Hemet City Council
December 12, 2023

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e aforesaid County,
RogerKallenbach
Andrew Kerslake

ACKNOWLEDGMENT FOR SURETY

STATE OF WASHINGTON )

COUNTY OF KING )
On this @ day of November .20 23 ,beforeme, , a notary publi c in and for the State of Washington, with principal of?ce in the County of King,residing therein, duly commissioned and sworn, personally appeared , known to me to be the person whose name is subscribed to the within instrument as the Attomey-in-Fact of Liberty Mutual Insurance Company surety in said instrument, and acknowledged to me that he subscribedthe name of said corporation thereto as surety, and his own name as Attomey-in-Fact.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my of?cial seal, at my 0 the day and year in this certi?cate first above written Notary Public
State of Washington ROGERKALTENBACH
‘COMM.#197618
Exp

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11/07/2023
____ejQ__[ ___T[state].

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Signature of Bliidér
Tank 1 Recoat BIDDER'SPROPOSAL (cont'd)
CIP No. 5758

NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODESECTION7106

NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:
i am the President of F.D. Thomas Inc. the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not ::!!:::i'-': :7 :5".::‘.~.. T51:_‘:i:!:‘.':r has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, oi of that of any other bidder. Allstatements contained the .!=i:!are t;‘:.=.'- Th.’ I35-73-‘Y-‘z’ 217-:;'-:1, r!f:'.-rt:-,.-.2:
3::-_!i:-_~J.§‘-,«, ~_;-L-:::E*.=.-_--.3 his or I‘:'.;'i’ “rice or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a ::!!::i‘.': or :.“.:r:‘.bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this det.ia.aLiu.. on 'uei...i.' of partnership, joint venture, limited liability company, limited liability parti‘.ei'sl'.ip, or arr,’ otlior entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I - I 4' - . . . .. .
., Lt r.-cl.-.-.-.v_n Luzon to Le \.-K/tr--_»:\euI\.4:v, -.:::-.:':.::;.-~::::.-i'Ly2.-5.pcijuzy ‘..:::uIt:lLia: Ia’.-asuf LIN:.;i.aLc Ul‘Caiifulllld LIIdCthe foregoing is true and correctandthat this declaration is executed on [date], at Vail city], Callforlna
11/07/2023
Date Signature of Bidder Date
Patrick Young, President Mike Kostenko, VP of Estimaitng Print name and title Print name and title
(If the Bidder is a corporation, two signatures ofcorporate officersare required.) r
r‘ ,/ / ’ 11/07,2325

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Date started:

February 2019
Contact
Name:

Thomas Marland
Acorn No. Derb
Reservoir cope
Tank 1 Recoat BlDDER'SPROPOSAL(cont’d)
CIP No. 5758
CONTRACT0R'S REFERENCELIST
Attach to this bid a list of ALLmunicipal or water agency projects in the past five (5) years on which the bidder and hissubcontractor(s) have constructed and completed or under construction projects with the same type (elements), size and complexity of work. The Agency Engineer wil l make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply a complete list and sufficient documentation of similar water well experience shall be considered grounds for a non-responsive bid and, at the Agency's discretion, said bid will be disqualified.

Project Name: Contract Price: Date Completed:

OCSD Clari?ersPlant 2 Scope: $6,617,729_28 Apri| 2021
General Coating
Municipality/Agency: Address: Phone Number#
Myers & Sons Construction Fountian Valley, CA (916)
_649_45O4
Project Name: Contract Price: Date started: Date Completed:
*;';g:..¥yV*g:;,§;es,2.:~;g:;gg:gveW $2,121,563.00 April 2020 December 2022 Municipality/Agency: Address: Contact Phone Nurnber#
Name:

Phoenix Civil Infrastructure San Luis Obispo. CA Tyjer purvis (480)-829-6333 Project Name: Contract Price: Date started: Date Completed:
1 y and Scenic S t b 2022
S :General Coating $2,595,599-O0 JUne 2020 ep em 9''
Municipality/Agency: Address: Contact Phone Number#
N :

Mountian Cascade, Inc Black Hawk.CA ame
Cameron Miller (925)-525-2827
Project Name: Contract Price: Date started: Date Completed:

Colgate Penstock Coating A t 2020
Scope: Metal Coating i__ $817’366'00 August 2019 ugus
Municipality/Agency: Address: Contact Phone Number#
- N :

Yuba Water Agency D°bb'“3- CA ame
(530)-741-5000
Andrea Armstrong

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Digest rs 10
Soope Gene
COB
ting
Date start
September
Contact
Name:

Zachary Ameson
Tank 1 Recoat
CIP No. 5758
Project Name: Contract Price:

Eastside Interceport Section
2 Rehab Phase ll Scope: Linabond $6~617s729-00
Municipality/Agency: Address:

Kiewit Infrastructure West. CO. Renton, WA
Project Name: Contract Price:

GWRS Unit 1 Pipeline Rehab
Scope: Prep and Painting $5'119’040'00
Municipality/Agency: Address:

Orange County Water District Inglewood, CA
Project Name: Contract Price
CRA Discharge Isolation Coupling
& Bulkhead Scope: General Coating $4’518’745'00
Municipality/Agency: Address:

JF Shea Company Parker Dam, CA
Project Name: Contract Price:
e and 11 ting Repairs $3'807,273_00
: ral Coa
Municipality/Agency: Address:

EBMUD Oakland, CA
Project Name: Contract Price:

Arcadian, Larkey & Rheem $110631730-00
Reservoirs Scope: General Coating
Municipality/Agency: Address:

Sierra Mountian Construction, Inc. Oak|and, CA
Duplicate this page as necessary to include all projects A1-10
B|DDER'S PROPOSAL (cont'd)
Date started: Date Completed:

March 2019 March 2021
Contact Name: Phone Number#
Dustin Lehman (907)'942'4317
Date started: Date Completed:

June 2018 February 2020
Contact Phone Number#
Name:

Cathy Skousen (714)'378'3292
Date started: Date Completed:

October 2019 January 2022
Contact Phone Number#
Name:

Mike Swank (909)-595-4397
Date started: Date Completed:

March 2018 September 2020
Contact Phone Number#
Name:

Don Kiang (510)-287-0454
ed: Date Completed:
2013 uly 2020
Phone Number#
415)-896-2859

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mages.
ject
project
Tank 1 Recoat BIDDER'SPROPOSAL(cont'd)
CIP No. 5758

CONTRACTORPERFORMANCES

1. At any time in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? Ifyes, explain on a separate signed page, identifying allsuch projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of Ii uidated da
YES NO\/

2. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? If "yes,” explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the ro and the basis for the action.

YES NO\/

3. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? If "yes,” explain on a separate signed page. Identify the year of the event, the owner, the and the basis for the finding by the public agency YES NO \/

4. At any time during the past five years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf, in connection with a construction project, either public or private? If ”yes,” explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved YES NO \/

5. At any time during the past five years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf, in connection with a construction project, either public or private? If ”yes,” explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of

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ved, descriptio
YES NO\/
page bing
Tank 1 Recoat BIDDER'SPROPOSAL(cont'd)
CIP No. 5758
resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved.

YES NO V

6. In the past five years has any claim against your firm concerning your firm’s work on a construction project been filed in court or arbitration? If "yes,” on separate signed sheets of paper identify the c|aim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resol a brief n of the resolution).

YES NO \/
7 Has CALOSHAcited and assessed penalties against your firm for any ”serious,” ’’willful’' or "repeat” violations of its safety or health regulations in the past five years? If "yes," attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. Ifthe citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issue state the case number and the date of the decision

8. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? If "yes," attach a separate signed descri each citation
YES NO \/
(Attach additional pages as necessary)

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Tank 1 Recoat
CIP No. 5758
Name of Subcontractor
and Location of Place
of Business
D2 Industrial
American Industrial
Welding &
Engineering
BIDDER'SPROPOSAL(cont’ d)

DESIGNATIONOF SUBCONTRACTORS
Description of Work Subcontractor’s
License No.

Scaffolding
CA 1035992
Mechanical Repairs
& Replacement 1076427
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)
DIRRegistration
Number
1000060703
PW-LFI1000569708

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F‘“Y kept
Tank 1 Recoat BIDDER'SPROPOSAL(cont'd)
CIP No. 5758

BIDDERCERTIFICATIONS

TO BEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 10, below.

STATEMENTOF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATIONOF WORKER'SCOMPENSATIONINSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the LaborCode Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the PublicWorks Agreement and Contract Documents.

CERTIFICATIONOF PREVAILINGWAGE RATESANDRECORDS
By my signature hereunder, as the Contractor, I certify that I amaware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding timely submission of wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and al l
subcontractors performing work under this Contract. Failure of contractor to keep and submit certified payroll records in the time frames required by law, comply with apprenticeship standards, or pay prevailing wages for any previous project shall be groun of bi d
disqualifications, at the Agency's discretion.

1. Has there been an occasion in the last five years in which your firm failed to keep or submit certified payroll records in the time frames required by law? If”yes,” attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees payroll records and time frames which certified .a roll records were not or submitted

YES NO V

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quire pav HE
Tank 1 Recoat BlDDER'SPROPOSAL(cont’d)
CIP No. 5758
2 Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm’s failure to comply with the state's prevailing wage laws? If”yes,” attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that were uired to m YES NO\/

3. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? If "yes,” attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were re clto alo with the amount of any penalty paid
YES NO\/

CERTIFICATIONOF COMPLIANCEWITHPUBLICWORKS CHAPTEROF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, Icertify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding nondiscrimination in employment will be complied with; and that the principal of equal opportunity in employment willbe demonstrated positively and aggressively.

CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, Iswear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled "Previous Disqua|ifications.” |f‘a statement of "Previous Disqua|ifications” is attached, please explain the circumstances.

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CA D|R# - 1000000093
/qmtiaéa
Tank 1 Recoat BlDDER'SPROPOSAL(cont'd)
CIP No. 5758

CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand’ that Owner wm uc:
relying on this certification ifit awards the Contract to the undersigned.

CERTIFICATIONREGARDINGDIRCONTRACTOR/ SUBCONTRACTOR REGISTRATIC-1 2*,’r:.*,' signature hereunder, as the Car. ‘actor, I certify the Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Contractor's .“:.,;i:t:.:ti::‘.nzsrnberis {please complete] . Subcontractors’ registration wsl-.——.--.... .—o!.—-l!__14.l!.. n- --»—
I
7§,...._....) I'IL......u....> u.C us unuu.uu.u nu uuu..uIIu:IIL uu ‘+3.1.’-I-.

BIDDER:
11/07/2023 11/07/2023
Signature of Date Signature of Bidder Date
Patrick Young, President Mike Kostenko. VP of Estimaitnci Print name and title Print name and title
(If the Bidder is a corporation, two signatures ofcorporate o?icersare required.)

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1 Project No. 5724

CONTRACTOR AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND
ELECNOR BELCO ELECTRIC, INC.

A CALIFORNIA CORPORATION
AGREEMENT # 2024-036

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2 Project No. 5724

CITY OF HEMET BID AND CONTRACT DOCUMENTS
CITY OF HEMET CONTRACTOR AGREEMENT # 2024-036
Citywide Traffic Signal Visibility Upgrade HSIPL-5186(019) – CIP 5724 This City of Hemet Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Hemet (“Agency”), and Elecnor Belco Electric, Inc. (“Contractor”) on the 13th day of December, 2023.

In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the Citywide Traffic Signal Visibility Upgrade HSIPL-5816(019) to be constructed at the various locations listed on pages 2 and 3 of the Notice Inviting Bids, in the City of Hemet, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

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3 Project No. 5724

3. TIME FOR PERFORMANCE
a) Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents. If Contractor
b) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Contractor shall notify the Agency in writing whenever it has reason to believe that the costs the Contractor expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Contractor shall provide the Agency a revised estimate of the total cost of performing this Agreement.

4. DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6-4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the provisions of Section 6-4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.

5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.

Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

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4 Project No. 5724
Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”). Contractor 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.

Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)

6. NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.

7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Hemet shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

8. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the

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5 Project No. 5724
result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties.

However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

9. CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.

10. INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.

Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s

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6 Project No. 5724
compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

11. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

12. PROJECT DOCUMENTATION
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs incurred, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.

Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
________ ________
(Contractor Initials) (Contractor Initials)

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7 Project No. 5724

14. INDEPENDENT CONTRACTOR
Contractor is and will at all times remain as to City a wholly independent contractor and shall not be an employee, agent, partner or joint venture of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.

15. LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Hemet Municipal Code.

16. GENERAL PROVISIONS
a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of City; which consent may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.

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8 Project No. 5724
f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside.

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9 Project No. 5724
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Hemet
By:

Mark Prestwich, City Manager
CONTRACTOR:

Elecnor Belco Electric, Inc.

By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk Contractor’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]

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EXHIBIT A

CONTRACT DOCUMENTS

1. City of Hemet Contractor Agreement

2. Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council

3. Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal

4. Bid Schedule(s)

5. Addenda and/or Bulletins

6. Plans

7. Special Provisions (Specifications)

8. General Conditions

9. General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented

10. State Standard Specifications

11. State Standard Plans

12. Permits issued by jurisdictional regulatory agencies

13. Electric, gas, telephone, and cable television company specifications and standards

14. Notice of Award

15. Notice to Proceed

16. Certificate(s) of Required Insurance and Worker’s Compensation Insurance

17. Security for Payment (Labor & Materials) and Performance

18. Escrow Agreement for Security Deposits in Lieu of Retention

19. If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.

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EXHIBIT B

CONTRACT PRICE
Not to Exceed Three Hundred and Twenty-Six Thousand Four Hundred and Eighty-Nine Dollars ($326,489.00)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services, and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

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EXHIBIT C

INSURANCE

1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Professional Liability $1,000,000 per occurrence/$2,000,000 general aggregate
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.

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4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

6. Professional Liability. For professional services including design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.

8. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.

9. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no crossliability exclusion precluding coverage for claims or suits by one insured against another.

Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

10. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to

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City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.

11. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

12. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

13. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.

14. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

15. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.

16. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Elecnor Belco Electric, Inc. as Principal, dated the 13th day of December, 2023 (the Contract), titled the City of Hemet Citywide Traffic Signal Visibility Upgrades - CIP 5724 in the amount of $326,489.00, which Contract is by this reference made a part hereof, for the work of the following Contract:

Citywide Traffic Signal Visibility Upgrades - CIP 5724

1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($326,489.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated December 13th, 2023 is in the amount of $326,489.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Elecnor Belco Electric, Inc. (Contractor), (Surety), CITY OF HEMET (Owner), or other
party shall be considered plural where applicable.

CONTRACTOR: SURETY:

Elecnor Belco Electric, Inc.

Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Citywide Traffic Signal Visibility Upgrades - CIP 5724, dated December 13th, 2023, in the amount of $326,489.00.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2 Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph

4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:

6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;

6.2 Contractor’s obligations to pay liquidated damages; and

6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

14. Definitions

14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.

14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.

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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).

14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

END OF DOCUMENT

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Dec 12 2023
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Fifth Amendment to the Agreement for Services Between the City of Hemet and Ace Weed Abatement Inc., Changing the Original Not to Exceed Amount of the Agreement from $42,300 Annually to $58,300 Annually and Authorizing the City Manager to Execute the Fifth Amendment to the Agreement with Ace Weed Abatement Inc
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 Fifth Amendment to the Agreement for Services between the City of Hemet and Ace Weed Abatement Inc., Changing the Original Contract Not to Exceed Amount from $42,300 annually to $58,300 Annually and Authorizing the City Manager to Execute the Fifth Amendment to the Agreement with Ace Weed Abatement Inc.

BACKGROUND:

Each summer, the spring growth caused by winter rains on undeveloped land within the city limits begins to dry out and become a fire hazard to the surrounding homes. In an effort to reduce the danger to lives and property, the City developed a weed abatement program.

Weed abatement procedures are governed by the provisions of California Government Code Sections 39560 et seq., in accordance with provisions of Sections 30-31 of the Hemet Municipal Code and Section 1103.2 of the Uniform Fire Code in order to mitigate fire hazards associated with combustible weeds, rubbish, and refuse. These provisions outline a procedure that requires notice to be given to landowners when a government entity, such as the City, seeks to compel landowners to clear their lands of weeds, rubbish, and refuse.

Certain areas within the City of Hemet are located within the Very High Fire Hazard Severity Zone (VHFSZ) as described by the California Department of Forestry and Fire Protection. These areas

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require a 100-foot clearance of combustible vegetation from structures. One of these areas is the City-owned property on the hill directly west of the Four-Seasons housing community.

ANALYSIS:

Weed abatement of City-owned property normally falls under the responsibility of Public Works. As a result, Public Works began an abatement of this area; however, due to the heavy rainfall over the winter and the steepness of the terrain, Public Works personnel lacked the equipment to complete the 100 foot clearance necessary.

At the direction of the City Manager, Public Works and Fire Prevention collaborated on solutions to address the matter. Inquiries to the City's contracted weed abatement provider revealed that they possessed the resources to complete the abatement quickly. As a result, the City Manager directed Fire Prevention to execute the abatement in the interest of safety towards the residents in the Four Seasons development.

DISCUSSION:

Due to the unforeseen threat posed by the vegetation in the VHFSZ within City-owned property and the large area to be abated, the costs exceeded the current contract amount of $42,300.

As a result, the parties now desire to amend the Agreement to increase the annual total not-toexceed amount to $58,300 to cover the $16,000 charge to mitigate the hazard.

PREVIOUS COUNCIL ACTION:

On September 21, 2020, the City of Hemet entered into an agreement with Weed Abatement Services, in which the contractor was to provide weed abatement services to the City, for a one-year period, for a total sum not to exceed forty-two thousand three hundred dollars ($42,300).

On November 17, 2021, the parties executed a First Amendment to Weed Abatement Services (“First Amendment”) that extended the term until June 30, 3023, with two (2) one (1) year options to extend.

On December 20, 2021, the parties executed a Second Amendment to Weed Abatement Services (“Second Amendment”) wherein they increased the total compensation, including reimbursement for actual and reasonable expenses, to an amount not to exceed fifty thousand dollars ($50,000).

On February 28, 2022, the parties executed a Third Amendment to Weed Abatement Services (“Third Amendment”) wherein they increased the total compensation, including reimbursement for actual and reasonable expenses, to an amount not to exceed forty-two thousand three hundred dollars ($42,300), annually.

On May 8, 2023, the parties executed a Fourth Amendment to Weed Abatement Services (“Fourth Amendment”) wherein they exercised the first of two (2) one (1) year options to extend the term.

STRATEGIC PLAN INTEGRATION:

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GOAL ONE: QUALITY OF LIFE:

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

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Develop concepts and programs to increase opportunities for youth recreation.

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

Objective 3: Develop programs to offer support to the community's businesses FISCAL IMPACT:

Sufficient ongoing appropriations exist for this contract. This item does not require supplemental appropriations under account 110-3225-2400.

ATTACHMENT(S):

Attachment 1 - Resolution Ace Weed Abatement Fifth Amendment Attachment 2 - Ace Weed Abatement - Fifth Amendment

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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, APPROVING THE FIFTH

AMENDMENT TO THE AGREEMENT FOR SERVICES

BETWEEN THE CITY OF HEMET AND ACE WEED
ABATEMENT INC., CHANGING THE ORIGINAL

CONTRACT PRICING FOR THE TERM OF THE
AGREEMENT FROM $42,300 FOR THE DURATION OF
THE CONTRACT TO $58,300 ANNUALLY AND

AUTHORIZE THE CITY MANAGER TO EXECUTE THE

FIFTH AMENDMENT TO THE AGREEMENT WITH ACE

WEED ABATEMENT INC
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, each summer, the spring growth caused by winter rains on undeveloped land within the city limits begins to dry out and become a fire hazard to the surrounding homes. In an effort to reduce the danger to lives and property, the City developed a weed abatement program; and
WHEREAS, weed abatement procedures are governed by the provisions of California Government Code Sections 39560 et seq., in accordance with provisions of Sections 30-31 of the Hemet Municipal Code and Section 1103.2 of the Uniform Fire Code in order to mitigate fire hazards associated with combustible weeds, rubbish, and refuse. These provisions outline a procedure that requires notice to be given to landowners when a government entity, such as the City, seeks to compel landowners to clear their lands of weeds, rubbish, and refuse; and
WHEREAS, certain areas within the City of Hemet are located within the Very High Fire Hazard Severity Zone (VHFSZ) as described by the California Department of

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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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Forestry and Fire Protection. These areas require a one-hundred-foot clearance of combustible vegetation from structures. One of these areas is the city-owned property on the hill directly west of the Four-Seasons housing community; and WHEREAS, weed abatement of city-owned property normally falls under the responsibility of Public Works. As a result, Public Works began an abatement of this area; however, due to the heavy rainfall over the winter and the steepness of the terrain, Public Works personnel lacked the equipment to complete the 100' clearance necessary; and
WHEREAS, at the direction of the City Manager, Public Works, and Fire Prevention collaborated on solutions to address the issue. Inquiries to the city's contracted weed abatement provider revealed that they possessed the resources to complete the abatement quickly. As a result, direction was given to Fire Prevention from the City Manager to execute the abatement in the interest of safety towards the residents in the Four-Seasons development; and
WHEREAS, due to the unforeseen threat posed by the vegetation in the VHFSZ within the city-owned property and the large area to be abated, the costs exceeded the current contract amount of $42,300; and
WHEREAS, as a result, the parties now desire to amend the Agreement to increase the annual total not to exceed amount to 58,300 to cover the $16,000 charge to mitigate the hazard.

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

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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1. City and Contractor entered in an agreement for Weed Abatement Services on September 21, 2020, (“Agreement”) pursuant to which the Contractor was to provide weed abatement services to the City, for a one-year period, for a total sum not to exceed forty-two thousand three hundred dollars ($42,300).

2. On November 17, 2021, the parties executed a First Amendment to Weed Abatement Services (“First Amendment”) that extended the term until June 30, 2023, with two (2) one (1) year options to extend.

3. On December 20, 2021, the parties executed a Second Amendment to Weed Abatement Services (“Second Amendment”) wherein they increased the total compensation, including reimbursement for actual and reasonable expenses, to an amount not to exceed fifty thousand dollars ($50,000).

4. On February 28, 2022, the parties executed a Third Amendment to Weed Abatement Services (“Third Amendment”) wherein they increased the total compensation, including reimbursement for actual and reasonable expenses, to an amount not to exceed forty-two thousand three hundred dollars ($42,300), annually.

5. On May 8, 2023, the parties executed a Fourth Amendment to Weed Abatement Services (“Fourth Amendment”) wherein they exercised the first of two (2) one (1) year options to extend the term.

6. The parties now desire to amend the Agreement to increase the total not to exceed amount to Fifty-Eight Thousand Three Hundred Dollars ($58,300) per City Fiscal year.

SECTION 2. - The City Council hereby authorizes and directs the City Manager to execute the attached Fifth Amendment to the Agreement for Services Between the City of Hemet and Ace Weed Abatement Inc., changing the Original Contract Pricing for

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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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the Term of the Agreement from $42,300 for the Duration of the Contract to $58,300 Annually.

PASSED, APPROVED AND ADOPTED this 12th day of December, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2023-XXX 5
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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 12 day of DECEMBER, 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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00091753.1

FIFTH AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
ACE WEED ABATEMENT, INC.

A CALIFORNIA CORPORATION
DATED: DECEMBER 12, 2023

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FIFTH AMENDMENT TO AGREEMENT
This Fifth Amendment to the Weed Abatement Services for Weed Abatement is made and entered into as of this 12th day of December, 2023, by and between the City of Hemet (“City”), a California municipal corporation and Ace Weed Abatement, Inc., a California corporation, (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Contractor entered in an agreement for Weed Abatement Services on September 21, 2020
(“Agreement”), pursuant to which the Contractor was to
provide weed abatement services to the City, for a one-year period, for a total sum not to exceed forty-two thousand three hundred dollars ($42,300).

B. On November 17, 2021, the parties executed a First
Amendment to Weed Abatement Services (“First
Amendment”) that extended the term until June 30, 3023, with two (2) one (1) year options to extend.

C. On December 20, 2021, the parties executed a Second
Amendment to Weed Abatement Services (“Second
Amendment”) wherein they increased the total
compensation, including reimbursement for actual and
reasonable expenses, to an amount not to exceed fifty
thousand dollars ($50,000).

D. On February 28, 2022, the parties executed a Third
Amendment to Weed Abatement Services (“Third
Amendment”) wherein they increased the total
compensation, including reimbursement for actual and
reasonable expenses, to an amount not exceed forty-two
thousand three hundred dollars ($42,300), annually.

E. On May 8, 2023, the parties executed a Fourth Amendment to Weed Abatement Services (“Fourth Amendment”)
wherein they exercised the first of two (2) one (1) year options to extend the term.

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E. The parties now desire to amend the Agreement to increase the total not to exceed amount to Fifty-Eight Thousand
Three Hundred Dollars ($58,300) per City Fiscal year.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and
amended as follows:

1.1 [COMPENSATION]. Section 4(A) of the
Agreement is hereby amended to increase the Not
to Exceed amount to Fifty-Eight Thousand Three
Hundred Dollars ($58,300) per City Fiscal year.

2. MANDATORY INVOICE INFORMATION/NOTICES.

Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount
specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services
rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

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3. REMAINDER UNCHANGED. Except as specifically
modified and amended in this Amendment, the Agreement
remains in full force and effect and binding upon the
Parties.

4. INTEGRATION. This Amendment consists of pages 1
through 3, inclusive, which constitute the entire
understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

5. SEVERABILITY. If any portion of this Amendment is
declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6. EFFECTIVE DATE. This Amendment shall not become
effective until the date it has been executed by the
appropriate authorities of the City and Consultant.

7. APPLICABLE LAW. The laws of the State of California
shall govern the interpretation and enforcement of this Amendment.

8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as
provided in the Agreement, unless expressly stated to the contrary in this Amendment.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

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CITY OF
HEMET
___________________________
Mark
Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTA
NT
By:

Its:

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Dec 12 2023
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Eddie Pust, Police Chief, Martha Martinez, Management Analyst; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution Accepting the 2023 Federal Justice Assistance Grant (JAG) in the Amount of $30,890, Authorizing approval of the MOU/Interlocal Fiscal Agent Agreement with Riverside County and Authorizing the City Manager to Execute the MOU Agreement on behalf of the City, and Authorizing the Administrative Services Director to Establish an Expenditure Account and Budget for the Grant Period in the Amount of $27,801 (Grant Amount less 10% paid to the Fiscal Agent) RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution accepting the 2023 Federal Justice Assistance Grant (JAG), in the amount of $30,890, Authorize approval of the MOU/Interlocal Fiscal Agent Agreement with Riverside County, and Authorizing the City Manager to Execute the MOU Agreement on behalf of the City, and Authorizing the Administrative Services Director to Establish an Expenditure Account and Budget for the Grant Period in the Amount of $27,801 (Grant Amount less the 10% paid to the Fiscal Agent).

BACKGROUND:

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The Federal Justice Assistance Grant allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own needs and conditions. The Hemet Police Department has submitted the annual sub-grantee application for the 2023 JAG Grant to the Fiscal Agent, Riverside County (Sheriff’s Department).

ANALYSIS:

The JAG Program – Local Solicitation is a one-time grant award that requires no local match funds.

The Police Department has determined that the most appropriate use of this grant is to partially fund the year five subscription of the Flock Safety Automated License Plate Reader (ALPR) Camera System.

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The ALPR Camera System automatically captures all license plate numbers that come into view, along with the location, date, time, and sometimes the drivers and passengers are included in the photographs. Information obtained can be used to help prevent and solve crimes.

The grant funds will cover the cost for just over 11 of the 47 ALPR cameras installed throughout the City. Fees for year five of the subscription will be due in late spring/early summer of 2024. Funds for the remaining cameras will be paid with the Supplemental Law Enforcement Services Account (SLESA) also known as the Citizens’ Option for Public Safety (COPS) allocation that is disbursed in monthly installments from the County of Riverside.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 3: Increase Public Safety visibility and response.

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

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:

No match is required and grant administration is handled as a collateral duty with existing personnel; therefore, there is no impact to the General Fund.

It has been determined that Hemet, along with 15 other cities and the County of Riverside, have been certified as disparate. The Riverside Sheriff’s Department, on behalf of Riverside County, agreed to be the Fiscal Agent (FA) and will be submitting the joint application for all 17 agencies within its jurisdiction. A disparate allocation occurs when multiple cities or municipalities are collectively allocated four times (400%) more than the county, and the county bears more than 50% of the collective costs associated with prosecution or incarceration of each municipality’s Part 1 violent crimes.

It was agreed upon by all of the cities that the FA would receive 10% of the award for administering the grant which is allowed under the JAG guidelines. A MOU regarding the FA agreement was signed by Riverside County's Board of Supervisors on November 7th and is attached for approval and signature.

The Administrative Services Director will establish revenue and expenditure appropriations for the grant period in Fund 232, Public Safety Grants.

Revenue:
$27,801 Account 232-0582
Expenditure:

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$27,801 Account 232-XXXX-2710 Professional/Specialized Services ATTACHMENT(S):

Attachment 1_ JAG23 Resolution
Attachment 2: JAG23 Application
Attachment 3: JAG23 Interlocal Agreement

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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

FEDERAL JUSTICE ASSISTANCE GRANT (JAG) IN THE
AMOUNT OF $30,890, AUTHORIZING THE

MOU/INTERLOCAL FISCAL AGENT AGREEMENT WITH

RIVERSIDE COUNTY AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT ON BEHALF

OF THE CITY, AND AUTHORIZING THE

ADMINISTRATIVE SERVICES DIRECTOR TO ESTABLISH

AN EXPENDITURE ACCOUNT AND BUDGET FOR THE
GRANT PERIOD IN THE AMOUNT OF $27,801 (GRANT
AMOUNT LESS 10% PAID TO THE FISCAL AGENT)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Fiscal Year 2023 Local Solicitation was released in August 2023. This program furthers the Department’s mission by assisting state, local, and tribal law enforcement efforts to prevent or reduce crime and violence; and WHEREAS, the Hemet Police Department submitted an application to the Fiscal Agent, Riverside County (Sheriff’s Department), for the year five subscription of the Flock Safety ALPR Camera System; and
WHEREAS, within the County of Riverside, there are a total of sixteen cities along with the County that have been certified as disparate jurisdictions for the FY2023 JAG funding. Riverside County (Sheriff’s Department) agreed to be the Fiscal Agent and will be submitting the joint application for all seventeen agencies. The

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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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required Memorandum of Understanding (MOU)/Interlocal Agreement requires a signature page from each of the agencies within the disparate group; and WHEREAS, the City Council has determined that it is necessary for the efficient management and operation of the Police Department that the Grant funds be appropriated to the Police Department budget.

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

SECTION 1. FINDINGS - That the City of Hemet accepts the 2023 JAG Grant, when awarded, in the amount of $30,890 and the terms of the Grant are hereby accepted.

SECTION 2. DETERMINES - That the MOU Agreement be approved and authorization given to the City Manager to sign and upon receipt of the award, the City Council authorized the Administrative Services Director to establish an expenditure account and budget for the grant performance period.

SECTION 3. RESOLVES - This Resolution shall become effective on December 12, 2023.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED, AND ADOPTED this 12th day of December, 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 12th day of December 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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PROPOSAL NARRATIVE – JAG FY23
The City of Hemet Police Department has determined the best use of the FY23 JAG Grant funds is to partially pay for a subscription renewal for Flock Safety ALPR Camera System. The grant funds will cover the costs for eleven plus of the forty cameras installed throughout the City.

Subscription renewal for the remaining twenty-eight plus cameras will be partially paid with the FY22/23 Supplemental Law Enforcement Services Account (SLESA) allocation that is disbursed in monthly installments from Riverside County. Subscription renewal and payment will be due in the spring/early summer of 2024.

An Automated License Plate Reader (ALPR) automatically captures all license plate numbers that come into view, along with the location, date, time, and sometimes the driver and passengers are included in the photographs.

City of Hemet Police Department initially installed 20 ALPR/Community Cameras in Spring of 2020. Since then, the Hemet Police Department has recovered over 300 stolen vehicles and arrested over 250 criminals. Investigators have also utilized this technology to successfully and safely attain leads that resulted in the arrest of murder suspects, narcotics dealers, and the recovery of human trafficking victims. In March of 2022, the City of Hemet Police Department got approval for the expansion of this project and an additional 20 cameras have since been installed.

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Hemet Police Department adopted a five-year strategic plan aimed at providing superior service and protection for the City’s residents, visitors, and workforce. Our intention is to fulfill our vision for community safety and pride and see “Hemet on the R.I.S.E.” - Reducing crime and the fear of crime to improve the quality of life and safety for community members, businesses, and visitors
- Inspire staff – We will recruit, develop and retain a workforce of community-focused professionals
- Smart Policing – Identify, develop and implement innovative and strategic technology, partnerships and funding to carry out our mission efficiently and effectively - Expand partnerships with the community and its leader to strengthen the public’s role in community safety and create long-term, collaborative solutions By renewing city-wide ALPR community camera system, we are aligning with strategic plan 1 - Reduce crime and the fear of crime as well as plan 3 - Smart Policing to improve crime prevention and apprehensions.

Since we are part of a joint (disparate) group, ten percent of our grant award will be used by our Fiscal Agent, Riverside County, for administrative costs.

Our agency will complete any and all required reports and other documents as requested by the Fiscal Agent to fulfill our obligation for this grant.

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BUDGET NARRATIVE – JAG FY23
The City of Hemet FY 2023 JAG allocation in the amount of $30,890 will be used to partially fund the subscription renewal costs of the ALPR/Community Cameras installed throughout the City. The price per year for each camera subscription is $2,500 so this grant will cover the cost of approximately 11.12 of the 40 camera subscriptions.

This expense for the subscription renewal of ALPR/Community Cameras falls under two JAG Project Identifiers:
• License Plate Readers
• Surveillance
Approximate Project Costs:

Other (ALPR/Comm Cameras): $27,801
Other (Fiscal Agent 10%): $ 3,089
TOTAL $30,890
City of Hemet UEI Number: 094715349

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A. Personnel
Name/Position Agency Computation Cost
Total Personnel $ -
B. Fringe Benefits
Name/Position Agency Computation Cost
Total Fringe Benefits $ -
C. Travel
Description Agency Computation Cost
Total Travel $ -
D. Equipment
Description Agency Computation Cost
Total Equipment $ -
E. Supplies
Description Agency Computation Cost
Total Supplies $ -
F. Consultants/Contracts
Description Agency Computation Cost
Total Consultants/Contracts $ -
G. Other
Description Agency Computation Cost
Flock Camera Subscriptions Renewal Hemet 11.12 X $2,500 $27,801.00 Fiscal Agent (10% of award) 10% of $30,890 $ 3,089.00
Total Other $30,890.00
A. Personnel $ -
B. Fringe Benefits $ -
C. Travel $ -
D. Equipment $ -
E. Supplies $ -
F. Consultants/Contracts $ -
G. Other $30,890.00
Total Project Costs $30,890.00
Agency Allocation $30,890.00
Variance $ -
Budget Summary
FY2023 JAG Grant
City of Hemet
Budget Detail Worksheet
Pay rate increases justification:

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 5

CITY OF BANNING, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 6

CITY OF BEAUMONT, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 7

CITY OF CATHEDRAL CITY, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 8

CITY OF COACHELLA, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 9

CITY OF CORONA, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 10

CITY OF DESERT HOT SPRINGS, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 11

CITY OF HEMET, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 12

CITY OF INDIO, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 13

CITY OF JURUPA VALLEY, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 14

CITY OF LAKE ELSINORE, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 15

CITY OF MENIFEE, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 16

CITY OF MORENO VALLEY, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 17

CITY OF PALM SPRINGS, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 18

CITY OF PERRIS, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 19

CITY OF RIVERSIDE, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 20

CITY OF TEMECULA, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Dec 12 2023
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tori Roberts, Administrative Services Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Consenting to the Assignment of Public Trust Advisors' Obligations Under the Professional Services Agreement, Between Public Trust Advisors and the City of Hemet, to Any Successor Entity to Public Trust Advisors Resulting From the Acquisition of a Controlling Ownership Interest in Public Trust Advisors by Flexpoint Ford and Authorizing the City Manager or His Designee to Execute Any Documents Related to the Consent RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve a Resolution of the City Council of the City of Hemet, California, Consenting to the Assignment of Public Trust Advisors' Obligations Under the Professional Services Agreement, Between Public Trust Advisors and the City of Hemet, to Any Successor Entity to Public Trust Advisors Resulting From the Acquisition of a Controlling Ownership Interest in Public Trust Advisors by Flexpoint Ford and Authorizing the City Manager or His Designee to Execute Any Documents Related to the Consent
BACKGROUND:

On March 9, 2021, Council approved an ordinance adding Division 6 to Article III to Chapter 2 of the Hemet Municipal Code related to the City Treasurer as well as a resolution delegating investment authority pursuant to Hemet Municipal Code Section 2-15. Council also directed the City Manager to solicit proposals for investment advisory services.

On March 10, 2021, Finance staff posted a Request for Proposals (RFP) on PlanetBids. The City received five (5) proposals. On July 13, 2021, Council approved Resolution No. 2021-068 and authorized the City Manager to execute a service agreement with Public Trust Advisors (PTA).

ANALYSIS:

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In 2019, PTA closed an agreement with Bear Creek Products 2019-2, LLP, whereby Bear Creek acquired a 42% noncontrolling ownership interest in the firm. This transaction provided PTA with a capital partner committed to the firm’s succession planning and certain capital-intensive strategic initiatives to better position PTA and the clients they serve.

In September 2023, the owners of PTA agreed to recapitalize the firm with a new strategic partner – Flexpoint Ford, LLC. Through the new strategic partnership, Flexpoint Ford will purchase a majority ownership in the firm, including the equity previously held by Bear Creek. PTA’s founders, together with key employees of the firm’s management team, will retain an equity interest in the firm of approximately 31%, further aligning them with the overarching goals of the firm.

Flexpoint Ford is a private equity investment firm that manages over $7.8 billion of assets under management and specializes in privately negotiated investments in the healthcare and financial services industries. In addition, asset management is one of Flexpoint Ford’s core competencies, leading to its interest in partnering with PTA. Founded in 2005, Flexpoint Ford employs more than 40 dedicated investment professionals and has invested in over 30 financial services businesses.

Flexpoint Ford’s strategy is predominantly focused on investing in successful founder-operated businesses to accelerate their growth and add additional services and products to better support their clients.

To move forward with this transaction, on September 18, 2023, the owners of PTA entered into a definitive agreement with an affiliate of Flexpoint Ford. Upon the satisfaction or waiver of customary closing conditions in the Purchase Agreement, PTA will become a wholly owned subsidiary of this affiliate, and, through their ownership of this new entity, PTA’s management and founders will continue to retain an indirect equity interest in PTA. Upon closing the Transaction, Bear Creek Products 2019-2, LLLP which currently maintains a non-controlling 42% equity ownership interest in the firm will no longer have an ownership interest in PTA. PTA's management and founders who currently hold an approximately 58% equity ownership interest in the firm will, together with additional key employees, own approximately 31% of PTA. It is anticipated that the remaining 69% of PTA’s equity interests will be owned by Flexpoint Ford funds and related entities. At this time, it is anticipated that each PTA founder and member of PTA's senior management will continue with the firm following the closing of the Transaction.

DISCUSSION:

Upon Closing, the Transaction will result in Flexpoint Ford’s acquisition of a controlling interest in PTA, as defined by the U.S. Securities and Exchange Commission. This change of control would constitute an "assignment” of the firm's investment advisory agreements within the meaning of the Investment Advisers Act of 1940. Such an assignment requires client consent for PTA to continue to perform services under its investment advisory agreements. Accordingly, PTA respectfully requests the consent of the City of Hemet.

PREVIOUS COUNCIL ACTION:

On March 9, 2021, Council approved an ordinance adding Division 6 to Article III to Chapter 2 of the Hemet Municipal Code related to the City Treasurer as well as a resolution delegating investment authority pursuant to Hemet Municipal Code Section 2-15.

On July 13, 2021, Council approved Resolution No. 2021-068 and authorized the City Manager to execute a service agreement with Public Trust Advisors.

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STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

FISCAL IMPACT:

No fiscal impact.

ALTERNATIVE(S):

Council may choose not to consent to the assignment of Public Trust Advisors' obligations under the professional services agreement and direct the City Manager to seek new investment advisory services.

ATTACHMENT(S):

Attachment 1: Resolution
Attachment 2: Letter of Consent
Attachment 3: CC_RESO_2021-068 Approving Investment Advisory Services Attachment 4: Professional Services Agreement with PTA 2021

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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, CONSENTING TO THE
ASSIGNMENT OF PUBLIC TRUST ADVISORS’

OBLIGATIONS UNDER THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN PUBLIC TRUST ADVISORS

AND THE CITY OF HEMET TO ANY SUCCESSOR ENTITY

TO PUBLIC TRUST ADVISORS RESULTING FROM THE

ACQUISITION OF A CONTROLLING OWNERSHIP

INTEREST IN PUBLIC TRUST ADVISORS BY FLEXPOINT

FORD AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE ANY DOCUMENTS RELATED

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

WHEREAS, on March 9, 2021, Council approved an ordinance adding Division 6 to Article III to Chapter 2 of the Hemet Municipal Code related to the City Treasurer as well as a resolution delegating investment authority pursuant to Hemet Municipal Code Section 2-15; and
WHEREAS, on July 13, 2021, Council approved Resolution No. 2021-068 and authorized the City Manager to execute a service agreement with Public Trust Advisors (PTA); and
WHEREAS, in September 2023, the owners of PTA agreed to recapitalize the firm with a new strategic partner – Flexpoint Ford, LLC. Through the new strategic partnership, Flexpoint Ford will purchase a majority ownership in the firm. PTA’s founders, together with key employees of the firm’s management team, will retain an

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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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equity interest in the firm of approximately 31%, further aligning them with the overarching goals of the firm; and
WHEREAS, to move forward with this transaction, on September 18, 2023, the owners of PTA entered into a definitive agreement with an affiliate of Flexpoint Ford.

Upon the satisfaction or waiver of customary closing conditions in the Purchase Agreement, PTA will become a wholly owned subsidiary of this affiliate, and, through their ownership of this new entity, PTA’s management and founders will continue to retain an indirect equity interest in PTA; and
WHEREAS, upon closing, the transaction will result in Flexpoint Ford’s acquisition of a controlling interest in PTA, as defined by the U.S. Securities and Exchange Commission. This change of control would constitute an "assignment” of the firm's investment advisory agreements within the meaning of the Investment Advisers Act of 1940. Such an assignment requires client consent for PTA to continue to perform services under its investment advisory agreements. Accordingly, PTA respectfully requests the consent of the City of Hemet.

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

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. DETERMINES – Consents to the assignment of Public Trust Advisor’s obligations under the professional services agreement, between Public Trust Advisors and the City of Hemet, to any successor entity to Public Trust Advisors

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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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resulting from the acquisition of a controlling ownership interest in Public Trust Advisors by Flexpoint Ford.

SECTION 3. ORDERS – Authorizes the City Manager to execute all documents related to the consent.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on December 12, 2023.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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PASSED, APPROVED AND ADOPTED this 12th day of December, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2023-XXX 5
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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 12th day of December, 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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26213775.2
November 1, 2023
City of Hemet
c/o Tori Roberts
445 E. Florida Ave.

Hemet, CA 92543
Dear Ms. Roberts:

In September 2023, the owners of Public Trust Advisors, LLC (“Public Trust” or the “firm”) agreed to recapitalize the firm with a new strategic partner – Flexpoint Ford, LLC (“Flexpoint Ford”). Flexpoint Ford is committed to helping Public Trust develop and offer new products and services to more completely serve the firm’s clients nationwide.

In 2019, Public Trust closed an agreement with Bear Creek Products 2019-2 (PTA-E), LLLP (“Bear Creek”) whereby Bear Creek acquired a 42% noncontrolling ownership interest in the firm. This transaction provided Public Trust with a capital partner committed to the firm’s succession planning and certain capital-intensive strategic initiatives to better position Public Trust and the clients we serve. As summarized below, through the new strategic partnership, Flexpoint Ford will purchase a majority ownership in the firm, including the equity previously held by Bear Creek. Public Trust’s founders, together with key employees of the firm’s management team, will retain an equity interest in the firm of approximately 31%, further aligning them with the overarching goals of the firm.

Flexpoint Ford is a private equity investment firm that manages over $7.8 billion of assets under management and specializes in privately negotiated investments in the healthcare and financial services industries. In addition, asset management is one of Flexpoint Ford’s core competencies, leading to its interest in partnering with Public Trust. Founded in 2005, Flexpoint Ford employs more than 40 dedicated investment professionals and has invested in over 30 financial services businesses. Flexpoint Ford’s strategy is predominantly focused on investing in successful founder-operated businesses to accelerate their growth and add additional services and products to better support their clients. Our hope is that this new partnership will allow Public Trust to offer the City of Hemet more and better services over the coming years.

To move forward with this transaction, on September 18, 2023, the owners of

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26213775.2
Public Trust entered into a definitive agreement with an affiliate of Flexpoint Ford (the “Purchase Agreement”). Upon the satisfaction or waiver of customary closing conditions in the Purchase Agreement, Public Trust will become a wholly owned subsidiary of this affiliate, and, through their ownership of this new entity, Public Trust’s management and founders will continue to retain an indirect equity interest in Public Trust (such sale and contribution is referred to as the “Transaction”). Upon closing the Transaction, Bear Creek Products 2019-2 (PTA-E), LLLP which currently maintains a non-controlling 42% equity ownership interest in the firm will no longer have an ownership interest in Public Trust. Public Trust’s management and founders who currently hold an approximately 58% equity ownership interest in the firm will, together with additional key employees, own approximately 31% of Public Trust. It is anticipated that the remaining 69% of Public Trust’s equity interests will be owned by Flexpoint Ford funds and related entities. At this time, it is anticipated that each Public Trust founder and member of Public Trust’s senior management will continue with the firm following the closing of the Transaction.

Certain other Public Trust employees will be offered the opportunity to acquire equity interests, but it is not expected that any such acquisition would materially change the relative concentration of Flexpoint Ford’s ownership of Public Trust.

Upon Closing, the Transaction will result in Flexpoint Ford’s acquisition of a controlling interest in Public Trust, as defined by the U.S. Securities and Exchange Commission. This change of control would constitute an "assignment”, of the firm's investment advisory agreements within the meaning of the Investment Advisers Act of 1940. Such an assignment requires client consent for Public Trust to continue to perform services under its investment advisory agreements. Accordingly, Public Trust respectfully requests the consent of the City of Hemet.

In addition to retaining an ownership interest in Public Trust upon consummation of the Transaction, the founders of Public Trust will have representation on the board of managers of a parent entity for Public Trust, along with specified governance rights.

Under the post-Transaction operating agreement of Public Trust, Flexpoint Ford may have the right to acquire the equity interests of the other owners of the business under certain circumstances (including such owner’s retirement, death or disability or violation of certain applicable restrictive covenants). In the event of the exercise of such right, Flexpoint Ford’s proportional ownership will increase above the 69% held as of the closing of the Transaction.

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26213775.2
Obtaining your consent is among the conditions that are required to be satisfied to close the Transaction. Members of the Public Trust management team will be reaching out to you personally to answer any questions you may have regarding your consent to the Transaction. We value our relationship with you, and we sincerely believe that our partnership with Flexpoint Ford will greatly benefit the firm and its clients for years to come.

Thank you.

Very truly yours,
l
Todd W. Alton, Chief Executive Officer
CC: Public Trust Advisors Founders; R.

Palomba, T. Jordan, T. Tight, C. DeBow, J.

Grady

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26213775.2
Client Consent
In connection with the acquisition of a controlling ownership interest in Public Trust Advisors, LLC ("Public Trust Advisors") by Flexpoint Ford, LLC ("Flexpoint Ford"), as described in the foregoing letter from Public Trust Advisors, the undersigned authorized representative of the City of Hemet hereby consents to the assignment of Public Trust Advisors' obligations under the Professional Services Agreement (the "Agreement"), between Public Trust Advisors and the City of Hemet, to any successor entity to Public Trust Advisors resulting from the acquisition of a controlling ownership interest in Public Trust Advisors by Flexpoint Ford.

Signature
Printed Name
Entity Name
Date

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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2021- 068
F.11 N 4* 01 lilt III Eelo
rIN 6*01 W& JA Zkyj 01 ZZ1111 = rAl• i
The City Council of the City of Hemet ( hereafter referred to as the "City Council") does resolve as follows:

WHEREAS, On March 9, 2021, Council approved an Ordinance adding Division 6 to Article III to Chapter 2 of the Hemet Municipal Code Related to the City Treasurer as well as a Resolution Delegating Investment Authority Pursuant to Hemet Municipal Code Section 2- 15; and
WHEREAS, Council • directed - City Managerto solicit proposals f• Investment Advisory Services; a•
WHEREAS, On March 10, 2021, Finance Staff posted a Request for Proposals RFP) on PlanetSids with a due date of April 8, 2021. The City received 5 proposals Attachment A); and
r, I'AEREAS, The City currently has approximately $ 128 million in pooled cash balances for all City Funds including the General Fund.; and WHEREAS, In order t• maintain adequate . balances -
obligations throughout the Fiscal Year, Investment Advisory Firm shall follow the

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:

SECTION 1. That the City hire an Asset Management Firm for Investment Advisory Services.

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28 SECTION 2. The City Manager is authorized to execute the Service Agreement in Support of these services with selected Firm.
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ST:

John P16ul Maier, City Clerk
CITY COUNCIL RESOLUTION NO. 2021- 068
Karlee Meyer, Mayor

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1 State of California
2 County of Riverside
City of Hemet
3 4 1, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the 5 foregoing resolution was adopted by the Hemet City Council on the 13th day of July 6 2021, and was passed by the following vote:
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AYES: Council Members: Brown, Krupa, Mayor Pro Tern Lilienthal, and Mayor Meyer
9 NOES: Council Members: None.

ABSTAIN: Council Members: None.
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14 John.raul Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2021- 068 Page 15 of 40

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PROFESSIONAL SERVICES AGREEMENT
By and Between

THE CITY OF HEMET,
a California municipal corporation
and

PUBLIC TRUST ADVISORS, LLC
DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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PROFESSIONAL SERVICES AGREEMENMT

BETWEEN THE CITY OF HEMET, CALIFORNIA AND PUBLIC TRUST ADVISORS, LLC
This Professional Services Agreement (“Agreement”) is entered into as of this 5 th
day of October, 2021 by and between the City of Hemet, a California municipal corporation (“City”) and Public Trust Advisors, LLC, an Investment Advisory Firm (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought by Request for Proposals (RFP) the performance of the Investment Advisory Services defined and described particularly in Section 2 of this Agreement.

B. Contractor was selected by the City to perform those services.

C. Contractor was selected by the City on the basis of Contractor’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Hemet’s Municipal Code, City has authority to enter into this Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for 12 months commencing on the date first ascribed above. Agreement will automatically renew for an additional year over a total of five years if the City does not terminate at least 60 days prior to the anniversary. (b) The City may, in its sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4.

DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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(c) Contractor acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Contractor for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibits “A” and “D”. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the monthly rates stated in Exhibit “B” “Compensation” unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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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 Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice.
(d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement.

Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement, and shall use such skill, prudence, and diligence as other members of Contractor’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractors work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor 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. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.

It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City 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 Contractor will, perform nonrelated services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) Indemnification by Contractor. As provided under Civil Code Section 2782.8, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, its officers, agents, employees or sub-consultants (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other Contractors, and Contractor, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.

Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Contractor’s duty to defend shall not apply if DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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there is a project-specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all Contractors involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Sub-consultants. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, sub-contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

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SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving sixty (60) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) City may suspend all or any portion of Contractor’s performance under this Contract at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days’ written notice to Contractor of such suspension. City will pay to Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension.

City may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement.

Contractor will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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thirty (30) days, but may be extended, though not reduced, if circumstances warrant.

During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section

20. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
To Contractor: Public Trust Advisors, LLC
550 S Hope St, Suite 560
Los Angeles, CA 90071
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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C," is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

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

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

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PROFESSIONAL SERVICES AGREEMENMT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND TODD HANNA, M.D. APC IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET
___________________________
Christopher Lopez
City Manager
ATTEST:

CITY CLERK
___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
____________________________

SERVICE PROVIDER
By:

Its:

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EXHIBIT "A"

SCOPE OF SERVICES
The overall scope of services is to provide investment advisory services for the City’s approximately $90 million investment portfolio. The City’s primary investment objectives are to maximize rate of return on public funds while minimizing all potential losses arising from investing activities such as market changes or an issuer default. Although the generation of revenues through earnings on investments is a primary goal, capital preservation in the overall portfolio and maintaining required liquidity are equally important consideration in making investing decisions. The City shall invest public funds in such manner as to comply with state and local law, and meet the objectives of the Investment Policy, in priority order of Safety, Liquidity and Return on Investment.

Selected firms shall provide qualified personnel for services that may include, but are not limited, to the following:

1. Develop and implement sound investment strategies, which will maximize the portfolio’s performance within the parameters of the City’s current Investment Policy and California codes.

2. Assume the management of the City’s investment portfolio.

3. Provide technical and fundamental market research, including yield curve analysis.

4. Assist the City with cash flow/maturity analysis.

5. Provide credit analysis of investment instruments in portfolio.

6. Provide monthly/quarterly/annually reporting. These reports will cover a range including but not limited to: local, national economy, the City’s portfolio holdings, composition and sector analysis, return, weight average maturity, duration, performance objectives, and policy compliance.

7. Attend selected quarterly meetings with staff, as well as Finance Committee and City Council meetings as requested.

8. Evaluate market risk and develop strategies that minimize the impact on the portfolio.

9. Provide assurance of portfolio compliance with applicable policies and laws.

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10. Establish an appropriate performance benchmark as part of reporting requirements.

11. Review investment policy annually and recommend appropriate amendments.

12. Monitor the creditworthiness of financial institutions and the investments in the portfolio.

13. Perform due diligence reviews of current and proposed broker / dealers.

14. Firm shall not have custody or possession of the funds/securities that the City has placed under its management. The City has retained a custodian to take and have possession of its invested assets.

15. Provide authorized City staff with online access to the City’s current investment account.

16. Assist with annual audit inquiries and reporting.

A summary of the City’s FY2020-21 adopted budget is as follows:
 Total Expenditures Budget: $90 million all funds / $52 million General Fund / $35 million Capital Projects
 Total Revenues Budget: $95 million all funds / $52 million General Fund  Number of employees: 287.1 FTEs. The City’s total expected payroll for the fiscal year ending June 30, 2021 is approximately $51 million.

More detail information on the City and its finances can be found in the City’s FY2020-21 Adopted Budget document which is located on the City’s website at http://hemetca.gov/
The City receives grants from various programs, such as Community Development Block Grant (CDBG) from HUD, State COPS Allocations, and the Federal Justice Assistance Grant (JAG). The City also receives allocations of Riverside County Transportation Commission (Measure A) Sales Tax revenue.

The use of these monies are restricted to each respective program requirements.

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The City uses the following fund types in its financial reporting:

Fund Types Number of Funds
in System
General Fund 1
Special Revenue Funds 30
Capital Projects Funds 22
Internal Service Funds 11
Fiduciary Funds 1
Debt Service Funds 2
The Finance Department consists of two divisions – Finance and Utility Billing – and are overseen by the Finance Director. The Finance Department consists of a Manager, a Supervisor, one Principal Accountant, one Accountant, one Management Analyst, 6 Accounting Technicians, a Procurement Administrator and a Payroll Specialist. The Finance Department is responsible for many aspects of City operations; including Accounts Receivable, Accounts Payable, Audit, Budget Development, Cash Receipts, Debt Administration, Grant Administration, Payroll, Financial Planning, Financial Reporting, and Purchasing.

The City uses Tyler Technologies/Eden finance system. The City utilizes it fully to process cash receipts, accounts receivable, accounts payable, purchasing, contract management, payroll, personnel, financial reporting, utility billing and administer the operating and capital budget through project accounting. Pooled cash accounting is used to consolidate all cash and investment balances.

Official accounting records are on-site in the Finance Department, while some supporting information may be located in other departments within the City.

The City of Hemet does not currently contract with Investment Advisement services.

The City has retained Bank of New York Mellon as its custodian/safekeeping agent to take and have possession of its invested assets.

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EXHIBIT "B"

COMPENSATION
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EXHIBIT "C"

INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Contractor shall maintain professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of professional liability insurance no less than $1,000,000 per occurrence.

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 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

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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 Contractor 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 Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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EXHIBIT “D”

INCLUSIONS
Investment Manager Services:
(a) Subject to and in compliance with the Investment Policy Statement, Investment Manager, commencing on the Effective Date, shall, on a non-discretionary basis, use its “best efforts” to direct and make recommendations regarding the assets in the Account but will only purchase or sell securities related to its recommendations upon Client’s specific request and with Client’s prior written consent. Notwithstanding the foregoing, upon Investment Manager’s receipt of written specific instruction by Client, Investment Manager shall, have full discretionary authority to invest, reinvest or otherwise manage all the assets in the Account following such notice, including, without limiting the generality of the foregoing, the authority to direct the Designated Custodians to deliver funds or securities for the purpose of effecting transactions. The parties agree that following Client’s notice, this Agreement shall be considered to grant Investment Manager full discretionary authority over the Account for the remainder of the term of this Agreement.
(b) In furtherance of this Agreement, and except for the express limitations contained herein and in the Investment Policy Statement, Client hereby designates and appoints Public Trust as Client’s investment manager for the term of this Agreement. (c) Investment Manager shall provide Client with a monthly report detailing transactions for the period and an inventory of the investments in the Account(s). (d) Investment Manager does not assume responsibility for the accuracy of the information provided by Client.
(e) Unless Investment Manager otherwise agrees in writing, Investment Manager will not advise or take any action on behalf of Client in any legal proceedings, including bankruptcies or class actions, involving securities held in, or formerly held in, Client’s Account or the issuers of such securities.
(f) To the extent that any securities in the Account have voting rights, Client shall have the option at its sole discretion to vote proxies with respect to the Account’s assets, and Investment Manager shall not have authority to vote such proxies. (g) Investment Manager may from time to time utilize the services of a third party in a sub-advisory capacity to provide certain services to Client, including, but not limited to, arbitrage rebate compliance services. In these cases, Investment Manager will obtain written permission from Client regarding the use of any such sub-adviser.

Investment Manager will continually monitor the services provided by the sub-adviser.

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(h) Occasionally, upon request, Investment Manager may maintain Unmanaged Accounts or External Assets for Client in its portfolio accounting system for reporting purposes. Investment Manager defines an “Unmanaged Account” or “External Asset” as one where the investment direction remains the sole responsibility of the Client rather than the Investment Manager. Unmanaged Accounts or External Assets do not receive ongoing supervision and monitoring services Investment Manager does not make any investment recommendations and may not charge a fee for reporting on Unmanaged Accounts or External Assets. The primary purpose for this service is to include Unmanaged Accounts or External Assets owned by Client in the performance reports provided by Investment Manager. Investment Manager assumes no liability for the underlying performance of any Unmanaged Account or External Assets and it is the Client’s sole responsibility for the accuracy or correctness of any such performance.

Any Unmanaged Account or External Asset or assets may or may not be discernable on the Client statement or report.

Investment Guidelines, Investment Policy Statement:

Investment Manager agrees to use its “best efforts” to manage Client’s assets within the Account(s) in accordance with Client’s written investment guidelines and restrictions for the management of the Account(s) (the “Investment Policy Statement”). Investment Manager shall make investment decisions in accordance, and consistent with, the Investment Policy Statement. Investments described above may be in cash or securities. The Investment Policy Statement applies only to the assets in the Account(s) being managed by Investment Manager. To the extent that Investment Manager is managing a portion of Client’s account strategy (partial portfolio), Client shall provide Investment Manager with prompt written notice and documentation of such determination to allow for Investment Manager’s initial and ongoing securities review compliance with Client’s Investment Policy Statement. Investment Manager will use its best efforts to obtain the most favorable execution and price in connection with the purchase and sale of any inherited securities. Prior to the first trade of the Account(s), Investment Manager, after due diligence review of any inherited securities, reserves the right to liquidate or decline to accept any inherited security(ies) that is not consistent with Client’s Investment Policy Statement or Investment Manager’s review of best execution. Client may provide Investment Manager an amended Investment Policy Statement at any time, and Investment Manager shall implement such amended Investment Policy Statement as soon as practicable. Notwithstanding the preceding, in no event will Investment Manager follow any provision of the Investment Policy Statement or any provision of this Agreement that Investment Manager determines would contravene any applicable law, rule, or regulation of any governmental authority or securities exchange to which it is subject; provided that Investment Manager shall give Client prompt written notice of such determination.

Custody:

Investment Manager shall not have authority to hold or have custody or have possession of any cash, securities or other properties of Client or assets of the Account DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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(“Assets”) or cause a Designated Custodian (as defined below) to deliver Assets or pay cash to Investment Manager, other than with respect to Investment Manager directly billing the Account for the fee payable to Investment Manager under this Agreement in accordance with the Investment Advisers Act of 1940, as amended (the “Advisers Act”) and Rule 206(4)-2 thereunder or other applicable law. Client shall, through written notice provided in accordance with this Agreement, designate a custodian(s) (the “Designated Custodians”) which will be a “qualified custodian” under Rule 206(4)-2 of the Investment Advisers Act of 1940, as amended (the “Advisers Act”). The parties agree that the Designated Custodians shall have the sole responsibility to consummate and settle all purchases, sales, deliveries, receipts and other transactions made with respect to the Account, the collection of all income (including, but not limited to, interest and dividends) and the acquisition and safekeeping of the Assets, securities, funds, and other properties comprising the Account. Client agrees not to grant the Investment Manager any additional rights or access to the Account except as specifically set forth in this Agreement.

Consent to Electronic Delivery of Documents; Other Disclosures:
(a) Client consents to the delivery of documents related to the investment management services described within this Agreement in an electronic manner, as described below (“Consent to Electronic Delivery”).
(b) Client agrees and acknowledges that delivery of documents may be via electronic means, including, but not limited to, a PDF file to the email addresses provided to Investment Manager by Client, or via secure online access to such documents.

Investment Manager may use electronic delivery to effectively deliver to Client any or all documents related to the relationship between Client and Investment Manager. Client acknowledges that it has access to this media and the ability to print and/or download the information provided thereby.

Brokerage:

Client hereby agrees that Investment Manager shall have full authority and discretion to select brokers, dealers or counterparties through whom any transaction in respect of the Account shall be executed. In connection with the selection of such brokers, dealers and counterparties, and the placing of such orders, Investment Manager will seek the most favorable execution and price “best execution,” as described more fully in Form ADV Part 2A. In addition, Client acknowledges that Investment Manager may aggregate trades placed on behalf of Client with trades placed on behalf of other clients, so long as such trades are placed for the benefit of Client, within Client’s investment guidelines, and are in accordance with Investment Manager’s policies described in Form ADV Part 2A.

Disclosure:

Prior to, or contemporaneously with, entering into this Agreement, Client has received:
(i) Investment Manager’s current SEC Form ADV Part 2A and Part 2B; and (ii) to the extent required by Regulation S-P (or similar federal or state law or regulations), a copy DocuSign Envelope ID: 0AE7323E-2DE8-4678-AD92-2EC6BC735B26

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of Investment Manager’s Privacy Policy (collectively, with the items listed in (i), the “Disclosure Documents”). Client further acknowledges that Client has, together with representatives of Investment Manager, carefully reviewed this Agreement and any applicable Disclosure Documents or other documents provided in connection herewith, has had the opportunity to discuss such materials with representatives of Investment Manager prior to execution of this Agreement, and understands the matters set forth in these documents. In the event of a material change to any Disclosure Documents, the Investment Manager shall provide Client with revised Disclosure Documents no later than 60 days following the change.

Standard of Care:

It is agreed that the standard of care applicable to Investment Manager under this Agreement is that owed pursuant to applicable federal and state law, including the Advisers Act. At a minimum and not displacing greater standards of care in applicable state and federal law, Investment Manager will perform all duties and responsibilities in this Agreement with the care, skill, prudence, and diligence, under the circumstances then prevailing, that a prudent investment expert acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Nothing herein shall in any way constitute a waiver or limitation of any right of Client or any person under the federal and state securities laws. Client acknowledges that Investment Manager makes no representation or warranty, express or implied that any level of performance or investment results will be achieved by the Account or that the Account will perform comparably with any standard or index, including other clients of Investment Manager. Investment Manager shall have no responsibility or liability in the selection of investments other than for the Account, or otherwise regarding the investment policies or strategy, or diversification of investments of assets of Client.

Exclusivity:

Investment Manager and its affiliates perform, among other things, investment advisory services for accounts other than the Account. Client recognizes that Investment Manager and its affiliates may provide investment management services to other clients, regardless of whether the investment policies of such clients are similar to, or differ from those that Investment Manager hereby undertakes to perform with respect to the Account. Investment Manager and its affiliates may give advice and take action in the performance of their duties to clients that may differ from advice given, or the timing and nature of action taken, with respect to the Account. Nothing in this Agreement shall be deemed to impose upon Investment Manager any obligation to purchase or sell or recommend for purchase or sale for the Account any security or other property that Investment Manager, or its members, officers or employees, may purchase or sell, or recommend for purchase or sale, for their own account or the account of any other client, so long as it is Investment Manager’s policy, to the extent practical, to allocate investment opportunities to the Account over a period of time on a fair and equitable basis relative to its other clients.

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Dec 12 2023
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tori Roberts, Administrative Services Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Approve the Successor Agency to the Former Hemet Redevelopment Agency Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2024-25 RECOMMENDED ACTION:

It is respectfully recommended that the Successor Agency to the Former Hemet Redevelopment Agency (“Successor Agency”):

Approve the Recognized Obligation Payment Schedule (“ROPS”) and Administrative Budget for July 1, 2024, through June 30, 2025 (“2024-25”).

BACKGROUND:

Pursuant to the dissolution of redevelopment agencies per Assembly Bill (“AB”) ABX1 26 (Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), and subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012) (altogether, “Dissolution Act”), the City of Hemet (“City”) adopted Resolution No. 2012-08-2537 on January 11, 2012, electing to serve as the Successor Agency to the former Hemet Redevelopment Agency (“former RDA”). The Successor Agency is required to prepare a ROPS before each 12-month fiscal period.

On September 22, 2015, Governor Brown signed Senate Bill (“SB”) 107, which went into effect immediately. SB 107 made several key changes to the Health and Safety Code (“HSC”) sections that establish the ROPS process (“the Dissolution Law”). On July 1, 2018, local oversight boards established by the Dissolution Law (specifically HSC Sections 34179 to 34181) to oversee successor agencies’ actions were replaced by countywide oversight boards. As of July 1, 2018, the applicable consolidated oversight board overseeing the Successor Agency is called the Countywide Oversight Board for the County of Riverside (“Oversight Board”).

Oversight boards have broad authority to determine meeting dates at which successor agencies must submit items, to set administrative budgets, to approve enforceable obligations, and otherwise to direct the successor agency to perform activities to wind down the former redevelopment agencies.

Therefore, after the ROPS 2024-25 and the Administrative Budget have been approved by the

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Successor Agency, the ROPS 2024-25 will be sent to the Oversight Board for approval at its meeting on January 18, 2024.

DISCUSSION:

The City, acting as the Successor Agency, continues to prepare ROPS to ensure the former RDA’s financial obligations are met.

The Successor Agency is being asked to consider approval of the accompanying ROPS 2024-25, attached as Exhibit A, and, once approved, transmit it to the Oversight Board and then the California Department of Finance (“DOF”) to allow for disbursement of revenue to meet upcoming debt service payments and related enforceable obligations.

The ROPS 2024-25 contains the following sections:

1. Summary;

2. Detailed description of requested funding for the upcoming fiscal year;

3. Account of cash balances for Fiscal Year 2021-22; and

4. Notes to explain parts of the ROPS.

In total, the Successor Agency is requesting $1,048,793 in Redevelopment Property Tax Trust Funds (“RPTTF”) and the use of $782,547 in Reserve Balance funds as shown on the ROPS Summary.

These obligations are divided between two periods: 2024-25A and 2024-25B. These two periods correspond to the biannual disbursement of RPTTF dollars from the Riverside County AuditorController (“County A/C”) to the Successor Agency, which occurs in January and June each year. The Successor Agency is requesting funds for the following items:

1. Estimated Fiscal Agent Fees;

2. Tax Allocation Refunding Bond Payments; and

3. Successor Agency Administrative Costs.

Estimated Fiscal Agent Fees
The Successor Agency is required to provide payments to US Bank, the designated fiscal agent for the 2014 Tax Allocation Bond Refunding. The Fiscal Agent holds the accounts for the bonds and makes the debt service payments twice a year. The Successor Agency is requesting $3,600. This payment will continue until the bonds are paid off in 2031.

Tax Allocation Refunding Bond Payment
The Refunding Bonds were issued on December 23, 2014. In accordance with the terms of the bond issuance, the Successor Agency is required to prepare payment for the full calendar year of debt service payments. This includes requesting funding and using reserve funds for two payments totaling $878,344 during Fiscal Year 2024-25 and one payment totaling $795,797 to reserve for Fiscal Year 2025-26.

Hemet Unified School District Certificates of Participation

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The Hemet Unified School District (“HUSD”) entered into a Memorandum of Understanding with the former RDA on October 23, 1990, for the financing of public school facilities. HUSD has requested that the Successor Agency add an item to ROPS 20-21 for the payment of the following items:
 Agreement for Cooperation Between HUSD, the former RDA, and the City, dated October 12, 1982 (“Passthrough Agreement”);
 Memorandum of Understanding between HUSD and the former RDA, dated October 23, 1990 (“MOU”);
 HUSD’s 2015 Refunding Certificates of Participation in the amount of $16,690,000 and a maturity date of October 1, 2028 (“2015 Refunding COPs”); and  HUSD’s 2019 Refunding Certificates of Participation in the amount of $2,925,000 and a maturity date of October 1, 2031 (“2019 Refunding COPs”).

HUSD makes this request per section 9, page 12 of the MOU, which specifically states:
"For purposes of Section 33675 of the Health and Safety Code, the lease payments with respect to the District's 1990 COPs and payment on any other lease financing arrangements or other obligations incurred by the District for tire purpose of financing School Projects and secured by the District Share shall be deemed to be a debt of the Agency payable from the District Share in satisfaction of the obligations of the Agency under the Amended Cooperation Agreement. The District shall take all necessary action and cooperate fully with the Agency to enable the Agency to list all payments of the District Share as a debt of the Agency on any 'statements of indebtedness' the Agency may be required to file with the Riverside County Auditor-controller under Section 33675 of the Health and Safety Code." (Emph. added.)
The Successor Agency added ROPS Items 16 and 17 to the ROPS in FY 2020-21 as an obligation to ensure the 2015 Refunding COPs, and 2019 Refunding COPs continue to be paid even if all other enforceable obligations are retired or paid off before their maturity date. The Successor Agency will, again, request $0 in RPTTF for these items.

County Education Pass Through Settlement Payment
The Hemet Unified School District Pass Through Settlement Agreement, Item #14 on the ROPS, was reported to be retired after being fully paid off after ROPS 2018-19. During the ROPS 2020-21 cycle, Successor Agency staff prepared the Prior Period Adjustment (PPA) for FY 2017-18 and noticed that a payment of $28,599 was not made towards Item #14. The 17-18 PPA was then completed as if the payment was made with the intention to make that payment before the County’s review in order for the Item #14 obligation to be fully met and the submitted PPA to be accurate. However, the $28,599 payment was not made, and Successor Agency Staff was not able to provide proof of payment when the County did its PPA review, leading to a $28,599 increase in the 2017-18 PPA. Staff subsequently requested $28,599 on the ROPS 2021-22 to pay the obligation. However, when completing the PPA for 2021-22, staff noticed the payment had not yet been remitted to the Riverside County Office of Education, increasing the 2021-22 PPA by $28,599.

In order for this obligation to be met, the Successor Agency is requesting that $28,599 back from DOF with the intention of making that final payment for line Item #14 in FY 2024-25.

Successor Agency Administrative Costs

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HSC Section 34177(j) requires the Successor Agency to prepare an Administrative Budget and submit it to the Oversight Board for approval. Per HSC Section 34177, each successor agency is limited to an administrative cost allowance of the greater of $250,000 or 3% of its approved nonadministrative obligations in the previous ROPS year. The Successor Agency had $898,694 in nonadministrative obligations approved in the ROPS period covering July 1, 2023, to June 30, 2024, allowing the Successor Agency to request the greater of $26,970 or $250,000. The Successor Agency is only requesting $125,000, of which the total $125,000 will be disbursed July 1, 2024.

Submittal to the California Department of Finance
Dissolution Law requires that the ROPS 2024-25 be approved by the Oversight Board and submitted to DOF, the State Controller’s Office, and the Riverside County Auditor-Controller no later than February 1, 2024. If this deadline is not met, the City of Hemet (as the City and not as the Successor Agency) will be required to pay a $10,000 per day fine.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

Upon approval by the Successor Agency, Oversight Board, and DOF, ROPS 2024-25 would request RPTTF funding needed for the Successor Agency to timely remit payments on enforceable obligations due during Fiscal Year 2024-25. The City and other affected taxing agencies are entitled to receive the balance (“Residual”) of any RPTTF available after each of the two RPTTF distribution periods based on their respective shares.

ATTACHMENT(S):

Attachment 1: Resolution ROPS 2024-25
Attachment 2: Exhibit A Hemet ROPS 2024-25
Attachment 3: Exhibit B Hemet Administrative Budget 2024-25

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CITY OF HEMET RESOLUTION NO. 2023-XXX 1
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SUCCESSOR AGENCY TO THE FORMER HEMET REDEVELOPMENT AGENCY

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE

FORMER HEMET REDEVELOPMENT AGENCY

APPROVING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE FOR JULY 1, 2024, THROUGH JUNE 30,
2025, AND APPROVING THE ADMINISTRATIVE BUDGET
FOR JULY 1, 2024, THROUGH JUNE 30, 2025
The Successor Agency to the Former Hemet Redevelopment Agency (hereafter referred to as the “Successor Agency”) does resolve as follows:

WHEREAS, pursuant to the dissolution of redevelopment agencies per Assembly Bill (“AB”) ABX1 26 (Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), and subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012) (altogether, “Dissolution Act”), the City of Hemet (“City”) adopted Resolution No. 2012-08-2547 on January 11, 2012, electing to serve as Successor Agency to the Hemet Redevelopment Agency (“Successor Agency”); and
WHEREAS, pursuant to Health & Safety Code (“HSC”) Section 34177(m), the Successor Agency is required to prepare a Recognized Obligation Payment Schedule (“ROPS”) prior to each 12-month fiscal period, in a manner prescribed by the California Department of Finance (“DOF”), and submit the ROPS to the oversight board, the Riverside County Auditor-Controller, the State Controller’s Office, and DOF for review and approval; and
WHEREAS, as of, on, and after July 1, 2018, under the Dissolution Law, Section 34179(j), in every California county there shall be only one oversight board that is staffed by the county auditor-controller; and

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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, the applicable consolidated oversight board overseeing this Successor Agency is called the Countywide Oversight Board for the County of Riverside (“Oversight Board”); and
WHEREAS, every oversight board, both the prior local oversight board and this newly established Oversight Board, has fiduciary responsibilities to the holders of enforceable obligations and to the taxing entities that benefit from distributions of property tax and other revenues under the Dissolution Law, in particular Section 34188; and
WHEREAS, pursuant to HSC Section 34177(m), the ROPS for the period beginning July 1, 2024, and ending June 30, 2025 (“24-25”), shall be submitted to the Oversight Board and DOF no later than February 1, 2024; and WHEREAS, pursuant to HSC Section 34177(m)(2), if a successor agency does not submit a ROPS by the aforementioned deadline, the city, county, or city and county that created the redevelopment agency shall be subject to a civil penalty equal to ten thousand dollars ($10,000) per day for every day the schedule is not submitted to DOF; and
WHEREAS, Section 34177(j) of the Dissolution Act requires the Successor Agency to prepare a proposed Administrative Budget for 24-25 (“Administrative Budget”) and submit it to the Oversight Board for approval; and WHEREAS, pursuant to Section 34177(j), the Successor Agency’s Administrative Budget is to include all of the following: (a) estimated amounts of the Successor Agency's administrative costs for the upcoming twelve-month fiscal period; (b) the proposed sources of payment for the costs identified in (a); and (c) proposals for arrangements for administrative and operations services provided by the city serving as Successor Agency; and

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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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WHEREAS, Exhibit “A” to this Resolution establishes the ROPS 24-25 and Exhibit “B” to this Resolution establishes the Administrative Budget in a manner consistent with that prescribed by DOF; and
WHEREAS, the Oversight Board is expected to consider approval of the ROPS 24-25 and the Administrative Budget for 24-25 on January 18, 2024; and WHEREAS, the Successor Agency desires to approve the ROPS 24-25 along with the Administrative Budget and transmit it to the Oversight Board, the Riverside County Auditor-Controller, the State Controller’s Office, and DOF as required by HSC Section 34172, et seq.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE FORMER HEMET

REDEVELOPMENT AGENCY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. ORDERS – The Successor Agency hereby approves the ROPS 24- 25, attached hereto as Exhibit A, subject to the approval of the Oversight Board and DOF. The Successor Agency also accepts administrative revisions made to the ROPS 24-25 in order to enable the Successor Agency to submit the ROPS 24-25 to DOF by the deadline of February 1, 2024.

The Successor Agency approves the Administrative Budget, attached hereto as Exhibit B, that is included in the ROPS 24-25.

Successor Agency staff is directed to transmit the ROPS 24-25 to the Oversight Board and upon Oversight Board’s approval, post the ROPS 24-25 on the City of Hemet’s website and submit the ROPS 24-25 to DOF, the California State Controller’s Office, and the Riverside County Auditor-Controller prior to February 1, 2024, as required by law.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on December 12, 2023.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 5
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PASSED, APPROVED AND ADOPTED this 12th day of December, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2023-XXX 6
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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 Successor Agency to the Former Hemet Redevelopment Agency on the 12th day of December, 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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Successor Agency: Hemet
County: Riverside
Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 24-25A Total
(July - December)
24-25B Total
(January - June) ROPS 24-25 Total
A Enforceable Obligations Funded as Follows (B+C+D): $ 782,547 $ - $ 782,547 B Bond Proceeds $ - $ - $ -
C Reserve Balance $ 782,547 $ - $ 782,547
D Other Funds $ - $ - $ -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G): $ 153,599 $ 895,194 $ 1,048,793 F RPTTF $ 28,599 $ 895,194 $ 923,793
G Administrative RPTTF $ 125,000 $ - $ 125,000
H Current Period Enforceable Obligations (A+E): $ 936,146 $ 895,194 $ 1,831,340 Certification of Oversight Board Chairman: Signature Title Pursuant to Section 34177 (o) of the Health and Safety Code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. Signature Title
Recognized Obligation Payment Scehdule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period

EXHIBIT A

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Hemet Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
(Report Amounts in Whole Dollars)

A B C D E F G H I J K L M N O P Q R S T U V W
Item # Project Name/Debt
Obligation
Obligation Type Contract/Agreement
Execution Date
Contract/Agreement
Termination Date
Payee Description/Project Scope Project Area Total Outstanding Debt or
Obligation
Retired ROPS 24-25
Total
24-25A (July - December) 24-25A
Total
24-25B (January - June) 24-25B
Fund Sources Fund Sources Total
Bond
Proceeds
Reserve
Balance
Other Funds RPTTF Admin RPTTF Bond
Proceeds
Reserve
Balance
Other Funds RPTTF Admin RPTTF
$32,657,004 $1,831,340 $-$782,547 $-$28,599 $125,000 $936,146 $-$-$-$895,194 $-$895,194 4 Hemet Project Area/Fiscal
Agent
Fees 6/21/2005 12/31/2031 Union Bank Administration fee for Tax Allocation Bond administration
All40,000 N $3,600 $-$3,600 $3,600
5 Successor Agency Costs
(As allowed by H&S Code
Section 34171(b))
Admin Costs 7/1/2014 12/31/2031 City of Hemet Administrative expenses of Successor Agency
All1,000,000 N $125,000 $125,000 $125,000 $-
12 Hemet Project Area/2014
Tax Allocation Refunding
Bonds
Refunding Bonds
Issued After 6/27/12
11/1/2014 12/31/2031 MUFG Union BankRefinancing of Tax Allocation Bonds (items 1 and 2)
All7,055,483 N $878,344 $782,547 $782,547 $95,797 $95,797 15 Reserve for Next Period
of Bonds Payment
Reserves 11/1/2014 12/31/2031 City of Hemet Reserve required by Indenture for 2014 Refunding Bonds for
use in following ROPS period
within the same calendar year
All5,888,953 N $795,797 $-$795,797 $795,797
16 HUSD 2015 Refunding
COP
Miscellaneous 10/1/2015 10/1/2028 Hemet Unified
School District
Certificate of Participation
payment to fund HUSD and the
City's debts secured by
payments under a Passthrough
Agreement/MOU between
HUSD and the former RDA.

All14,665,794 N $-$-$-
17 HUSD 2019 Refunding
COP
Miscellaneous 4/1/2020 10/1/2031 Hemet Unified
School District
Certificate of Participation
payment to fund HUSD and the
City's debts secured by
payments under a Passthrough
Agreement/MOU between
HUSD and the former RDA.

All3,978,175 N $-$-
$-
18 Riverside County Office of
Education Pass Through
Settlement Agreement
Unfunded Liabilities 9/23/2014 6/30/2018 Riverside County Office of
Education
Ensuring former Item #14 pass
through payment is made after
non payment in FY 17-18 and
FY 21-22
All28,599 N $28,599 $ 28,599.00 $-

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A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before 12/31/10
Bonds issued on or
after 01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained for
future period(s)
Rent,
Grants,
Interest, etc.

Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution amount 856,383 1,037 3,860
E: $-57,207 19-20 ending balance + $733,047
reserve for bond payment + $127,505 19-20 PPA
held for 22-23 +53,038 20-21 PPA held for 23-24
F: 19-20 ending balance
G: $3,860 18-19 PPA for ROPS 21-22
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller 2 1,104,083 3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
733,047 - 274,383
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s) 180,543 753,672 E: $127,505 from 19-20 PPA for 22-23, 53,037 20-
21 PPA for 23-24.

G: Reserve Held for 21-22 bond payment
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
79,888 G: 21-22 PPA
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$ 0 $ 0 $ (57,207) $ 1,039 $ 0
No entry required
Hemet Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, seeCash Balance Tips Sheet.

ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds

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Item # Notes/Comments
Hemet Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025

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EXHIBIT B

HEMET SUCCESSOR AGENCY
ADMINISTRATIVE BUDGET FY 2024-25
FOR JULY 1, 2024 to JUNE 30, 2025
Expense Category Responsibilities
FY 2024-25
Proposed
Budget
Salaries and Wages
Staff salaries, benefits, and
payroll taxes
• Process payment of enforceable obligations
• Maintain documentation of Agency records
• Coordinate with consultant to answer questions and provide documentation as requested by Oversight Board, County AuditorController, and Department of Finance • Prepare Prior Period Adjustment (PPA)
• Reconcile Cash Balances
$95,000
TOTAL $95,000
Maintenance and Operations
Contract services
• Prepare ROPS, PPA, staff reports, and resolutions
• Coordinate with and answer questions for Oversight Board, County Auditor-Controller, and State Department of Finance
• Monitor and project cash flow to ensure sufficient revenues for obligations and to inform Agency staff of expected revenues
• Reconcile Cash Balances
$20,000
Insurance and legal services • Review staff reports and resolutions • Provide legal services as needed $10,000
TOTAL $30,000
TOTAL BUDGET $125,000

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Dec 12 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:

Consideration of a Resolution 1) Authorizing the City Manager to Execute an Agreement with Robin Gilliland Consulting in an Amount-Not-to-Exceed $60,000 for Community Solutions Coordination Services; and 2) Approving a Community Solutions Coordinator classification and salary.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt Resolution 2023-XX 1) Authorizing the City Manager to Execute a Professional Services Agreement with Robin Gilliland Consulting in an Amount Not to Exceed $60,000 for Community Solutions Coordination Services; and 2) Approving a Community Solutions Coordinator classification and salary.

BACKGROUND:

On September 14, 2023, Governor Newsom announced that the State of California awarded the County of Riverside $12 million in Encampment Resolution Fund (ERF) funding to move unhoused Californians from encampments into housing. District 5 Riverside County Supervisor Yxstian Gutierrez's office spearheaded the grant request on behalf of Riverside County and the cities of San Jacinto and Hemet. The award was the second largest in the State of California. The grant provides direct assistance of $682,752.50 to San Jacinto and $682,752.50 to the City of Hemet to meet the unique needs of each community.

ANALYSIS:

Staff worked with the City Council's Homeless Outreach Ad Hoc Committee consisting of Mayor Males and Mayor Pro Tem Lilienthal, to discuss options on how best to invest the forthcoming grant funds to optimize the City of Hemet's efforts to reduce homelessness.

The Ad Hoc Committee, City Manager, and Police Chief are recommending the City utilize the a portion of the grant funds to enhance the City's focus and coordination of homeless reduction efforts.

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At the moment, no one person within City staff is individually dedicated full-time with homeless coordination/solution efforts.

Given the City Council and community interest in reducing homelessness, as well as the near-term opportunities to collaborate with Riverside County and the City of San Jacinto on creation of a grantfunded transitional housing project to reduce homelessness, and the considerable City investment in CityNet services, it is recommended the City of Hemet utilize a portion of the $682,752.50 in grant funds to provide dedicated full-time management of these activities via creation of a "Community Solutions Coordinator" position. This position is recommended to report to the City Manager and coordinate with various citywide departments engaged in homeless solutions issues, including Police, Public Works, and Code Enforcement operations. Additionally, it is recommended the position also serve as the City’s Ombudsperson to assist in resolving resident/business owner complaints received either in person, in writing, or through SeeClickFix.

Attached to this report is a job description for the proposed Community Solutions Coordinator classification. Riverside County staff have confirmed that the position is fully reimbursable under the grant through June 2026. The recommended seven-step salary range for this classification is $91,404 to $122,496. The City has been informed that 50% of the grant funds will need to be utilized by June 2025 and the entire amount utilized by June 2026. The total annual cost of the classification with benefits is estimated to be approximately $195,000.

Because the City of Hemet does not have an employee dedicated solely to management/pursuit of homeless solutions, and because the City's needs in this area are immediate given the grant-funded collaborative efforts needed with the County of Riverside and City of San Jacinto, the recruitment will be opened shortly after approval with an "open until filled" posture to accelerate selection of a candidate.

Additionally, as it is unlikely the City's recruitment efforts will seat a candidate until early February 2024 at the earliest and because of the immediate coordination efforts with Riverside County and several initial organizational efforts that would benefit the City, it is also recommended the City enter into an agreement with Robin Gilliland Consulting to provide data analysis/recommendations and transition of services to the Community Solutions Coordinator.

The proposed agreement (attached) with Robin Gilliland Consulting, who currently assists the City of San Jacinto with similar services, includes the following deliverables:
 Review and prepare a summary of City, CityNet, and Continuum of Care data, and associated service provider/stakeholder interviews.
 Provide findings and recommendations to improve focus, coordination, and management of City efforts to reduce homelessness.
 Identify and pursue grant funding opportunities
 Recommendations for coordination with and providing education to residents/businesses.  Development of a appropriate giving campaign and messaging.  Facilitation and transition services of homeless solutions strategy, planning, and communication efforts to Community Solutions Coordinator with City staff, CityNet personnel, faith-based communities, non-profit associations, volunteers, Chamber of Commerce/business community, and other local, regional, and State representatives/stakeholders.

The proposed agreement with Robin Gilliland Consulting deviates from the City's standard contract language. Specifically it is recommended the City Council waive the standard requirements for

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general liability insurance, professional liability insurance, workers compensation insurance, and umbrella coverage. This deviation is proposed due to the unique nature of the services provided and the specialized expertise of the consultant, whose role primarily involves research, data analysis, communications and policy recommendations regarding homelessness, all activities that inherently carry lower risks compared to physical or high-liability services. Waiving standard insurance requirements is not without risk and could expose the City to potential legal and financial risks in the unlikely event of negligence or professional errors by the consultant.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The Encampment Resolution Fund Grant will fully fund the recommended Community Solutions Coordinator position through June 2026, as well as the recommended Robin Gilliland Consulting agreement. The estimated annual cost of the position with benefits is approximately $195,000, and the Robin Gilliland Consulting agreement is an amount not to exceed $60,000.

ATTACHMENT(S):

Community Solutions Coordinator 12.06.2023 v1-Clean
Draft Agreement with Robin Gilliland Consulting FINAL
Community Solutions Coordinator Resolution

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CITY OF HEMET
Class Code: xxxx Date Adopted:
xx/xx/2023

New Class

COMMUNITY

SOLUTIONS

COORDINATOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
Under general direction, plans, develops, implements and coordinates a variety of programs in area of specialty such as health, homeless solutions, human services, housing, neighborhoods, youth or other programs; researches and makes recommendations on needs issues; prepares and presents analysis and recommendations; acts as liaison and program source to individuals, city and community groups, a variety of organizations and agencies; advises and ensures City compliance with related laws, regulations and ordinances; serves as the City’s Ombudsperson to assist in resolving resident/business owner complaints; and performs related work as assigned.

DISTINGUISHING CLASS CHARACTERISTICS
The Community Solutions Coordinator implements, develops and coordinates special programs that have a broad impact and are designed to meet specific needs of the community or members of a target population, including the facilitation and integration of homelessness initiatives, engagement efforts, policies, services, and funding, which may include coordination of access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons. These programs are often established on a temporary or limited term basis to meet short-term City goals or specific grant funding objectives.

The incumbent will also serve as the City’s Ombudsperson to assist in resolving resident/business owner complaints received either in person, in writing, or through SeeClickFix.

Incumbents provide program management and professional
assistance in planning, developing, directing and coordinating complex programs and projects either directly or through assigned staff. Requires the use of a high degree of independent judgment, making difficult and complex decisions, and responsible for complex and sensitive programs.

ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities

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Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills and other characteristics:
• Plans, organizes, directs, coordinates and evaluates program needs and develops effective programs; develops procedures within areas of responsibility and instruction materials to assist in accomplishing program goals.
• Prepares and submits budget requests for the program; estimates future needs of the program in terms of personnel, equipment, supplies and space; consults with superiors on priorities and availability of funding and other sources; develops grant proposals and other fund raising programs; monitors expenditures; may negotiate contracts with
subcontractors.
• Develops effective public participation strategies and activities and establishes effective working relationships with community groups or representatives, or agencies related to or affected by the activities of the assigned program; makes presentations to community groups, or participates on committees and task forces to interpret/exchange information and to assure
cooperation in achieving goals.
• Performs activities necessary to facilitate development of City and community partnerships and collaborative efforts; provides staff support to community-based planning coalitions and committees.
• Maintains up-to-date knowledge of federal, state and local laws, regulations, and policies, procedures that govern program operations; disseminates knowledge to staff and ensures compliance on a continuous basis.
• Prepares analytical papers, publications, newsletters, planning documents and administrative reports; assists in the
development of goals, objectives, policies and procedures; investigates, interprets, analyzes and prepares
recommendations in relation to proposals for new programs, grants and/or services; analyzes, interprets and explains City policies and procedures; confers with members of the public to explain procedures and policies; investigates and prepares reports on specific requests and complaints pertaining to assigned program.
• Researches and writes request for proposals; evaluates and recommends on the acceptance of proposals; assembles,
monitors and facilitates peer panels to review and recommend on proposals.

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• Conducts needs assessments, research and analyzes
statistical and other data; makes recommendations on
administrative and operational problems, policies and
procedures.
• Assists in the recruitment and selection of interns and volunteers; represents the City in the community and at interdepartmental, inter-agency and professional meetings. • Investigates resident and business owner complaints, and seeks resolutions to disputes.

QUALIFICATIONS GUIDELINES
Knowledge, Skills, and Abilities:

Knowledge of principles and practices of organization and public administration; research techniques, sources and availability of information, and methods of report presentation; grant application process; applicable federal, state and local laws, rules and regulations pertaining to area of assignment; administrative principles and methods, including goal setting, program and budget development, work planning and
organization; equal employment/affirmative action guidelines and policies; principles and practices of supervision;
principles, methods and practices of municipal finance and budgeting. In addition, thorough knowledge specific to the area of assignment is required.

Ability to perform work related to area of assignment; plan, develop and administer programs; design, implement and
interpret needs assessments and other research projects; analyze administrative problems, evaluating alternatives, and make creative recommendations; communicate effectively, both orally and in writing; assume control of a project and make sound recommendations; properly interpret and make decisions in accordance with laws, regulations and policies; prepare and write complete and accurate reports; review and analyze a variety of organizational and administrative
problems and make sound policy and procedural
recommendations; analyze, interpret and provide assistance regarding pending legislation; represent the department effectively in meetings, including making presentations; interact effectively and sensitively with numerous culturally and economically diverse populations; ability to act as mediator to resolve disputes, establish and maintain
cooperative working relations with a variety of citizens, public and private organizations and businesses,

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commissions/committees, and City staff; effectively use computer and office automation systems, software and
equipment; exercise judgment in prioritizing work and
recommending actions.

Education and/or Experience:

Any combination of education or experience that would
provide the required knowledge, skills, and abilities is qualifying. A typical combination includes:

Education: Equivalent to a Bachelor’s Degree in public
or business administration, public relations, social
science, sociology, psychology, or related studies.

Master’s degree highly desirable.

AND
Experience: Three (3) years of responsible project
planning experience in administering or implementing
programs in the area of assignment.

Certification/License and/or Other Special Requirements:

Possession of a valid California Class C Driver’s License, and maintain a satisfactory driving record.

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00091740.2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND

ROBIN GILLILAND CONSULTING

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PROFESSIONAL SERVICES AGREEMENT

FOR HOMELESSNESS STRATEGY, PLANNING, AND COORDINATION SERVICES

BETWEEN THE CITY OF HEMET AND ROBIN GILLILAND CONSULTING THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 12th day of December, 2023 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Robin Gilliland Consulting, an individual (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought the performance of Homelessness Strategy, Planning, and Coordination Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2024, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.”

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(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.

SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($60,000) (“Not to Exceed Amount”), unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (c) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The

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invoices shall be delivered to City at the address set forth in Section 23, “Notices” hereof.

Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council. (b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s

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acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

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SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers,

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employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the

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extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

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

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

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SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs,

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(collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or

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subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.

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

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

SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.

Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 22. EXCUSABLE DELAYS

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Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
To Consultant: Robin Gilliland
33886 Begonia Place
Murrieta, CA 92563
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

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

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

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

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SECTION 26. BINDING EFFECT.

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

SECTION 27. AMENDMENT.

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

SECTION 28. WAIVER.

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

SECTION 29. LAW TO GOVERN; VENUE.

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

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

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

SECTION 31. ENTIRE AGREEMENT.

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

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00091740.2 Page | 13
Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 32. SEVERABILITY.

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

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

1. All exhibits and addendums

2. All amendments

3. Consultant’s proposal, if any

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

SECTION 34. TIME OF THE ESSENCE.

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

SECTION 35. FEDERAL PROVISIONS.

When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

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00091740.2
Signature Page

PROFESSIONAL SERVICES AGREEMENT

FOR HOMELESSNESS STRATEGY, PLANNING, AND COORDINATION SERVICES

BETWEEN THE CITY OF HEMET AND ROBIN GILLILAND
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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

SCOPE OF SERVICES
Homeless Solutions Coordination and Services

1. Strategy and Planning (Approximately 225 hours @ $100/hour) a. Review City ordinances, CityNet data and County of Riverside Continuum of Care data on people experiencing homelessness in City of Hemet. Interview service providers and community stakeholders, including CityNet representatives and 9th Shield representatives.
b. Based on data review and stakeholder interviews, develop recommendations to improve the focus, coordination, and management of City efforts to reduce homelessness.
c. Identify grant funding opportunities that implement homelessness solutions, including prevention and diversion programs.

Deliverables:
➢ 1A. Summarize review of City, CityNet, and Continuum of Care data, service provider/stakeholder interviews.
➢ 1B. Findings and recommendations to improve focus, coordination, and management of City efforts to reduce homelessness.
➢ 1C. Monitor, pursue, and provide list of recommended grant funding opportunities.

2. Communication and Community Engagement Development (Approximately 225 hours @ $100/hour)
a. Provide recommendations for coordination with and providing education to local faith-based communities, non-profit associations, volunteers, and Chamber of Commerce/business engagement.
b. Develop an appropriate giving campaign and associated messaging.

Deliverables:
➢ 2A. Recommendations for coordination with and providing education ➢ 2B. Giving campaign and messaging.

3. Support for and Transition to Homeless Solutions Coordinator (Approximately 150 hours/month @ $100/hour)
a. Facilitate transition of homeless solutions strategy, planning, and communication efforts to City’s Homeless Solutions Coordinator with City staff, CityNet

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00091740.2
Exhibit A – Scope of Services
Page | 2
personnel, 9th Shield, faith-based communities, non-profit associations, volunteers, Chamber of Commerce/business community, and other local, regional, and State representatives/stakeholders.

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00091740.2
Exhibit C – Insurance
Page | 1
EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed $60,000.

1. Strategy and Planning Tasks and 1A, 1B, and 1C Deliverables $22,500 flat fee

2. Communication and Community Engagement Development Tasks and 2A, 2B, and 2C Deliverables
$22,500 flat fee

3. Support for and Transition to Homeless Solutions Coordinator $5,000 per month retainer for up to three months.

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00091740.2
Exhibit C – Insurance
Page | 2
EXHIBIT “C”

INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

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

2. MINIMUM LIMITS OF INSURANCE.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

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

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00091740.2
Exhibit C – Insurance
Page | 3
payment of losses and related investigations, claim administration, defense expenses and claims.

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

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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00091740.2
Exhibit D – Federal Requirements
Page | 1
EXHIBIT “D”

FEDERAL REQUIREMENTS
Not applicable

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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 EXECUTE AN AGREEMENT WITH ROBIN

GILLILAND CONSULTING FOR COMMUNITY

SOLUTIONS COORDINATOR SERVICES AND

APPROVING A COMMUNITY SOLUTIONS COODINATOR

CLASSIFICATION AND SALARY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, on September 14, 2023, Governor Newsom announced that the State of California awarded the County of Riverside $12 million in Encampment Resolution Fund (ERF) funding to move unhoused Californians from encampments into housing; and
WHEREAS, District 5 Riverside County Supervisor Yxstian Gutierrez’s office spearheaded the grant request on behalf of Riverside County and the cities of San Jacinto and Hemet; and
WHEREAS, The award was the second largest in the State of California and provides direct assistance of $682,752.50 to the City of San Jacinto and $682,752.50 to the City of Hemet to meet the unique needs of each community; and WHEREAS, the City of Hemet City Council’s Homeless Outreach Ad Hoc Committee consisting of Mayor Males and Mayor Pro Tem Lilienthal, discussed options

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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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on how best to invest the grant funds to optimize the City of Hemet’s efforts to reduce homelessness with the City Manager and Police Chief; and WHEREAS, the Ad Hoc, City Manager, and Police Chief recommend the City utilize a portion of the grant funds to enhance the City’s focus and coordination of homeless reduction efforts by funding a full-time position to homeless coordination/solution efforts which will be fully reimbursable under the grant through June 2026; and
WHEREAS, this classification shall be incorporated into the Management/Confidential Resolution, report to the City Manager, and coordinate with various citywide departments engaged in homeless solutions issues, including Police, Public Works, and Code Enforcement operations; and
WHEREAS, it is recommended the position also serve as the City’s Ombudsperson to assist in resolving resident/business owner complaints received either in person, in writing, or through SeeClickFix; and WHEREAS, it is recommended the City execute a Professional Services Agreement with Robin Gilliland Consulting to provide data analysis/recommendations and assist with transition of services to the Community Solutions Coordinator.

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

SECTION 1. Authorize the creation of the Community Solutions Coordinator classification (Exhibit A) and seven-step salary range of $91,404 to $122,496.

SECTION 2. Authorize the City Manager to execute a Professional Services Agreement with Robin Gilliland Consulting in an Amount Not to Exceed $60,000 for the

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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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SECTION 3. CEQA FINDINGS - The City Council hereby finds that in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3).

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on December 12, 2023.

ATTACHMENTS
EXHIBIT A – Community Solutions Coordinator Classification

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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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PASSED, APPROVED AND ADOPTED this 12th day of December, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2023-XXX 5
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State of California )
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City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the XXth day of MONTH, 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Dec 12 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:

Determination of Use 23-001 that Manufacture and Assembly, Rental, and Sale of Off-Site Construction Mobile Units is Consistent with Other Similar Permitted Uses in the C-M (Commercial Manufacturing) Zone; and Outdoor Storage Area is Consistent with Other Similar Permitted uses in the M-2 (Heavy Manufacturing) Zone; and Consideration of a Possible Ordinance Amendment to the Hemet Municipal Code to Include Uses Identified
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive and File Community Development Director determination of use that manufacture and assembly, rental, and sale of off-site construction mobile units is consistent with other similar permitted uses in the C-M (Commercial Manufacturing) zone; and outdoor storage area is consistent with other similar permitted uses in the M-2 (Heavy Manufacturing) zone, and direct the City Manager to prepare an Ordinance Amendment to the Hemet Municipal Code for Uses listed.

BACKGROUND:

Pacific Mobile Structures, Inc. has submitted a Conditional Use Permit development application to the City of Hemet to allow the company to carry out operations that include light manufacturing, assembly, storage, and service of off-site mobile office units and storage containers for rent and use by a variety of agencies such as school campuses, construction sites, and government agencies.

The site encompasses two parcels totaling 13.64 acres in a portion of the City that is zoned C-M (Commercial Manufacturing) and M-2 (Heavy Manufacturing) with a General Plan Land Use Designation of Industrial. The properties are located on the west side of Santa Fe Street, and south of Oakwood Street. Schoolhouse Manufacturing, a similar type facility that is located to the north of the property is under the jurisdiction of the City of San Jacinto.

Although similar to other uses permitted in the zone, the manufacture and assembly of off-site construction is not specifically listed in the C-M (Commercial Manufacturing) zoning code matrix table, nor is the outdoor storage of off-site construction of mobile/modular office units listed in the M-2

21.B

(Heavy Manufacturing) zoning matrix table. At the time of application and project review, under prior administration, the development was deemed to be sufficiently similar to uses permitted within the zone. The recommendation of this action seeks to specifically include the manufacture and assembly of off-site construction and the outdoor storage of offsite construction of mobile/modular office units to the zoning code matrix table.

ANALYSIS:

Determination of Use
In accordance with Sections 90-1481 and 90-3 of the Hemet Municipal Code, when a use is not specifically listed as a permitted use or conditional use under a particular zone, and when that use is proposed or classification is requested, the director of community development shall determine whether the use is sufficiently similar to a listed use in the particular zone to justify a finding that it should be deemed a permitted use or conditional use in one or more zones. Before permitting or classifying an unlisted use, the director shall first determine that all of the following conditions exist (conditions and findings listed below). The director shall notify the planning commission and city council of the determination of use. Once the determination has been made the director shall initiate an amendment to the zoning ordinance.

Findings
The Hemet Municipal Code Section 90-3 (Interpretation of Chapter), discusses when a use is not specifically listed as a permitted use or conditionally permitted use under a particular zone, the Director shall determine whether the use is sufficiently similar to a listed use in the one or more zones with the following findings.

1. The proposed use would meet the objectives of the zone.

Finding: Pacific Mobile Structures, Inc. has submitted a Conditional Use Permit development application to the City of Hemet to allow the company to carry out operations that include the manufacture, assembly, storage, and service of off-site mobile office and storage units for rent and use by a variety of agencies such as school campuses, construction sites, and government agencies.

The site encompasses two parcels of land totaling 13.64 acres on properties that are zoned C-M (Commercial Manufacturing) and M-2 (Heavy Manufacturing) with a General Plan Land Use Designation of I (Industrial). The underlying General Plan land use designation is intended to accommodate a range of manufacturing, business office, assembly, fabrication, construction, transportation, logistics, and auto repair uses.

Parcel 1: Approximately 4.5 acres of the site is located within the C-M (Commercial Manufacturing) zone and would include light manufacturing and warehousing, business office, fabrication, assembly, and service repairs for a single-tenant operation. The objective of the C-M (Commercial Manufacturing) zone is to designate areas for desirable mixes of retail or wholesale outlets and other commercial uses, warehousing and distributing uses, and light manufacturing uses, which will be compatible with one another.

Parcel 2: Approximately 9 acres of the site is proposed to be devoted to outdoor storage and parking areas for the off-site mobile units. The zoning of the site is M-2 (Heavy Manufacturing).

The objective of the M-2 (Heavy Manufacturing) zone is to provide for a range of manufacturing

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and processing uses, research and development, large single-tenant distribution and sales, and warehousing. The proposed outdoor storage area will support off-site construction units for large single-tenant distribution, sales, and rental.

Therefore, the proposed use would meet the objectives of the zone.

2. The proposed use and its operation are compatible with the uses permitted in the zone.

Parcel 1: Approximately 4.5 acres of the site is located within the C-M (Commercial Manufacturing) zone.

Off-Site Construction
The applicant proposes permanent off-site construction of modular units in a controlled factory environment, utilizing the same materials as a stick-built structure in half the time through the construction of the unit in "modules."
Assembly & Storage
During maintenance and repair operations in a 13,743 square-foot manufacturing and assembly building, the mobile units will undergo repair and remodeling after rental return and prior to being placed back into the rental fleet. From the assembly facility, the units ready for rental will be shifted to the outdoor storage and parking area until they return to rental use on the M-2 (Heavy Manufacturing Zone) property. No outdoor storage is permitted on the C-M zoned property.

Light Manufacturing
Initial operations are not proposed to include any manufacturing operations. At some point in the future, when the proposed 40,000-square-foot warehouse is completed, the facility will be capable of conducting light manufacturing activities in support of operations.

Service
Standard maintenance activities within the facility include cleaning units, touch-up painting, new flooring, and minor electrical or HVAC repairs. Materials stored indoors at the site may consist of such materials as paint, cleaning supplies, flooring, sheetrock, and dimensional lumber. Materials will be stored on racks and on the building mezzanine. Once the warehouse is constructed, it will store various products that the Company rents in conjunction with the rental units, such as desks, chairs, and tables.

C-M (Commercial Manufacturing) Zone
Pursuant to Section 90-893 of the Hemet Municipal Code, similar and compatible uses permitted within the C-M (Commercial Manufacturing) zone include:
 Manufacture, assembly, display, and sales of modular homes.  Manufactured home sales with or without on-site display of models and inventory  Assembly of small electronics, cabinets, furniture, equipment, and similar materials with no outdoor storage or operations.
 Miscellaneous Manufacturing—Light. (e.g., jewelry, office supplies, cosmetics, sporting goods) with no outdoor storage or operations.
 Machine shop with no outdoor operations.
 Distribution facilities, including, but not limited to, bottled water, food products, prepacked goods, and machinery.

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Parcel 2: Approximately 9 acres of the site is proposed to be devoted to outdoor storage and parking area of the off-site construction mobile units on the property zoned M-2 (Heavy Manufacturing).

Outdoor Storage Area
From the assembly facility, the units ready for rental will be shifted to the outdoor storage and parking area until return to rental use.

M-2 (Heavy Manufacturing Zone)
Pursuant to Section 80-893 of the Hemet Municipal Code, similar and compatible permitted uses within the M-2 (Heavy Manufacturing Zone) include:
 Recreational vehicle storage.
 Storage yard for contractor equipment and materials.
 Equipment Rental
Therefore, the proposed use and its operation are compatible with the uses permitted in the zone.

3. The proposed use is similar to one or more uses in the zone.

Finding: Similar uses permitted in the C-M (Commercial Manufacturing) zone include, Manufacture, assembly, display, and sales of modular homes; Manufactured home sales with or without on-site display of models and inventory; Assembly of small electronics, cabinets, furniture, equipment, and similar materials with no outdoor storage or operations; Miscellaneous manufacturing—Light. (e.g., jewelry, office supplies, cosmetics, sporting goods) with no outdoor storage or operations; Machine shop with no outdoor operations; Distribution facilities, including, but not limited to bottled water, food products, prepacked goods, and machinery.

Additionally, similar permitted uses in the M-2 (Heavy Manufacturing) zone include recreational vehicle storage, storage yard for contractor equipment and rentals, and miscellaneous equipment rentals.

Therefore, the proposed use is similar to one or more uses in the zone.

DISCUSSION:

Recommendation
Based on the determination of use, the following amendments to the zoning code are proposed.

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STRATEGIC PLAN INTEGRATION:

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 2: Increase transparency for the public.

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

Objective 3: Develop programs to offer support to the community's businesses.

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

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

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FISCAL IMPACT:

No Fiscal Impact.

ATTACHMENT(S):

Aerial Map
Zoning Map
General Plan Map
ARTICLE_XXX.___MANUFACTURING_ZONES (Strike-Through) DRAFT Recommendation ARTICLE_XXVI.___COMMERCIAL_ZONES (Strike-Through) DRAFT Recommendation

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Determination of Use 23-001
Pacific Mobile Structures, Inc. Aerial Map
Project Site

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