organizations. NICJR is also providing subgrants to several local community-based organizations in Oakland to further the City’s GVRS.

Bakersfield CalVIP TTA: NICJR has extensive experience developing, implementing, and providing training in innovative approaches to youth and young adult development. This includes the Positive Youth Development (PYD) framework, a strength-based and youth-involved development process designed to guide young people in reaching their full potential; the NICJR Healthy, Wealthy & Wise program, which features a culturally relevant, trauma-informed cognitive behavioral therapy curriculum developed to reach at-risk and very high-risk youth and young adults and change the mentality that gives rise to destructive behaviors; and the Intensive Life Coaching/Credible Messenger training for community-based organizations and government agencies seeking to provide intensive and effective intervention to at-risk and high-risk youth and young adults. NICJR has provided these trainings, along with follow-up coaching and TA, to government employees and community-based organizations in jurisdictions throughout the US.

For example, as part of its CalVIP-funded focused deterrence initiative, the City of Bakersfield, CA has contracted NICJR to support the development of a client needs assessment; provide TA to communitybased organizations responsible for assessing clients; conduct a Cost of Violence analysis; and support the development, implementation, and refinement of initiative operational components such as analysis, communication, intervention, and procedurally just local evaluation strategies. As a part of this work, NICJR is providing the Healthy, Wealthy & Wise curriculum, along with train-the-trainer training.

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4 National Offices of Violence Prevention Network (NOVPN): Beginning in 2019, NICJR collaborated with the Center for American Progress and a group of OVP directors to organize, plan, and coordinate the creation of the NOVPN, which was launched in 2021 with a membership of 21 established OVPs. With numerous cities and counties currently advancing existing OVPs or creating new OVPs, the NOVPN has expanded to include to more than 37 agencies, with no sign of growth slowing. This first-of-its-kind network serves as a learning community with the goal of significantly increasing the expertise and effectiveness of participating agencies. The NOVPN hosts virtual convenings; provides trainings on effective violence reduction practices; coordinates cross-OVP learning exchanges and site visits; offers leadership and management development; and supports OVPs in growing their capacity for data collection and reporting, fund development, and media relations. The NOVPN also supports the creation of new OVPs in jurisdictions interested in developing such agencies and leads communications efforts to advocate for their creation with city leaders, policymakers, and other stakeholders. NICJR hosted the first annual in-person NOVPN gathering in Washington, DC in November 2022, which was attended by more than 100 staff from OVPs across the nation. Notably, the jurisdictions we directly support in developing and implementing GVRS also benefit from NOVPN membership, as it connects them to a larger community of practitioners and ensures they have continued access to light-touch TA beyond the life of our direct service contract.

References
Indianapolis Office of Public Health and Safety
Project Description: Conduct a series of analyses to inform GVRS planning and implementation; provide T TA throughout GVRS implementation. (See detailed description above) Completion Dates: 2019–Present
Contact Person: Tony Lopez, Deputy Director of Violence Reduction, 463-224-1532, [email protected]
Oakland Ceasefire
Project Description: Conducted the initial Problem Analysis that informed Oakland Ceasefire’s design.

Currently supporting the establishment and refinement of tools and protocols for weekly shooting reviews, call-ins and individual notifications, and life coaching as well as training city staff and community-based organizations. (See detailed description above) Completion Dates: 2013–Present (This includes David Muhammad’s work with Ceasefire prior to NICJR’s founding in 2017)
Contact Person: Reygan Cunningham, Director of California Partnership for Safe Communities and Former Director of Oakland Ceasefire, 510.326.8711, [email protected] Portland Office of Violence Prevention
Project Description: Provide comprehensive support to the Portland Office of Violence Prevention in developing, implementing, and refining a GVRS. (See detailed description above) Completion Dates: 2019–Present
Contact Person: Sierra Ellis, Interim Manager, 971.713.9657, [email protected]

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5 SECTION II – PERSONNEL
NICJR is a 501(c)3 nonprofit organization based in Oakland, CA. Our 22-person staff is led by a fiveperson Board of Directors and a four-person Leadership Team consisting of Executive Director David Muhammad, Director of Development and Operations Diana Dahl, Violence Reduction Program Manager Keiland Henderson, and Director of Research and Data Mikaela Rabinowitz. These leaders oversee the work of several NICJR staff teams, specifically a Violence Reduction team, Research and Data team, Justice Reform team, and Development and Operations team.

Key staff in NICJR’s proposed project team are Executive Director David Muhammad, who will serve as the project lead, providing team oversight and contributing TA and support to the City and key partners; Violence Reduction Program Manager Keiland Henderson, who will serve as the main point of contact and TTA provider; Violence Reduction Program Coordinator Darcell Harrison, who will also serve as a TTA provider and subject matter expert; Director of Research and Data Dr. Mikaela Rabinowitz, who will provide oversight for the problem analysis; and Senior Policy Analyst Trevariana Mason, who will lead the development of the problem analysis. Additional staff supporting the project will include the Administrative Associate Kalina King and an additional Violence Reduction Program Coordinator to be hired in the coming months. Additional NICJR staff may be called upon to support the project as needed.

See attached resumes for key staff at the end of this proposal package.

David Muhammad is the Executive Director of NICJR. Through NICJR, David provides GVRS leadership and technical assistance to multiple cities, including Oakland and Stockton, California; Portland, Oregon; and Indianapolis, Indiana. David was the main author of NICJR’s report on Oakland’s successful GVRS, and prior to founding NICJR, David helped to launch this strategy, leading a partnership of organizations and technical assistance providers that achieved a nearly 50% reduction in shootings and homicides and five consecutive years of decline in gun violence in Oakland. David also helped manage the primary community-based organization providing services to Ceasefire clients, Community & Youth Outreach (CYO). This included creating the Life Coach position at CYO and hiring and training staff for the role.

David also developed the data-driven performance management of CYO, including a data dashboard that captures the work of Life Coaches and their deliverables. While serving as Executive Director of the Mentoring Center in Oakland, California, David was contracted by the City of Richmond to help design its Office of Neighborhood Safety, which has since been credited with bringing significant reductions in violence to the city. David’s wealth of experience prior to founding NICJR also includes serving as Chief Probation Officer of the Alameda County, California Probation Department; Deputy Commissioner of the Department of Probation in New York City; and Chief of Committed Services for the Washington, DC Department of Youth Rehabilitation Services. David also previously served as the first Executive Director of the Anti-Recidivism Coalition in Los Angeles, which has grown to become one of the largest and most prominent service providers and policy advocacy organizations for the formerly incarcerated in California. In addition to holding a Bachelor of Arts degree from the Howard University School of Communications, David has completed a Certificate in Juvenile Justice Multi System Integration from the Georgetown University Public Policy Institute and a Systems Dynamics for Senior Managers Certificate from the MIT Sloan School of Management.

Keiland Henderson is an experienced training and technical assistance provider who serves as the Violence Reduction Program Manager at NICJR. In this role, he coordinates and manages the communication, technical assistance, and training for jurisdictions NICJR is supporting to develop gun violence reduction strategies. This includes supporting the cities that are members of the National Offices of Violence Prevention. He also conducts research and develops reports on gun violence

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6 reduction. Prior to joining NICJR, Keiland worked as the Community Engagement Coordinator for the Stockton Office of Violence Prevention, where he played a crucial role in implementing a city-wide violence reduction strategy. He also served as a Violence Interrupter and Outreach Supervisor, supervising a team of life coaches and case managers. Prior to this, he worked for over ten years in nonprofit management, business development, and community outreach with Faith-Based Solutions and as the Executive Director for the Reno-Tahoe Young Professionals Network. Keiland currently serves on Delta College’s Pathway to Law Advisory Board and San Joaquin County’s Juvenile Justice and Delinquency Prevention Commission. He is also an inaugural graduate of NICJR’s Young Professionals of Color Fellowship. Keiland holds a Bachelor of Arts degree in Philosophy from the University of Nevada, Reno.

Darcell Harrison is the Violence Reduction Program Coordinator for NICJR. For more than 17 years, Darcell has worked on the frontlines of violence reduction, re-entry, and youth development as a mentor, case manager, life coach, violence interrupter, and youth workshop facilitator. At NICJR, Darcell provides leadership, training, and TA for organizations across the country, including leading Life Coaching and Violence Intervention trainings and supervising a team of life coaches. Prior to joining NICJR, he served as Program Supervisor at Community and Youth Outreach in Oakland and as a Life Coach Supervisor in Oakland’s successful GVRS. Darcell has been directly impacted by violence and the criminal justice system, having been seriously injured as a victim of violence and having been formerly incarcerated. He is a source of inspiration for others through his personal transformation and his exceptional work as a mentor, violence intervention specialist, and supervisor.

Dr. Mikaela Rabinowitz is the Director of Research and Data at NICJR. She supervises NICJR’s team of Policy Analysts as they complete research and data analysis in criminal and juvenile justice, youth development, and violence reduction. Mikaela is a long-time social science researcher who believes that rigorous investigation can help drive more just and equitable public policy. Prior to joining NICJR, she held a number of policy, research, and advocacy positions in the public, private, and nonprofit sectors.

Until July 2022, she served as the Director of Data, Research, and Analytics for the San Francisco District Attorney’s Office under DA Chesa Boudin. In this role, she was responsible for establishing a research agenda aligned with the office’s strategic priorities and policy initiatives and overseeing the implementation of this agenda through internal projects and partnerships with academic and nonprofit research organizations. Mikaela is also an advocate for improving the quality, uniformity, and transparency of criminal justice data. To this end, she has been involved in local, state, and national criminal justice data transparency efforts, including the BJA-sponsored Justice Counts initiative and the recently signed Justice Data Accountability and Transparency Act in California. In 2021, Mikaela published her first book, Incarceration without Conviction: Pretrial Detention and the Erosion of Innocence in American Criminal Justice with Routledge Press. Mikaela holds a PhD in Sociology from Northwestern University and a Bachelor of Arts degree with honors in African American Studies from Columbia University.

Trevariana Mason is the Senior Policy Analyst at NICJR. In this role, she supports NICJR’s Gun Violence Reduction Strategy team with data analysis, evaluation, and research. She also prepares policy studies, papers, and other written communications on a variety of topics related to violence reduction and justice reform, and she provides guidance and support to other members of the NICJR policy team.

Trevariana is passionate about providing visibility for disadvantaged populations through research. To this end, her research career has focused on community policing, incarceration and social networks, women in prison, and marginalized groups’ experiences of police encounters and court proceedings.

Prior to NICJR, she served as a Research Associate at the National Black Women’s Justice Institute,

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7 where she oversaw the design and implementation of research projects focused on the wellbeing of system-impacted Black women and girls. Previously, as a Research Associate at Measures for Justice, Trevariana directed the implementation of quantitative research strategies and county-level data coding projects as well as oversaw performance and workload measures, decision point analyses, data publication, and community engagement. Trevariana holds a Master of Science degree in Criminal Justice from Michigan State University and a Bachelor of Science degree in Criminal and Social Justice from Central Michigan University.

SECTION III – FEE SCHEDULE

KEY STAFF RESUMES
Resumes for all proposed key staff follow.

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DAVID MUHAMMAD
H: 510-746-6111 | [email protected]

SUMMARY
Experienced leader and manager in the fields of criminal justice, youth development, and violence prevention. An executive with more than 20 years of experience with community based organizations, government agencies, and philanthropic foundations.

AREAS OF EXPERTISE
Expert knowledge of the juvenile and criminal justice systems Leader in the violence reduction field
Experience in managing multi-million dollar budgets
Experience effectively managing a large and unionized labor force Effective communication skills and oratorical ability
Excellent writing skills
Effective program management and organizational skills
Media and communications savvy

EXPERIENCE
03/2016 to Current Executive Director
National Institute for Criminal Justice Reform, NICJR － Oakland, California Lead and manage NICJR, a non-profit organization that provides technical assistance, consulting, research, monitoring, and organizational development services in the areas of juvenile and criminal justice, youth development, and violence prevention.

NICJR provides consultation, program development, technical assistance, consent decree monitoring, and training to an array of organizations including government agencies, non-profit organizations, and philanthropic foundations.
05/2015 to 03/2016 National Justice Partner
Impact Justice － Oakland , California
Provided leadership and technical assistance to numerous criminal justice reform initiatives including the Sierra Health Foundation's Positive Youth Justice Initiative and Oakland Police Department's Operation Ceasefire.

Served as the federal monitor for the M.H. v Monreal Illinois Department of Juvenile Justice consent decree, overseeing reforms to juvenile parole in the state.

Served as a member of the federal Monitoring Team overseeing the settlement agreement between the Department of Justice and the Los Angeles County Sheriff's Department Antelope Valley patrol division. 01/2014 to 05/2015 National Director of Justice Programs

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08/2012 to 01/2014
02/2011 to 08/2012
08/2010 to 02/2011
07/2006 to 08/2010
03/2004 to 07/2006
09/2001 to 04/2002
05/1997 to 02/2000
National Council on Crime and Delinquency － Oakland, California Managed NCCD's juvenile justice, criminal justice,and violence reduction initiatives and programs across the United States.

Chief Executive Officer
Solutions, Inc. － Oakland, California
Lead a consulting firm that provided technical assistance and consultation to government agencies, foundations, and non-profit organizations in the areas of juvenile and criminal justice and violence reduction.

Chief Probation Officer
Alameda County Probation Department － Oakland, California Served as the Chief Probation Officer for a Probation Department in the 7th largest county in California. Was responsible for a staff of over 600, a $92 million budget, two juvenile facilities, and 17,000 adults and juveniles under supervision.

Implemented innovative initiatives leveraging philanthropic, county social services and health care funding to bring wraparound services to supervised juveniles and adults resulting in significantly reduced recidivism rates.

Deputy Commissioner
New York City Department of Probation － New York, New York Served as Deputy Commissioner of the New York City Probation Department; responsible for management and operations of the adult probation system in the City of New York, including responsibility for 800 staff, 35,000 adult probationers, and a $60 million budget.

Chief of Committed Services
Dept. of Youth Rehabilitation Services － Washington D.C., Washington D.C.

Responsible for management and operations of a DYRS. In this capacity was responsible for a department of 300 staff, a $42 million budget, and a secure juvenile facility.

Executive Director
The Mentoring Center, TMC － Oakland, California
Responsible for operations, management, and fund development for a non-profit agency dedicated to juvenile justice prevention, re-entry, and recidivism reduction services.

In this role doubled the size of the organization's staff and tripled its budget as it became the premier agency serving highly at-risk youth in the Bay Area. While at TMC, contracted by the City of Richmond, CA, to help design the Office of Neighborhood Safety, which has now been credited for bringing significant reductions in violence to the city and is being replicated nationwide.

New California Media － San Francisco, California
Television Show Host
Associate Editor
Pacific News Service － San Francisco, San Francisco
Writer

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2008
2003
1997
Georgetown University Public Policy Institute － Washington D.C.

Certificate in Juvenile Justice Multi System Integration Systems Dynamics for Senior Managers Certificate
MIT Sloan School of Management － Cambridge, Ma
B.A
Howard University － Washington D.C.

School of Communications
Anti-Recidivism Coalition Board of Directors
Reset Foundation Board of Directors
California Alliance for Youth and Community Justice Steering Committee Mental Health Association of Washington Board of Directors Comprehensive Study of the Alameda County Juvenile Justice System Steering Committee
City of Richmond, Economic Development Commission
Richmond Police Department Community Board
California State Advisory Committee on Foster Care
JMK Foundation Innovation Prize Recipient (2017)
City of Oakland Martin Luther King Humanitarian Award (2006) KQED Television (PBS) Local Hero Award (2001)
Rockefeller Foundation Next Generation Leadership Fellow (2000) National Council on Crime and Delinquency Excellence in Journalism Award (1999)
California Wellness Foundation Community Leadership Fellow (1999) Publications and Articles
(partial listing)
Reports:

New and Emerging Strategies of Community Safety and Policing, 2021. http://nicjr.org/articles Effective Community Based Violence Reduction Strategies, 2021. http://nicjr.org/articles Oakland's Neighborhood Opportunity and Accountability Board, 2020. http://nicjr.org/articles Articles
Local Restorative Justice Could Be Best Kind of Diversion for Youth Juvenile Justice Information Exchange
February 14, 2018

EDUCATION AND TRAINING

BOARDS AND COMMISSIONS

ACTIVITIES AND HONORS

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http://jjie.org/2018/02/14/local-restorative-justice-could-be-best-kind-of-diversion-for-youth/ How the U.S. Can and Should Greatly Reduce Mass Probation Juvenile Justice Information Exchange
Jun 7, 2017
http://jjie.org/2017/06/07/how-the-u-s-can-and-should-greatly-reduce-mass-probation/ Let’s Celebrate Our Success and Work Toward Much-Needed Progress Juvenile Justice Information Exchange
March 20, 2017
http://jjie.org/…/lets-celebrate-our-success-and-work-towards-much-needed-progress/ Jurisdictions with Flexible Federal Funds Can Better Invest in Families and Communities The Chronicles of Social Change
May 10, 2016
http://chronicleofsocialchange.org/opinion/jurisdictions-flexable-federal-funds-can-better-investfamilies-communities/17677 Juvenile Justice Solutions Should Always Start with Positive Youth Development The Chronicles of Social Change
May 9, 2015
http://chronicleofsocialchange.org/opinion/juvenile-justice-solutions-should-always-start-withpositive-youth-development/9615 20 Years of Flawed Criminal Justice Policy
National Council on Crime & Delinquency
Nov 3, 2014
http://www.nccdglobal.org/newsroom/nccd-blog/20-years-flawed-criminal-justice-policy Biographical Sketch
David Muhammad is a leader in the fields of criminal justice, violence prevention, and youth development. Mr. Muhammad is the Executive Director of the National Institute for Criminal Justice Reform (NICJR).

Through NICJR, David serves as a lead consultant and technical assistant provider to the Sierra Health Foundation’s Positive Youth Justice Initiative, supporting probation departments throughout the State of California to transform their juvenile justice practice. David also provides leadership and technical assistance to the CeaseFire Violence Reduction Strategy in the cities of Oakland and Stockton, California. Mr. Muhammad is also a consultant and technical assistant provider to Cities United, a national initiative to drastically reduce the Black male homicide rates in American cities.

Since 2015, Mr. Muhammad has been the federal court appointed monitor overseeing reforms in the Illinois juvenile justice system in the MH v. Monreal Consent Decree. Mr. Muhammad was also recently named the federal monitor in the Morales Settlement Agreement, which requires the Illinois Parole Review Board (PRB) and the Department of Corrections (DOC) to reform its parole system.

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David is also a member of the Antelope Valley Monitoring Team which is charged with monitoring the Los Angeles Sherriff’s Department’s implementation of a federal Settlement Agreement. He was recently appointed
The former Chief Probation Officer of the Alameda County (California) Probation Department, David was responsible for overseeing 20,000 people on probation, a staff of 600, and a $90 million budget.

In 2010, David was named the Deputy Commissioner of the Department of Probation in New York City, the second largest Probation Department in the country, where he was responsible for overseeing 35,000 people on probation and a staff of 900.

David served as the Chief of Committed Services for Washington, DC’s, Department of Youth Rehabilitation Services (DYRS). His responsibilities at DYRS included 300 staff, a $42 million annual budget, a juvenile institution, and 900 youth committed to his department’s care.

Mr. Muhammad has consulted with several philanthropic foundations to help develop funding initiatives, contribute to strategic plan or provide technical assistance to grantees. David has consulted with the California Wellness Foundation, the California Endowment, the San Francisco Foundation, the Joyce Foundation in the Great Lakes region, and the Pritzker Foundation in Chicago.

David Muhammad was formally the Executive Director of The Mentoring Center in Oakland, CA.

Under David’s leadership, The Mentoring Center (TMC) doubled in staff size and tripled its budget as it became the premier agency serving highly at-risk youth in the Bay Area.

While at TMC, David was contracted by the City of Richmond, CA to help design the Office of Neighborhood Safety, which has now been credited for bringing significant reductions in violence to the city.

As a graduate of Howard University’s School of Communications, David also has an extensive journalism career. Since 1997, Muhammad was a contributing editor and television show host for Pacific News Service in San Francisco. His columns continue to be published in publications around the country. David was the editor of the “Seeking Solutions to Black on Black Crime” series in the Globe Newspapers from 2007-2009.

In December 2003, David completed a course on “Systems Dynamics for Senior Managers” at the MIT Sloan School of Management in Cambridge, MA. In August of 2008, David completed a certificate program on Juvenile Justice Multi-System Integration at the Georgetown Public Policy Institute.

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KEILAND M. HENDERSON
Email: [email protected] Phone: 916.470.8628

CORE COMPETENCIES
o FACILITATION
o TRAINING & TECHNICAL ASSISTANCE
o PARTNERSHIP DEVELOPMENT
o PROJECT MANAGEMENT

PROFESSIONAL EXPERIENCE

NATIONAL INSTITUTE FOR CRIMINAL JUSTICE REFORM
POSITION: VIOLENCE REDUCTION PROGRAM MANAGER
DUTIES & RESPONSIBILITIES: I currently coordinate and manage the communication, technical assistance, and training for jurisdictions NICJR is supporting to develop Gun Violence Reduction Strategies (GVRS). This includes supporting the cities that are members of the National Offices of Violence Prevention. He also conducts ongoing research and writes reports on gun violence reduction.

CITY OF STOCKTON – OFFICE OF VIOLENCE PREVENTION
POSITION: COMMUNITY ENGAGEMENT COORDINATOR 03/15/2018 – 7/14/21 DUTIES & RESPONSIBILITIES: In this position, my main role was to assist the director with day-to-day internal operations and serve as the “face” of our office. Some of my duties include research, development, planning and coordinating the activities of community engagement and outreach programs, and special projects. I also assisted in the preparation of progress reports related to these programs and activities. Assisting in the development and implementation of communication strategies and industry best practices are also included in my role.

Responsibilities also included coordinating a broad-based stakeholder coalition of governmental agencies, service providers, non-profit organizations, faith-based leaders, educational institutions, diversity and ethnicity-specific organizations; all committed to public health and violence prevention. This includes facilitating small to large group meetings, trainings, and workshops with the goal of fostering stakeholder and community support.

This position required ongoing research and interpretation of federal, state, and local policies related to violence prevention, public health programs, social justice and criminal justice reform. It also requires that I explain and apply complex rules, regulations, laws, and ordinances. Creating and monitoring partnership agreements, MOU’s, budget and expense reports, while providing technical assistance to sub-grantees.

Lastly, I assisted community relations staff in the preparation of public service announcements, press releases, interactions with news and social media, and much more. 1

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POSITION: OUTREACH SUPERVISOR 10/1/16 - 03/15/18
DUTIES & RESPONSIBILITIES: Provided day-to-day supervision, leadership and general guidance to Outreach Workers who work in multiple field settings including neighborhoods, parks, jails, and other public places to reduce gang and gun related violence. Also, conducted employee performance reviews and evaluations for outreach staff and case conferences for case managers. I also collaborated and coordinated activities with a variety of public and private agencies including law enforcement, community-based organizations, service providers, and the faith-based community.

Lastly, I worked closely with the Office of Violence Prevention Director to provide oversight for outreach worker expenditures and program budgets for recreational, cultural, and job development purposes. Lastly, it was also in my role to maintain community relationships with various stakeholders in order to collaboratively promote violence reduction strategies within our city.

RENO-TAHOE YOUNG PROFESSIONAL’S NETWORK 1/2012 - 01/2014 POSITION: INTERIM EXECUTIVE DIRECTOR
DUTIES & RESPONSIBILITIES: This organization is part of the economic development initiative of Reno, NV and serves those between the ages of 18-47 years old within Washoe County. My main responsibility was to retain and attract young professionals, develop new and innovative strategies to support local businesses and thereby; increase the local economy.

Partnerships included; the Nevada Center for Entrepreneurship and Technology, Reno Chamber of Commerce, Economic Development Association of Western Nevada and many elected officials.

Relationship building and membership retention was essential to this role. It required the constant engagement of volunteers and over 350 members. I also led small to mid-sized group meetings, was responsible for maintaining relationships with board members, donors and sponsors. Other executive duties included budget preparation, management and reviews, board and stakeholder meeting preparation, strategic planning, public speaking and database management.

FAITH-BASED SOLUTIONS & CONSULTING 5/2009 - 04/2012
POSITION: BUSINESS DEVELOPMENT ASSOCIATE
DUTIES & RESPONSIBILITIES: It was in my role to meet and exceed all sales goals. This required pipe-line projections for quarterly sales, and contract signing with new and former clients. I helped to secure public and private funding for nonprofit clients by supporting on-going fundraising efforts with faith-based and nonprofit groups, conducted sponsor and donor research, and executed various grant proposals including federal grant opportunities like the Compassion Capital Fund (under the Bush Administration), and assisted regional directors as needed.
2

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LEE ANDREWS (LA) GROUP Inc. 3/2009 - 07/2010

PUBLIC RELATIONS CONSULTING FIRM
POSITION: OUTREACH COORDINATOR
DUTIES & RESPONSIBILITIES: I provided all community outreach needed for several projects including the LA Metro Transit Corridor Project and the LACCD (Community College) LEED project. This required engaging various community stakeholders (local businesses, nonprofits and faith-based groups), conducting research, and preparing and executing proposals for current and potential contractual work (RFPs) were on-going tasks in this internship.

COMPUTER SKILLS
Excellent in Windows and Microsoft Office. Proficient in Salesforce, QuickBooks, Apricot, and ERP.

BOARDS & COMMISSIONS
Pathway-to-Law Advisory Board (San Joaquin Delta College) 12.1.17 – Current Juvenile Justice & Delinquency Prevention Commission 1.1.18 – Current

PROFESSIONAL FELLOWSHIPS & CERTIFICATES
Pepperdine University / Davenport Institute – Public Engagement - 2019’ National Institute for Criminal Justice Reform YPOC – 2019’ Leadership Stockton – 2018’

EDUCATION
Humphreys Drivon School of Law, 2012-2014
University of Nevada Reno, BA/Philosophy - 2008
Truckee Meadows C.C., AA Degree/Certificate - 2011
Procter R. Hug High School, Diploma – 2001

PROFFESSIONAL REFERENCES

LATOSHA WALDEN

FORMER VIOLENCE PREVENTION DIRECTOR

CITY OF STOCKTON
209.969.5873
————

CURTIS SMITH

REGIONAL DIRECTOR

FAITH IN THE VALLEY
209.639.8025
————

CHRISTIAN

CLEGG CITY

MANAGER
3

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CITY OF

BAKERSFIELD
661.699.6307
————
4 4

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DARCELL HARRISON
3744 Chesapeake Ct, Antioch, CA (510) 860-0048, [email protected]

HIGHLIGHTS
● Over 15 years of experience working with high/at-risk and incarcerated youth and adults providing program management, training and intensive case management. ● Excellent knowledge of the criminal justice, juvenile justice, and gun violence reduction ecosystems in Alameda and Contra Costa Counties.

EXPERIENCE
The National Institute of Criminal Justice Reform - Oakland, CA Gun Violence Reduction Coordinator December 2020 to Current ● Facilitate and lead Life Coaching, Violence Intervention, and Positive Youth Development trainings in jurisdictions across the country. ● Support the GVRS work in contracted cities.
● Manage Oakland Project Safe Neighborhood including life coach supervision. ● Write monthly and quarterly performance reports to ensure PSN meets outlined goals and objectives.
● Supervise sub awardees providing direct services to high-risk individuals.

Community and Youth Outreach - Oakland, CA
Program Supervisor September 2020 to December 2020
● Manage City and County contracts including report development. ● Provide reflective employee supervision and client case conferencing. ● Co-facilitate weekly cognitive behavioral groups for high-risk clients.

Lead Facilitator September 2018 to September 2020
● Negotiate and maintain community contracts for program implementation. ● Co-facilitate cognitive behavioral groups with incarcerated high-risk youth and adults. ● Mentor incarcerated youth and adults at Division of Juvenile Justice (DJJ) and connect them to community service providers upon release.

The Mentoring Center - Oakland, CA
Lead Adult Services Specialist July 2015 to June 2018
● Facilitated training for newly hired case managers.
● Developed and implemented client quality assurance protocols. and case plans for adults on probation and parole.
● Led community engagement and client recruitment efforts.

Juvenile Services Specialist July 2010 to June 2015
● Develop and implement reentry case plans for youth on probation. ● Researched, developed, and maintained relationships with community service providers.

Life Skills 4 Peace - Contra Costa County, CA
Co-Founder and Lead Facilitator October 2007 to Sept. 2018

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Mikaela Rabinowitz, PhD
642 54
th St I Oakland, CA 94609 I [email protected] https://www.linkedin.com/in/mikaela-rabinowitz-0028b136/ PROFESSIONAL EXPERIENCE:

NATIONAL INSTITUTE FOR CRIMINAL JUSTICE REFORM, Oakland, CA May 2023 – Present Director of Data and Research
● As a member of Leadership Team, work with Executive Director and other Directors to establish broader organizational strategic priorities, including policy focus areas; public sector, academic, and nonprofit sector partnerships; resourcing and training needs, and more. ● As Principle Investigator, oversee all aspects of research execution, including design, human subjects protection, analytic strategy, data collection, and publication. Mentor and supervise junior researchers. ● Collaborate with NICJR’s Violence Reduction Team to assess needs and resources for jurisdictions working to reduce gun violence. Lead development of gun violence problem analyses and landscape assessments to inform locally-specific gun violence reduction strategies. ● Lead national effort to assess allocation and efficacy of law enforcement and community corrections investments, identify opportunities for community reinvestment. ● Represent NICJR in various meetings and conferences, including presentations of significant findings.

SAN FRANCISCO DISTRICT ATTORNEY’S OFFICE, San Francisco, CA Jan 2021 – July 2022 Director of Data, Research, and Analytics
● Work with Chief of Staff and other senior management to define office policy, research, and communication priorities, oversee design and implementation of key projects and initiatives. ● Develop and oversee portfolio of strategic internal and external research and evaluation projects in consultation with Chief of Programs & Initiatives and Director of Policy. Oversee completion of first ever RCT showing positive effect of restorative justice on youth accused of felony offenses. ● Establish unit, division, and office-level process and outcome metrics to support operational and programmatic decision-making. Develop tracking tools, including data dashboards to provide up-to-date information on key issues such jail population, case processing trends, diversion programs, etc.
● Represent District Attorney in interagency commissions and policy bodies, meetings with state and county legislators, and at community events.
● Manage 6-person data and research team composed of data scientists, researchers, and crime analysts.

MEASURES FOR JUSTICE, Oakland, CA July 2018 – Jan 2021
Director of National Engagement and Field Operations
● As a member of the Executive Team, establish organizational strategic direction and priorities; participate in strategic and tactical fund development; monitor progress of organizational initiatives. ● Oversee criminal justice data acquisition in 20 states, collecting data from courts, departments of corrections, prosecutors, and more as part of national criminal justice performance measurement and transparency effort. (See https://measuresforjustice.org/portal.) ● Work with policymakers, practitioners, and advocates to support use and interpretation of data to inform reform. Prepare reports, fact sheets, presentations for policy, research, and lay audiences regarding criminal justice patterns and performance.
● Support legislative efforts to improve criminal justice data policy, including meeting with policymakers and advocates to discuss state-specific needs; consulting on draft and pending legislation. Specific bills include California Assembly Bill 1331; Arizona Senate Bill 1171; Florida House Bill 7109.

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RESOURCE DEVELOPMENT ASSOCIATES, Oakland CA Sept 2011 – July 2018 Justice Practice Director Aug 2016 –
July 2018
Senior Project Manager Jan 2013 –
July 2016
Senior Associate Sept 2011 – Dec 2012
● Oversee $2.5 million/year portfolio of projects including large and small scale justice system planning, evaluation, and assessments with government and non-profit organizations across California; manage 8-person Justice Practice, providing supervision and mentorship to project managers and research associates.
● As a membership of RDA’s Leadership Team, participate in strategic planning, business development, fiscal oversight, resourcing, and staff training.
● Representative projects included:
o LA Probation Governance Study: 18-month assessment of LA County Probation Department operations, including fiscal functions, governance, client services, and juvenile facilities. o Contra Costa Racial Justice Task Force: data collection and facilitation of multidisciplinary Task Force composed of leaders of county criminal justice, health and human service agencies, and nonprofits and formerly-incarcerated community members.

NATIONAL CENTER FOR YOUTH LAW, Oakland, CA Mar 2010 – Aug 2011 Juvenile Justice Policy Advocate
● Collaborated with state and local policy makers, juvenile judges, educators, probation staff, youth, and advocates to identify local reform needs, provide research and advocacy support.

ARRESTEE DRUG ABUSE MONITORING PROGRAM (ADAM) II, Chicago, IL June 2007 – Dec 2009 Site Research Lead
● Led on-site data collection at the Cook County Jail for Office of National Drug Control Policy funded survey research project.

SAMPLE OF PUBLICATIONS AND REPORTS
Book
● Rabinowitz, M., Incarceration without Conviction: Pretrial Detention and the Erosion of Innocence in American Criminal Justice, Routledge Press, 2021.

Reports:
● Rabinowitz, M., Weisberg, R., Pearce, LM. The California Criminal Justice Data Gap, Stanford Center for Criminal Justice, 2019.
● Rabinowitz, M., et al. Juvenile Justice Crime Prevention Act Gap Analysis Report. 2018.

Journal articles:
● Rabinowitz, M. “’What will become of the innocent?’: Pretrial detention, the presumption of innocence, and punishment before trial” UCLA Criminal Justice Law Review forthcoming Spring 2023. ● Rabinowitz, M., Lurigio, AJ, Lenik, J, “A Century of Losing Battles: The Costly and Ill-Advised War on Drugs in the United States” Justice Policy Journal Fall 2009.

EDUCATION
Northwestern University, 2010 University of Chicago, 2005 Columbia University, 2002 Ph.D., Sociology M.A., Social Sciences Magna Cum Laude
B.A., with honors in African American Studies

PROFESSIONAL SERVICE
Association for Criminal Justice Research of CA
● Board Member, 2012-present; Board President, 2020-2022 Illinois Disproportionate Justice Impact Study, Chicago, IL ● Research Advisory Group, 2009-10.

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Trevariana Mason, MS
(989) 372-5239; [email protected]
___________________________________________________________________________________ EDUCATION:

Michigan State University, East Lansing, MI
Masters of Science: Criminal Justice Spring 2017
Central Michigan University, Mount Pleasant, MI Spring 2015 Bachelor’s of Science:

Criminal & Social Justice
PROFESSIONAL EXPERIENCE:

April 2023-Present: National Institute of Criminal Justice Reform (NICJR) Senior Data & Policy Analyst
As the Senior Data & Policy Analyst I prepare policy studies, papers, and other written communications on a variety of topics of importance in addition to supporting the Neighborhood Opportunity and Accountability Board (NOAB) and Gun Violence Reduction Strategy (GVRS) team with data analysis, evaluation, and research.

Data Collection, Management and Dissemination:
● Extract, collect, and aggregate data across databases, information sources, survey responses, and other data sources; ensure data quality; clean and check existing data for consistency and accuracy.
● Conduct data standardization processes; proactively identify and propose alternatives to improve the stability, performance, and accuracy of data.
● Develop data visualizations for diverse audiences and develop, format, and prepare reports, charts, and/or graphs for varying documents and written and oral presentations for both internal and external audiences; collaborate with teams to design and help integrate data into an NICJR-approved format.
● Supervise a team of Policy Analysts.
● Assist with development of one-pagers and topic briefs to support the team’s work. ● Contribute professional expertise and experience concerning criminal justice and other policy areas most relevant to NICJR’s mission and workplan.
● Conduct background research and provide data support for team initiatives. ● Track project timeline, deliverables, and internal/external partners across multiple projects and teams, proactively communicating progress and potential challenges to supervisors and project teams.
● Support the execution of meetings, conference calls, and webinars by coordinating logistics, developing agenda, developing content, taking notes, and following up on resulting action items.

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June 2021- April 2023: National Black Women’s Justice Institute (NBWJI) Research Associate
As the Research Associate, I manage daily data operations at NBWJI, regularly providing strategic direction to Executive Leadership to drive successful implementation and impact of evaluation efforts focused on the wellbeing of system impacted Black women and girls.

Evidence Based Qualitative and Quantitative Analysis:
● Oversee design and development of research projects, including the research methodology and implementation, audits and controls of criminal legal data directly involving Black women and girls some of which may directly relate to specific grants or evaluation projects. ● Design and conduct data analysis, as pertinent to the creation of reports, fact-sheets & blogs directly focused on rallying for the visibility of disenfranchised people. ● Conduct analyses utilizing tools such as NVivo and Microsoft Excel to assess and evaluate the data that can be derived from surveys,interviews and focus group discussions. ● Facilitate discussions with stakeholders, where necessary, to ensure the understanding of the needs of Black women and girls directly involved with the criminal and juvenile legal system. ● Design plans, writes, and proofreads of survey and interview questions and/or tests to determine the time required for completion.
● Manage the development of focus group interview guides and project related work plans to support the administration of surveys at programmatic sites. ● Manage the development and conversion of survey responses to working digital formats, records reconciliation, and summary analyses of respondent feedback.

Lead Community Engagement and Capacity Building:
● Oversee coordination with system impacted women, girls and gender nonconforming people to provide resources that assist in providing healing resources. ● Design and conduct community focus groups, surveys, interviews with system involved and system impacted populations, in addition to developing culturally responsive and culturally affirming processes to create a safe and well community for Black women and girls. ● Strategize and plan for sustained engagement to strengthen NBWJI’s networks and capacity to advocate.

Manage Reporting and Project Management:
● Oversee the creation, enhancement, and adaptation of evaluation reports and presentations detailing administrative and survey analysis to highlight the experiences of Black women and girls involvement in the criminal legal system.
● Develop and guide project work plans across NBWJI’s research portfolio to ensure deadlines are in compliance with evaluation services under contract with system partners and/or local organizations.
2019- 2021: Measures For Justice (MFJ)

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Research Associate
As a Research Associate, I directed the implementation of quantitative research strategies, county-level data coding projects, oversaw performance and workload measures, decision point analyses, data publication, and community engagement. Below is a summary of my core responsibilities.

Data Tracking and Performance Measurement:
● Collected and managed complex state and local criminal justice datasets, some of which directly related to specific grants or evaluation projects
● Conducted data analysis using SPSS and Microsoft Excel pertinent to the creation of the Measures For Justice system performance measurement
● Developed data management reports and fact sheets to return to the data providers as they relate to the state and local criminal justice datasets that have been completed and included in the online data portal
● Collaborated with Senior Research Management and the Technology team to create approaches that help automate the data cleaning processes.
● Ensure quality of quantitative data, while developing, generating and streamlining regular reports for internal and external use
Community Engagement and Capacity Building:
● Communicated with data sources, where necessary, to ensure Measures For Justice’s understanding of the data files and documentation
● Cultivated relationships within the Rochester community to highlight their experiences with the police department in the city
● Served as 1 of 2 Diversity, Equity and Inclusion facilitators for the organizations work group September 2017-December 2018: Ingham County Circuits Courts Dependency Treatment Coordinator
March 2016-August 2017: Michigan Department of Corrections Research Assistant :Second Chance Grant Program
PROFESSIONAL CERTIFICATIONS:
● Community Engagement Fall 2022 ● Effective Practices in Community Supervision Winter 2018
SAMPLE OF PUBLICATIONS AND TECHNICAL REPORTS:
● 2017. Mason, T., Strategies Used By African Americans During Police Encounters And Their Effect On “The Talk.” Given To Black Children. Michigan State University. ● 2021. Mason, T. The Power and Problem with Criminal Justice Data: A Twenty-State Review.

Measures For Justice.

SKILLS/SOFTWARE: SPSS, NVivo, Qaultrics, Canva, DropBox, Court Case Management Software,Survey Monkey, Microsoft Suite, and Google Suite.

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City of Hemet Resolution No. 2022-xxx
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING THE THREEYEAR AGREEMENT FOR SERVICES BETWEEN THE

CITY OF HEMET AND THE NATIONAL INSTITUTE FOR

CRIMINAL JUSTICE REFORM FOR TECHNICAL

ASSISTANCE ON THE CALIFORNIA VIOLENCE

INTERVENTION AND PREVENTION (CALVIP) GRANT
IN THE AMOUNT OF $254,320.00 AND AUTHORIZING

THE CITY MANAGER TO APPROVE ALL DOCUMENTS

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

WHEREAS, the California Gang Reduction, Intervention and Prevention (CalGRIP) grant program was a state-funded grant designed to reduce gang violence through prevention, intervention and suppression strategies. From 2008 to 2016, the Budget Act annually appropriated $9.215 million from the State Restitution Fund for CalGRIP; and
WHEREAS, the State Legislature established the California Violence Intervention and Prevention (CalVIP) Grant Program in Fiscal Year (FY) 2017-18 to replace the CalGRIP grant program, which began in FY 2007-08. CalVIP provides funding for cities with the goal of reducing violence in the city and adjacent areas. The Budget Act of 2017 appropriated $9,215,000.00 in funding and the Budget Act of 2018 (Senate Bill 840, Chapter 29, Statues of 2018) included an additional $9,000,000.00 in funding for the CalVIP Grant Program; and

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City of Hemet Resolution No. 2022-xxx
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WHEREAS, on October 11, 2019, Governor Newsom signed Assembly Bill 1603 (Chapter 735, Statutes of 2019) – also known as the Break the Cycle of Violence Act – which adds Section 14130 to the California Penal Code, codifying the establishment of the CalVIP Grant and the authority and duties of the Board of State and Community Corrections (BSCC) in administering the program, including selection criteria for grants and reporting requirements to the Legislature; and WHEREAS, the Break the Cycle of Violence Act specifies that the purpose of CalVIP is to “improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults.” CalVIP grants shall be used to support, expand and replicate evidence-based violence reduction initiatives; and
WHEREAS, these initiatives should seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and aggravated assaults. Further, these initiatives shall be primarily focused on providing violence intervention services to the small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence in the near future; and WHEREAS, the City had seen an increase in crime during the COVID-19 pandemic; and
WHEREAS, the CalVIP grant program will benefit disproportionately impacted communities who are at a high risk of violence. The goal is to create a partnership with non-profit agencies who will provide the impacted communities with assistance through evidence-based initiatives to interrupt cycles of violence and crime; and

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City of Hemet Resolution No. 2022-xxx
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WHEREAS, on February 8, 2022, City Council approved the application for the BSCC CalVIP application for submission for a comprehensive, evidence-based, data driven collaborative intervention strategies to reduce violence citywide while minimizing long-term risk of involvement in violence; and
WHEREAS, on July 12, 2022, City Council approved the acceptance of the BSCC CalVIP grant award in the amount of $963,573.00 for the grant period of July 1, 2022 through December 31, 2025; and
WHEREAS, the City did a Request for Proposal which closed on June 30, 2023.

Only one organization, the National Institute for Criminal Justice Reform (NICJR), submitted a bid. NICJR was recommended by Stewart Wakeling, the contractor who worked with the City to complete the CalVIP grant application; and WHEREAS, NICJR works with an array of government agencies, nonprofit organizations, and philanthropic foundations to provide technical assistance, consulting, research, organizational development, and advocacy in the fields of violence reduction, juvenile and criminal justice, and youth development; and WHEREAS, NICJR possesses extensive experience supporting violence reduction initiatives throughout the U.S., including currently providing training and technical assistance (TTA) for the design, implementation, and refinement of gun violence reduction strategies (GVRS) in 14 jurisdictions. NICJR currently supports the City of Bakersfield in implementing a CalVIP-funded focus deterrence initiative with a cognitive behavioral therapy component. Other cities NICJR has worked or currently working with are: Indianapolis, Indiana; Portland, Oregon; Oakland and Bakersfield, California; and

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City of Hemet Resolution No. 2022-xxx
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WHEREAS, the cost for technical assistance services for the CalVIP project for the grant period is $254,320.00.

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. Approves the Agreement for Services between the City of Hemet and the National Institute for Criminal Justice Reform.

SECTION 3. Authorizes the City Manager to execute all documents related to the Agreement.

SECTION 4. This Resolution shall take effect upon its adoption.

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City of Hemet Resolution No. 2022-xxx
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PASSED, APPROVED AND ADOPTED this 8th day of August, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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City of Hemet Resolution No. 2022-xxx
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State of California )
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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 8th day of August, 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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00091740.2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND

NATIONAL INSTITUTE FOR CRIMINAL JUSTICE REFORM

A CALIFORNIA NONPROFIT CORPORATION
Form Approved 2/17/2023

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00091740.2 Page | 1

PROFESSIONAL SERVICES AGREEMENT

FOR CALVIP GRANT CONSULTANT SERVICES

BETWEEN THE CITY OF HEMET AND NATIONAL INSTITUTE FOR CRIMINAL JUSTICE REFORM THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 8th day of August, 2023 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and National Institute for Criminal Justice Reform, a California nonprofit corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by request for proposals the performance of the CalVIP Grant Consultant 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 December 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 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 work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES
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 25 “Administration and Implementation” or Section 27 “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 Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred and Fifty-Four Thousand Three Hundred and Twenty Dollars ($254,320.00) (“Not to Exceed Amount”), One Hundred and Three Thousand Two Hundred and Thirty-Five Dollars ($103,235.00) in year 1, One Hundred and Five Thousand Thirty-Five Dollars ($105,035.00) in year 2, Forty-Six Thousand Fifty Dollars ($46,050.0) in year 3, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.

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(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.” 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 shall 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 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 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 under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent

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(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.

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 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 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, in 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

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intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters 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 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 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

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(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, 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 Consultant 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, competently 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 services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and 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 also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 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

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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.

SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)- (f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal.

Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or sub consultants, 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 Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, 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 Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 17. INDEMNIFICATION

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(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.

Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.

In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 18. INSURANCE
Consultant 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. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement

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or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performedby any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.

SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement.

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(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 22. EXCUSABLE DELAYS
Neither Party shall 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 either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. 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 Ave.

Hemet, CA 92543
To Consultant: National Institute for Criminal Justice Reform Attn: David Muhammad
4900 Shattuck Ave, Unit 3817
Oakland, CA 94609-7031
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 24. AUTHORITY TO EXECUTE.

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

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.

SECTION 26. BINDING EFFECT.

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

SECTION 27. AMENDMENT.

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

SECTION 28. WAIVER.

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

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

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

SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.

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

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant 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 32. SEVERABILITY.

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

SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. All exhibits and addendums

2. All amendments

3. Consultant’s proposal, if any

4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 34. TIME OF THE ESSENCE.

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Time is of the essence for each and every provision of this Agreement.

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00091740.2
Signature Page

PROFESSIONAL SERVICES AGREEMENT

FOR CALVIP GRANT CONSULTANT SERVICES

BETWEEN THE CITY OF HEMET AND NATIONAL INSTITUTE FOR CRIMINAL JUSTICE REFORM 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:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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00091740.2
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES
Contractor shall provide the following Services in compliance with the State Agreement
Technical Assistance consists of five (5) parts for the Community Wide Collaborative: An Approach to Violence Reduction. The timing, sequence and duration of the training and activities below can be modified with the written agreement of the project management team.
• Technical Assistance (“TA”) – providing 26 days of training and coaching over the course of the 3-year grant.

Cognitive behavioral therapy (CBT) is a form of psychological treatment that has been demonstrated to be effective for a range of problems including depression, anxiety disorders, alcohol and drug use problems, marital problems, eating disorders, and severe mental illness. This will help people make well-informed decisions about their safety and life goals.
• Project Management/project support – providing direct support to implementation leads. Provided detailed implementation plan and lead in development of performance reviews.
• Problem Analysis, Shooting Review and related Data Collection and Analysis – providing full year 1 and year 2 data collection and analysis (including shooting incidents, individuals involved in those incidents, networks and relationships, mapping, etc.). This assumes that the Police Department will provide the Contractor with the data necessary to complete the Problem Analysis and will conduct “best practice” Shooting Reviews beginning no later than January 1, 2023.
• Client Needs Assessment Survey – includes tailoring study design to local context, supervision of data collection, analysis and presentation of data and findings. And any necessary recordkeeping regarding participation incentives.

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00091740.2
Exhibit A – Scope of Services
Page | 2
a) Contractor will work in close partnership with the Program leads on the full range of program activities. Primarily, it will work in a blended project management/program development role, will work closely with the subject experts on TA design and delivery (CBT, life-coaching, intervention, transformative mentoring, etc.), will guide institutionalizing each component of the project and developing the sustainability of the initiative, and will be the lead in the problem analysis work and the development of the shooting reviews. Finally, Contractor will continue to build out the partnershipbased management (including the performance reviews) and oversight of the initiative to ensure it is inclusive and transparent.
b) Contractor must be very familiar with the Board of State and Community Corrections (BSCC), California Violence Intervention and Prevention grant program requirements.
c) Contractor should meet the BSCC requirements of a non-governmental organizations to be eligible under BSCC guidelines.
d) The Contractor may be asked to assist with the City with reporting to BSCC.

Mandatory reports to BSCC and directly related data collection and analysis are the responsibility of the City’s and its CalVIP project management team (the project coordinator, data assistant and crime analyst) and not that of the Contractor.

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed Two Hundred and Fifty-Four Thousand Three Hundred and Twenty Dollars ($254,320.00) (“Not to Exceed Amount”). One Hundred and Three Thousand Two Hundred and Thirty-Five Dollars ($103,235.00) in year 1, One Hundred and Five Thousand Thirty-Five Dollars ($105,035.00) in year 2, Forty-Six Thousand Fifty Dollars ($46,050.00) in year 3.

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EXHIBIT “C”

INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

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

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

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

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

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages

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set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

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

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

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to

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contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 08 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:

Discussion and Consideration of Options to Enhance Security at the City of Hemet Skate Plaza in Gibbel Park
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Review and Discuss City of Hemet Skate Plaza Security Enhancement Options and Provide Direction to the City Manager.

BACKGROUND:

At the City Council's June 27, 2023, Regular Council meeting, the City Council approved a three-year agreement with 9th Shield in the amount of $267,960 to provide security and inspection services for the City of Hemet's parks, Corporation Yard, and Library. During the discussion on the 9th Shield agreement, the City Council expressed interest in enhancing security measures for the Hemet Skate Plaza at Gibbel Park when it opens later this year. Direction was provided to the City Manager to research and present potential enhanced security options at the City Council meeting on August 8, 2023.

ANALYSIS:

City staff has identified several options to enhance security at the future Hemet Skate Plaza. The Council may desire to utilize multiple strategies among the alternatives and their costs presented below, which include lighting, fencing, security services, and webcam/streaming options.

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DISCUSSION:

Lighting
In August 2019, the City received the attached Skate Park Feasibility Study from Stantec and Newline Skateparks which included recommendation for lighting (see page 44 of the Study). The estimated cost to install the recommended lighting (adjusted for inflation) is estimated at $115,000. A revised lighting design was done to match the final project design in October 2022 and is attached for reference. The updated plan increased the number of fixtures from nine to twelve to match the final facility design.

While updated pricing was not included, it is expected to increase costs by approximately 25 percent.

To ensure maximum community access to the City's new amenity, it is recommended the City invest in lighting to augment the available useful hours of the facility which also enhances security. Controls can be incorporated into the design to allow lights to turn off at a prescribed operating hour. The City has pursued a grant from the California Department of Parks and Recreation to fund 50 percent of the lighting installation. Additional funding is available via American Rescue Plan Act (ARPA) funds or General Fund surplus to support the lighting investment.

It is possible that the sports lighting could be programmed for use as security lighting after facility operating hours.

Fencing
Should the Council desire construction of a fence, it is recommended that the material consist of highquality wrought iron to ensure longevity and security. Visibility of the Skate Plaza through the fence is critical to ensure ease of monitoring the area.

Staff received a quote of approximately $50,000 (attached for reference) for a curved-top, 7 feet tall, wrought iron fence for the skate plaza.

Security Services
The City has the ability to amend its contract with 9th Shield to provide armed, uniformed security patrols to enhance the protection of the Skate Plaza. Three-month and one-year cost options are presented and attached to this report. The three-month options range from $30,240 to $104,640, and the one-year options range from $118,400 to $412,000.

Webcam/Streaming Camera
City staff is recommending the installation of a 24/7 webcam for the community to view, along with signs posted at the Skate Plaza informing users of the live feed. The proposed webcam would include a high-quality HD camera (1080p at 30 frames per second) and video recording in case video history was needed. The estimated cost of purchase and installation is $10,000, with estimated annual recurring costs of approximately $5,000 to operate, including monthly internet connectivity and streaming services. The recommended camera solution is identical to the solution used at the City of Lake Forest's Etnies Skatepark.

Lake Forest Webcam Link:
https://hdontap.com/index.php/video/stream/etnies-skate-park

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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.

FISCAL IMPACT:

The fiscal impacts of various options are described throughout the report. Funding is available through ARPA resources and/or General Fund Reserves to support implementation of options.

ATTACHMENT(S):

Attachment A - Hemet Skate Plaza Lighting
Attachment B - Skate Park Lighting Plan October 2022
Attachment C- Hemet Fence Corp
Attachment D - 9th Shield Skate Park Quote

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Skate Park Feasibility Study 1

CITY OF HEMET

SKATE PARK FEASIBILITY STUDY
AUGUST 2019
Prepared for:

City of Hemet
Prepared by:

Stantec Consulting Services Inc. and Newline Skateparks

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1.0 Background ................................................................ 6

2.0 Introduction ................................................................ 10

3.0 Site Selection Criteria Overview ................................. 14

3.1 Gibbel Park

3.2 Weston Park

3.3 Mary Henley Park

4.0 Final Site Selection..................................................... 24

5.0 Skate Park Design ...................................................... 28

5.1 Size and Style

5.2 Design Summary

5.3 Costing

5.4 Lighting

6.0 Supplemental Information.......................................... 48

6.1 Funding Opportunities

6.2 Sample Operations and Maintenance Manual

7.0 Next Steps – Proposed Schedule............................... 64 Table of
Contents

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Background

1.0

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6 City of Hemet

1.0 Background
Over the last decade a number of requests have been made to the City of Hemet City Council and executive staff to consider bringing a skate boarding facility to the City to provide youth in the valley with additional recreation opportunities. As the median age of the population of the City has decreased to under 40, the need for recreation facilities to support all types of activities, for all ages and capabilities, has increased. Recognizing the positive benefits of a skate park to provide an area for safe recreation and to promote both physical and mental health, the City Council gave direction to staff to begin discussions about what an outdoor skate facility would look like and how it would best serve the community.

On June 9, 2016, we met with Mayor Bonnie Wright and key City staff to discuss the potential for future City projects. In May 2018, Stantec was hired by the City of Hemet to study the feasibility of installing a skate park. The purpose of this study is to look at the pros and cons of having a skate park at different locations to see if it is feasible to have a skate park within the City of Hemet.

There are currently no skate parks within the City of Hemet. There are some residents advocating for a skate park to provide a place for their kids to recreate safely with their skateboards. There is also a concern about finding a location that has minimal impact to an existing site and to nearby residents to minimize conflicts.

In this study we were tasked to identifying the most appropriate location for the proposed facility, and we completed in-depth site selection process that included two community input meetings on the preferred locations.

This study highlights the process followed to determine the pros and cons of having a skate park at each site, gives an overview of the public consultation that took place, examines the top three potential sites, and outlines the rationale for the ultimate conclusion and subsequent recommendation for the final skate park location. The exact location, size and shape of the skate park on the recommended site will be determined from the design phase of the process.

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Skate Park Feasibility Study 7

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Introduction

2.0

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Hemet City CouncilAugust 8, 2023

Hemet City Council
August 8, 2023