Hemet City Council
October 24, 2023

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Figure 4.5 Bicycle Circulation Plan

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Back side of Figure 4.5

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Figure 4.6 Bikeway Cross-Section

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Backside of Figure 4.6

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Table 4.4
Descriptions of Bikeway Classifications
Class 1 bikeway (bike path) Provides a completely separated right-of-way for the exclusive use of bicycles and pedestrians with
minimized cross-flow by motorists
Class 2 bikeway (bike lane) Provides a striped lane for one-way bike travel on a street
Class 3 bikeway (bike route) Provides for shared use with pedestrian or motor-vehicle traffic
Although not recognized as formal bikeways, ordinary side streets also serve to feed bicycle traffic to formal bikeways and to provide bicyclists with routes for short convenience trips. This is particularly true in the central portion of the City, with its closely spaced grid of streets.

Additionally, residential neighborhood sidewalks provide places for children to ride bicycles. Finally, paseos along Scenic Highways provide similar opportunities.

Bicyclists vary significantly in their skill level, reasons for bicycling, and common destinations. All of these factors can affect what facilities a cyclist will use and value, and how a cyclist will use those facilities. The following definitions (Urban Crossroads, 2011) help to describe and assess the different needs of the City of Hemet’s cycling public:

Casual Bicyclist Includes those who feel less comfortable negotiating traffic, often bicycle shorter distances than experiences riders, and may be unfamiliar with many of the rules of the road. Casual bicyclists benefit from route markers and wayfinding signage, bicycle lanes, wider curbs, and educational programs.

Commuter Bicyclist-Employee Bicycle commuters who ride to work, marking their entire commute by bicycle or by using their bicycle to link with other modes of transportation including buses, trains, or carpools and rideshares. Commuter bicyclists value direct routes between residential and employment areas, safe and secure bicycle parking facilities, and locer and shower facilities at their place of employment.

Commuter Bicyclist-Student Bicyclists who travel between their home and their school. Grade school bicycle commuters typically commute less than five miles to school, cross few arterials, and often use the sidewalk.

College and university students are likely to bicycle less than five miles as well, but may travel as long as ten to fifteen miles. Like employee commuters, student commuters are likely to value direct routes, and may be more likely than employee commuters to prefer routes with less traffic and arterial crossings.

Experienced Bicyclist Includes those who prefer the most direct route between origin and destination and prefer riding within or near the vehicle

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travel lanes. Experienced bicyclists negotiate streets in much the same manner as motor vehicles, merging across traffic to make left turns, and avoiding bicycle lanes and shoulders that contain gravel and glass.

Experienced bicyclists benefit from wider curb lanes and bicycle-actuated loop detectors at signals.

Recreational Bicyclists-Casual Bicyclist Casual recreational cyclists are those who generally want to ride on off-street bikeways and cover shorter trip distances at slower speeds. Casual cyclists will tend to take trips of less than 10 miles in length, and may ride as a family group with children.

Recreational destinations are also important for casual cyclists, as they provide a place to stop and get off the bike. To this end, having secure bicycle parking at destinations is important.

Recreational Bicyclists-Road Bicyclist Road cyclists bicycle almost exclusively on roadways, which accommodate higher speeds, longer distances, and few conflicts with other recreational users. Typical trip distances for the road cyclist can range from 10 miles to over 50 miles.

While the average road cyclist would likely prefer to ride on roads with little or no traffic, they are generally comfortable riding in traffic if necessary. To this end, a road cyclist will tend to ride in a manner similar to a motor vehicle (e.g., when approaching traffic signals or making left turns). Road cyclists are typically not seeking a recreational destination along the route, as a ride itself is the recreation.

The use of bicycles for travel and recreation should be encouraged through the provision of bicycle facilities, including travel routes, lighting, rest amenities, and storage facilities. Additionally, bicycle safety programs can increase the tendency to choose the bicycle travel mode. The proposed bikeway system includes more connectivity than in previous plans, allowing bicycle users better access throughout the City and planning area.

Pedestrian Network
The City’s existing pedestrian network consists of ordinary street sidewalks, of paseos in larger scale developments or along portions of Florida and Sanderson Avenues, or of regional trails that may be shared with bicyclists or equestrians. Sidewalks are required in new developments except where rural street standards can be applied because the lot sizes along side streets are large. Some existing areas of the City that are outside the core central area were developed either as rural areas or as large lot subdivisions and do not have sidewalks. As future improvements are made to major streets, or as new development occurs, these areas will gradually include more sidewalks. All new commercial and industrial development must include sidewalks. Additionally, the Community Design Element includes multi-use paths along Scenic Highways. The Land Use Element also envisions pedestrian-friendly design for new development.

4.7.1 RIVERSIDE COUNTY NON-MOTORIZED

TRANSPORTATION PLAN
The Western Riverside Council of Governments (WRCOG) Non- Motorized Transportation Plan (NMTP) provides a regional backbone

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network of bicyle and pedestrian facilities to provide enhanced transportation mobility.

The NMTP identifies 28 distinct regional bicycle and pedestrian-friendly routes spanning 440 miles throughout Western Riverside County. The proposed system provides multi-jurisdiction connections between WRCOG’s member agencies. The resulting network includes existing and potential on-street (Class II and Class III) and off-road (Class I) routes intended for near-term through long-range implementation. The routes provide access to Metrolink stations, transit centers, and key activity areas throughout the region. The backbone network provides connectivity between cities, the unincorporated Riverside County area, and adjacent counties.

The NMTP will be incorporated into Southern California Association of Governments’ (SCAG) Regional Transportation Plan (RTP). The proposed regional routes may be implemented in segments over time and should be considered in any regional planning effort.

Table 4.5
WRCOG Non-Motorized Transportation Corridors
in the Hemet Planning Area
Route Name Classification Length
(Miles)
10 San Jacinto River –
Bautista Creek Class 11 28.5
14 San Jacinto – Diamond
Valley Class 1/11 11.5
15 Salt Creek – Domenigoni Class 1/11 23.7
22 Gibbel - Fairview Class 1/11 7.8
There are four corridors that are planned within the City of Hemet or the Planning Area, as outlined in Table 4.5 and illustrated in the NMTP corridor maps (Appendix D). All of the proposed corridors have been incorporated into the City of Hemet’s bikeway network (Figure 4.5) and off-street trails network (Figure 8.3).

4.8 FREIGHT AND GOODS MOVEMENT
An efficient and effective goods movement system is essential to Hemet’s economic livelihood. Although Riverside County generates a significant amount of truck traffic from agricultural and industrial uses, it also serves as a pass-through for truck traffic that ultimately serves other areas inside and outside of California. Trucks comprise at least 15 percent of the daily traffic volume on some of the primary goods movement corridors in Riverside County, such as I-15 from Temecula to Ontario, SR 60 west from I-215, and I-10 in the Coachella Valley and San Gorgonio Pass areas. Healthy industrial growth is expected within the City of Hemet and Riverside County; therefore, the scale of industrial-related truck traffic will continue to increase. It is anticipated that the region's truck volumes will increase by 40 percent through 2020.

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The movement of freight and goods to, from, and inside Hemet is typically by truck, but can also be by rail and air. Regional truck routes follow SR 74, SR 79, and Domenigoni Parkway. The designation of Truck Routes is intended to route truck traffic on City arterials so that trucks cause the least amount of neighborhood disruption. Pursuant to Hemet Municipal Code Section 78-61, the City of Hemet designated truck routes on:
❖Florida Avenue,
❖Warren Road,
❖Sanderson Avenue,
❖State Street and San Jacinto Street north of Florida Avenue, ❖Menlo Avenue between Sanderson Avenue and San Jacinto Street, ❖Stetson Avenue between Sanderson Avenue and State Street, and ❖Domenigoni Parkway.

Smaller delivery trucks serve the commercial and industrial areas, but are also dispersed throughout the City. Several issues have arisen from larger truck traffic. Truck traffic using smaller residential streets as bypasses are harmful to the character of residential areas. Secondly, overnight parking for semitrailer trucks has been problematic both from a community character perspective and because of the potential for unintended activities and criminal behavior. Wentworth Avenue, Tanya Avenue, and Elk Street have been used as truck parking areas. However, Elk Street is planned for future residential development and will need to restrict truck parking once new development occurs.

The truck network on California State Highways was instituted by AB 866 to implement the federal Surface Transportation Assistance Act (STAA).

The STAA required states to allow larger single- and double-trailer trucks on a national network of interstate highways and on the federal-aid primary system for roads other than interstate highways. State highways with geometric standards that could accommodate STAA trucks were classified as Terminal Access highways. State highways that were determined to have insufficient geometric designs and were not safe for trucks of specific lengths to travel were classified as Advisory highways.

SR 79 is designated as part of the STAA truck network; however, the geometrics of SR 79 do not support truck traffic for oversize trucks. The segment of SR 79 between SR 74 and Gilman Springs Road is classified as an Advisory highway. Consequently, STAA trucks are advised to use Sanderson Avenue in this area, which has resulted in adding regional truck traffic to the local road network. Large trucks traveling on local roads are exacerbating traffic congestion and degrading the safety and pavement structure of Sanderson Avenue and other local roads. Existing circulation conditions in Hemet are not sufficient to accommodate the current and anticipated goods movement needs through Hemet. The City has approved truck routes on Sanderson Avenue, State Street, San Jacinto Street, Florida Avenue, and portions of Stetson Avenue. Portions of Warren Road and

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Domenigoni Parkway are currently proposed as additional STAA truck routes.

In addition to trucking opportunities through the City, BNSF Railway also provides on-demand freight service along the railroad corridor from Riverside, although demand has not been high. Industrial areas in the southwestern portion of the City and along the North State Street are close to the railroad tracks, as is the Hemet-Ryan Airport. Opportunities may exist for connecting future industrial areas in the southwestern portion of the planning area to be served by the railroad tracks.

4.9 AIR TRANSPORTATION
The Hemet-Ryan Airport is located in the southwest portion of the city and operates as a general aviation airport serving Hemet and the surrounding area. It consists of one main runway that is currently designated as 5-23, running approximately west-southwest to east-northeast. This runway is 100 feet wide and 4,315 feet in useable length (4,815 feet in total length) and has non-instrument approaches. A second, parallel runway has served as a sail plane runway, but is no longer in use for this purpose. No control tower is on-site. The existing 2004 master plan for the airport concluded that an ultimate runway length of 5,300 feet would satisfy needs, although the opportunities for lengthening the runway configuration are constrained by the current limits of the airport and development on the north, east, and south. Opportunities for expansion to the west exist, but are also constrained because of biological habitat and endangered fauna. Currently, all runway protection zones are contained within the airport. Airport features are shown on Figure 4.7. The County of Riverside is currently in the process of updating the Airport Master Plan and anticipates adoption in the future The 2017 Hemet Ryan ALUCP assumes a 500 foot easterly expansion of Runway 5-23 which will facilitate take-offs in the westerly direction. The updated Draft Master Plan projects a modest increase in airport operations to 87,000 over the next 20-year period (2011-2031) and the continuation of the airport as a general aviation facility.

The Hemet-Ryan Airport serves users of smaller general aviation aircraft and the California Department of Forestry and Fire Protection’s fire fighting aircraft. The airport can also provide air freight service, although that service is limited to smaller aircraft because of the airport’s shorter runway length and non-instrument approaches. Air freight can be expected to be limited to smaller, high value or time-critical goods and will play a relatively small role in the movement of freight and goods. The airport is owned and operated by Riverside County.

The airport’s primary development area, or the area not devoted to runways, taxiways, and hangar areas, is in the southern portion of the airport, adjacent to industrial land uses. This area is used by persons or companies providing services and support to aviation, such as fuel suppliers, mechanics, and air freight shippers, and is connected to the City and regional road network by local streets north of the intersection of Stetson and Cawston Avenues. This Circulation Element assumes that Stetson Avenue will be widened and relocated to provide a major road entry

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into the City. This would serve to improve road access to the airport. Other general aviation airports nearby include airports in the French Valley area near Temecula, Perris, Riverside, and San Bernardino. Scheduled passenger service is provided regionally by airports including those in Palm Springs, San Diego, Ontario, Orange County, and Los Angeles County.

Additional discussion, goals and policies regarding the airport and the surrounding area is discussed in the Land Use Element (Chapter 2) and the Public Safety Element (Chapter 6). The Land Use Element discusses issues and opportunities relating to the airport and the compatibility of the likely flight paths with existing and potential land usage around the airport. The Public Safety Element addresses the noise and potential safety hazards associated with flight operations at the airport. Both Elements include Goals and Polices related to the Airport, and Chapter 12 includes Implementation Programs concerning the airport and environs.

4.10 IMPLEMENTATION STRATEGIES
Implementation of the Circulation Element and its programs involves several city departments including Engineering, Public Works and Planning.

Specific implementation programs are provided in Chapter 12. To ensure that the concepts and technical information provided in the Circulation Element is adhered to over the buildout period, the following strategies are recommended:
❖Evaluate Interim Circulation Conditions While new development typically pays for circulation improvements, a lag time frequently exists between development activity and construction of supporting roads.

This is especially true for off-site circulation improvements in the City of Hemet where a landowner or developer does not control the right- of-way necessary for improvements. This issue is compounded by the circulation network’s reliance, to a large degree, on several large projects such as the SR 79 realignment project and Metrolink to provide regional capacity. The City of Hemet will need to continually monitor ongoing transportation activities and minimize potential impacts associated with interim development conditions. ❖Prioritize Ongoing Coordination with Transportation Agencies Hemet will need to continue an active presence on regional agency boards such as RCTC, WRCOG, and the Riverside Transit Agency (RTA) to ensure that the City’s needs and transportation priorities are addressed, particularly in regard to the construction of Hwy 79, the extension of the Metrolink line, and the establishment of a regional transit center.
❖Require Studies that Address Project Level Conditions Many traffic studies look at the future when the entire circulation system is developed. Hemet will also need to assess traffic impacts based on existing and opening-day conditions of individual projects to ensure that adequate capacity exists to serve any new development project. ❖Capture the Synergy of Regional Transportation Facilities Capitalize upon the provision of a future regional highways (SR-79 and

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Figure 4.7 Hemet-Ryan Airport

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Back of Figure 4.12

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MCP), a commuter rail line, and airport to attract regional serving commercial, office, and industrial uses
❖Periodically Update the Circulation System and Capital Improvement Program s part of an ongoing monitoring program, Hemet will need to periodically assess the circulation plan presented in this element and the CIP to determine whether changes are needed during the planning period of 2010–2030. In this manner, the City can take a proactive approach to regional circulation needs and changes and take appropriate steps before any system constraints develop. ❖Continue to Expand Multi-Modal Transportation Opportunities Provide safe and convenient alternative transportation options including bikeways, pedestrian corridors, NEV compatible streets, and transit to enhance complete streets and the quality of life within the community.
❖Actively Pursue Available Funding Sources A variety of Federal, State and Local funding sources and grants are available for transportation, bikeway and pedestrian improvements. A matrix of currently available funding sources is provided in Appendix D.

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GOALS AND POLICIES
GOAL
C-1
Build and maintain a transportation system that is
designed to meet the current and future needs of
Hemet’s residents and businesses while providing a
balance between mobility, cost, and the quality of
the City’s living environment.

POLICIES
C-1.1 Complete Streets Support the implementation of
complete streets through a multi-modal transportation
network that balances the needs of pedestrians, bicyclists, transit riders, mobility-challenged persons, older people, children, and vehicles while providing sufficient mobility and abundant access options for existing and future users of the street system.

C-1.2 Comprehensive Design Street improvement projects
shall be designed in a comprehensive fashion to include consideration of street trees, pedestrian walkways, bicycle lanes, equestrian pathways, signing, lighting, noise, and air quality wherever any of these factors are applicable.

C-1.3 Traffic Flow Maintain Level of Service (LOS) C or better for roadway segment operations, and LOS D or better for peak-hour intersection movements. Portions of Florida
Avenue and Sanderson Avenue may operate at or below
LOS D on a case-by-case basis.

C-1.4 Traffic Management Continue to improve signal
coordination and advanced traffic management systems at major intersections and along roadway corridors in order to optimize traffic flow through the City and reduce traffic queuing. Mechanisms include adding turn-out lanes at key intersections with transition back to the original number of lanes at mid-block as feasible to reduce bottlenecks.

C-1.5 Traffic Control System Provide a coordinated traffic control system that moves traffic within and through the City in an efficient and orderly manner. Upgrade systems as technology evolves.

C-1.6 Roadway Capacity Identify roadways that cannot be widened to their full master-planned width because
existing development or other physical constraints prohibit acquisition of full right-of-way and consider parking
restrictions, access management, roadway restriping, and intersection improvements as potential methods of
increasing roadway capacity, or incorporating acceptable TDM measures.

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C-1.7 Connectivity Promote the efficient use of the street system by providing convenient connections between and
within neighborhoods and adjacent land uses.

C-1.8 Reciprocal Access Require reciprocal accessways and consolidate commercial driveway entries along Florida
Avenue, Sanderson Avenue, State Street, San Jacinto
Street, and other commercial streets as practical.

C-1.9 Driveway Standards As part of City roadway standards, maintain and enforce minimum driveway separation
standards for the various types of roadways included in the City of Hemet General Plan Roadway Circulation Master
Plan. Wherever possible, consolidate driveways on arterial streets and implement access controls during
redevelopment of adjacent parcels.

C-1.10 Center Median Design Implement the design and
construction of center landscaped medians with
appropriate breaks for full turning movements along
Florida Avenue, Stetson Avenue, Sanderson Avenue,
Domenigoni Parkway, Warren Road, and other arterial
corridors consistent with the General Plan’s Circulation Map.

C-1.11 Parkway Design Emphasize the landscaping of parkways, roadways, entries, and gateways consistent with the
Community Design Element including replacing any tree
removed from the public right-of-way with a California- friendly or shade tree of similar size and shape to a suitable location.

C-1.12 Maintain Grid System Maintain and encourage the
existing grid system of streets to facilitate neighborhood accessibility, emergency response, and transportation
capacity.

C-1.13 Residential Subdivision Street Design Design streets inside residential subdivisions for lower speeds by:
a. promoting the use of short curvilinear street
segments while maintaining the overall grid
pattern;
b. using visually shorter streets;
c. limiting collector streets to streets that have
driveways on rear alleys with enhanced front
parkway landscaping, and traffic-slowing designs;
d. promoting unloaded collectors with no residential
driveway access; and

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e. ensuring a minimum of two points of access to all
subdivisions.

C-1.14 Rural Street Character Avoid changing the visual character of existing rural residential neighborhood streets by constructing the minimum level of street improvements needed for public safety. Consider using drainage swales instead of curbs and gutters and prohibiting on-street
parking.

C-1.15 New Development Approval of new development
projects shall:
a. require that all roadways within a new
development be constructed to the ultimate right-
of-way and that master-planned roadways next to
the project site be, at a minimum, constructed to
their master planned half-width plus 10 feet, or
greater if necessary to maintain adequate traffic
flow;
b. require new developments to meet roadway and
intersection performance standards and/or
contribute their fair share toward improvements
pursuant to a traffic impact analysis;
c. require new developments within designated
commercial corridors to acquire or grant
reciprocal access and parking agreements to
facilitate movement with adjacent commercial
uses without affecting the adjacent roadway;
d. require dedication and improvement of adequate
right-of-way along new roadways to minimize
impacts of proposed development projects on the
City’s circulation system;.
e. limit lot development to reverse frontage and/or
side-one lots on all arterials.

C-1.16 Mixed Use District Street Design To facilitate transit- and–pedestrian-oriented street design in the Mixed Use
District, consider the implementation of off-street shared parking with parking signage improvements, consolidation of driveways, installation of raised landscaped medians, bus turnouts, traffic signal enhancements, special pavement treatments at pedestrian crossings and intersections, curb extensions, enhanced crosswalks, wider sidewalks, and
other appropriate measures which enhance traffic flow,
transit efficiency, and pedestrian movements.

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C-1.17 Traffic Analyses Evaluate development proposals for potential impacts on the transportation and infrastructure system based on traffic analyses that follow the protocols established by the City. The traffic analysis should evaluate the need for both ultimate and interim improvements, and the need for TDM or multi-modal improvements resulting
from the development proposal.

C-1.18 Future Roadways Future roadways and intersections must meet roadway classification design specifications and performance criteria.

C-1.19 Street Standard Compliance Require compliance with established street standards for public, private, and rural streets, including traffic calming facilities, where
appropriate.

GOAL
C-2
Coordinate and cooperate in the implementation of
regional and inter-jurisdictional transportation plans
and regional transportation systems.

POLICIES
C-2.1 State Route 79 Advocate efforts by the Riverside County Transportation Commission and California Department of
Transportation to plan and build the realignment of State Route (SR) 79, as shown on the Circulation Map.

C-2.2 Regional Coordination Coordinate with appropriate jurisdictions and agencies to encourage the timely
improvement of roadway and transit facilities that address area-wide and regional travel needs including the State Transportation Improvement Program (STIP), the
Riverside County Integrated Project (RCIP), and the
Community and Environmental Transportation
Acceptability Process (CETAP).

C-2.3 Mid-County Parkway Support development of the Mid- County Parkway that will run from Highway 79 in San
Jacinto to I-215 in Perris and will interface with Cajalco Road that connects to I-15 in Corona.

C-2.4 Roadway Design Consistency Coordinate
implementation of new roadway connections with adjacent cities and Riverside County to ensure consistency in design and operations of the new facilities and connections.

C-2.5 Regional Impacts Coordinate with Riverside County and adjacent jurisdictions regarding the planning, coordination, and impacts of circulation improvements in adjacent
jurisdictions, the Sphere of Influence area and the Planning Area.

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C-2.6 Metrolink Extension Promote the extension of
Metrolink service on the Burlington Northern Santa Fe
Railway line from Riverside to stations located near the realigned SR 79 and downtown Hemet.

C-2.7 Regional Transit Services Coordinate with Western Riverside Council of Governments, Riverside County, and Riverside County Transportation Commission to identify, protect, and pursue opportunities for public transit along major transportation corridors and future rail service that connect the City with other population and employment
centers.

GOAL
C-3
Protect neighborhoods and reduce transportation-
related risk by establishing a street circulation
system that promotes safety.

POLICIES
C-3.1 Speed Limits Establish speed limits throughout the City that relate to the design and operating characteristics of each roadway to promote the safety of residents and
travelers.

C-3.2 Street Maintenance Provide for a street maintenance operation in the City’s Capital Improvement Program to
ensure the upkeep and safety of the City’s roadways.

C-3.3 Sight Distance Ensure that new roadways and
intersections provide adequate sight distances for safe vehicular movement.

C-3.4 Emergency and Service Vehicle Right-of-Way
Establish and implement street standards that maintain an acceptable right-of-way to accommodate emergency,
utility, maintenance, and service vehicles.

C-3.5 Safe Routes to School Work with the Hemet Unified School District (HUSD) and local private schools to
ensure the provision of safe bicycle and pedestrian paths leading to and from school facilities and surrounding
neighborhoods.

C-3.6 Safe Alternatives to School Work with HUSD, local private schools, parent teacher associations, homeowner associations, and other interested parties to establish safe drop-off and pick-up zones, create “walking school buses” and “bike trains”, encourage carpooling, and facilitate expanded use of crossing guards.

C-3.7 HUSD EIRs Review and comment on HUSD
environmental impact reports (EIRs) to ensure that

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proposed school circulation systems address traffic and pedestrian safety within and adjacent to the site.

C-3.8 Creative Traffic Management Apply creative traffic management approaches to address congestion in areas
with unique problems, particularly on roadways and
intersections in the vicinity of schools in the morning and afternoon peak hours, and near churches, parks, and
community centers.

C-3.9 Priority Sidewalk Construction Give priority to street, sidewalk, and curb construction in areas near schools to facilitate safe pedestrian travel to schools.

C-3.10 Eliminate Hazards to Cyclists and Pedestrians
Identify and seek to eliminate hazards to safe and efficient bicycle or pedestrian movement citywide.

GOAL
C-4
Promote and support modes of transportation that
offer an alternative to single-occupancy automobile
use and help reduce air pollution and road
congestion.

POLICIES
C-4.1 Sustainable Urban Design Promote urban design
measures that encourage alternatives to single-occupancy vehicle transportation and direct new growth along
transportation corridors as a means of reducing roadway congestion, air pollution, and non-point source water
pollution.

C-4.2 Transportation Alternatives Support a variety of transit vehicle types and technologies and encourage alternatives to single-occupancy automobile use such as rail, public transit, paratransit, walking, cycling, and ridesharing.

C-4.3 Non-Motorized Transportation Plan Identify
opportunities to implement the Western Riverside County Non-Motorized Transportation Plan within key activity
centers of the City through the development non-
motorized transportation corridors and facilities.

C-4.4 Neighborhood Electric Vehicles Promote the use of neighborhood electric vehicles (NEVs) by using low-speed streets within projects and by ensuring connectivity with adjacent supporting uses such as neighborhood
commercial uses.

C-4.5 Development Alternatives Require new development to include opportunities for alternative transportation, such as bicycle paths, pedestrian connections, bicycle storage,

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and other facilities such as NEV paths, and charging
stations.

C-4.6 Vehicle Mile Reduction Encourage and promote the
reduction of vehicle miles traveled for all vehicles and for carbon-based fueled vehicles, and reduce the use of
gasoline and diesel fuel for on-road vehicles in accordance with Senate Bill 375 regional and/or subregional targets established by the California Air Resources Board. Create and implement programs that will aid in improving air
quality by reducing motor vehicle trips, such as those
programs recommended by the Regional Transportation
Plan, Riverside County Integrated Project, and the
Southern California Air Quality Management Board.

Require development projects to complete VMT
assessments consistent with SB 743 and City Traffic
Guidelines, and incorporate TDM measures as needed.

C-4.7 Employer Incentives Encourage all employers, especially employers of 100 or more persons to support alternative forms of transportation by providing appropriate facilities, including parking for vanpools, bicycle parking, and
passenger loading areas
C-4.8 Paratransit Service Work with the Riverside County Transportation Commission, senior agencies, retirement
communities, and local organizations to provide affordable and reliable paratransit and demand-responsive transit
services that satisfy the transit needs of the elderly and disabled.

C-4.9 Alternative Fuel Use Promote public transportation systems that use alternative fuels or promote energy
conservation.

C-4.10 Public Transit Identification Develop icons for easy identification of public transit facilities, and require that projects incorporate them when practical.

C-4.11 Transportation Services Project Amenity Encourage new senior citizen and multiple-family housing projects of greater than 100 units to provide transportation services as a project amenity.

C-4.12 Public Facilities and Transportation Services
Coordinate the development of new public facilities with mass transit service and other alternative transportation services and facilities including the consideration of light rail/monorail within the City.

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C-4.13 Park-and-Ride Facilities Require the provision of park- and-ride facilities at transit centers and stations and potential carpool origination points.

C-4.14 Transit Providers Work with public and private transit providers to improve transit service and encourage
ridership through the following actions:
a. Require transit facilities and other alternative
modes of transportation such as park-and-ride lots
and bus turnouts in major new development and
redevelopment projects.
b. Provide fixed route transit services along
transportation corridors that connect major uses
such as the Hemet Valley Mall, Hemet Valley
Medical Center, the Florida Avenue commercial
corridor, and other commercial nodes to
residential areas.
c. Improve and enhance pedestrian connections
between residential, commercial, and industrial
uses and transit services.
d. Assess senior mobility needs in coordination with
existing paratransit providers and commercial
operations and institutions (such as hospitals and
senior care centers) that interact with Hemet’s
senior population.
e. Encourage the Riverside County Transportation
Commission and Metrolink/Southern California
Regional Rail Authority to fund the establishment
of two commuter rail stations along the existing
RCTC rail line right of way.
f. Increase public education about public transit
options.

C-4.15 Transit-oriented Development Design Features
Require new development to incorporate transit-oriented design features and attractive, accessible, and appropriate transit, bicycle, and pedestrian amenities to promote and support public transit and alternate modes of
transportation, including but not limited to:
a. Designing transit stops to reduce disruption to
vehicular traffic;
b. Locating transit stops to minimize the impact of
buses and ridership on nearby neighborhoods;

13.B

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c. Ensuring that all transit stops are ADA accessible;
d. Requiring transit stop amenities such as benches,
shade, lighting, and shelters , where appropriate;
e. Requiring all new transit stops be equipped with
bicycle racks and/or bicycle lockers;
f. Encouraging senior citizen and affordable family
housing projects to provide transportation
services; and requiring new public facilities to
incorporate transit facilities.

GOAL
C-5
Develop, expand, and maintain a network of bicycle
and pedestrian accessways that provide safe and
comfortable travel between residential
neighborhoods, parks, schools, and commercial and
office centers.

POLICIES
C-5.1 Bikeway and Pedestrian Network Maintain an extensive trails network that supports bicycles and pedestrians and links residential neighborhoods, schools, commercial
centers and employment centers by implementing the
City’s Bikeway Circulation Plan and including provision and dedication of bikeways and pedestrian walkways in
conjunction with development permits.

C-5.2 Expand Bikeway Network Seek opportunities to acquire land and build new bikeways, including using floodways, easements, and abandoned rights-of-way and modifying
and widening existing roadways and shoulders to
accommodate bikeways, in accordance with the Bikeway
Circulation Plan.

C-5.3 Bike-Friendly Development Require the provision of designated bikeways, bicycle racks, lockers, and other
bicycle amenities at public parks and buildings, commercial or industrial buildings, shopping centers, and other activity centers as part of discretionary plans for development
projects.

C-5.4 Roadway Sharing Evaluate the needs of bicycle traffic in the planning, design, construction, and operation of all new roadway projects including the provision of sufficient paved surface width to enable bicycle traffic to share the road with motor vehicles.

13.B

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C-5.5 Regional Bikeway Interconnectivity Require that
existing and proposed bikeways within the City connect
with those in neighboring jurisdictions and the Riverside County Trails and Bikeway System Master Plan, whenever
practicable.

C-5.6 Pedestrian Linkages Connect commercial activity
centers to adjacent residential areas with well-designed pedestrian linkages that include amenities such as benches, trees, landscaping, and shade structures to encourage
people to walk to destinations.

C-5.7 ADA Compliance Encourage safe pedestrian walkways and compliance with Americans with Disability Act (ADA) requirements within all developments.

C-5.8 Health Benefits Promote the health benefits of using a bicycle or walking as a means of transportation.

C-5.9 Project Funding Pursue funding or grant opportunities to plan, construct, and maintain pedestrian, bicycle, and
multi-use trails.

GOAL
C-6
Facilitate the movement of freight and goods as a
means of economic expansion while protecting
residents and travelers from the negative effects of
truck operations and rail service.

POLICIES
C-6.1 Railway-Pedestrian Safety Limit pedestrian access onto the railway line from street crossings and require that discretionary development projects consider and include vandal-resistant fencing or barriers to limit pedestrian access to the extent feasible.

C-6.2 Railway Impacts Work with the railroads and State and Federal agencies to minimize the adverse safety and
congestion impacts of at-grade rail crossings of major
streets.

C-6.3 Safety Checks Re-evaluate railroad street crossing features if freight demand substantially increases within the developed portions of the City or when Metrolink service is provided.

C-6.4 Truck Routes Maintain a system of truck routes that provides adequate access to industrial and commercial
areas and areas of appropriate truck parking without
intruding on residential neighborhoods.

13.B

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C-6.5 Truck Access Require that new commercial and industrial development projects provide adequate truck access,
parking, and loading.

GOAL
C-7
Promote improved air transportation at Hemet-Ryan
Airport in a manner that benefits the City.

POLICIES
C-7.1 General Aviation Continue to cooperate with Riverside County to ensure that the Hemet-Ryan Airport continues
to serve general aviation and fire safety needs.

C-7.2 Environmental Impacts Ensure that environmental
impacts such as noise, air quality, pollution, traffic
congestion, and public safety hazards associated with
continued operation of Hemet-Ryan Airport are mitigated to the extent practical.

C-7.3 Airport Operations Support airport operation efforts to attract new industries and associated development that
provide job opportunities and stimulate the local economy.

GOAL
C-8
Identify, pursue, and establish financing
mechanisms and programs that provide adequate
funding for the City’s transportation system.

POLICIES
C-8.1 State and Federal Financing Actively pursue available State and Federal roadway improvement funds as a means
of financing roadway improvement needs.

C-8.2 Regional and Local Revenue Sources Identify and
evaluate potential regional and local revenue sources for financing transportation and transit system development and improvement projects.

C-8.3 Joint Financing Pursue coordination of joint funding and development programs with adjacent cities and the County of Riverside for transportation and transit related
improvements.

13.B

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13.B

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 24 2023
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Community Development Director; ☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing TITLE:

An Ordinance of City Council of the City of Hemet, California, Approving a Zone Change (ZC 20-001) From R-2 (Low Density Multiple Family Residential) to R-1 (Single-Family Residential Minimum Lot Size 6,000 Square Feet), Located at the Northwest Corner of East Menlo Avenue and Park Avenue (APN 439-230-005; and 018) and Approving Tentative Tract Map No. 37558 to subdivide a 13-acre parcel into 51 lots for the future construction of single-family residences.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Continue the public hearing to a future date to be set by the City Manager and direct that the City Clerk provide public notice of the future hearing once set.

BACKGROUND:

On September 12, 2023, this item was continued to allow time to address comments received at the meeting by a Council Member as provided in the attached (5-0 vote).

The applicant is requesting a continuance to allow time to work through the comments. At this time, it is uncertain how long it will take to address all items raised. Therefore, staff is recommending that the City Council continue the public hearing to a future date to be set by the City Manager. To ensure transparency and access, it is recommended that the City provide public notice of the future hearing date once it is set.

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.

To manage the City’s growth by protecting and preserving the environment and maximizing the use of public infrastructure.

13.C

ATTACHMENT(S):

Attachment 1 Applicant Letter 10.12.23
Attachment 2 List of Councilmember Questions and Comments

13.C

gACKERMANLAWPC
3200E.GucistiRoadSuite100.Ontario,CA9|76lPhone:(909)456-1460 Email:[email protected]
October12,2023
VIAE-MAILTO:[email protected]
MoniqueAlaniz—Flejter,PrincipalPlannerCityofHemet455E.FloridaAvenueHemet,CA925434 Re:TTM37558—
RequestforContinuanceofHearingDearMs.Alaniz-Flejterz
Theabove-referencedprojectwascontinuedbyCityCounciltoOctober24,2023,whiletheapplicantandCityStaffworkthroughcommentspresentedbyCouncilmemberCaroleKendrick.Perourconversationlastweek,theapplicantandCityStaffarecontinuingtoworkthroughCouncilmemberKendrick’scommentsand,therefore,Irespectfullyrequestthatthisitembetakenoffcalendar.Furthermore,thevariousapplicationssupportingTTM37558arepartofasingleprojectandeachapplicationshouldnotbeconsideredseparately. '
cerely,
JasonM.AckermanAckermanLawPC

13.C

800 Girard
Staff report
•Page 412 - Did the traffic take into account new housing laws regarding ADU’s, JADU’s, SB 9 &10?
•Pag 412 – Number 1 – this does nothing to address the issues and will not produce any improvements. Why not do it now??
•Page 413 – Number 3 - I have an issue with the map being a vesting map as it will lock in todays DIF fees. We need to kick off the DIF update sooner than later. •Page 413 – Number 4 – issue with flag lots and recommend SDR come back to CC or approval due to neighborhood sensitivity.
•No discussion on Quimby and how much is required for proposed project.

Attorney letter
•Page 414 – states property changing to R-3, this is incorrect as proposal is for R-1-6 •Page 415 – Only Menlo improvements mentioned, not Girard. I think a stop sign at Menlo & Girard would be warranted.
•Page 418 – no legal opinion was ever provided on this item except in relation to SB330.

CC Ordinance
•Page 419 – no mention of Infrastructure date.
•Page 421 – entire property is not located in High Fire Severity zone, does this have an impact on SB330? Flag lots in a HFSZ are a HUGE concern.

PC Resolution
•Page 427 – no mention of infrastructure date.
•Page 429 – entire property is not located in High Fire Severity zone, does this have an impact on SB330? Flag lots in a HFSZ are a HUGE concern.
•Page 430 & 431 – Section 2, numbers 1-4 should say City Council. •Page 434 & 435 – no mention of Infrastructure date.
•Page 437 – Same comment as on Page 421 & COA reference is incorrect, should be 143. •Page 438 – references surrounding properties annexed in 1990. When was the subject property annexed? Any property annexed after 7.01.1982 will only receive 25% of the property taxes per County of Riverside Resolution 81-281. Residential is heavy on services, how is the developer going to make the City whole for their impact on services instead of burdening the existing tax payers?
•Page 439 – Section 3, number 3 – I disagree with the statement that the proposed development is consistent with the surrounding land use pattern.
•Page 440 – Disagree that that the project is consistent with LU-3.1 and CD-5.10. •Page 441 – 2 nd paragraph states the project is consistent with a Specific Plan. This is incorrect, please remove.
•Page 442 – item 6 – I don’t necessarily agree due to circulation and traffic issues.

13.C

•Page 443 – item 7 – States that the map does conflict with easements and redesign may be needed. If so, I would like this to come back to CC. Lots 52-54 should be numbered lots.

Conditions of Approval
•Page 445 – The original CC date and Infrastructure date should be listed. •Page 445 – COA 1 Recommend EOT come back to Council.
•Page 447 – COA 7 This does nothing to address the issues. •Page 447 – COA 9 Show proposed mailbox areas as they may impact lots or ADA. •Page 447 – COA 12 Indicate required Quimby acreage for subject property. •Page 447 – COA 13 Construct parks prior to the first SFR final. •Page 448 – COA 14 Recommend SDR come to CC.
•Page 448 – COA 15 add milestone.
•Page 448 - COA 16 not supportive of flag lots especially in HFSZ. •Page 449 – COA 18 add disclosure regarding Casa Loma fault. •Page 455 – COA 43 reword as new Building Code should have been adopted. •Page 455 – COA 50 not applicable.
•Page 458 – COA 70 add milestone.
•Page 458 – COA 76 Don’t we know if we have one in area? •Page 458 – COA 79 As proposed does this meet fire access requirements? 15’ Driveway??? •Page 459 – COA 82 NO cross lot drainage on the rear.
•Page 460 – COA 85 not consistent with General Plan circulation. •Page 463 – COA 106 change Planning Director to Community Development Director. •Page 463 – COA 111 are there any overhead utilities on site? •Page 463 – COA 112 Stop signs….where are they?
•Page 463 – COA 116 HOA only.
•Page 463 – COA 117 show proposed location of gang mailboxes. •Page 465 - COA 118 Milestone needs to be much sooner and HOA maintenance, not the City. •Page 466 – COA 121 Need an exact milestone.
•Page 468 – COA 143 Need a milestone.
•Need the following COAs
oMonument signage a shown on map
oCorner lots shall provide a minimum of a 3’ landscape area adjacent to the street side yard
oSingle story products only
oStop signs prior to first building permit final
Exhibit
•Page 469
oPossible (?????) unit count
oNote 11 does not list both parcels in the project boundary. oNote 13 remove as LLAs will go through separate application process. oNote 15 remove.
oNote 19 HOA only.

13.C

oNote 20 HOA only.
oOpen space lots are not functional especially lot 53 that should be a lettered lot. The tail part is not adequate for any open space amenity. No parking for open space lots. oWhy hasn’t feasibility study been done for EMWD & LHMWD? oWhere are easements 1 & 2?
oLots 52-54 need to be lettered lots.
oNo on vesting.
oThe map is required to show zoning and GP land use for properties within 100 feet per application requirements.
o5-10” private/HOA drainage easement are not feasible.
oNo flag lots.
oWhat is the distance from Lot A to the Cajon Street?
oWas this project transmitted to San Jacinto?
oPark and Menlo cross sections are inconsistent with the General Plan. oAll street cross sections show a monolithic sidewalk, except Girard. The GP requires a parkway adjacent to the curb.
oCan non-habitable structures be placed in the fault zone? oFor flag lots is a 15’ width adequate for fire access? Single Family Design Guidelines

13.C

Traffic Impact Analysis
•Section 1.3 Park Avenue was not analyzed
•Section 1.3.1 Should have analyzed
oPark & Menlo
o Keril & Menlo
oChino & Menlo
oYale & Park
oOakland & Menlo
•Section 1.4 data from 2019. TIA needs to be updated.
•Section 1.5 what is the project’s DIF contribution and when was the DIF last updated? •Section 1.5 are any of those roads TUMF roads?
•Exhibit 1-3 Street A at Girard does not provide a clear picture of what vertical improvements are proposed that hinder visibility. In addition, stop signs need to be added at all 3 and 4 way intersections.
•Only one APN referenced.

ISMND
•Only 1 APN along with several reports.

13.C

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 24 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Approval of the Regular City Council Meeting Minutes of October 10, 2023 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve the October 10, 2023, Regular City Council Meeting Minutes.

STRATEGIC PLAN INTEGRATION:

N/A
ATTACHMENT(S):

City Council Meeting - Oct 10 2023 - Minutes

14.A

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, October 10, 2023

1. CLOSED SESSION – 6:30 P.M.

2. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:30 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

3. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Mayor Males
Mayor Pro Tem Lilienthal
Council Members Kendrick, Krupa, and Peterson
Staff Present:

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John P. Maier

4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Males asked for Public Comments, the following citizen spoke:

Judith McPherson.

Council recessed into Closed Session at 6:33 p.m.

5. DISCUSSION ITEM

14.A

5.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Significant Exposure to Pursuant to Paragraph (2) of
Subdivision (d) of Section 54956.9
Number of Cases (1)

6. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 7:04 P.M.

REGULAR MEETING - 7:00 P.M.

7. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:08 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

8. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Mayor Males
Mayor Pro Tem Lilienthal
Council Members Kendrick, Krupa, and Peterson
Staff Present:

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John P. Maier

9. INVOCATION
Invocation was given by Pastor Bob Beckett.

10. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Kendrick.

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Graham stated, by consensus, the City Council from the 6:30 p.m. Closed Session.

11. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for Public Comments, the following citizens spoke:

Debra Schamber, Joey House, Jennifer Henry, Terry Larned, and Ann Smith.

14.A

11.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items

11.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter

12. PRESENTATIONS

12.A Water Professional Appreciation Week Proclamation

Council Member Krupa presented the proclamation to Water/Waste Water Supervisor Tim Burke and staff.

12.B Fire Prevention Week Proclamation
Council Member Kendrick presented the proclamation to Battalion Chief Greg Lloyd.

12.C Progress Report on the Certification Status of the City's Housing Element in Accordance with State-Mandated Requirements for the 2021-2029 6th Housing Element Cycle
Recommendation:

The City Council received a Progress Report on the Certification Status of the City's Housing Element in Accordance with State Mandated Requirements for the 2021-2029 6th Housing Element Cycle.

13. RECEIVE AND FILE

13.A Quarterly Grant Report for the Period Ending September 30, 2023 Recommendation:

By consensus, the City Council received and filed the Quarterly Grant Report for the period ending September 30, 2023.

13.B The City of Hemet Warrant Registers Dated August 24, 2023, in the amount of $4,167,614.27, and September 7, 2023, in the amount of $1,702,218.43. The Payroll Periods of August 7, 2023 – August 20, 2023, in the amount of $863,005.03, and August 21, 2023 – September 3, 2023, in the amount of $911,578.18
Recommendation:

By consensus, the City Council received and filed the City of Hemet Warrant Registers.

14.A

14. PUBLIC HEARING

14.A A Resolution of the City Council of the City of Hemet, California, Adopting General Plan Amendment 23-001 to amend the City of Hemet General Plan Circulation Element to include removal of a segment of the future Whittier Avenue/Street alignment from the City of Hemet General Plan Roadway Circulation Master Plan as identified in Exhibit 1A Traffic Impact Analysis dated August 17, 2023; and Finding that the Project is Categorically Exempt from CEQA in Accordance with 15061(b)(3) of the California
Environmental Quality Act (CEQA) Guidelines
Recommendation:
# - #

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL
MEMBER KENDRICK, CARRIED 5-0, to continue this Item to the next Meeting on October 24, 2023, and direct staff to notice the Public Hearing for October 24, 2023.

14. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR
PRO TEM LILIENTHAL, CARRIED 5-0, to approve the Consent Calendar, with the removal of Items 15.A, B, E, H, and J for separate consideration.

15.A Approval of the Regular City Council Meeting Minutes of September 26, 2023
Recommendation:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY
COUNCIL MEMBER PETERSON, CARRIED 5-0, to approve the
September 26, 2023, Regular City Council Meeting Minutes, as amended.

15.B A Resolution of the City Council of the City of Hemet, California, Awarding Cotter Construction, Inc. an Agreement for the Gibbel Park Pickleball Courts Project, CIP 5746, in the Amount of $246,118.00 Excluding the Additive Bid Item, Waiving Any Minor Bid Irregularities, Authorizing the City Manager to Execute All Contract Documents and to
Approve Additional Construction Expenditures not to
exceed $24,600 (approximately 10% of the Contract Price), Authorizing the Administrative Services Director to Record a Supplemental Appropriation to the Project Budget in the Amount of $57,966 From Fund 361 and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer

14.A

Recommendation:

MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND
BY COUNCIL MEMBER PETERSON, CARRIED 5-0, to
adopt a Resolution 2023-164 of the City Council of the City of Hemet, California, Awarding Cotter Construction, Inc. an Agreement for the Gibbel Park Pickleball Courts Project, CIP 5746, in the Amount of $246,118.00 Excluding the
Additive Bid Item, Waiving Any Minor Bid Irregularities, Authorizing the City Manager to Execute All Contract
Documents and to Approve Additional Construction
Expenditures not to exceed $24,600 (approximately 10% of the Contract Price), Authorizing the Administrative Services Director to Record a Supplemental Appropriation to the
Project Budget in the Amount of $57,966 From Fund 361
and Authorizing the City Clerk to Record the Notice of
Completion Upon Acceptance of the Work by the City
Engineer.

15.C A Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to an
Agreement for Services between the City of Hemet and
Lilburn Corporation to Authorize an Additional $5,280 for a Contract not to Exceed the Amount of $61,540 to complete California Environmental Quality Act (CEQA) Documents for Development Application and Authorizing the First
Amendment to the Tri-Party Agreement between Lilburn
Corporation and Amco Fuels LLC
Recommendation:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND
BY MAYOR PRO TEM LILIENTHAL, CARRIED 5-0, to
adopt a Resolution 2023-165 of the City Council of the City of Hemet, California, Approving the Second Amendment to an Agreement for Services between the City of Hemet and Lilburn Corporation to Authorize an Additional $5,280 for a Contract not to Exceed the Amount of $61,540 to complete California Environmental Quality Act (CEQA) Documents for Development Application and Authorizing the First
Amendment to the Tri-Party Agreement between Lilburn
Corporation and Amco Fuels LLC.

15.D A Resolution of the City Council of the City of Hemet, Authorizing the Extension of the Service Fee Collected on Behalf of the Riverside County Abandoned Vehicle
Abatement Service Authority until May 2034

14.A

Recommendation:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND
BY MAYOR PRO TEM LILIENTHAL, CARRIED 5-0, to
adopt a Resolution 2023-166 of the City Council of the City of Hemet authorizing the extension of the service fee
collected on behalf of the Riverside County Abandoned
Vehicle Abatement Service until May 2034.

15.E A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's
Classification and Compensation Plan to Include the New Position of Public Safety Office Specialist Supervisor
Recommendation:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND
BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a
Resolution 2023-167 of the City Council of the City of
Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the new position of Public Safety Office Specialist Supervisor.

15.F A Resolution Relating to Salary Ranges and Benefits for the Management/Confidential Group, Establishing Policy with Respect to the Requirements, Responsibilities, and
Conditions of Employment of the Management/Confidential Group of the City of Hemet, Repealing Resolution No. 2022- 102
Recommendation:

MOTION BY COUNCIL MEMBER KENDRICK, SECON BY
MAYOR PRO TEM LILIENTHAL, CARRIED 5-0, to adopt a
Resolution 2023-168 Relating to Salary Ranges and
Benefits for the Management/Confidential Group,
Establishing Policy with Respect to the Requirements,
Responsibilities, and Conditions of Employment of the
Management/Confidential Group of the City of Hemet,
Repealing Resolution No. 2022-102.

15.G A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute Side Letter Agreements with Hemet City Fire Fighters
Association, Hemet Mid-Managers Association, Hemet
Police Management Association, and Service Employees

14.A

International Union Establishing an Employee Referral
Bonus Program for Lateral Police Officers and Lateral
Public Safety Dispatchers
Recommendation:

MOTION BY COUNCIL MEMBER KENDRICK, SECON BY
MAYOR PRO TEM LILIENTHAL, CARRIED 5-0, to adopt a
Resolution 2023-169 of the City Council of the City of
Hemet, California, authorizing the City Manager to execute Side Letter Agreements with Hemet City Fire Fighters
Association, Hemet Mid-Managers Association, Hemet
Police Management Association, and Service Employees
International Union, establishing an Employee Referral
Bonus Program for Lateral Police Officers and Lateral
Public Safety Dispatchers.

15.H A Resolution of the City Council of the City of Hemet, California, Approving a Series of Administrative
Amendments to the City’s Classification and Compensation Plan for Employee Salary Ranges
Recommendation:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND
BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a
Resolution 2023-170 of the City Council of the City of
Hemet, California, approving a series of administrative amendments to the City’s Classification and Compensation Plan for Employee Salary Ranges.

15.I A Resolution of the City Council of the City of Hemet, California, Accepting the Organized Retail Theft Grant from the State of California Board of State and Community
Corrections in the Amount of $2,500,065 and Granting the City Manager Authority to Execute Agreements Required for Grant Acceptance, any Amendments or Extensions to Such
Agreements, add Additional Positions to the budgeted
Position List for the Police Department, and Authorize the Administrative Services Director to Establish Expenditure Accounts and Budget for the Grant Period
Recommendation:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND
BY MAYOR PRO TEM LILIENTHAL, CARRIED 5-0, to
adopt a Resolution 2023-171 of the City Council of the City of Hemet, California, Accepting the Organized Retail Theft

14.A

Grant from the State of California Board of State and
Community Corrections in the Amount of $2,500,065 and
Granting the City Manager Authority to Execute Agreements Required for Grant Acceptance, any Amendments or
Extensions to Such Agreements, add Additional Positions to the budgeted Position List for the Police Department, and Authorize the Administrative Services Director to Establish Expenditure Accounts and Budget for the Grant Period.

15.J Second Reading and Adoption of Ordinances Introduced for First Reading at the September 26, 2023, City Council
Meeting:

An Ordinance of the City Council of the City of Hemet,
California, Repealing Chapter 2, Article IV, Division 4, (Infrastructure Commission) and Chapter 2, Article IV,
Division 5 (Planning Commission) to Transfer the Functions and Duties of the Infrastructure Commission to the Planning Commission;

An Ordinance of the City Council of the City of Hemet,
California, Amending Article II (California Building Code) of Chapter 14 (Buildings and Building Regulations) to Amend Section 14-41 Related to Expiration of Building Permits;

An Ordinance of the City Council of the City of Hemet,
California, Amending Article XI (Maintenance, Security, And Rehabilitation of Abandoned or Vacant Properties) of
Chapter 14 (Buildings and Building Regulations)
Recommendation:

MOTION BY COUNCIL MEMBER PETERSON, SECON BY
COUNCIL MEMBER KENDRICK, CARRIED 4-1 (COUNCIL
MEMBER KRUPA VOTING NO), to waive full reading and
adopt an Ordinance 2020 of the City Council of the City of Hemet, California, Repealing Chapter 2, Article IV, Division 4, (Infrastructure Commission) and Chapter 2, Article IV, Division 5 (Planning Commission) to Transfer the Functions and Duties of the Infrastructure Commission to the Planning Commission;

MOTION BY COUNCIL MEMBER KRUPA, SECON BY
MAYOR PRO TEM LILIENTHAL, CARRIED 5-0, to waive
full reading and adopt an Ordinance 2021 of the City
Council of the City of Hemet, California, Amending Article II (California Building Code) of Chapter 14 (Buildings and Building Regulations) to Amend Section 14-41 Related to

14.A

Expiration of Building Permits;

MOTION BY COUNCIL MEMBER KRUPA, SECON BY
MAYOR PRO TEM LILIENTHAL, CARRIED 5-0, to waive
full reading and adopt an Ordinance 2022 of the City
Council of the City of Hemet, California, Amending Article XI (Maintenance, Security, And Rehabilitation of Abandoned or Vacant Properties) of Chapter 14 (Buildings and Building Regulations).

16. DISCUSSION - ACTION ITEMS

16.A Consideration of Approval of Trash Enclosure Pilot Program; Adopt a Resolution to adopt Waiver of Program Processing Fees for Pilot Program; Direct the City Manager to prepare an Ordinance Amendment to the Hemet Municipal Code Related to the conversion of parking to accommodate required refuse and recycling bins; and Direct the City Manager to prepare an Ordinance Amendment to the Hemet Municipal Code requiring compliance with the commercial and industrial refuse
requirements Citywide within two (2) years of adoption of an Ordinance

Staff Report #23-339 - Pdf

Recommendation:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY
MAYOR PRO TEM LILIENTHAL, CARRIED 5-0, to:

1. Consider approval to initiate the Trash Enclosure Pilot Program.

2. Adopt a Resolution 2023-172 to approve the waiver of application and processing fees associated with the
Trash Enclosure Pilot Program.

3. Direct the City Manager to prepare an Amendment to the Hemet Municipal Code to provide for adequate space for
refuse and recyclable materials storage and collection
and allow the conversion or removal of required parking space with justification.

4. Direct the City Manager to prepare an Amendment to the Hemet Municipal Code requiring compliance with the
commercial and industrial refuse requirements within two (2) years of the adoption of an ordinance.

16.B Quarter One Update on Progress of Fiscal Year 2023-24 Strategic Plan Action Item Tasks

14.A

Staff Report #23-338 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

The City Council receive and filed the Quarter One Update on progress associated with City Council Fiscal Year 2023-24 Strategic Plan Action Item tasks.

16. CITY COUNCIL AND STAFF REPORTS
Mayor Males asked for Council Comments. Council Member Kendrick, Council Member Krupa, Council Member Peterson, Mayor Pro Tem Lilienthal, and Mayor Males gave reports.

CITY MANAGER PRESTWICH
City Manager Prestwich announced the City Updates that are available on the City’s website at hemetca.gov, encouraging the Community to join the mailing list for bi-weekly updates.

18. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 9:48 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on October 24, 2024.

APPROVAL: ATTEST:

_______________________________
Joe Males

_____________________________
John P. Maier, MMC
Mayor City Clerk

14.A

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 24 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Charles Russell, Public Works Operations Manager, Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Agreement for Goods and Services Between the City of Hemet and Liftech Elevator Services, Inc. to Modernize the Elevator at the Simpson Center and the Front Elevator at the Hemet Public Library in the amount of $246,000 and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation in Fund 685 in the amount of $125,000 Plus a 10% Contingency in the Amount of $12,500 for a Total Authorized Amount of $137,500 and Authorizing the City Manager to Execute 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 Agreement for Goods and Services Between the City of Hemet and Liftech Elevator Services, Inc. to Modernize the Elevator at the Simpson Center and the Front Elevator at the Hemet Public Library for the amount of $246,000 and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation in Fund 685 in the amount of $125,000 plus a 10% Contingency in the Amount of $12,500 for a Total Authorized Amount of $137,500 and Authorizing the City Manager to Execute all Documents Related to the Agreement.

BACKGROUND:

The Public Works Department is responsible for the operation and maintenance of elevators located at the City of Hemet facilities. Elevators are located at City Hall, the Police Department, the Simpson Center, and the Public Library. The elevators at the Simpson Center and the Hemet Public Library are out of service. The Simpson Center elevator is 32 years old, and the Public Library elevator is 20 years old. Each elevator has encountered several electrical component failures, and due to the age of each elevator, compatible replacement components are no longer available. Staff reached out to elevator repair vendors for a system diagnosis, and the vendors determined that the elevators need a complete system modernization, which will consist of replacing all of the elevator components, excluding the elevator car and the shaft.

14.B

On April 25, 2023, the City Council approved additional appropriations utilizing American Rescue Plan Act Fund 270, for the Simpson Center improvements, which included elevator modernization.

Staff is now recommending a supplemental appropriation in Fund 685 in the amount of $125,000 plus a 10% contingency of $12,500 for a total of $137,500 to modernize the Hemet Public Library's front elevator.

ANALYSIS:

Upon inspection of the elevator safety and electrical systems, two vendors recommended that both systems be completely replaced with new modern systems. On September 5, 2023, the Procurement Administrator posted a formal request for bids for elevator modernization at the Hemet Public Library and the Simpson Center. On September 25, 2023, the Procurement Administrator received three bids, as shown below.

Bidder Simpson Center Public Library Grand Total
Liftech Elevator
Services, Inc. $121,000 $125,000 $246,000
Kone, Inc. $129,890 $124,480 $254,370
EnPro Elevator, Inc. $129,955 $133,315 $263,270
Formal bid procedures were followed in conformance with the Public Contracts Code.

Liftech Elevator Services, Inc. is the lowest responsible bidder for the project. Staff is recommending that the City Council approve the Agreement for Goods and Services with Liftech Elevator Services, Inc.

DISCUSSION:

The Hemet Public Library is a very prominent building within the City of Hemet and is a popular destination for the citizens of Hemet and its visitors. This elevator is used to access the second floor, where many events are held, such as the City of Hemet State of the City Address, the Ramona Pageant Fundraising Dinner, Police and Fire Department ceremonies, new employee orientations, and Center rehabilitated being currently is Simpson other events. private and public in The preparation for being rented or leased to a professional facility operation management entity. Both elevators need to be operational to meet the needs of the elderly and physically impaired patrons who attend events at these locations.

PREVIOUS COUNCIL ACTION:

On April 25, 2023, the City Council approved appropriations utilizing American Rescue Plan Act Fund 270 for the Simpson Center improvements, which included elevator modernization.

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.

14.B

FISCAL IMPACT:
a establish Director Services Administrative to for authorization recommending is Staff the supplemental appropriation in Fund 685 in the amount of $125,000 plus a 10% contingency of $12,500 for a total of $137,500 for the elevator modernization at the Public Library.

As a result of the staff's recommended action, the available fund balance in Fund 685, Facilities Maintenance, is $550,159 and will be reduced by $137,500 to $412,659 for the remainder of the fiscal year (2023-24).

ALTERNATIVE(S):

1. Do not approve the elevator modernization repairs agreement with Liftech Elevator Services, Inc.

2. Provide alternative direction to the staff.

ATTACHMENT(S):

Attachment 1_ Resolution for Library Elevator Modernization Attachment 2: Liftech Elevator Services, Inc. Bid
Attachment 3: Kone, Inc. Bid
Attachment 4: EnPro Elevator, Inc. Bid
Attachment 5_ Bid Comparison
Attachment 6: Agreement

14.B

CITY OF HEMET 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 THE AGREEMENT

FOR GOODS AND SERVICES

BETWEEN THE CITY OF

HEMET AND LIFTECH
ELEVATOR SERVICES, INC.

TO MODERNIZE THE

ELEVATOR AT THE SIMPSON

CENTER AND THE FRONT

ELEVATOR AT THE HEMET

PUBLIC LIBRARY FOR THE
AMOUNT OF $246,000 AND

AUTHORIZING THE

ADMINISTRATIVE SERVICES

DIRECTOR TO ESTABLISH A

SUPPLEMENTAL
APPROPRIATION IN FUND 685
IN THE AMOUNT OF $125,000
PLUS A 10% CONTINGENCY IN
THE AMOUNT OF $12,500 FOR

A TOTAL AUTHORIZED
AMOUNT OF $137,500 AND

AUTHORIZING THE CITY

MANAGER TO EXECUTE 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 Public Works Department is
responsible for the operation and maintenance of elevators located at City of Hemet facilities; and

14.B

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 WHEREAS, the elevators at the Hemet Public Library
and Simpson Center are out of service, and due to the age of the elevators the replacement components are no longer available; and
WHEREAS, it has been determined that the elevators
need to be modernized, which will consist of replacing all of the elevator components excluding the elevator car and
shaft; and
WHEREAS, on April 25, 2023, the City Council
approved appropriations utilizing American Rescue Plan Act Fund 270 for the Simpson Center improvements, which
include elevator modernization; and
WHEREAS, on September 5, 2023, the Procurement
Administrator posted a formal request for bids for elevator modernization at the Simpson Center and Hemet Public
Library; and
WHEREAS, Staff determined that Liftech Elevator
Services, Inc. was the lowest responsible bidder; and
WHEREAS, staff is now recommending a
supplemental appropriation in fund 685 in the amount of $125,000 and a 10% contingency of $12,500 for a total
amount of $137,500 to modernize the front elevator at the Hemet Public Library.

14.B

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 NOW, THEREFORE, THE CITY COUNCIL OF THE

CITY OF HEMET FINDS, DETERMINES, ORDERS AND
RESOLVES AS FOLLOWS:

SECTION 1.The above recitals are true and correct.

SECTION 2.Approves the Agreement for Goods and
Services between the City of Hemet and Liftech Services, Inc. to modernize the elevator at the Simpson Center and the front elevator at the Hemet Public Library in the amount of $246,000.

SECTION 3.Authorizes the Administrative Services
Director to establish a supplemental appropriation in fund 685 in the amount of $125,000 and a 10% project
contingency in the amount of $12,500 for a total authorized amount of $137,500.

SECTION 4.Authorizes the City Manager to execute
all documents related to the agreement.

PASSED, APPROVED AND ADOPTED this 24th day
of October, 2023.
____________________________
Joe Males, Mayor

14.B

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 ATTEST:
_____________________________
John Paul Maier, City Clerk

14.B

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 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 24th day of October
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

14.B

CITYOFHEMET

FORMALBID
Library
BIDDATE September5,2023
BIDDUEDATESeptember26,2023before3:00PMMailingAddress: CityofHemetPurchasingDivision445E.FloridaAve.Hemet,CA92543

BIDCONTENTS
SectionI- InstructiontoBiddersSectionII- ScopeofSen/icesSectionIII- BidderRequirementsSectionIV— BidSheetSectionV- ReferenceSubmittalFormSectionVI— LocalVendorPreference
ExhibitA- PhotosofElevatorSpecificationsSampleContract(seeseparateattachmentindocumentssection) QUESTIONSDeadlineforreceiptofquestionsisSeptember19,2023,AllquestionsmustbesubmittedinwritingthroughtheQ&ASectionoftheBidPageElectronicresponsesmustbereceivedbytheProcurementAdministratornolaterthanthedate,timeandlocationindicatedaboveforthereceiptofbids.Latesubmissionofresponsesshallnotbeconsidered.Submittalofresponsebyfaxisnotacceptable.Note:Thisbiddoesnotconstituteanorderfortheservicesspecified.

ElevatorModernizationatSimpsonCenterandHemetPublic

14.B

IV .BIDSHEETFORElevatorModernization
DATE;09/26/2023
TOTHECITYOFHEMET,CALIFORNIA:

BIDDER(FirmName)
LiftechElevatorServices,lnc.

Theundersignedherebyproposesandagreestofurnishanyandallmaterials,, equipment,tools,labor,andservicesfortheSimpsonCenterElevatorModernizationspecifiedinSectionIIScopeofServices.ll Theundersignedbiddercertifiesthatthisproposalismadeingoodfaith,withoutcollusionorconnectionwithanotherersonorersonsbiddinonthework.n-EM TOTALPRICEElevatorModernization— SimpsonCenter $121,000.00ElevatorModernization— HemetPublicLibraryFrontElevator $125,000.00 Warrantyperiod0Warranty(Optional)0
Provideadetailcostbreakdownofequipmentandoptionsetc.SimpsonCenter:MaterialsandParts $55,000.00Labor $66,000.00AdditionalElectricalwork(ifneeded) HemetPublicLibrary:Labor $66,000.00AdditionalElectricalwork(ifneeded)Bidpricesshallbefirmfor6monthsfromdateofbidopeningtopermitstaffevaluation.Projectcompletiontime- 5monthsfromapprovals.

14.B

LiftechElevatorServices,Inc 808879011NameofCompanyasLicensedContractorLicenseNo.andClass SimpsonCenter:

LUMPSUMBASEBID(inwordsandinfigures)$$121,000-00(infigures)OneHundredTwenty-OneThousand dollars& 00 M00(inwords) HemetPublicLibrawFrontElevator:

LUMPSUMBASEBID(inwordsandinfigures)$$125v°°0~00(infigures)0 HcldTt-F‘Th dneunrewenyrveousan do”arS&00 /100(inwords) Theaboveamountisthetotalamountbidfortheentirecontractworkincludingallapplicabletaxesandhourlyprevailingwagerates.Anyalteration,erasure,orchangemustbeclearlyindicatedandinitialedbythebidder.Thebidderagreesthatifthereareanydiscrepanciesorquestionsinthefigures,theCITYwillusethelowerfiguredespitethebidder’sintent.TheCityreservestherighttorejectanyandallbidsandtowaiveanyirregularities.

Addendum(a)No(s).0 haslhavebeenreceivedandislareincludedinthisproposal.

Theundersignedbidderdeclaresthathehascarefullyexaminedthespecificationsandreadthelemrsandconditions,andherebyproposesandagrees,ifthisbidisaccepted,tofurnishallmaterialinaccordancewiththespecificationsandinstructions,inthetimeandmannerINFORMATION.FAILURET0DOSOMAYVOIDYOURBID.CompanyName: Address:2897GardenaAvenueLiftechElevatorServices,Inc SignalHill,CA90755Telephone#:(562)997-3639E-mailaddress: BusinessLicenseNumber:201726dsimon@|iftechelevator.com

14.B

AuthorizedRepresentative:(print)DanielM.SimonDIRReg.No.&ContractorLicenseNo.8088791000010759

14.B

V .REFERENCESUBMITTALFORM
Firm#1— NameofFirm:lndlanWellsWage
AddressorFirm;74-sooHighway111IndianWells,CA92210
ContactPerson:KevinHuxley PhoneNo.(750)558-4029
EmailAddress;[email protected]$104,781.00 DateofPrgject:From09/17/2022To10/17/2022
BriefDescriptionofProject;Completemodernizationofhydraulicelevator,toincludecontroller,pumpunit,?xtures.rollerguides,cabinteriors.anddoorpackage.

Firm#2_NameofFirm;WatermanMedicalBuilding
AddressofFirm;2150WatermanAve.SanBernardino,CA92404
ContactPerson;ChristinaBecker PhoneNo_(951)676~48B2
EmailAddress;[email protected]$89,972.00 DateofProject:From94/05/2023To05/05/2023
BriefDescriptionofProject;Completemodernizationofhydraulicelevator,toincludecontroller,pumpunit,?xtures,rollerguides,anddoorpackage.

Firm#3— NameofFirm:UCRiverside
AddressofFirm:900University
EmailAddress:fe"la"d°-"U"BZ@UC'-ed“AmountofProject$231000-00DateofProject:From04/23/2023To0593/2023BriefDescriptionofProject;Completemodernizationofhydraulicelevator,toincludecontroller,pumpunit,?xtures,rollerguides,leedline,cylinderanddoorpackage.

14.B

VI.LOCALVENDORPREFERENCE

CITYOFHEMET

LOCALBUSINESSPREFERENCEANDCERTIFICATIONREQUEST
(Biddersrequestinga5%LocalBusinessPreferencemustenclosethisformintheBidPackage) NOTICETOALLBIDDERS:Section2-340oftheCityofHemetMunicipalCoderequiresthataLocalPreferencebegiventobidderswhoqualifyasalocalbusiness.

A.Section2-340requiresquali?edlocalvendorstobegivenpreferenceinbidevaluationandawardifaquali?edlocalvendordoesnotmakethelowestpricedsubmission.AnyqualifiedlocalvendorthatmakesaresponsivesubmissionshallhavetheirsubmissionpricereducedbyfivepercentforthepurposesofcomparisontotheothersubmissionsreceivedbytheCityinmakingthedeterminationsrequiredbySection2-334through2-336.Ifwiththis?vepercentreductionaqualifyinglocalvendorwouldbeawardedthecontract,thequalifyinglocalvendorshallbegiventheopportunitytoamendtheirsubmissiontopricematchthetruelowestpricedsubmission.Ifthequalifyinglocalvendoragreestopricematchthenthecontractshallbeawardedtothelocalqualifyingbidder.

B.Forpurposesofthissection,a“qualifiedlocalvendor"shallbedefinedas:

1.Anindividual,partnershiporcorporationwhichhasfixedfacilitieswithemployeeslocatedwithinthecorporatelimitsoftheCity;andwhichisshownbytherecordsmaintainedbytheCity'sfinancedepartmentashavingsecuredallnecessarybusinesslicensesandashavingpaidallapplicablefeesandtaxesimposedbytheCity;2.Ithasabusinessstreetaddress(P.O.Boxorresidentialaddressshallnotsufficetoestablishalocalpreference);34AllsalestaxforthepurchaseofgoodsmustbereportedtotheStatethroughabusinesswithinthegeographicboundariesoftheCityofHemet.

C.Forpurposesofthissection,“preference”shallmeanthereductionfactorappliedtothebidofalocalvendorthatwillallowthelocalvendortoamendtheirsubmissionandpricematchthetruelowestpricedsubmission.IMPORTANTNOTICE(Readbeforesigning) THE“LOCALBUSINESSPREFERENCEANDCERTIFICATIONREQUEST”MUSTBESIGNEDINTHESAMENAMESTYLEINWHICHTHEBIDDERISLICENSEDBYTHECITYOFHEMET.LegalNameofBidder(s)DanielM.SimonAddressofBidder2897GardenaAv ‘
BidderCityofHemetBusinessLicSignatureofAuthorizedBidder

14.B

IV. BID SHEET FOR Elevator Modernization

DATE: _______________________

TO THE CITY OF HEMET, CALIFORNIA:

BIDDER (Firm Name)

__________________________________________________________

The undersigned hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for the Simpson Center Elevator Modernization specified in Section II Scope of Services.

The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.

ITEM TOTAL PRICE
Elevator Modernization – Simpson Center
Elevator Modernization – Hemet Public Library Front Elevator

Warranty period ________________
Warranty (Optional) ______________

Provide a detail cost breakdown of equipment and options etc.

Simpson Center:

Materials and Parts
Labor
Additional Electrical work (if needed)

Hemet Public Library:

Materials and Parts
Labor
Additional Electrical work (if needed)

Bid prices shall be firm for 6 months from date of bid opening to permit staff evaluation.

Project completion time - _________________

September 25, 2023
KONE, Inc.

May 01. 2024, see attached timeline in bid letter

14.B

___________________________________________________________ Name of Company as Licensed Contractor License No. and Class

Simpson Center:

LUMP SUM BASE BID (in words and in figures) $ __________________________ (in figures)

___________________________________________ dollars & _________/100 (in words)

Hemet Public Library Front Elevator:

LUMP SUM BASE BID (in words and in figures) $ __________________________ (in figures)

___________________________________________ dollars & _________/100 (in words)

The above amount is the total amount bid for the entire contract work including all applicable taxes and hourly prevailing wage rates. Any alteration, erasure, or change must be clearly indicated and initialed by the bidder. The bidder agrees that if there are any discrepancies or questions in the figures, the CITY will use the lower figure despite the bidder’s intent. The City reserves the right to reject any and all bids and to waive any irregularities.

Addendum(a) No(s). _______________ has/have been received and is/are included in this proposal.

The undersigned bidder declares that he has carefully examined the specifications and read the terms and conditions, and hereby proposes and agrees, if this bid is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth on this Bid Sheet.

THE CONTRACTOR IN SUBMITTING THIS BID MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY VOID YOUR BID.

Company Name:

Address:

Telephone #:

E-mail address:

Business License Number:

KONE, Inc. 179166 C-11 KONE Inc.
(714) 890-7080
[email protected]
1540 Scenic Avenue, Suite 100
Costa Mesa, CA 92626
00008723

14.B

Authorized Representative: (print)

Signature:

DIR Reg. No. & Contractor License No. Title:

Don Sterling
1000003806
Modernization Sales Consultant

14.B

V. REFERENCE SUBMITTAL FORM

Firm #1 – Name of Firm: _________________________________________________

Address of Firm: ________________________________________________________

Contact Person: ________________________ Phone No. _______________________

Email Address: ________________________ Amount of Project__________________

Date of Project: From _____________ To ____________________

Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

Firm #2 – Name of Firm: _________________________________________________

Address of Firm: ________________________________________________________

Contact Person: ________________________ Phone No. _______________________

Email Address: ________________________ Amount of Project ____________________

Date of Project: From _____________ To ____________________

Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

Firm #3 – Name of Firm: _________________________________________________

Address of Firm: ________________________________________________________

Contact Person: ________________________ Phone No. _______________________

Email Address: ________________________ Amount of Project ____________________

Date of Project: From _____________ To ____________________

Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

14.B

an EFSO
(Optic
PS
IV .BIDSHEETFORElevatorModernizationDATE09/26/2023
TOTHECITYOFHEMET,CALIFORNIABIDDER(FirmName)EnProElevator,Inc.Theundersignedherebyproposesandagreestofurnishanyandallmaterials,equipment,tools,labor,andservicesfortheSimpsonCenterElevatorModernizationspecifiedinSectionIIScopeofServices.Theundersignedbiddercertifiesthatthisproposalismadeingoodfaith,withoutcollusionorconnectionwithotherrsonornsbiddionthework.ElevatorModernization— SimpsonCenter $129955_0oElevatorModernization— HemetPublicLibraryFrontElevator$133,315.00Warrantyperiod1Year 4,200.00Warrantynal)Provideadetailcostbreakdownofequipmentandoptionsetc.SimonCenter:MaterialsandParts $52,125.00Labor $74,330.00AdditionalElectricalwork(ifneeded) $3.50000HemetPublicLibrary:MaterialsandParts $53,625.00Labor $76,190.00AdditionalElectricalwork(ifneeded $3,500.00Bidpricesshallbefirmfor6monthsfromdateofbidopeningtopermitstaffevaluation.Projectcompletiontime- 24Weeks

ITEM TOTALPRICE

14.B

/1
/1
EnProElevatorInc.C-111043744NameofCompanyasLicensedContractorLicenseNo.andClassSimpsonCenter:LUMPSUMBASEBID(inwordsandinfigures)$1291955-00(infigures)Onehundredtwentv-ninethousandninehundredfiftv-fivedollars&00 00(inwords)HemetPublicLibraryFrontElevator:LUMPSUMBASEBID(inwordsandinfigures)$133315-00(infigures)Onehundredthirty-threethousandthreehundredfifteendollars&00 00(inwords) Theaboveamountisthetotalamountbidfortheentirecontractworkincludingallapplicabletaxesandhourlyprevailingwagerates.Anyalteration,erasure,orchangemustbeclearlyindicatedandinitialedbythebidder.Thebidderagreesthatifthereareanydiscrepanciesorquestionsinthefigures,theCITYwillusethelowerfiguredespitethebidder’sintent.TheCityreservestherighttorejectanyandallbidsandtowaiveanyirregularities.

Addendum(a)No(s)3 has/havebeenreceivedandis/areincludedinthisproposal.

Theundersignedbidderdeclaresthathehascarefullyexaminedthespeci?cationsandreadthetermsandconditions,andherebyproposesandagrees,ifthisbidisaccepted,tofurnishallmaterialinaccordancewiththespeci?cationsandinstructions,inthetimeandmannerthereinprescribedfortheunitcostamountssetforthonthisBidSheet.THECONTRACTORINSUBMITTINGTHISBIDMUSTFILLINTHEFOLLOWINGINFORMATION.FAILURETODOSOMAYVOIDYOURBID.

CompanyName: Address:E 11312SuncoDriveEnProevator’Inc RanchoCordova,CA95742Telephone#:916-389-0823E-mailaddress: BusinessLicenseNumber:[email protected]

14.B

AuthorizedRepresentative:(print)Signature:KimHensonDIRReg.No.&ContractorLicenseNo.Title:P'°J'e°tAdmi“

14.B

Firm#1— NameofFirm:AddressofFirmContactPerson:EmailAddress:DateofProject:FromBriefDescriptionofProject Firm#2— NameofFirmAddressofFirmContactPerson:EmailAddress:DateofProject:FromBriefDescriptionofProject:

Firm#3— NameofFirm:AddressofFirm:ContactPersonEmailAddress:DateofProject:FromBriefDescriptionofProject:

V .REFERENCESUBMITTALFORM
PhoneNoAmountofProjectTo
PhoneNoAmountofProjectTo
PhoneNoAmountofProjectTo

14.B

MarkScottConstructionTomMistronMSCommercial,Inc.2835ContraCostaBlvd.PleasantHill,CA94523925-944-0502Proiect:WakefieldTaylorCourthouse725CourtStreetMartinez,CA94553StartDate:10/21/2019Completed:3/10/2022ContractS1,042,489.82 S+BJamesConstruction1450HalyardDrive#11AWestSacramento,CA95691916-290-8618Proiect:UCDHPointWestSpecialtyClinics1535RiverParkDriveSacramento,CA95815StateDate:03/25/2020Completed:11/10/2021ContractS228,840.95

PROJECTRESUME
EnProElevator,Inc.

MarkScottConstructionTomMistronMSCommercial,Inc.2835ContraCostaBlvd.PleasantHill,CA94523925-944-0502Proiect:WalnutCreekCourthouse640YgnacioValleyRoadWalnutCreek,CA94596StartDate:10/22/2020Completed:05/17/2021ContractS455,228.00 11312SuncoDr|RanchoCordova,CA|95742916-389-0823CA# NV#

14.B

L‘cs N -
de&?M)§Q¥)
VI.LOCALVENDORPREFERENCE
CITYOFHEMETLOCALBUSINESSPREFERENCEANDCERTIFICATIONREQUEST(Biddersrequestinga5%LocalBusinessPreferencemustenclosethisformintheBidPackage)NOTICETOALLBIDDERS:Section2-340oftheCityofHemetMunicipalCoderequiresthataLocalPreferencebegiventobidderswhoqualifyasalocalbusiness.A.Section2-340requiresqualifiedlocalvendorstobegivenpreferenceinbidevaluationandawardifaqualifiedlocalvendordoesnotmakethelowestpricedsubmission.AnyqualifiedlocalvendorthatmakesaresponsivesubmissionshallhavetheirsubmissionpricereducedbyfivepercentforthepurposesofcomparisontotheothersubmissionsreceivedbytheCityinmakingthedeterminationsrequiredbySection2-334through2-336.Ifwiththisfivepercentreductionaqualifyinglocalvendorwouldbeawardedthecontract,thequalifyinglocalvendorshallbegiventheopportunitytoamendtheirsubmissiontopricematchthetruelowestpricedsubmission.Ifthequalifyinglocalvendoragreestopricematchthenthecontractshallbeawardedtothelocalqualifyingbidder.B.Forpurposesofthissection,a“qualifiedlocalvendor”shallbedefinedas:1.Anindividual,partnershiporcorporationwhichhasfixedfacilitieswithemployeeslocatedwithinthecorporatelimitsoftheCity;andwhichisshownbytherecordsmaintainedbytheCity’sfinancedepartmentashavingsecuredallnecessarybusinesslicensesandashavingpaidallapplicablefeesandtaxesimposedbytheCity;2.Ithasabusinessstreetaddress(P.O.Boxorresidentialaddressshallnotsuf?cetoestablishalocalpreference);3.AllsalestaxforthepurchaseofgoodsmustbereportedtotheStatethroughabusinesswithinthegeographicboundariesoftheCityofHemet.C.Forpurposesofthissection,“preference"shallmeanthereductionfactorappliedtothebidofalocalvendorthatwillallowthelocalvendortoamendtheirsubmissionandpricematchthetruelowestpricedsubmission.IMPORTANTNOTICE(Readbeforesigning)THEUNDERSIGNEDHEREBYREQUESTSPREFERENCEASA“LOCALBUSINESS”.THE"LOCALBUSINESSPREFERENCEANDCERTIFICATIONREQUEST"MUSTBESIGNEDINTHESAMENAMESTYLEINWHICHTHEBIDDERISLICENSEDBYTHECITYOFHEMET.LegaiNameofBidde,-(5)EnProElevator,Inc.AddressofBidder11312Suncouriver<ancnoCordova,CA99/42BidderCityofHemetBusiness0.NA‘W'”°ma'”“P0”awardSignatureofAuthorizedBid

14.B

Description UOM QTY Unit Price Line Total Unit Price Line Total Comment Unit Price Line Total Simpson Center LS 1 $121,000.00 $121,000.00 $129,890.00 $129,890.00 Includes the related electrical work $129,955.00 $129,955.00 Public Library Front Elevator LS 1 $125,000.00 $125,000.00 $124,480.00 $124,480.00 Includes the related electrical work. $133,315.00 $133,315.00 $246,000.00 $254,370.00 $263,270.00
Extended Warranty Price LS 1 $0.00 $0.00 $4,320.00 $4,320.00 12 months warranty maintenance $4,200.00 $4,200.00 Subtotal $0.00 $4,320.00 $4,200.00
$246,000.00 $258,690.00 $267,470.00Price After Warranty Liftech Elevator Services KONE EnPro Elevator
Elevator Modernization Bids
Price Before Warranty

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GOODS AND SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND
LIFTECH ELEVATOR SERVICES, INC.

A CALIFORNIA CORPORATION

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GOODS AND SERVICES AGREEMENT

FOR ELEVATOR MODERNIZATION AT SIMPSON CENTER AND HEMET PUBLIC LIBRARY BETWEEN THE CITY OF HEMET AND LIFTECH ELEVATOR SERVICES, INC.

THIS GOODS AND SERVICES AGREEMENT (“Agreement”) is made and entered into this 25th day of October, 2023 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Liftech Elevator Services, Inc., a California corporation (“Vendor”). For the purposes of this Agreement City and Vendor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by Invitation for Bid to purchase from Vendor the materials, equipment and the performance of services defined and described particularly in Section 2, “Scope of Services” of this Agreement.

2. Vendor desires to perform and assume responsibility for the sale of certain materials, equipment and the performance of services required by the City on the terms and conditions set forth in this Agreement.

3. Vendor represents that it has the required competence and qualifications necessary for the satisfactory performance of the services required and to provide materials and equipment requested by the City.

4. The Parties desire to formalize the selection of Vendor to sell to City the materials, equipment and render such services as defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the term 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
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2024, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. Vendor shall provide all Goods (defined particularly below) and complete the Services (defined particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines.

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SECTION 2. SCOPE OF SERVICES
(a) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor 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 Vendor for the Services.
(b) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Goods”). Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.

SECTION 3. SCHEDULE OF PERFORMANCE
Vendor shall provide the Goods and/or Services expeditiously, within the Term of this Agreement, as set forth in Exhibit “C,” “Schedule of Performance.” Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.

SECTION 4. ADDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Vendor perform “Additional Work.” As used herein, “Additional Work” means any work which is determined by City to be necessary for the proper completion of the Goods and/or Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 27 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Goods and Services.

SECTION 5. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Vendor 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 One Hundred and Twenty-One Thousand Dollars ($121,000.00) for the Simpson Center, One hundred and Twenty-Five Thousand Dollars ($125,000.00) for the Hemet Public Library, for a grand total of Two Hundred and Forty-Six Thousand Dollars ($246,000.00) (“Not to Exceed Amount”), unless additional compensation is approved in writing in accordance with Section 27 “Administration and Implementation” or Section 28“Amendment” of this Agreement.
(b) Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Vendor.

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(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.” (d) If Additional Work is authorized, Vendor will be compensated at the same rates and manner as set forth in this Agreement.

SECTION 6. 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 and/or the goods provided. The invoices shall be delivered to City at the address set forth in Section 22, “Notices” hereof.
(b) Vendor shall at any time prior to the fifteenth (15 th) of any month, submit to City a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City, as detailed in (c) below. (c) In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly bases, for services performed pursuant to this Agreement. Each itemized statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, 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 subcontractor contracts.

Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 5(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 Vendor to determine whether the work performed/ good delivered 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 (d). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission. (d) Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within forty-five (45) days of receipt of Vendor’s correct and undisputed invoice. (e) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%)

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of the Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.

SECTION 7. INDEPENDENT CONTRACTOR
(a) Vendor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Vendor 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 providing the Goods and/or Services under this Agreement on behalf of Vendor shall at all times be under Vendor’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 Vendor or any of Vendor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Vendor, nor any of Vendor’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. Vendor expressly waives any claim Vendor may have to any such rights.

SECTION 8. ACCEPTANCE OF GOODS
(a) The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. Acceptance of any of the Goods by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.”
(b) If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

SECTION 9. ACCEPTANCE OF SERVICES
City may inspect and accept or reject any of Vendor’s work under this Agreement, either during performance of the Services or when Services are completed. City shall reject or finally accept Vendor’s work within sixty (60) days after submitted to City. City shall reject work by a timely

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written explanation, otherwise Vendor’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 Vendor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.” SECTION 10. CONTINUITY OF PERSONNEL
Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services. Vendor shall notify City of any changes in Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services prior to and during any such performance.

SECTION 11. STANDARD OF PERFORMANCE
Vendor represents and warrants that it has the qualifications, experience and facilities necessary to properly provide the Goods and/or Services required under this Agreement in a thorough, competent and professional manner. Vendor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Goods and/or Services. In meeting its obligations under this Agreement, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Vendor under this Agreement, and shall use such skill, prudence, and diligence as other members of Vendor’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 Vendor’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. WARRANTY OF GOODS
In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and

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hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

SECTION 13. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) Vendor 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. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. Vendor 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. Vendor represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the Goods and/or Services set forth in this Agreement and that such licenses are in good standing. Vendor 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 Vendor to comply with this section.
(b) Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).

Vendor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment,” which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.
(c) To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
i. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or

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additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s non-compliance with the laws, regulations and policies described in this section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. ii. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section.

Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.

SECTION 14. PREVAILING WAGE LAWS
(a) Vendor 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 “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is one-thousand dollars ($1,000) or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law. (b) Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Vendor shall maintain registration for the duration of this Agreement

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and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

SECTION 15. NONDISCRIMINATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Vendor and subcontractors 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.). Vendor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 16. SAFETY
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and lifesaving equipment and procedures; ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and iii. Adequate facilities for the proper inspection and maintenance of all safety measures.

SECTION 17. ACCOUNTING RECORDS
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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SECTION 18. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Goods and/or Services provided under this Agreement.

SECTION 19. INDEMNIFICATION
(a) To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Vendor or subcontractors), 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, the Goods and/or Services provided by Vendor, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. Vendor’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) Vendor 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 Vendor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor 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 Vendor and shall survive the termination of this Agreement and this section.

SECTION 20. INSURANCE
Vendor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “D” “Insurance” and made a part of this Agreement.

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requirements are subject to amendment or waiver if so approved in writing by the City Manager.

Vendor agrees to provide City with copies of required policies upon request.

SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Vendor. In the event such notice is given, Vendor shall cease immediately all work in progress.
(b) Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Vendor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor’s possession shall be returned to City. Vendor shall furnish to City a final invoice for work performed and expenses incurred by Vendor prepared as set forth in Section 6 “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 6 “Method of Payment and Invoicing” of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Vendor’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 Vendor 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 Vendor with written notice of the rescission, at which time Vendor would be required to resume performance in compliance with the terms and provisions of this Agreement. Vendor 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. 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 Vendor: Liftech Elevator Services, Inc.

Attn: Daniel Simon

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2897 Gardena Ave
Signal Hill, CA 90755
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 23. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 24. ASSIGNMENT
Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

SECTION 25. 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 Goods or Services shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 26. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Vendor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Vendor to the performance of its obligations hereunder.

SECTION 27. 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 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.

SECTION 28. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code.

All other amendments shall be approved by the City Council. The Parties agree that the

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requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. CONFLICTS OF INTEREST
(a) Vendor 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 Vendor’s ability to provide the Goods and/or Services. Vendor 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. Vendor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Vendor is, as of the date of execution of this Agreement, independently involved in providing non-related goods and/or services to other governmental agencies and private parties. Vendor 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 Vendor will, provide non-related goods and/or services for other governmental agencies and private parties following the completion of providing the Goods and/or Services under this Agreement. Any such future goods and/or services shall not be considered a conflict of interest for purposes of this section.

SECTION 30. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.

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

14.B

00092061.2
SECTION 33. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]

14.B

GOODS AND SERVICES AGREEMENT

FOR ELEVATOR MODERNIZATION AT SIMPSON CENTER AND HEMET PUBLIC LIBRARY BETWEEN THE CITY OF HEMET AND LIFTECH ELEVATOR SERVICES, INC.

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: ____________________________
VENDOR
By:

Its:

14.B

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

SCOPE OF SERVICES
Simpson Center Elevator:

Modernization to include:

1. Replacement of the existing proprietary elevator controller with a new Smartrise microprocessor controller.
· New H1 Microprocessor controller
· New hoist way leveling package.
· New machine room and hoist way electrical conduit, as needed. · New multi-wire car, hoist way and machine room wiring · New solid-state starter
· Phase I and II Fire Service and alternate fire floor · Reduce torque closing (door nudging)
· New access limit switch in hoist way per code

2. Installation of new battery lowering unit. In case of power outage, this unit will power the elevator to the main egress landing utilizing a battery backup power supply and open the doors to release any passengers.
*note – the installation of a battery powered lowering unit requires the addition of an auxiliary contact to the mainline disconnect in order to override the battery lowering unit when the power is shut off to the elevator at the mainlines. Modifications or upgrades of the mainline disconnect need to be completed by a licensed electrician and included in the full proposal.

3. Removal of the old hydraulic oil and dispose of it.

4. Installation of new Isolation ball valves in the pit and the machine room, along with new rupture valve to meet code.

5. Installation of new Victaulic fittings and feedline as required to integrate a new submersible tank unit with the existing oil feedline.

6. Installation of new submersible hydraulic pump unit. To include:
· Maxton valve
· Pump motor
· Muffler
· IMO pump
· Rubber Isolation
· Feedline as required to integrate new power units

7. Installation of new hydraulic oil and additive to new tank unit.

8. Installation of new cylinder head packing seal.

9. Installation of new steel eq. adapter plates.

10. Installation of new Elsco Model B adjustable roller guides.

11. Removal of the existing hoist way and car door operating equipment and install in its place new solid state G.A.L. door operating equipment.
· M.O.V.F.E. HH Harmonic heavy-duty solid-state master power operator.

14.B

· Single speed center opening car door track and hanger assemblies with 3 ¼” metallic rollers.
· “ANSI” zone lock car door clutch.
· New door closers (1 per floor)
· Type MO hatch door interlock along with new pick up assemblies (1 per floor) · Single speed center opening hoist way door track and hanger assemblies with 3 ¼” metallic rollers. (All floors)

12. Installation of a new single speed center opening car door finished in #4 brushed stainless steel.

13. Installation of a new single speed center opening hatch doors on all floors. Finish to be #4 brushed stainless steel.

14. Installation of a new upgraded, state of the art, Janus Panachrome+ infrared detector edge.

The Janus Panachrome+ detector edge comes complete with red and green indicators which operate on door movement to visually show opening and closing of the doors. Note: The Panachrome+ detector edge is an innovative solution that combines improved safety, enhanced aesthetics, and reduced maintenance costs via reduced door damage.

15. Car Operating Panel: Replacement with new mini-swing style ERM CA- 100 CBC fixture complete with digital PI, vandal resistant lighted mechanical pushbuttons raised 1/8”, Braille tags with threaded studs, passing chime, A.D.A. speakerphone, certificate holder, emergency light unit and engraved signage. Panel will include a service cabinet along with a fire service cabinet to contain Phase II fire recall switch. Panel will include a SmartView emergency communication system for the deaf and hard of hearing in order to allow for compliance with newly adopted CBC code. Cover plate shall be #4 brushed stainless steel.

16. Providing an in-cab voice annunciator which audibly annunciates the floor position of the elevator upon arrival at a floor.

17. Installation of one (1) new car directional indicator, complete with two (2) stroke gong.

Gong to strike once for the up direction and twice for the down, and install in car jamb. Cover plate shall be #4 brushed stainless steel.

18. Jamb Braille: Adding adhesive Braille plates to the hoist way jambs at each floor, two per opening. Plates shall be 4” square with 2” raised characters and raised Braille symbols. Finish shall be stainless steel with a black contrasting background.

19. Hall Call Stations: Replacing existing with new flush mounted vandal resistant fixtures, (1) at each floor. Fixtures to include LED vandal mechanical pushbuttons. Button model to be CA-100CBC by ERM. Cover plates will be finished in #4 brushed stainless steel. Main egress floor to include fire service key switch and engraved instructions. Terminal floors to be inclusive of new access key switches. All floors to include on/off lockout key switches in order to permit the hall stations to be locked out when desired.

20. Installation of new car top inspection station.

21. Installation of new Morrison exhaust fan.

22. Installation of new code compliant toe guard.

23. Cleaning and painting pit, car top, and machine room floor.

24. Performing the full load safety test on the hydraulic elevator(s) per the elevator code.

Exclusions:

14.B

1. All machine room/hoist way electrical, telephone, ethernet, sprinkler, general construction, and fire service compliance to be provided by others.

2. A new disconnect with auxiliary contacts made available will be installed by others if current disconnects do not meet code.

3. Fire service integration to be performed by others as required.

4. All cutting/coring/patching/fireproofing of concrete, stone, glass, millwork, and other finished wall surfaces to be performed by others.

5. Any underground conduit runs to be installed by others

6. Telephone and ethernet lines to be run to the machine room ending in a junction box at each controller are to be installed by others if not existing.

7. Code required pit ladders to be installed by others or at additional cost to our price, if not currently existing.

8. This bid excludes the installation of new electrical conduit between the elevator machine room and hoist way and is based upon the ability to pull the wiring through the existing underground conduit run. If new above ground conduit becomes required, a change order will be provided accordingly for the added scope of work.

9. A secure storage/staging area, close to the elevator equipment room and hoist way, is to be provided to Company for staging of new materials and tools needed to perform this scope of work.

10. Parking for two vehicles to be provided to Company as required for the installation crew.

Hemet Public Library Front Elevator:

Modernization to include:

1. Replacement of the existing proprietary elevator controller with a new Smartrise microprocessor controller.
· New H1 Microprocessor controller
· New hoist way leveling package.
· New machine room and hoist way electrical conduit, as needed. · New multi-wire car, hoist way and machine room wiring · New solid-state starter
· Phase I and II Fire Service and alternate fire floor · Reduce torque closing (door nudging)
· New access limit switch in hoist way per code

2. Installation of new battery lowering unit. In case of power outage, this unit will power the elevator to the main egress landing utilizing a battery backup power supply and open the doors to release any passengers.
*note – the installation of a battery powered lowering unit requires the addition of an auxiliary contact to the mainline disconnect in order to override the battery lowering unit when the power is shut off to the elevator at the mainlines. Modifications or upgrades of the mainline disconnect need to be completed by a licensed electrician and included in the full proposal.

3. Removal of the old hydraulic oil and dispose of it.

14.B

4. Installation of new Isolation ball valves in the pit and the machine room, along with new rupture valve to meet code.

5. Installation of new Victaulic fittings and feedline as required to integrate a new submersible tank unit with the existing oil feedline.

6. Installation of new submersible hydraulic pump unit. To Include:
· Maxton valve
· Pump motor
· Muffler
· IMO pump
· Rubber Isolation
· Feedline as required to integrate new power units

7. Installation of new hydraulic oil and additive to new tank unit.

8. Installation of new cylinder head packing seal.

9. Installation of new steel eq. adapter plates.

10. Installation of new Elsco Model B adjustable roller guides.

11. Removal of the existing hoist way and car door operating equipment and install in its place new solid state G.A.L. door operating equipment.
· M.O.V.F.E. HH Harmonic heavy-duty solid-state master power operator. · Single speed center opening car door track and hanger assemblies with 3 ¼” metallic rollers.
· “ANSI” zone lock car door clutch.
· New door closers (1 per floor)
· Type MO hatch door interlock along with new pick up assemblies (1 per floor) · Single speed center opening hoist way door track and hanger assemblies with 3 ¼” metallic rollers. (All floors)

12. Installation of a new single speed center opening car door finished in #4 brushed stainless steel.

13. Installation of a new upgraded, state of the art, Janus Panachrome+ infrared detector edge.

The Janus Panachrome+ detector edge comes complete with red and green indicators which operate on door movement to visually show opening and closing of the doors. Note: The Panachrome+ detector edge is an innovative solution that combines improved safety, enhanced aesthetics, and reduced maintenance costs via reduced door damage.

14. Car Operating Panel: Replacement with new mini-swing style ERM CA- 100 CBC fixture complete with digital PI, vandal resistant lighted mechanical pushbuttons raised 1/8”, Braille tags with threaded studs, passing chime, A.D.A. speakerphone, certificate holder, emergency light unit and engraved signage. Panel will include a service cabinet along with a fire service cabinet to contain Phase II fire recall switch. Panel will include a SmartView emergency communication system for the deaf and hard of hearing in order to allow for compliance with newly adopted CBC code. Cover plate shall be #4 brushed stainless steel.

15. Providing an in-cab voice annunciator which audibly annunciates the floor position of the elevator upon arrival at a floor.

14.B

16. Installation of one (1) new car directional indicator, complete with two (2) stroke gong.

Gong to strike once for the up direction and twice for the down, and install in car jamb. Cover plate shall be #4 brushed stainless steel.

17. Jamb Braille: Adding adhesive Braille plates to the hoist way jambs at each floor, two per opening. Plates shall be 4” square with 2” raised characters and raised Braille symbols. Finish shall be stainless steel with a black contrasting background.

18. Hall Call Stations: Replacing existing with new flush mounted vandal resistant fixtures, (1) at each floor. Fixtures to include LED vandal mechanical pushbuttons. Button model to be CA-100CBC by ERM. Cover plates will be finished in #4 brushed stainless steel. Main egress floor to include fire service key switch and engraved instructions. Terminal floors to be inclusive of new access key switches. All floors to include on/off lockout key switches in order to permit the hall stations to be locked out when desired.

19. Installation of new car top inspection station.

20. Installation of new Morrison exhaust fan.

21. Installation of new code compliant toe guard.

22. Cleaning and painting pit, car top, and machine room floor.

23. Performing the full load safety test on the hydraulic elevator(s) per the elevator code.

Exclusions:

1. All machine room/hoist way electrical, telephone, ethernet, sprinkler, general construction, and fire service compliance to be provided by others.

2. A new disconnect with auxiliary contacts made available will be installed by others if current disconnects do not meet code.

3. Fire service integration to be performed by others as required.

4. All cutting/coring/patching/fireproofing of concrete, stone, glass, millwork, and other finished wall surfaces to be performed by others.

5. Any underground conduit runs to be installed by others

6. Telephone and ethernet lines to be run to the machine room ending in a junction box at each controller are to be installed by others if not existing.

7. Code required pit ladders to be installed by others or at additional cost to our price, if not currently existing.

8. This bid excludes the installation of new electrical conduit between the elevator machine room and hoist way and is based upon the ability to pull the wiring through the existing underground conduit run. If new above ground conduit becomes required, a change order will be provided accordingly for the added scope of work.

9. A secure storage/staging area, close to the elevator equipment room and hoist way, is to be provided to Company for staging of new materials and tools needed to perform this scope of work.

10. Parking for two vehicles to be provided to Company as required for the installation crew.

Safety Requirements:

1. If the Contractor becomes negligent in furnishing warning and protective measures, the Public Works Director or his designee may direct attention to the existence of a hazard and the

14.B

necessary warning and protective measures shall be furnished and installed immediately by the Contractor at his expense.

2. Should the Public Works Director point out the inadequacy of warning and protective measures; such action on part of the Public Works Director shall not relieve the Contractor from his responsibility to provide all of the necessary safety devices.

3. Public Safety and Cooperation - All elevator modernization work shall be conducted in a manner as to cause the least possible interference or annoyance to others.

4. All fire hydrants, meter vaults, water and gas shut off valves and similar facilities must remain accessible during the course of work. Clear passage and least amount of inconvenience to public traffic ways, business and residences shall be maintained;

5. Noise levels, resulting from elevator modernization work operations, must be kept to the minimum at all times and must comply with any noise ordinance of the City of Hemet;

6. Operation of work equipment should take place between normal City business hours 7:00 a. m. and 5:00 p.m., Monday through Friday. No work is to be conducted on weekends or City recognized holidays unless prior written approval has been granted by the Public Works Director.

Damage to Public or Private Property:

1. No work shall be performed by the Contractor on private property without the express written approval of the property owner.

2. Should any structure or property be damaged during permitted or contracted repair operations the Contractor’s on duty supervisor conducting the work shall immediately contact the Public Works Director and the proper owners.

3. Repairs to property damaged by the Contractor shall be made in accordance with the appropriate building code under permits issued by the City.

4. Any damage caused by the Contractor shall be repaired or restored by the Contractor at their expense to a condition similar in a manner acceptable to the City.

Site Cleanup:

1. Cleanup of any debris resulting from any repair operations shall be promptly and properly accomplished.

2. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such manner as to result as a hazard to the public.

3. All debris from repair operations shall be cleaned up each day before the work crews leave the work site.

4. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of repair operations

14.B

Exhibit B - Compensation Page 1
EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed One Hundred and Twenty-One Thousand Dollars ($121,000.00) for the Simpson Center, One hundred and Twenty-Five Thousand Dollars ($125,000.00) for the Hemet Public Library, for a grand total of Two Hundred and Forty-Six Thousand Dollars ($246,000.00).

Simpson Center:

Parts & Materials - $55,000.00
Labor - $66,000.00
Hemet Public Library:

Parts & Materials - $59,000.00
Labor - $66,000.00

14.B

Exhibit C – Schedule of Performance Page 1
EXHIBIT “C”

SCHEDULE OF PERFORMANCE
Survey – 2 Weeks
Submittals – 2 Weeks
Equipment and Materials – 16 Weeks
Installation – 4 Weeks per elevator

14.B

Exhibit D – Insurance Page 1
EXHIBIT “D”

INSURANCE
(A)INSURANCE REQUIREMENTS. Vendor 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 Vendor, 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. Vendor shall provide the following scope and limits of insurance:

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

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Vendor 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. Vendor 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 Vendor 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. Vendor 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 Vendor 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. Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Vendor 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, Vendor 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

14.B

coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
•A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
•Pay on behalf of wording as opposed to reimbursement;
•Concurrency of effective dates with primary policies;
•Policies shall “follow form” to the underlying primary policies; and •Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Vendor 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 Vendor 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, Vendor shall furnish certificates and endorsements from each subcontractor identical to those Vendor 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 Vendor 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 Vendor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Vendor 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

14.B

Exhibit D – Insurance Page 1
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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.

14.B

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 24 2023
Department: Library
Submitted by: Mark Prestwich, City Manager
Kathye Caines, Senior Librarian;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City Of Hemet, California, Accept the 2023-24 Literacy Grant of $28,375 for Adult Literacy Provided by the Hemet Public Library and Authorize the Administrative Services Director to Increase General Fund Estimated Revenues by $10,375 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City Of Hemet, California, Accept the 2023-24 Literacy Grant of $28,375 for Adult Literacy Provided by the Hemet Public Library and Authorize the Administrative Services Director to Increase General Fund Estimated Revenues by $10,375.

BACKGROUND:

In 1984, the Hemet Public Library began providing adult literacy services to Hemet and surrounding communities. The Hemet Public Library Literacy Program supports 67 learners with eight active tutors. Interested tutor volunteers are always welcome to explore VolunteerMatch.org and apply through the City of Hemet's job portal for details about tutoring.

The California State Library has funded this program for $28,375 for fiscal year 2023-24. Funding will offset the cost of salary and benefits. The California State Library supports our Literacy program by providing ongoing training for Literacy Coordinators and Library Management.

ANALYSIS:

Communities with high literacy rates attract employers who have higher-paying jobs, lower crime rates, and increased property taxes as the median income improves.

DISCUSSION:

14.C

The Hemet Public Library Literacy program has produced learners who have gone on to college and several who have earned Associate degrees. Several learners have started businesses in the community, and many have been able to find jobs due to the life skills learned in the Adult Literacy Program. This program is a vital resource provided to the community, and the grant provided by the State secures the program's continuance. The following facts highlight the benefits of the program:

Across the Nation, more than 36 million adults in the United States cannot read, write, or do basic math above a third-grade level.
Low literacy rates end up costing Americans up to $2.2 trillion every year. Some $232 billion in annual healthcare costs are linked to low adult literacy skills.

1.5 million people with the lowest levels of literacy are incarcerated. A one percent increase in the high school completion rate of all men ages 20-60 would save the US as much as $1.4 billion per year in reduced costs from crime. A one percent increase in average literacy rates yields a 1.5 percent permanent increase in the GDP or a 2.3 billion dollar increase.
Forty-three percent of adults with the lowest literacy levels live in poverty. Sixty-one percent of low-income children have no books at home. California has the lowest literacy rate in the country, with 23% having little to no proficiency in reading skills.
36 % of Californians have a numeracy level that is at or below Level 1 or an elementary school reading level. https://libraryliteracy.org/about/need/. Many learners cannot fill out a job application, take a driver's permit test, or even read a bedtime story to their children.
Statistics show that in communities with higher literacy rates, crime rates drop, the economy improves, and the community has a higher quality of life. Learners work with volunteers one-on-one and have begun learning digital literacy skills, as most jobs require some digital knowledge.

PREVIOUS COUNCIL ACTION:

The Council approved the FY2021-22 Acceptance Grant for Adult Literacy on October 12, 2021.

The Council approved the FY2022-23 Acceptance Grant for Adult Literacy on October 25, 2022.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Increase Public Safety visibility and response. Statistics indicate that communities with higher literacy rates have lower crime rates.

GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

The proposed action aligns with Council adopted objective: Provide resources for new businesses to enhance the customer service experience. Provides community members with educational means to enhance their economic opportunities to find better paying jobs

14.C

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 adopted objective: Develop concepts and programs to enhance the quality of life services; and develop programs to offer support to the community's businesses.

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

The proposed action aligns with Council adopted objective: Operate in a financially sustainable manner; and evaluate existing practices to ensure continuity with industry best practices.

FISCAL IMPACT:

The FY23/24 Adopted Budget included estimated revenues of $18,000 in account 110-0569 (State Library Literacy Grant). Acceptance of the California Literacy Grant in the amount of $28,375 will result in an increase of General Fund revenues of $10,375.

ALTERNATIVE(S):

Alternatively, the City Council may reject the grant and suspend the Adult Literacy Program.

ATTACHMENT(S):

Attachment 1 Resolution Literacy Grant 2023
CLLS23-31_Hemet_LiteracyServicesGrant

14.C

CITY OF HEMET RESOLUTION NO. 2023-XXX 1
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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, ACCEPTING THE 2023-24
LITERACY GRANT OF $28,375 FOR ADULT LITERACY

PROVIDED BY THE HEMET PUBLIC LIBRARY AND

AUTHORIZING THE ADMINISTRATIVE SERVICES

DIRECTOR TO INCREASE GENERAL FUND ESTIMATED
REVENUES BY $10,375
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Hemet Public Library is a department of the City of Hemet (“City”) and is a recipient of an Adult Literacy Grant in the amount of $28,375 from the California State Library; and
WHEREAS, the Hemet Public Library provides Adult Literacy services to residents of Hemet and the San Jacinto Valley; and
WHEREAS, the Adult Literacy Grant from the California State Library provides funding for the Literacy Coordinator; and
WHEREAS, with better literacy rates, the City will have an opportunity to benefit from a stronger tax base and improve the quality of life for residents as residents are better equipped to find higher-paying jobs; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. The City of Hemet will accept a grant from the California State Library as funded by the State of California for the Sum of $28,375 for the Fiscal Year of 2023-24.

14.C

CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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SECTION 2. Direct the Administrative Services Director to increase General Fund estimated revenues by $10,375.

SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on October 24, 2023.

PASSED, APPROVED AND ADOPTED this 24th day of October, 2023.

14.C

CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED AND ADOPTED this 24th day of October, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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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 24th day of October, 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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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
September 11, 2023
Kathye Caines
Hemet Public Library
300 E. Latham Ave.

Hem
et, CA 92543
Dear Ms. Caines,
We’re pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community.

The state budget continues California Library Literacy Services funding at $4.82 million for adult literacy services and $2.5 million for family literacy services.

Your total award amount for the 2023-2024 fiscal year beginning July 1, 2023, is:
x Adult Literacy Services: $28,375
x Total Award: $28,375
Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your Adult Literacy Services Award:
x 90% of the Adult Literacy Award: $25,537
x Total Initial Award Amount: $25,537
Information about claiming the remainder of your award is included in the payment schedule at the end of your award packet.

Your funds must be encumbered by June 30, 2024, and fully expended, in accordance with your approved budget on file with the State Library, by December 31, 2024. Encumbered funds are those that have been deposited in the grantee’s accounting system and for which a budget has been provided to and approved by the State Library.

To ensure program expenditures are consistent with the California Library Literacy Services allowable expenses, please review the California Library DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Literacy Services Allowable and Unallowable Expenses guidelines. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at [email protected].

We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website.

The payment process begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached).

All forms should be completed and signed through DocuSign to be processed for payment.

Our library literacy staff are available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg,
[email protected], and your Grant Monitor Allyson Jeffredo, [email protected], with any questions.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Respectfully yours,
Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
Fiscal Office, [email protected]
Lea Ashworth, [email protected]
Enc: Re: CLLS23-31: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1 9/11/2023

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Hemet Public Library

THE BASICS – YOUR GRANT AWARD
The following provides basic information about your grant and managing your grant.

Award #: CLLS23-31
Library: Hemet Public Library
Total Award Amount: $28,375

APPROVED ALS BUDGET
Salary and Benefits $28,375
Contract Staff $ 0
Operations $ 0
Library Literacy Materials $ 0
Small Equipment $ 0
Equipment ($5,000 or more per unit) $ 0
Subtotal $28,375
Indirect $ 0
Grant Total $28,375

Start Date: Upon execution
End Date: June 30, 2024
Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:

Literacy Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected]
Library Programs Consultant: Beverly Schwartzberg
Phone Number: (916) 701-6880
Email Address: [email protected]
DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code.
300 E. Latham Ave., Hemet, CA 92543

SIGNED DATE
Signature - Authorized representative
Typed/Printed Name and Title of Authorized Representative Email address of authorized representative
DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1 City Manager
10/19/2023
[email protected]
Mark Prestwich

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Hemet Public Library

PROJECT INFORMATION:

Invoice #: CLLS23-31
Project Title: California Library Literacy Services
Grantee: Hemet Public Library
Funding Start Date: Upon execution
Term Completion: June 30, 2024
DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library

Total Award: $28,375
PAYMENT SCHEDULE:

Libraries receive 90% of their Adult Literacy Services award upon receipt of the award letter.

Libraries receive the final payment of their Adult Literacy Services award after successful completion of the CLLS Mid-Year Report form.

Note: Libraries have 18 months to spend their California Library Literacy Services award funds, from July 1, 2023, in which the funds are awarded until December 31 the following year.

Adult Literacy
Services
Total Allocation
Initial Payment $25,537 $25,537
Final Payment $2,838 $2,838
Total: $28,375 $28,375

REPORTING:

Libraries will be required to submit a mid-year financial and narrative report and a final report. Reminder emails will be sent out beginning six weeks before the required report is due.

All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below.

Mid-year Financial and Narrative
Report
Due January 31, 2024
Final Report Due September 30, 2024

Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31st.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

TABLE OF CONTENTS

PROJECT SUMMARY

2 PROCEDURES AND REQUIREMENTS
A.

Term of the Agreement 3
B.

Scope of Work
3 C.

Budget Detail
3 D.

Narrative and Financial Reports
4 E.

Claim Form and Payment

5 EXHIBIT A: TERMS AND CONDITIONS

7 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM
22 Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES

27 DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Hemet Public Library for the California Library Literacy Services project.

AWARD AGREEMENT NUMBER CLLS23-31
This Award Agreement (“Agreement”) is entered into on July 1, 2023, by and between the California State Library (“State Library”) and Hemet Public Library, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded California Library Literacy Services project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $28,375 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2023, and ends June 30, 2024. The project’s final expenditure date is December 31, 2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project's final encumbrance period ends on June 30, 2024, and all eligible program costs must be expended by December 31, 2024.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the California Library Literacy Services project.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
July 1 - December 31 Mid-Year Report Due January 31, 2024 July 1 – June 30 Final Report Due September 30, 2024

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the California Library Literacy Services project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees, or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

Hemet Public Library
Kathye Caines
300 E. Latham Ave.

Hemet, CA 92543
[email protected]
(951) 765-2447
California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
(916) 603-6709

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

12. Failure to Perform: The grant being utilized by the Grantee is to benefit the California Library Literacy Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments.

Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

19. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.

23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute, or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:

a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $28,375 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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California Library Literacy Services
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§11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non- discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).

Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications, or DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.

30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
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format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
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d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $25,537 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $2,838.

42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

EXHIBIT B: CERTIFICATION of COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $28,375. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.

15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1 [email protected] 951-593-2857
Kathye Caines
445 E. Florida Avenue, Hemet, CA 92543
Mark Prestwich
City of Hemet
[email protected]
10/19/2023
951-229-6652
City Manager

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Hemet Public Library
California Library Literacy Services
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Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHORIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:

Printed Name of Person Signing: Title: California State Librarian

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1 9/11/2023
Greg Lucas
City of Hemet
City Manager
445 E. Florida Avenue, Hemet, CA 92543
10/19/2023
Mark Prestwich

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Hemet Public Library
California Library Literacy Services
2023-2024 CLLS23-31

EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx

Mileage:

Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

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24 August 2023

RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine

Dear Grantee,

You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine- Executive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy- issues/financial-sanctions/sanctions-programs-and-country-information/ukraine- russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Annly Roman
California State Library
900 N Street
Sacramento, CA 95814

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

14.C

CALIFORNIA LIBRARY LITERACY AND ENGLISH ACQUISITION SERVICES

FINANCIAL CLAIM
1st PAYMENT

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By

(Signature of the Authorized Representative)

(Print Name) (Title)

*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

State of California, State Library Fiscal Office

ENY: 2023 ITEM NO: 6120-213-0001, Chapter 12, Statutes of 2023 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: N/A
By Date
(State Library Representative)
Grant Award #: CLLS23-31 Date:

Invoice #:

CLLS23-31-01 PO #:

6742
Payee Name: City of Hemet
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $25,537 Type of Payment:
(Payable Upon Execution of Agreement) ☒ PROGRESS
Grantee Name: Hemet Public Library ☐ FINAL (Name on Award Letter and Agreement) ☐ IN FULL
Project Title: California Library Literacy Services ☐ AUGMENT For Period From: upon execution to end of grant period
DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1 10/19/2023
445 E. Florida Avenue, Hemet, CA 92543
Mark Prestwich City Manager
10/19/2023

14.C

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRE SS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the s ole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ __
_ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ __
_ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No serv
ices performed in California
☐Copy of Fr
anchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITL E E-M AIL ADDRESS SI

GNATURE DATE TEL
EPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE U NIT/SECTION
M

AILING ADDRESS F
AX T
ELEPHONE (include area code)

CITY S TATE Z IP CODE E -MAIL ADDRESS
Print Form
Reset Form
DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1

Sacramento

916-603-7157

900 N Street

Admin/AccountingCa. State Library
CA 95814

[email protected]

14.C

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subjec t to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Si
ngle Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for t
he State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g. , services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the st ate provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com pliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. •
A
n estate is a resident if the decedent was a California resident at time of death. •
A
trust is a resident if at least one trustee is a California resident. o
F
or individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

F
or information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

W
ithholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] F
or hearing impaired with TDD, call: 1-800-822-6268 Website:
www.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signe e can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

DocuSign Envelope ID: 0E440761-E7F5-443D-97C6-6D15E64698C1Page 45 of 45

14.C

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 24 2023
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Eddie Pust, Police Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to enter into a five-year purchase contract with Axon Enterprises, Inc. from October 2023 through October 2027, for 15 TASER 7 Certification Bundles in the amount of $68,053.56 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, authorizing the City Manager to enter into a five-year purchase contract with Axon Enterprises, Inc. from October 2023 through October 2027, for 15 TASER 7 Certification Bundles in the amount of $68,053.56.

BACKGROUND:

The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved daily in numerous and varied interactions and, when warranted, may be required to use reasonable force in carrying out their duties. Hemet Police Officers have an understanding of, and a true appreciation for, their authority and limitations.

The Department recognizes and respects the value of all human life and dignity and as such, is committed to using only that force that is necessary to overcome resistance.

In the early 2000s, the Hemet Police Department recognized the Conducted Energy Weapons (CEW) produced by Axon International (then TASER International) were an important tool that could both de- escalate potentially violent conflicts and, when necessary, apprehend combative suspects in a manner that significantly reduced the potential for injury. For these reasons, the Hemet Police Department became the first law enforcement agency in Riverside County to equip each officer with a TASER CEW. Since their adoption at the Hemet Police Department, TASER CEWs have undoubtedly saved the lives of both police officers and citizens while eliminating the need for use-of- force incidents through de-escalation techniques.

ANALYSIS:

14.D

In the previous and current fiscal years, the Hemet City Council has approved a total of 15 additional sworn positions in the Hemet Police Department. Up until this point, the department has had sufficient CEW inventory to equip all sworn personnel. As recruitment efforts have intensified and the number of officers hired grows, the Police Department needs to expand its current CEW inventory so staff can issue a CEW to every sworn employee. The additional 15 TASER 7 Certification Bundles recommended for purchase will enable the department to continue to provide this valuable tool to every officer.

DISCUSSION:

The TASER 7 Certification Bundle contains all the necessary equipment and software to deploy TASER CEWs. This includes handles, battery packs, holsters, cartridges, charges, warranties, and all related hardware. In addition, the TASER 7 Certification Bundles come with 15 Evidence.com licenses. Evidence.com is the digital evidence storage platform utilized by the Hemet Police Department for all digital evidence and will soon enable the police department to file criminal cases with the Riverside District Attorney's Office electronically. The electronic filing of cases will not only save staff time by reducing the preparation of physical documents, it will reduce copy and fuel expenses as well.

The Hemet Police Department has two employees certified as master instructors by Axon International and two employees certified as end-user instructors. This allows the department to provide all necessary training and staff certification to utilize this equipment and analyze evidence provided by Axon International devices. These instructors also have the training to maintain and make minor repairs to all Axon products.

PREVIOUS COUNCIL ACTION:

Since the early 2000s, the Hemet City Council has authorized the purchase of TASER CEWs on multiple occasions.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

FISCAL IMPACT:

This contract with Axon International, Inc. is for five years, commencing October 2023 and ending October 2027. Each year is billed at a rate of $13,610.70, which includes all applicable taxes. The total cost of the contract is $68,053.56.

The first year of this contract will be funded through the Fiscal Year 2021-22 State's Citizens' Option for Public Safety (COPS) Allocation, which has a current unallocated balance of $131,440.90. In subsequent years, staff will attempt to allocate existing grant funding or identify new grant funding to

14.D

pay the annual fee. If grant funding is not identified during budget preparation, the Police Department will integrate the annual cost into its department budget.

Axon International, Inc. is the sole source for all TASER products.

ALTERNATIVE(S):

There are no alternative purchase options. If Council elects not to purchase the additional TASER 7 Certification Bundles the Hemet Police Department will field 15 sworn police officers without this tool.

ATTACHMENT(S):

Attachment 1 Resolution 20231024 15 TASER 7 Certification Bundles Attachment 2 Quote - CA - TASER 7 Certification 20231011 Attachment 3 Sole Source Justification Axon -Hemet 20231011

14.D

CITY OF HEMET RESOLUTION NO. 2023-XXX 1
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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, AUTHORIZING THE CITY

MANAGER TO ENTER INTO A FIVE-YEAR PURCHASE
CONTRACT WITH AXON ENTERPRISES, INC. FROM
OCTOBER 2023 THROUGH OCTOBER 2027 FOR 15
TASER 7 CERTIFICATION BUNDLES IN THE AMOUNT
OF $68,053.56
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community; and WHEREAS, Officers are involved on a daily basis in numerous and varied interactions and, when warranted, it may be required to use reasonable force in carrying out their duties; and
WHEREAS, Hemet Police Officers have an understanding of, and a true appreciation for, their authority and limitations. The Department recognizes and respects the value of all human life and dignity, and as such, is committed to using only that force that is necessary to overcome resistance; and WHEREAS, the Hemet Police Department recognized the Conducted Energy Weapons (CEW) produced by Axon International is an important tool that has the ability to both de-escalate potentially violent conflicts and, when necessary, apprehend combative suspects in a manner that greatly reduces the potential for injury; and WHEREAS, the Hemet Police Department has issued TASER CEWs to every sworn officer since the early 2000’s; and

14.D

CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, the City Council has added 15 new sworn police officer positions to the police department over the past two years.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. FINDINGS - The City Council agrees to enter into a five-year contract with Axon International, Inc. commencing October 2023 and ending October 2027 for 15 TASER 7 Certification Bundles to be billed at $13,610.70 per year with a five-year total not to exceed $68,053.56.

SECTION 2. DETERMINES – Funding for the first year of this contract be taken from the unallocated fund balance of the 21/22 State COPS grant with years two through five funded through future grants or incorporated into the Police Department's general fund budget requests.

SECTION 3. ORDERS - The City Council hereby Authorizes the City Manager to enter into a five-year purchase contract with Axon International, Inc. for 15 TASER 7 Certification Bundles.

SECTION 4. RESOLVES - This Resolution shall become effective on October 24, 2023.

14.D

CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED AND ADOPTED this 24th day of October, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

14.D

CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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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 24 th day of October, 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

14.D

Q-494675-45210.764KP
Issued: 10/11/2023
Quote Expiration: 11/14/2023
Estimated Contract Start Date: 11/15/2023
Account Number: 149220
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-450 E Latham Ave
450 E Latham Ave
Hemet,
CA
92543-4224
USA

Hemet Police Department - CA
450 E Latham Ave
Hemet
CA
92543-4224
USA
Email:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Cheyne Nicot
Phone: 951-663-6001
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $1,263.60 TOTAL COST $63,369.00
ESTIMATED TOTAL W/ TAX $68,053.56 TOTAL SAVINGS $6,318.00

Payment Summary
Date Subtotal Tax Total
Oct 2023 $12,673.80 $936.90 $13,610.70
Oct 2024 $12,673.80 $936.90 $13,610.70
Oct 2025 $12,673.80 $936.90 $13,610.70
Oct 2026 $12,673.80 $936.90 $13,610.70
Oct 2027 $12,673.80 $936.96 $13,610.76
Total $63,369.00 $4,684.56 $68,053.56
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

14.D

Quote Unbundled Price: $69,687.00
Quote List Price: $63,369.00
Quote Subtotal: $63,369.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
T7Cert TASER 7 Certification Bundle 15 60 $77.43 $70.41 $70.41 $63,369.00 $4,684.56 $68,053.56 Total $63,369.00 $4,684.56 $68,053.56

14.D

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
TASER 7 Certification Bundle 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 15 10/15/2023 TASER 7 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 18 10/15/2023 TASER 7 Certification Bundle 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 8 10/15/2023 TASER 7 Certification Bundle 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 7 10/15/2023 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 45 10/15/2023 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2023 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 45 10/15/2023 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2023 TASER 7 Certification Bundle 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 30 10/15/2023 TASER 7 Certification Bundle 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 30 10/15/2023 TASER 7 Certification Bundle 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 15 10/15/2023 TASER 7 Certification Bundle 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 15 10/15/2023 TASER 7 Certification Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 10/15/2023 TASER 7 Certification Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 10/15/2023 TASER 7 Certification Bundle 74200 TASER 6-BAY DOCK AND CORE 1 10/15/2023 TASER 7 Certification Bundle 80087 TASER TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 1 10/15/2023 TASER 7 Certification Bundle 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 10/15/2023 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2024 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2024 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2025 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2025 TASER 7 Certification Bundle 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 30 10/15/2025 TASER 7 Certification Bundle 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 30 10/15/2025 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2026 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2026 TASER 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2027 TASER 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 7 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 15 11/15/2023 11/14/2028 TASER 7 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 1 11/15/2023 11/14/2028 Services
Bundle Item Description QTY
TASER 7 Certification Bundle 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 15

14.D

Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 7 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 18 10/15/2024 11/14/2028 TASER 7 Certification Bundle 80395 EXT WARRANTY, TASER 7 HANDLE 15 10/15/2024 11/14/2028 TASER 7 Certification Bundle 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 10/15/2024 11/14/2028

14.D

Payment Details
Oct 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 T7Cert TASER 7 Certification Bundle 15 $12,673.80 $936.90 $13,610.70 Total $12,673.80 $936.90 $13,610.70
Oct 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 T7Cert TASER 7 Certification Bundle 15 $12,673.80 $936.90 $13,610.70 Total $12,673.80 $936.90 $13,610.70
Oct 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 T7Cert TASER 7 Certification Bundle 15 $12,673.80 $936.90 $13,610.70 Total $12,673.80 $936.90 $13,610.70
Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 T7Cert TASER 7 Certification Bundle 15 $12,673.80 $936.90 $13,610.70 Total $12,673.80 $936.90 $13,610.70
Oct 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 T7Cert TASER 7 Certification Bundle 15 $12,673.80 $936.96 $13,610.76 Total $12,673.80 $936.96 $13,610.76

14.D

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

14.D

\s1\ \d1\
Signature Date Signed
10/11/2023

14.D

Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 48.0 Page 1

10/11/2023
To: Hemet Police Dept.

Re: Sole Source Letter for Axon Enterprise, Inc.’s TASER Energy Weapons, Axon brand products, and Axon Evidence (Evidence.com) Data Management Solutions A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only manufactured and available for purchase from Axon Enterprise. Axon is also the sole distributor and retailer of all TASER brand products for the agency identified in this letter.

TASER Energy Weapon Descriptions

TASER 10 Energy Weapon
 Multi-shot energy weapon
 Detachable magazine holding 10 TASER 10 Cartridges
 45-foot (13.7-meter) range
 High-efficiency flashlight
 Green LASER sight
 Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.
 Weapon logs
 TASER Weapons Dock connected to Axon Evidence (Evidence.com) services  Onboard self-diagnostic and system status monitoring and reporting  Real-time clock updated when the battery pack is plugged into the TASER Weapons Dock
 Ambidextrous selector switch
 Can be configured by the agency to alert Axon camera systems  The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.
 Compatible with TASER 10 Cartridges only
TASER 7 Energy Weapon
 Multiple-shot energy weapon
 High-efficiency flashlight
 Close Quarter and Standoff cartridges
 Green LASER and dual red LASERs that adjust for cartridge angle  Arc switch enables drive-stun with or without a TASER 7 Cartridge installed  Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.
 Weapon logs

14.D

Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 48.0 Page 2  TASER Weapons Dock connected to Axon Evidence (Evidence.com) services  Onboard self-diagnostic and system status monitoring and reporting  Real-time clock updated when the battery pack is plugged into the TASER Weapons Dock
 Ambidextrous safety switch
 Can be configured by the agency to alert Axon camera systems  The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.
 Compatible with TASER 7 Cartridges only
TASER 7 CQ Energy Weapon
 Multiple-shot energy weapon for agencies that deploy energy weapons mostly at close quarters (CQ)
 High-efficiency flashlight
 Close Quarter cartridges
 Arc switch enables drive-stun with or without a TASER 7 Cartridge installed  Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.
 Weapon logs
 TASER Weapons Dock connected to Axon Evidence (Evidence.com) services  Onboard self-diagnostic and system status monitoring and reporting  Real-time clock updated when the battery pack is plugged into the TASER Weapons Dock
 Ambidextrous safety switch
 Can be configured by the agency to alert Axon camera systems  The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.
 Compatible with 12-degree TASER 7 Cartridges only
X2 Energy Weapon
 Multiple-shot energy weapon
 High efficiency flashlight
 Static dual LASERs (used for target acquisition)
 ARC switch enables drive-stun with or without a Smart Cartridge installed  Central Information Display (CID): Displays mission-critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow-on-black display
 The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services.  Real-time clock with back-up battery
 Onboard self-diagnostic and system status monitoring and reporting  Ambidextrous safety switch