243
OMB Guidance Pt. 200, App. VII
records retention requirements contained in
§ 200.334.
b. A governmental department or agency
unit that receives more than $35 million in
direct Federal funding must submit its indi-
rect cost rate proposal to its cognizant agen-
cy for indirect costs. Other governmental de-
partment or agency must develop an indirect
cost proposal in accordance with the require-
ments of this Part and maintain the proposal
and related supporting documentation for
audit. These governmental departments or
agencies are not required to submit their
proposals unless they are specifically re-
quested to do so by the cognizant agency for
indirect costs. Where a non-Federal entity
only receives funds as a subrecipient, the
pass-through entity will be responsible for
negotiating and/or monitoring the subrecipi-
ent’s indirect costs.
c. Each Indian tribal government desiring
reimbursement of indirect costs must submit
its indirect cost proposal to the Department
of the Interior (its cognizant agency for indi-
rect costs).
d. Indirect cost proposals must be devel-
oped (and, when required, submitted) within
six months after the close of the govern-
mental unit’s fiscal year, unless an exception
is approved by the cognizant agency for indi-
rect costs. If the proposed central service
cost allocation plan for the same period has
not been approved by that time, the indirect
cost proposal may be prepared including an
amount for central services that is based on
the latest federally-approved central service
cost allocation plan. The difference between
these central service amounts and the
amounts ultimately approved will be com-
pensated for by an adjustment in a subse-
quent period.
2. Documentation of Proposals
The following must be included with each
indirect cost proposal:
a. The rates proposed, including subsidiary
work sheets and other relevant data, cross
referenced and reconciled to the financial
data noted in subsection b. Allocated central
service costs will be supported by the sum-
mary table included in the approved central
service cost allocation plan. This summary
table is not required to be submitted with
the indirect cost proposal if the central serv-
ice cost allocation plan for the same fiscal
year has been approved by the cognizant
agency for indirect costs and is available to
the funding agency.
b. A copy of the financial data (financial
statements, comprehensive annual financial
report, executive budgets, accounting re-
ports, etc.) upon which the rate is based. Ad-
justments resulting from the use of
unaudited data will be recognized, where ap-
propriate, by the Federal cognizant agency
for indirect costs in a subsequent proposal.
c. The approximate amount of direct base
costs incurred under Federal awards. These
costs should be broken out between salaries
and wages and other direct costs.
d. A chart showing the organizational
structure of the agency during the period for
which the proposal applies, along with a
functional statement(s) noting the duties
and/or responsibilities of all units that com-
prise the agency. (Once this is submitted,
only revisions need be submitted with subse-
quent proposals.)
3. Required certification.
Each indirect cost rate proposal must be
accompanied by a certification in the fol-
lowing form:
C
ERTIFICATE OF INDIRECT COSTS
This is to certify that I have reviewed the
indirect cost rate proposal submitted here-
with and to the best of my knowledge and
belief:
(1) All costs included in this proposal [iden-
tify date] to establish billing or final indi-
rect costs rates for [identify period covered
by rate] are allowable in accordance with the
requirements of the Federal award(s) to
which they apply and the provisions of this
Part. Unallowable costs have been adjusted
for in allocating costs as indicated in the in-
direct cost proposal
(2) All costs included in this proposal are
properly allocable to Federal awards on the
basis of a beneficial or causal relationship
between the expenses incurred and the agree-
ments to which they are allocated in accord-
ance with applicable requirements. Further,
the same costs that have been treated as in-
direct costs have not been claimed as direct
costs. Similar types of costs have been ac-
counted for consistently and the Federal
Government will be notified of any account-
ing changes that would affect the predeter-
mined rate.
I declare that the foregoing is true and cor-
rect.
Governmental Unit: lllllllllllll
Signature: llllllllllllllllll
Name of Official: llllllllllllll
Title: llllllllllllllllllll
Date of Execution: lllllllllllll
E. N
EGOTIATION AND APPROVAL OF RATES
1. Indirect cost rates will be reviewed, ne-
gotiated, and approved by the cognizant
agency on a timely basis. Once a rate has
been agreed upon, it will be accepted and
used by all Federal agencies unless prohib-
ited or limited by statute. Where a Federal
awarding agency has reason to believe that
special operating factors affecting its Fed-
eral awards necessitate special indirect cost
rates, the funding agency will, prior to the
time the rates are negotiated, notify the cog-
nizant agency for indirect costs.
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2 CFR Ch. II (1–1–21 Edition) Pt. 200, App. VIII
2. The use of predetermined rates, if al-
lowed, is encouraged where the cognizant
agency for indirect costs has reasonable as-
surance based on past experience and reli-
able projection of the non-Federal entity’s
costs, that the rate is not likely to exceed a
rate based on actual costs. Long-term agree-
ments utilizing predetermined rates extend-
ing over two or more years are encouraged,
where appropriate.
3. The results of each negotiation must be
formalized in a written agreement between
the cognizant agency for indirect costs and
the governmental unit. This agreement will
be subject to re-opening if the agreement is
subsequently found to violate a statute, or
the information upon which the plan was ne-
gotiated is later found to be materially in-
complete or inaccurate. The agreed upon
rates must be made available to all Federal
agencies for their use.
4. Refunds must be made if proposals are
later found to have included costs that (a)
are unallowable (i) as specified by law or reg-
ulation, (ii) as identified in § 200.420, or (iii)
by the terms and conditions of Federal
awards, or (b) are unallowable because they
are clearly not allocable to Federal awards.
These adjustments or refunds will be made
regardless of the type of rate negotiated
(predetermined, final, fixed, or provisional).
F. O
THER POLICIES
1. Fringe Benefit Rates
If overall fringe benefit rates are not ap-
proved for the governmental unit as part of
the central service cost allocation plan,
these rates will be reviewed, negotiated and
approved for individual recipient agencies
during the indirect cost negotiation process.
In these cases, a proposed fringe benefit rate
computation should accompany the indirect
cost proposal. If fringe benefit rates are not
used at the recipient agency level (i.e., the
agency specifically identifies fringe benefit
costs to individual employees), the govern-
mental unit should so advise the cognizant
agency for indirect costs.
2. Billed Services Provided by the Recipient
Agency
In some cases, governmental departments
or agencies (components of the govern-
mental unit) provide and bill for services
similar to those covered by central service
cost allocation plans (e.g., computer cen-
ters). Where this occurs, the governmental
departments or agencies (components of the
governmental unit)should be guided by the
requirements in Appendix V relating to the
development of billing rates and documenta-
tion requirements, and should advise the
cognizant agency for indirect costs of any
billed services. Reviews of these types of
services (including reviews of costing/billing
methodology, profits or losses, etc.) will be
made on a case-by-case basis as warranted by
the circumstances involved.
3. Indirect Cost Allocations Not Using Rates
In certain situations, governmental de-
partments or agencies (components of the
governmental unit), because of the nature of
their Federal awards, may be required to de-
velop a cost allocation plan that distributes
indirect (and, in some cases, direct) costs to
the specific funding sources. In these cases, a
narrative cost allocation methodology
should be developed, documented, main-
tained for audit, or submitted, as appro-
priate, to the cognizant agency for indirect
costs for review, negotiation, and approval.
4. Appeals
If a dispute arises in a negotiation of an in-
direct cost rate (or other rate) between the
cognizant agency for indirect costs and the
governmental unit, the dispute must be re-
solved in accordance with the appeals proce-
dures of the cognizant agency for indirect
costs.
5. Collection of Unallowable Costs and
Erroneous Payments
Costs specifically identified as unallowable
and charged to Federal awards either di-
rectly or indirectly will be refunded (includ-
ing interest chargeable in accordance with
applicable Federal cognizant agency for indi-
rect costs regulations).
6. OMB Assistance
To the extent that problems are encoun-
tered among the Federal agencies or govern-
mental units in connection with the negotia-
tion and approval process, OMB will lend as-
sistance, as required, to resolve such prob-
lems in a timely manner.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75889, Dec. 19, 2014; 85 FR 49581, Aug. 13,
2020]
APPENDIX VIII TO PART 200— N ON-
PROFIT ORGANIZATIONS EXEMPTED
FROM SUBPART E OF PART 200
1. Advance Technology Institute (ATI),
Charleston, South Carolina
2. Aerospace Corporation, El Segundo, Cali-
fornia
3. American Institutes of Research (AIR),
Washington, DC
4. Argonne National Laboratory, Chicago, Il-
linois
5. Atomic Casualty Commission, Wash-
ington, DC
6. Battelle Memorial Institute,
Headquartered in Columbus, Ohio
7. Brookhaven National Laboratory, Upton,
New York
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17.A
245
OMB Guidance Pt. 200, App. XII
8. Charles Stark Draper Laboratory, Incor-
porated, Cambridge, Massachusetts
9. CNA Corporation (CNAC), Alexandria, Vir-
ginia
10. Environmental Institute of Michigan,
Ann Arbor, Michigan
11. Georgia Institute of Technology/Georgia
Tech Applied Research Corporation/Geor-
gia Tech Research Institute, Atlanta,
Georgia
12. Hanford Environmental Health Founda-
tion, Richland, Washington
13. IIT Research Institute, Chicago, Illinois
14. Institute of Gas Technology, Chicago, Il-
linois
15. Institute for Defense Analysis, Alexan-
dria, Virginia
16. LMI, McLean, Virginia
17. Mitre Corporation, Bedford, Massachu-
setts
18. Noblis, Inc., Falls Church, Virginia
19. National Radiological Astronomy Observ-
atory, Green Bank, West Virginia
20. National Renewable Energy Laboratory,
Golden, Colorado
21. Oak Ridge Associated Universities, Oak
Ridge, Tennessee
22. Rand Corporation, Santa Monica, Cali-
fornia
23. Research Triangle Institute, Research
Triangle Park, North Carolina
24. Riverside Research Institute, New York,
New York
25. South Carolina Research Authority
(SCRA), Charleston, South Carolina
26. Southern Research Institute, Bir-
mingham, Alabama
27. Southwest Research Institute, San Anto-
nio, Texas
28. SRI International, Menlo Park, California
29. Syracuse Research Corporation, Syra-
cuse, New York
30. Universities Research Association, Incor-
porated (National Acceleration Lab), Ar-
gonne, Illinois
31. Urban Institute, Washington DC
32. Nonprofit insurance companies, such as
Blue Cross and Blue Shield Organizations
33. Other nonprofit organizations as nego-
tiated with Federal awarding agencies
[78 FR 78608, Dec. 26, 2013, as amended at 85
FR 49582, Aug. 13, 2020]
APPENDIX IX TO PART 200—H OSPITAL
COST PRINCIPLES
Based on initial feedback, OMB proposes to
establish a review process to consider exist-
ing hospital cost determine how best to up-
date and align them with this Part. Until
such time as revised guidance is proposed
and implemented for hospitals, the existing
principles located at 45 CFR Part 75 Appen-
dix E, entitled ‘‘Principles for Determining
Cost Applicable to Research and Develop-
ment Under Grants and Contracts with Hos-
pitals,’’ remain in effect.
[78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75889, Dec. 19, 2014]
APPENDIX X TO PART 200—D ATA
COLLECTION FORM (FORM SF–SAC)
The Data Collection Form SF–SAC is
available on the FAC Web site.
APPENDIX XI TO PART 200—C OMPLIANCE
SUPPLEMENT
The compliance supplement is available on
the OMB website.
[85 FR 49582, Aug. 13, 2020]
APPENDIX XII TO PART 200—A WARD
TERM AND CONDITION FOR RECIPIENT
INTEGRITY AND PERFORMANCE MAT-
TERS
A. REPORTING OF MATTERS RELATED TO
RECIPIENT INTEGRITY AND PERFORMANCE
1. General Reporting Requirement
If the total value of your currently active
grants, cooperative agreements, and procure-
ment contracts from all Federal awarding
agencies exceeds $10,000,000 for any period of
time during the period of performance of this
Federal award, then you as the recipient dur-
ing that period of time must maintain the
currency of information reported to the Sys-
tem for Award Management (SAM) that is
made available in the designated integrity
and performance system (currently the Fed-
eral Awardee Performance and Integrity In-
formation System (FAPIIS)) about civil,
criminal, or administrative proceedings de-
scribed in paragraph 2 of this award term
and condition. This is a statutory require-
ment under section 872 of Public Law 110–417,
as amended (41 U.S.C. 2313). As required by
section 3010 of Public Law 111–212, all infor-
mation posted in the designated integrity
and performance system on or after April 15,
2011, except past performance reviews re-
quired for Federal procurement contracts,
will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about
each proceeding that:
a. Is in connection with the award or per-
formance of a grant, cooperative agreement,
or procurement contract from the Federal
Government;
b. Reached its final disposition during the
most recent five-year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a
conviction, as defined in paragraph 5 of this
award term and condition;
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17.A
246
2 CFR Ch. II (1–1–21 Edition) Pt. 200, App. XII
(2) A civil proceeding that resulted in a
finding of fault and liability and payment of
a monetary fine, penalty, reimbursement,
restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as de-
fined in paragraph 5. of this award term and
condition, that resulted in a finding of fault
and liability and your payment of either a
monetary fine or penalty of $5,000 or more or
reimbursement, restitution, or damages in
excess of $100,000; or
(4) Any other criminal, civil, or adminis-
trative proceeding if:
(i) It could have led to an outcome de-
scribed in paragraph 2.c.(1), (2), or (3) of this
award term and condition;
(ii) It had a different disposition arrived at
by consent or compromise with an acknowl-
edgment of fault on your part; and
(iii) The requirement in this award term
and condition to disclose information about
the proceeding does not conflict with appli-
cable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area
the information that SAM requires about
each proceeding described in paragraph 2 of
this award term and condition. You do not
need to submit the information a second
time under assistance awards that you re-
ceived if you already provided the informa-
tion through SAM because you were required
to do so under Federal procurement con-
tracts that you were awarded.
4. Reporting Frequency
During any period of time when you are
subject to the requirement in paragraph 1 of
this award term and condition, you must re-
port proceedings information through SAM
for the most recent five year period, either
to report new information about any pro-
ceeding(s) that you have not reported pre-
viously or affirm that there is no new infor-
mation to report. Recipients that have Fed-
eral contract, grant, and cooperative agree-
ment awards with a cumulative total value
greater than $10,000,000 must disclose semi-
annually any information about the crimi-
nal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condi-
tion:
a. Administrative proceeding means a non-
judicial process that is adjudicatory in na-
ture in order to make a determination of
fault or liability ( e.g., Securities and Ex-
change Commission Administrative pro-
ceedings, Civilian Board of Contract Appeals
proceedings, and Armed Services Board of
Contract Appeals proceedings). This includes
proceedings at the Federal and State level
but only in connection with performance of a
Federal contract or grant. It does not in-
clude audits, site visits, corrective plans, or
inspection of deliverables.
b. Conviction, for purposes of this award
term and condition, means a judgment or
conviction of a criminal offense by any court
of competent jurisdiction, whether entered
upon a verdict or a plea, and includes a con-
viction entered upon a plea of nolo
contendere.
c. Total value of currently active grants,
cooperative agreements, and procurement
contracts includes—
(1) Only the Federal share of the funding
under any Federal award with a recipient
cost share or match; and
(2) The value of all expected funding incre-
ments under a Federal award and options,
even if not yet exercised.
B. [Reserved]
[80 FR 43310, July 22, 2015, as amended at 85
FR 49582, Aug. 13, 2020]
PARTS 201–299 [RESERVED]
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17.A
14 ATTACHMENT C CONTINUED
FEDERAL PROVISIONS
Should funding be allocated through American Rescue Plan Act (ARPA; (Title VI of the Social Security Act Section 602 et seq.), the COUNTY will administer and distribute those funds in accordance with ARPA. ARPA requires that payments from the Coronavirus Fiscal Recovery Fund be used to respond to the public health emergency or its negative economic impacts, to respond to workers performing essential work during the COVID -19 public health emergency by providing premium pay, provide government services to the extent the reduction of revenue due to COVID-19 public health emergency, and to make necessary investments in water, sewer or broadband infrastructure. It is effective beginning May 17, 2021 and ends on December 31, 2026.
Subrecipient acknowledges and agrees that this Agreement is subject to the federal requirements, including but not limited to the federal provisions provided below:
1. NON-DISCRIMINATION. Subrecipient shall not be discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of ethnic group identification, race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq), the Federal Civil Rights Act of 1964 (P.L. 88- 352), the Americans with Disabilities Act of 1990 (42 U.S.C. S1210 e t seq.) and all other applicable laws or regulations.
2. EQUAL EMPLOYMENT OPPORTUNITY/ FAIR EMPLOYMENT PRACTICES/ FEDERAL PROVISIONS. During the performance of this Agreement, the Subrecipient shall not deny benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disa bility, medical condition, marital status, age, or sex. Subrecipient shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
A. Subrecipient shall comply with the provisions of the Fair Empl oyment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Executive Order 11246 of Sept. 23, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor, the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135- 11139.8), and of the rules, regulations or standards adopted by the County to implement such article.
B. The Subrecipient shall comply with the provisions of the Copeland “Anti-Kickback” Act, 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Agreement.
3. CLEAN AIR ACT. The Subrecipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq.
The Subrecipient agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the California
17.A
15 Governor's Office of Emergency Services, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. The Subrecipient agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
4. FEDERAL WATER POLLUTION CONTROL ACT
The Subrecipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. Sections 1251 et seq.
The Subrecipient agrees to report each violation to the County a nd understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
The Subrecipient agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
5. DEBARMENT AND SUSPENSION CLAUSE
This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Subrecipient is required to verify that none of the Subrecipient, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The Subrecipient must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the County. If it is later determined that the Subrecipient did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
6. BYRD ANTI- LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED)
Subrecipients who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the County.
APPENDIX A, 44 C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING
The undersigned [Subrecipient] certifies, to the best of his or her knowledge, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
17.A
16 with the awarding of any Federal con tract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Subrecipient certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
SUBRECIPIENT
By
Date
7. PROCUREMENT OF RECOVERED MATERIALS
In the performance of this Agreement, the Subrecipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired A. Competitively within a timeframe providing for compliance with the contract performance schedule;
B. Meeting contract performance requirements; or
C. At a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive - procurement-guideline-cpg-program
The Subrecipient also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
8. ACCESS TO RECORDS
The following access to records requirements apply to this Agreement:
A. The Subrecipient agrees to provide the County, the FEMA Administrator, the Comptroller General of t he United States, or any of their authorized representatives access to any books, documents, papers, and records of the Subrecipient which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions B. The Subrecipient agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
17.A
17 C. The Subrecipient agrees to provide the FEMA Administrator or his or her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
D. In compliance with the Disaster Recovery Act of 2018, the County and the Subrecipient acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
9. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO, FLAGS
The Subrecipient shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
10. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Subrecipient will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
11. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The Subrecipient acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Subrecipient’s actions pertaining to this Agreement.
13. FEDERAL PREVAILING WAGE
DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation)
To the extent required by any Federal grant programs applicable to expected funding or reimbursement expenses incurred in connection with the services provided under this Agreement, Subrecipient agrees to comply with the Davis -Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below.
A. The Subrecipient shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp . Additionally, wages are required to be paid not less than once a week.
B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov. Under the Davis Bacon heading, click on “Selecting DBA WDs.” In the drop down menu
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18 for State, select, “California.” In the drop down menu for County, select “Riverside.” In the drop down menu for Construction Type, make the appropriate selection. Then, click Search.
The Federal minimum wage rates for this project are predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California DIR for similar classifications of labo r, the Subrecipient and subcontractors shall pay not less than the higher wage rate. The County will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Subrecipient and subcontractors, the Subrecipient and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.
14. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence)
A. Compliance: Subrecipient agrees that it shall comply with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701–3708) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.
B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of paragraph B of this section, the Subrecipient and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Subrecipient and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by paragraph B.
D. Withholding for unpaid wages and liquidated damages: Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.
E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.
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19 15. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT — Contracts or agreements for the performance of experimental, developmental, or research work shall p rovide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.
16. RIGHTS TO DATA AND COPYRIGHTS – Subrecipients and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).
17. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS
EQUIPMENT OR SERVICES
A. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405- 143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause— B. Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause appli es, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv)Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
C. Exceptions.
(1) This clause does not prohibit contractors from providing— a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or
b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
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20 (2) By necessary implication and regulation, the prohibitions also do not apply to:
a. Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
D. Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Subrecipient shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification:
The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. Page 10
E. Subcontracts. The Subrecipient shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
18. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE A. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the reci pient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended ( 41 U.S.C. 2313). As required by section 3010 of Public Law 111-
212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and
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21 c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of t his award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;
(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
C. Reporting Procedures
Enter in the SAM Entity Management area the information that S AM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.
D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceedi ng(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.
E. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a deter mination of fault or liability ( e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and Sta te level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes - (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.
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22 Attachment D – Indemnification and Insurance Requirements
INDEMNIFICATION
A. Basic Indemnity
1. To the fullest extent permitted by applicable law, Subrecipient agrees to indemnify, hold harmless and defend the County of Riverside, its Agencies, Districts, Departments and Special Districts, Board of Supervisors, elected and appointed officials, and ea ch of their respective directors, members officers, employees, agents, volunteers and representatives ("Indemnitees") and each of them from any and all Losses that arise out of or relate to any act or omission constituting ordinary and not professional negligence (including, without limitation, negligent breach of contract), recklessness, or willful misconduct on the part of Subrecipient or its subconsultants or their respective employees, agents, representatives, or independent contractors.
2. "Losses" shall mean any and all economic and non- economic losses, costs, liabilities, claims, damages, actions, judgements, settlements and expenses, including, without limitation, full and actual attorney's fees (including, without limitation, attorney's fees for trial and on appeal), expert and non-expert witness fees, arbitrator and arbitration fees and mediator and mediation fees.
3. Subrecipient further agrees to and shall indemnify and hold harmless the Indemnitees from all liability arising from suits, claims, demands, actions, or proceedings made by agents, employees or subcontractors of Subrecipient for salary, wages, compensation, health benefits, insurance, retirement or any other benefit not explicitly set forth in this Agreement and arising out of work performed for County pursuant to this Agreement. The Indemnitees shall be entitled to the defense and indemnification provided for hereunder regardless of whether the Loss is in part caused or contributed to by the acts or omissions of an Indemnitee or any other person or entity; provided however, that nothing contained herein shall be construed as obligating Subrecipient to indemnify and hold harmless any Indemnitee to the extent not required under the provisions of Paragraph B below.
B. Indemnity for Design Professionals
1. To the fullest extent permitted by Applicable Law, Subrecipient agrees to defend (through legal counsel reasonably acceptable to County), indemnify and hold harmless the Indemnitees, and each of them, against any and all Losses that arise out of, pertain to, or relate to, any negligence, recklessness or willful misconduct constituting professional negligence on the part of Subrecipient or its Subconsultants, or their respective employees, agents, representatives, or independent contractors. The Indemnitees shall be entitled to the defense, and indemnification provided for hereunder regardless of whether the Loss is, in part, caused or contributed to by the acts or omissions of an Indemnitee or any other person or entity; provided, however, that nothing contained herein shall be construed as obligating Subrecipient to indemnify and hold harmless any Indemnitee to the extent not required under the provisions of this section. Subrecipient shall defend and pay, all costs and fees, including but not limited to attorney fees, cost of investigation, and defense, in any loss, suits, claims, demands, actions, or proceedings to the extent and in proportion to the percentage, such costs and fees arise out of, pertain to, or relate to the negligence, recklessness o r willful misconduct of Subrecipient arising out of or from the performance of professional design services under this Agreement. The duty to defend applies to any alleged or actual negligence, recklessness, willful misconduct of Subrecipient . The cost f or defense shall apply whether or not Subrecipient is a party to the lawsuit and shall apply whether or not Subrecipient is directly liable to the plaintiffs in the lawsuit. The duty to defend applies even if Indemnitees are alleged or found to be actively negligent, but only in proportion to the percentage of fault or negligence of Subrecipient.
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23 2. Without affecting the rights of County under any other provision of this Agreement, Subrecipient shall not be required to indemnify or hold harmless or provide defense or defense costs to an Indemnitee for a loss due to that Indemnitee's negligence, recklessness or willful misconduct; provided, however, that such negligence, recklessness or willful misconduct has been determined by agreement of Subrecipient and Indemnitee or has been adjudged by the findings of a court of competent jurisdiction.
C. Subrecipient agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this section from each and every Subconsultant, of every Tier.
D. Subrecipient's indemnification obligations under this Agreement shall not be limited by the amount or type of damages, compensation or benefits payable under any policy of insurance, workers' compensation acts, disability benefit acts or other employee benefit acts.
E. The Indemnitees shall be entitled to recover their attorneys' fees, costs and expert and consultant costs in pursuing or enforcing their right to defense and/or indemnification under this Agreement.
INSURANCE REQUIREMENTS
Without limiting or diminishing the Subrecipient’s obligation to indemnify or hold the County harmless, Subrecipient shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, the County herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
A. Workers’ Compensation: If the Subrecipient has employees as defined by the State of California, the Subrecipient shall maintain statutory Workers Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.
B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of Subrecipient’s performance of its obligations hereunder. Policy shall name the County as Additional Insured. Policy’s limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County as Additional Insureds.
C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then Subrecipient shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County as Additional Insureds.
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24 D. Professional Liability : Subrecipient shall maintain Professional Liability Insurance providing coverage for the Subrecipient ’s performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Subrecipient ’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and Subrecipient shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactiv e date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that Subrecipient has Maintained continuous coverage with the same or original insurer. Coverage provi ded under items 1), 2), or 3) will continue as long as the law allows. Policy shall name the County as Additional Insureds.
E. General Insurance Provisions - All lines:
1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
2. The Subrecipient must declare its insurance self-insured retention for each coverage required herein. If any such self -insured ret ention exceed $500,000 per occurrence each such retention shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self -insured retention unacceptable to the County, and at the election of the County’s Risk Manager, Subrecipient’s carriers shall either; 1) reduce or eliminate such self -insured retention as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
3. Subrecipient shall cause Subrecipient’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If Subrecipient insurance carrier(s) policies does not meet the minimum notice requirement found herein, Subrecipient shall cause Subrecipient’s insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
4. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and
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25 original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Subrecipient shall not commence operations until the Count y has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
5. It is understood and agreed to by the parties hereto that the Subrecipient’s insurance shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self- insured retentions or self-insured programs shall not be construed as contributory.
6. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the County reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the County Risk Management's reasonable judgment, the amount or type of insurance carried by the Subrecipient has become inadequate.
7. Subrecipient shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
8. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the County.
9. Subrecipient agrees to notify County of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement
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26 Attachment E - Project Monitoring Requirements
Quarterly Progress Reports shall be submitted on the 21 st of the month following the previous quarter. Quarterly reports shall be sent via e-mail to [email protected]. The quarterly report shall include a brief description of the work performed during the reporting period, including photographs, construction status, milestones achieved, financial status report including cost incurred to date, cash flow projections, schedule updates , and any problems encountered in the performance of the work under this Agreement. The progress pay estimate for the reporting period shall be included as part of the quarterly progress report submittal.
In addition to the above, project schedule and cashflow projection updates shall be emailed to the County on a monthly basis.
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27 Attachment F - Construction Requirements
Subrecipient shall:
1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of Infrastructure Projects.
2. To the extent that it has not already done so, the Subrecipient shall prepare or cause plans and specifications ("Plans") to be prepared for the Infrastructure Projects prior to advertising Infrastructure Projects for construction bids.
3. Provide County a copy of the engineering design cost proposal and associated design schedule for the Infrastructure Projects.
4. Advertise and award a public works construction contract for the Infrastructure Projects and begin construction per the schedules included in Attachment A of this Agreement.
5. Prior to advertising Infrastructure Projects for public works construction contract, obtain all necessary permits, approvals, or agreements as may be required by any federal, state and local resource or regulatory agencies pertaining to the construction, operation and maintenance of Infrastructure Project. Assume sole responsibility for compliance with the requirements of all regulatory permits, including any amendments thereto, pertaining to the construction, operation and maintenance of Infrastructure Projects.
6. Implement or cause to be implemented, all environmental mitigation required in association with the construction, operation and maintenance of Infrastructure Projects.
7. Prior to advertising Infrastructure Projects for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits, and temporary constr uction easements as may be needed to construct, operate and maintain the Infrastructure Projects.
8. Advertise, award and administer a public works construction contract for the Infrastructure Projects pursuant to the provisions of applicable laws for public works of improvements, including but not limited to the California Public Contract Code, Government Code and Labor Code.
9. Certify and cause its contractor to certify, that it is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Subrecipient and its Contractor are required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N -6-22, located at
https://www.gov.ca.gov/wp-
content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf a nd the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-i
ssues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions). The Subrecipient and its Contractor are required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all parties with one or more agreements with the State of California, the County of Riverside, or any other local agency, with a value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in these documents, failure to
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28 comply with the economic sanctions and all applicable reporting requirements may result in disqualification or termination of the Construction Agreement, if awarded.
For parties and contractors with an agreement value of Five Million Dollars ($5,000,000) or more with the State of California, the County of Riverside, or any other local agency, reporting requirements include, but are not limited to, information related to steps taken in respo nse to Russia’s actions in Ukraine, including but not limited to:
a. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;
b. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and
c. Direct support to the government and people of Ukraine.
To comply with this requirement, please insert y our name and Federal ID Number (if available) on the Certification Form attached hereto , execute by a duly authorized representative for the contractor and return to the County.
10. The Subrecipient shall require, and the specifications, bid and contract documents shall require all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Infrastructure Projects, to pay at least general prevailing wage rates to all workers employed in the execution of the contract, to post a copy of the general prevailing wage rates at the job- site in a conspicuous place available to all employe es and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code and applicable laws relating to general prevailing wage rates.
11. Each contractor engaged to perform work on the Infrastructure Projects shall be required to
furnish (i) labor and material payment bonds, and (ii) contract performance bonds, each in an amount equal to 100% of the contract price naming the Subrecipient as obligee and issued by a California admitted surety which complies with the provisions of Section 995.660 of the California Code of Civil Procedure.
12. Provide County with written notice that Subrecipient has awarded a public works construction contract for each Infrastructure Project. The written notice shall include the Contractor's actual bid amounts for each Infrastructure Project, setting forth herein the lowest responsible bid contract amount.
13. Prior to commencing any Infrastructure Project construction, provide to County:
a. A construction schedule which shall show the order and dates in which Subrecipient or Subrecipient’s contractor proposes to carry on the various parts of work, including estimated start and completion dates, and
b. A confined space procedure specific to Infrastructure Projects. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Section 5156 et seq. and County's Confined Space Procedures, SOM-18.
14. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working
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29 environment for all working on the site.
15. Order the relocation of all utilities within Subrecipient rights of way which conflict with the construction of Infrastructure Projects and whic h must be relocated at the expense of who may have superior property rights.
16. Procure or caused to be procured insurance coverages during the term of this Agreement. Subrecipient shall require its Infrastructure Projects construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to Subrecipient issuing a Notice to Proceed to its construction contractor(s) to begin construction of Infrastructure Project, an original certificate of insurance evidencing the required insurance coverage shall be provided to C ounty. At minimum, the procured insurance coverages should adhere to the C ounty’s required insurance provided in Attachment D to this Agreement.
17. Construct, or cause to be constructed, Infrastructure Project pursuant to a Subrecipient administered public works construction contract, in accordance with the Plans, and pay all costs associated therewith.
18. Inspect each Infrastructure Projects construction or cause each Infrastructure Project's construction to be inspected by its construction manager and pay all costs associated therewith.
19. Provide County with a copy of the Subrecipient's recorded Notice of Completion.
20. Keep an accurate accounting of all Infrastructure Projects cost and provide this accounting to C ounty with Subrecipient’s Notice of Completion. The final accounting of construction cost shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, Subrecipient approved change orders and other such construction contract documents as may be necessary to establish the actual cost of construction for the PLANS.
Subrecipient shall be responsible to pay any amounts in excess of Award amount provided in this Agreement.
21. Refund to C ounty, at the time of providing a Notice of Completion, any unexpended portions of Award amount within thirty (30) days of the Notice of Completion is filed for recordation.
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30 COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA’S ACTIONS
IN UKRAINE
Prior to bidding on, submitting a proposal, or executing a contract, a party/contractor must certify: 1) it is not a target of economic sanctions and 2) in compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any requirements related to the Russian sanctions imposed by the California Governor’s Executive Order N-6-22 issued on March 4, 2022 and under state law, if any.
To comply with this requirement, please insert the party/contractor name and Federal ID Number (if available), complete the information described below and execute by an authorized representative of the contractor.
CERTIFICATION
I, the authorized representative for contractor named below, certify I am duly authorized to execute this certification on behalf of the contractor below, and the contractor identified below has conducted a good faith review of existing contracts. I attest that the contractor is not a target of economic sanctions, and that contractor is in compliance with the economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any requirements related to the Russian sanctions imposed by the California Governor’s Executive Order N-6-22 issued on March 4, 2022 and under state law, if any.
Party/Contractor Name (Printed) Federal ID Number (or n/a) By (Authorized Signature)
Printed Name and Title of Person Signing
Date
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 26 2024
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Staffing and Vehicle Use Agreement with American Medical Response to Provide Emergency Ambulance Transport Response Within the City When Needed
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Staffing and Vehicle Use Agreement with American Medical Response to Provide Emergency Ambulance Transport Response Within the City When Needed.
BACKGROUND:
Emergency Medical Services (EMS) delivery within Riverside County relies on a collaborative partnership between first responders, ambulance transport entities and hospital emergency departments. Within the City of Hemet, the Fire Department serves as the first responder and AMR provides the ambulance transport. Area hospitals such as Hemet Global Medical Center, Loma Linda Medical emergency area of examples are Center, Health University Riverside and Services departments that fulfill the final part of this team effort.
Breakdowns in any one of these areas have an impact on the other two. For example, overcrowded emergency departments result in delays offloading patients from the ambulance to the hospital bed.
This reduces the number of ambulances available for responses and leads to increased response times for other 911 patients needing transport to the hospital.
This situation was exacerbated with the COVID-19 pandemic and saw first responders waiting over an hour for a transport ambulance. Additionally, non-paramedic ambulances were dispatched to many of these calls (approximately 200 in 2022), which required a first responder paramedic to accompany the patient to the hospital. This resulted in an increase in first responders' lack of availability to respond to other medical aids, fires or traffic collisions and impacted emergency response times.
17.B
ANALYSIS:
COVID-19 not only had an impact on hospital capacity, but the limitations on public gatherings putting the paramedic industry behind on training future paramedics. Finding qualified paramedics to staff the ambulances became a consistent problem. AMR had the equipment but would find difficulty staffing at certain times.
On a positive note, the staffing crisis is improving on the ambulance transport side and response times have improved. However, the crisis revealed flaws within the system not only within the City of Hemet, but countywide.
DISCUSSION:
As a result, a number of cities began discussions with AMR to find short-term solutions to shortages in ambulance transport staffing. At this time, the City of Corona and Morongo Fire Department have entered into "safety-net" agreements with AMR. These agreements involve AMR providing the equipment, including the ambulance and the public agency providing the personnel. The cost for these personnel are covered by AMR and result in full reimbursement to the city or agency.
PREVIOUS COUNCIL ACTION:
No previous City Council action.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses
FISCAL IMPACT:
Ultimately, there is no impact to the City General Fund for this agreement. Personnel costs for City employees working on the ambulance would initially be covered by the City and then billed to AMR for 100% cost recovery. This is similar to the Fire Department's Mutual Aid Overtime line item 110- 3241-1325 when Fire personnel respond to large fires across the state. These hours would be tracked in the department's staffing program and reports would be provided for Finance to process.
The overtime rate paid and reimbursed by AMR is based on the City's negotiated salary through collective bargaining with Hemet Fire Fighters Association (HFFA)
17.B
ATTACHMENT(S):
Attachment 1 - AMR Safety Net Resolution
Attachment 2 - Staffing Agreement - AMR - Hemet Rev Final 3-2024
17.B
CITY OF HEMET RESOLUTION NO.
2024-XXX
1 CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF
HEMET, CALIFORNIA,
AUTHORIZING THE CITY
MANAGER TO EXECUTE A
STAFFING AND VEHICLE USE
AGREEMENT WITH AMERICAN
MEDICAL RESPONSE TO
PROVIDE EMERGENCY
AMBULANCE TRANSPORT
RESPONSE WITHIN THE CITY
WHEN NEEDED
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, Emergency Medical Services (EMS)
delivery within Riverside County relies on a collaborative partnership between first responders, ambulance transport entities and hospital emergency departments. Within the City of Hemet, the Fire Department serves as the first responder and AMR provides the ambulance transport. Area hospitals such as Hemet Global Medical Center, Loma Linda Medical Center, and Riverside University Health Services are
examples of area emergency departments that fulfill the final part of this team effort; and
17.B
CITY OF HEMET RESOLUTION NO.
2024-XXX
1 WHEREAS, breakdowns in any one of these areas
have an impact on the other two. For example, overcrowded emergency departments result in delays offloading patients from the ambulance to the hospital bed. This reduces the number of ambulances available for responses and leads to increased response times for other 911 patients needed
transport to the hospital; and
WHEREAS, this situation was exacerbated with the
COVID-19 pandemic and saw first responders waiting over an hour for a transport ambulance. Additionally, non-
paramedic ambulances were dispatched to many of these
calls (approximately 200 in 2022), which required a first responder paramedic to accompany the patient to the
hospital. This resulted in an increase in first responders' lack of availability to respond to other medical aids, fires or traffic collisions; and
WHEREAS, COVID-19 not only had an impact on
hospital capacity, but the limitations on public gatherings put the paramedic industry behind on training future paramedics.
Finding qualified paramedics to staff the ambulances
became a consistent problem. AMR had the equipment but
would find difficulty staffing at certain times; and
17.B
CITY OF HEMET RESOLUTION NO.
2024-XXX
1 WHEREAS, the staffing crisis is improving on the
ambulance transport side and response times have
improved. However, the crisis revealed flaws within the system not only within the City of Hemet, but countywide; and
WHEREAS, a number of cities began discussions
with AMR to find short-term solutions to shortages in
ambulance transport staffing. At this time, the City of Corona and Morongo Fire Department have entered into "safety-net" agreements with AMR. These agreements involve AMR
providing the equipment, including the ambulance and the city providing the personnel. The cost for these personnel is covered by AMR and result in full reimbursement to the city or agency; and
NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF HEMET FINDS, DETERMINES, ORDERS AND
RESOLVES AS FOLLOWS:
1. It is respectfully recommended that the City
Council approve an agreement between the
City through the Fire & Life Safety Agency and
American Medical Response (AMR) to provide
additional paramedic transport capability to the
community when staffing shortages arise.
17.B
CITY OF HEMET RESOLUTION NO.
2024-XXX
1 2. Authorize the City Manager to execute the
agreement and all other documents in support
thereof.
17.B
CITY OF HEMET RESOLUTION NO.
2024-XXX
1 PASSED, APPROVED AND ADOPTED this 12th day
of March, 2024.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.B
CITY OF HEMET RESOLUTION NO.
2024-XXX
1 State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet,
do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of MARCH,
2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
17.B
Rev. 3/2024
STAFFING SERVICES AND VEHICLE USE
AGREEMENT
THIS STAFFING SERVICES AND VEHICLE
USE AGREEMENT (“Agreement”) is made
between the American Medical Response
Ambulance Service, Inc. (“AMR”) and the City of
Hemet, through the Hemet Fire and Life Safety
Agency (“FIRE AGENCY”). This Agreement is
effective as May 1, 2024 (“Commencement Date”).
AMR and FIRE AGENCY are individually referred
to as “Party” and collectively as “Parties” in this
Agreement.
WHEREAS, AMR is the exclusive ambulance
provider for the City of Hemet;
WHEREAS, AMR is in need of qualified and
experienced paramedic personnel (“Personnel”) to
supplement its workforce due to factors outside of
its control including but not limited to staffing
related shortages and industry changes;
WHEREAS, FIRE AGENCY wishes to provide
qualified Personnel and is capable of providing
qualified staff upon request by AMR.
NOW THEREFORE, in consideration of the
foregoing and for other good and valuable
consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as
follows:
1.Services. On a 24/7 basis, FIRE AGENCY,
by mutual agreement between the parties,
may supply qualified personnel to staff an
advanced life support ambulance, supplied
by AMR (the “Services”). FIRE AGENCY
shall be solely responsible for the payment
of any and all wages and benefits to its
Personnel. FIRE AGENCY shall comply
with all AMR operational and billing
requirements, to the extent such
requirements do not conflict with federal,
state, or local laws, regulations, and rules
e.g., technology, ePCR, billing
documentation, compliance policies, any
17.B
Rev. 3/2024
applicable CMS training, and operational
requirements, necessary for AMR to bill and
necessary for AMR to provide ambulance
services. FIRE AGENCY shall timely and
accurately complete electronic patient care
records in accordance with County protocol,
for the purposes of billing. FIRE AGENCY
shall not bill any third parties for the
Services.
2.Ordering of Services. By mutual
agreement of the Parties, AMR shall use
best efforts to request FIRE AGENCY to
provide Personnel forty-eight (48) hours in
advance and FIRE AGENCY shall use best
efforts to timely inform AMR whether
ambulance can be placed into service
according to FIRE AGENCY’s staffing
program (“Telestaff”). FIRE AGENCY shall
only be placed in-service, if available, by
AMR.
3.Compensation. AMR shall reimburse FIRE
AGENCY for the FIRE AGENCY’s direct
costs for each FIRE AGENCY Personnel’s
hourly rate not to exceed the overtime rate
based on the negotiated salary through
collective bargaining with Hemet Fire
Fighters Association (HFFA). The FIRE
AGENCY will provide AMR with a salary
schedule for eligible paramedics and
emergency medical technicians at the
beginning of the contract and within 14 days
of any change that occurs. FIRE AGENCY
shall invoice AMR monthly and AMR shall
pay within forty-five (45) days of receipt of
a properly prepared invoice. AMR shall be
solely responsible to bill any third-party
payers for ambulance transports or other
services and FIRE AGENCY shall not bill
for any services provided by its Personnel.
Any disputes regarding the invoiced
amounts must be resolved in the forty-five
(45) day period. If not resolved within the
specified period to AMR or FIRE
AGENCY’s satisfaction, the invoice shall be
17.B
Rev. 3/2024
paid in full and will be adjusted to reflect the
resolution of disputed amounts.
4.Background Investigation. FIRE
AGENCY warrants and represents that it has
performed a background investigation on
Personnel that provide patient care Services
or drive vehicles. The investigation report
includes the following:
Social Security Number Verification
Criminal Search (7 years or up to 5
criminal searches)
Employment Verification to include
reason for separation and eligibility for
re-employment for each employer for 7
years
OIG List of Excluded
Individuals/Entities
Sex Offender Registry
GSA List of Parties Excluded from
Federal Programs
Department of Motor Vehicle Driving
History
State and Local Licensure Verification
Drug Screen
In accordance with applicable laws and
regulatory requests, FIRE AGENCY shall
provide AMR with a continuing certification
and documentation supporting such
requests.
5.Personnel Certification and Licensure.
FIRE AGENCY shall be responsible for
assuring that retrospectively, prospectively,
17.B
Rev. 3/2024
and concurrently, the proper certification
and or licensure of FIRE AGENCY
personnel, as required by COUNTY, that
staff the AMR ambulance.
6.Equipment and Supplies Use. AMR shall
be responsible for supplying the Vehicle and
AMR agrees to allow FIRE AGENCY to
use the Vehicles with the Vehicle
Identification numbers identified in
Appendix A, during the term of this
Agreement subject to the requirements
identified herein. There shall be no charge
for the equipment.
7.Vehicle Expenses and Maintenance. AMR
shall be solely responsible for all expenses
associated with operating the Equipment.
FIRE AGENCY shall comply with all AMR
maintenance guidelines, processes, and
procedures at its sole costs. FIRE AGENCY
shall invoice AMR for fuel utilized in the
operations of providing service.
8.Equipment Repair/Replacement. FIRE
AGENCY shall be solely responsible for all
repairs to Vehicles that are a result of
negligence or misuse and shall replace
Vehicles that cannot be repaired with an
equivalent unit.
9.Possession of Vehicles and
Equipment. FIRE AGENCY shall not part
with possession or control of the Vehicles
and equipment or sell, pledge, mortgage, or
otherwise encumber the Vehicles and
equipment or otherwise dispose of or
encumber any interest under this Agreement
without the express written consent of
AMR.
10.Return of Vehicles. On the expiration or
termination of this Agreement, FIRE
AGENCY, at its own cost and expense,
shall return the equipment, unencumbered,
and in the same condition as received,
reasonable wear and tear excepted, to AMR
17.B
Rev. 3/2024
or to such address as the AMR may specify
within Riverside County.
11.Risk of Loss. As between AMR and FIRE
AGENCY, FIRE AGENCY assumes all
risks of loss, damage, destruction, or
interference with the use of the equipment
while in Agency possession or control for
any cause.
12.Branding/Logos. The Parties may, by
mutual agreement in writing, affix decals,
logos, or other signage to the Vehicles
during the term of this Agreement.
13.Warranty Disclaimer. AMR IS NEITHER
THE MANUFACTURER OF THE
EQUIPMENT, NOR THE
MANUFACTURER'S AGENT AND
MAKES NO WARRANTY NOR
REPRESENTATION, EXPRESS OR
IMPLIED, REGARDING THE FITNESS,
QUALITY, DESIGN, CONDITION,
CAPAAGENCY, SUITABILITY, OR
PERFORMANCE OF THE EQUIPMENT
OR OF THE MATERIALS OR
WORKMANSHIP IN THE EQUIPMENT
AND IS NOT RESPONSIBLE FOR ANY
REPAIRS, SERVICE, OR DEFECTS IN
THE EQUIPMENT OR ITS OPERATION,
IT BEING AGREED THAT ALL SUCH
RISKS ARE TO BE BORN BY FIRE
AGENCY AT ITS SOLE RISK AND
EXPENSE, AS FIRE AGENCY ITSELF
HAS MADE ITS OWN SELECTION OF
THE EQUIPMENT BASED UPON ITS
OWN JUDGMENT. FIRE AGENCY
ACCORDINGLY SHALL NOT MAKE
ANY CLAIM AGAINST AMR FOR ANY
DEFICIENCY OF THE EQUIPMENT.
FIRE AGENCY FURTHER AGREES,
REGARDLESS OF CAUSE, NOT TO
ASSERT ANY CLAIM AGAINST AMR
FOR CONSEQUENTIAL DAMAGES.
14.Term. The initial term of this
Agreement shall start on the Effective Date
17.B
Rev. 3/2024
and continue month-to-month subject to the
termination rights herein. By mutual
agreement of the Parties, the Term of this
Agreement may be amended or modified
only by a written instrument signed by both
parties.
15.Termination. Either Party may
terminate this Agreement: (a) at any time
without cause and at a Party’s sole
discretion with a minimum of thirty (30)
days written notice to the other Party; or (b)
upon the material breach of this Agreement
by the other Party if such breach is not
cured within seven (7) days of written
notice thereof to the other Party.
16.Confidentiality. Subject to FIRE
AGENCY’s obligations under the
California Public Records Act, all
information with respect to the operations
and business of a Party (including the rates
charged hereunder) and any other
information considered to be and treated as
confidential by that Party gained during the
negotiation or Term of this Agreement will
be held in confidence by the other Party and
will not be divulged to any unauthorized
person without prior written consent of the
other Party, except for access required by
law, regulation and third party
reimbursement agreements.
17.Referrals. It is not the intent of either Party
that any remuneration, benefit or privilege
provided for under this Agreement shall
influence or in any way be based on the
referral or recommended referral by either
Party of patients to the other Party or its
affiliated providers, if any, or the
purchasing, leasing or ordering of any
services other than the specific services
described in this Agreement. Any
payments specified herein are consistent
with what the parties reasonably believe to
be a fair market value for the services
provided.
17.B
Rev. 3/2024
18.Relationship. In the performance of this
Agreement, each Party hereto shall be, as to
the other, an independent contractor and
neither Party shall have the right or
authority, express or implied, to bind or
otherwise legally obligate the other.
Nothing contained in this Agreement shall
be construed to constitute either Party
assuming or undertaking control or
direction of the operations, activities or
medical care rendered by the other. The
Parties administrative staff shall meet on a
regular basis to address issues of mutual
concern related to the provision of Services
and the Parties’ respective rights and
obligations hereunder.
19.Force Majeure. Neither Party shall be
responsible nor liable for any delay in or
failure of performance of this Agreement
resulting from acts of God, riot, war, civil
unrest, natural disaster, labor dispute or
other circumstances not reasonably within
its control.
20.HIPAA. Each Party shall comply with the
privacy and security provisions of the
Health Insurance Portability and
Accountability Act of 1996, the Health
Information Technology for Economic and
Clinical Health Act and the regulations
thereunder (collectively, “HIPAA”). The
Fire Agency shall reasonably assist AMR in
complying with HIPAA, including assisting
AMR in providing AMR’s notice of
privacy practices to Patients prior to non-
emergency transports and as soon as
reasonably possible after emergency
transports, and obtaining an
acknowledgment of delivery of such
notices for non-emergency transports. Each
Party acknowledges and agrees that it is
considered a covered entity under HIPAA.
Accordingly, both Parties are permitted to
use and disclose Protected Health
Information in accordance with HIPAA
without an additional written authorization
17.B
Rev. 3/2024
of the Patient as long as both Parties have a
direct relationship with the Patient. All
Patient medical records shall be treated as
confidential so as to comply with all state
and federal laws.
21.Non-Exclusion. Each Party represents and
certifies that neither it nor any practitioner
who orders or provides Services on its
behalf hereunder has been convicted of any
conduct that constitutes grounds for
mandatory exclusion as identified in 42
U.S.C.§ 1320a-7(a). Each Party further
represents and certifies that it is not
ineligible to participate in Federal health
care programs or in any other state or
federal government payment program.
Each Party agrees that if DHHS/OIG
excludes it, or any of its practitioners or
employees who order or provide Services,
from participation in Federal health care
programs, the Party must notify the other
party within five (5) days of knowledge of
such fact, and the other Party may
immediately terminate this Agreement,
unless the excluded Party is a practitioner
or employee who immediately discontinues
ordering or providing Services hereunder.
22.Notices. Any notice provided pursuant to
this Agreement shall be in writing and shall
be deemed given (1) if by hand delivery,
upon receipt thereof, (2) if mailed within
the United States, 3 days after deposit in the
United States mails, postage prepaid,
certified mail return receipt requested, (3) if
by overnight or similar third-party courier
service, then upon delivery thereof as
confirmed by such service, (4) if by e-mail
transmission, upon written confirmation by
the intended recipient. All notices shall be
sent to the addresses set forth below:
AMR:
Regional Director
American Medical Response
17.B
Rev. 3/2024
Insert Street Address
Insert City, State, Zip
With Mandatory Copy to:
Law Department
American Medical Response, Inc.
6363 S Fiddler’s Green Circle, 14th
Floor
Greenwood Village, Colorado 80111
FIRE AGENCY:
City Manager
City of Hemet
445 E. Florida Ave.
Hemet, CA 92543
23.Indemnification.Each Party will defend,
indemnify, and hold the other Party
harmless from and against all liability,
claims and costs resulting from or alleged
to result from any negligence or willful
misconduct of the indemnifying Party
related to the performance of this
Agreement. In the event of any such claim,
the Party to be indemnified shall provide
notice to the other Party as soon as
reasonably possible.
24.Insurance. FIRE AGENCY shall obtain
and maintain throughout the term of this
Agreement, a program of self-insurance
equivalent to comprehensive automobile
insurance, and comprehensive general
liability insurance and professional liability
insurance all with limits in minimum
amounts as required by the County of
Riverside of $1 million per incident/$3
million per annual aggregate and
workers’ compensation insurance in the
statutory required amounts. FIRE
AGENCY shall also maintain
Professional liability insurance with limits
in minimum amounts as required by the
County of Riverside of $3 million per
17.B
Rev. 3/2024
incident/$10 million per annual aggregate
Coverage for auto physical damage shall be
provided on a “replacement cost” basis per
accident/occurrence. FIRE AGENCY
further agrees that its self-insurance shall
be primary and any insurance that AMR has
shall be non-contributory. FIRE AGENCY
shall provide any endorsements, if needed,
to effectuate this Section and shall provide
AMR proof of those endorsements. Agency
shall be authorized to self-insure for any of
the insurance coverage required herein.
25.Laws and Regulatory. The Parties: (a)
will comply in all material respects with all
applicable federal, state and local laws and
regulations including, the federal Anti-
kickback statute; (b) represent and warrant
that it is not the intent of either party that
any remuneration, benefit or privilege
provided for under this Agreement shall
influence or in any way be based on the
referral or recommended referral by either
Party of patients to the other Party or its
affiliated providers, if any, or the
purchasing, leasing or ordering of any
services other than the specific services
described in this Agreement and any
remuneration set forth in this Agreement is
fair market value and negotiated at arm-
length; (c) will comply with the provisions
under the Health Insurance Portability and
Accountability Act of 1996 and its
regulations; (d) acknowledge that if it is a
cost reporting entity that it has been
informed of, and will fully and accurately
account for, and report on its applicable
cost report, the total value of any discount,
rebate or other compensation paid pursuant
to this Agreement in a way that complies
with all applicable federal, state and local
laws and regulations that establish a “Safe
Harbor” for discounts; (e) represent and
warrant that neither it nor any practitioner
who orders or provides services on its
behalf has been convicted of any conduct
that constitutes grounds for mandatory
17.B
Rev. 3/2024
exclusion under any federal or state law and
each party further represents and warrants
that it is not ineligible to participate in
federal or state health care programs or in
any other federal or state government
payment program; (f) will make available
to the other a copy of its code of conduct,
anti-kickback policies and other compliance
policies, as may be changed from time-to-
time; (g) represents and warrants that
neither it nor any of its officers or directors
have been convicted of a crime against
them for: commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a public
(federal, state, or local) contract or
subcontract; violation of federal or state
antitrust statutes relating to the submission
of offers; commission of embezzlement,
theft, forgery, bribery, falsification or
destruction of records, making false
statements, tax evasion, or receiving stolen
property; (h) represent and warrant that it
and its personnel are and, shall at all times
during the term of this Agreement be,
properly credentialed, licensed, certified
and in good standing in accordance with all
applicable federal, state, and local laws and
regulations; and (i) will notify the other
party immediately but no less than five (5)
days of any actual knowledge contrary to
the requirements set forth in this section.
This Agreement shall not grant or modify
any rights, requirements or obligations
under Cal Health & Saf Code §1797.224.
26. Miscellaneous. This Agreement: (a)
constitutes the entire agreement between
the Parties with respect to the subject
matter, superseding all prior oral or written
agreements with respect to the subject
matter; (b) may be amended only by written
instrument executed by both Parties; (c)
may not be assigned by either Party without
the written consent of the other party
(except to affiliates, parents or
subsidiaries), such consent not to be
17.B
Rev. 3/2024
unreasonably withheld; (d) shall be binding
on and inure to the benefit of the Parties
and their respective successors and
permitted assigns; (e) shall be interpreted
and enforced in accordance with the laws of
the state of California where the services
are rendered, without regard to the conflict
of laws provisions thereof, and the federal
laws of the United States applicable therein
and venue shall be proper in Riverside
County; (f) this Agreement may be
executed in several counterparts (including
by DocuSign or other electronic means),
each of which shall constitute an original
and all of which, when taken together, shall
constitute one agreement; (g) this
Agreement shall not be effective until
executed by both Parties; (h) if any term or
provision of this Agreement is declared to
be illegal, invalid or unenforceable for any
reason whatsoever by a court of competent
jurisdiction, the illegality, invalidity or
unenforceability shall not affect the validity
of the remainder of this Agreement, and to
the extent permitted by applicable law, any
such term or provision shall be restricted in
applicability or reformed to the minimum
extent for such to be enforceable; and (i)
except as otherwise provided herein, no
waiver of any of the provisions of this
Agreement shall be valid or effective unless
in writing and signed by the Parties hereto;
and no waiver of any breach or condition of
this Agreement shall be deemed to be a
continuing waiver or a waiver of any other
breach or condition. The Parties represent
and warrant that they have not relied upon
any prior or contemporaneous writings,
negotiations, proposals, agreements,
communications, discussions or
representations. EACH PARTY HERETO
HEREBY IRREVOCABLY AND
UNCONDITIONALLY WAIVES TRIAL
BY JURY IN ANY SUIT, ACTION OR
PROCEEDING BETWEEN THE
17.B
Rev. 3/2024
PARTIES AND ARISING UNDER THIS
AGREEMENT.
17.B
Rev. 3/2024
By signing below, each Party
acknowledges that they have carefully
read and fully understand this
Agreement. Each Party each fully agrees
to be bound by the terms of this
Agreement.
AMR FIRE AGENCY
By: By:
Print Name: Sean Russell Print Name:
Title: Region President Title:
17.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 26 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Discuss and Provide Direction Regarding Options and Recommendations for Securing the Stetson Channel Storm Drain at Sanderson Avenue and Stetson Avenue; Consideration and Adoption of a Resolution Appropriating a Total Amount of $119,000 from General Fund Reserves for the Design ($29,000) and Construction ($90,000) of the Stetson Channel Gates on the Stetson Channel at Sanderson Avenue
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Appropriating a Total Amount of $119,000 from General Fund Reserves for the Design ($29,000) and Construction ($90,000) of the Stetson Channel Gates on the Stetson Channel on the Upstream and Downstream Ends of the Culvert Crossing Sanderson Avenue.
BACKGROUND:
The Stetson Channel storm drain facility is a trapezoidal concrete channel that is owned and maintained by the Riverside County Flood Control and Water Conservation District (RCFC&WCD), and extends from its upstream point at Palm Avenue to the confluence with the Hemet Channel at the downstream end. A double 12’W x 7’H reinforced concrete box culvert conveys flows within the Stetson Channel from the east side of Sanderson Avenue to approximately 760’ downstream of Sanderson Avenue, and a lateral discharges into the Stetson Channel at Sanderson Avenue.
The existing lateral is currently a City owned and maintained facility, that consists of over 100 linear feet of double 9’W x 5’H reinforced concrete box, which collects flows from a 48” storm drain that extends to the Willowalk development to the south. The 48” storm drain was constructed as part of CIP 5429 – Sanderson Avenue Widening, and only connects to one side of the double 9’H x 5’W reinforced concrete box, and therefore a bulkhead exists on the other side of the double 9’H x 5’H reinforced concrete box.
ANALYSIS:
17.C
The east side of the reinforced concrete box that currently ends in a bulk head has become a location where homeless reside due to the secluded area and lack of storm flows entering the bulk headed lateral. In an effort to secure and keep people from residing within the bulk headed storm drain, one option being proposed is the design and construction of a gate at the downstream point of the lateral at the junction with the Stetson Channel. The gate would prevent any unwanted access and habitation within the lateral, while allowing future access for maintenance purposes.
Due to the length of the Stetson Channel double 12’W x 7’H reinforced concrete box, this area has also become a location where homeless reside, especially in times with little rainfall. Another option would be to construct gates on the upstream and downstream end of the double 12’W x 7’H reinforced concrete box that would prevent unwanted access to the entire structure. This option would require a license agreement with the RCFC&WCD for maintenance of any blockages/debris on the gates, if they were to occur.
The City's Police Department reports a total of 741 calls for service at Page Plaza in 2023 (see Attachment 3 for details on types of calls, year-to-date figures for 2024, and photographs of the laterals). Additionally, the Fire Department reports it has responded to 17 fire related calls and 23 medical calls in this specific location since 2021. Peak habilitation has been estimated at least 25 people. It is expected that reducing unwanted access to this critical storm facility will reduce recurring Police and Fire calls for service and criminal behavior at Page Plaza and in nearby neighborhoods.
DISCUSSION:
It is recommended the City Council Adopt a Resolution of the City Council of the City of Hemet, California, appropriating a total amount of $119,000 from General Fund Reserves for the Design ($29,000) and Construction ($90,000) of Stetson Channel Gates on the Upstream and Downstream Ends of the Culvert Crossing Sanderson Avenue securing the entire structure and coordinate a license agreement with the RCFC&WCD.
PREVIOUS COUNCIL ACTION:
No previous City Council action items have been taken.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
FISCAL IMPACT:
Staff recommends appropriating a total of $119,000 from the General Fund Reserves to the design ($29,000) and construction ($90,000) of the gates on the Stetson Channel.
ALTERNATIVE(S):
17.C
1. Do not approve the allocation of general funds for the design and the construction of the gate.
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1 - Resolution - Stetson Channel Grates
Attachment 2 - Design Proposal
Attachment 3 - Page Plaza - Calls For Service 2023 - 2024
17.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROPRIATING A TOTAL
AMOUNT OF $119,000 FROM GENERAL FUND
RESERVES FOR THE DESIGN ($29,000) AND
CONSTRUCTION ($90,000) OF THE STETSON CHANNEL
GATES ON THE STETSON CHANNEL ON THE
UPSTREAM AND DOWNSTREAM ENDS OF THE
CULVERT CROSSING SANDERSON AVENUE
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the Stetson Channel storm drain facility is owned and maintained by the Riverside County Flood Control and Water Conservation District and extends from Palm Avenue to the Hemet Channel; and
WHEREAS, A double 12’W x 7’H culvert structure conveys flows within the Stetson Channel from the east side to the west side of Sanderson Avenue, and a lateral discharges into this culver at Sanderson Avenue; and
WHEREAS, the existing lateral is currently a City owned and maintained facility that consists of a double 9’H x 5’W reinforced concrete box and a 48” storm drain that extends south; and
WHEREAS, the 48” storm drain was constructed as part of CIP 5429 – Sanderson Avenue Widening and only connects to one side of the double 9’W x 5’H reinforced concrete box with a bulkhead on the other side of the reinforced concrete box; and
17.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, the east side of the double 9’W x 5’H reinforced concrete box with the bulkhead has become a location where the homeless reside due to the secluded area and lack of storm flows entering the bulkheaded lateral; and WHEREAS, due to the length of the Stetson Channel double 12’W x 7’H reinforced concrete box, this area has also become a location where homeless reside, especially in times with little rainfall; and
WHEREAS, an option for preventing unwanted access into the Stetson Channel double 12’W x 7’H reinforced concrete box is to install gates on the upstream and downstream end of the culvert, requiring an agreement with Riverside County Flood Control and Water Conservation District (RCFC&WCD) for maintenance of any blockages /debris on the gates; and
WHEREAS, City staff recommends that the City Council adopt a resolution allocating $28,900 of General Funds for the design of the Stetson Channel gates, and allocate General Funds for the construction of the gates on the Stetson Channel on the upstream and downstream ends of the culvert crossing Sanderson Avenue.
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. The City Council hereby appropriates $119,000 of General Fund Reserves for the design ($29,000) and construction ($90,000) of gates for the Stetson Channel on the upstream and downstream ends of the culvert crossing Sanderson Avenue.
SECTION 3. The resolution shall be effective upon adoption by the City Council.
17.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 26th day of March, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.C
CITY OF HEMET RESOLUTION NO. 2024-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 26th day of March 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
17.C
Jilleen Ferris, P.E.
Deputy Public Works Director/Assistant City Engineer
City of Hemet
445 E. Florida Avenue
Hemet, CA 92543
Re: STETSON CHANNEL AND LINE D PEDESTRIAN GRATE IMPROVEMENT PLANS
Dear Mrs. Ferris,
Thank you for considering JLC Engineering & Consulting, Inc. to provide engineering services for the above-referenced project. Please find enclosed our proposed Scope of Services, Schedule of Fees, Standard Hourly Fee Rate Schedule, and the Consulting Agreement.
If you wish to proceed, please sign, and return the Consulting Agreement. We will require a retainer in the amount of $00.00 and a fully executed copy of the agreement prior to commencing the project.
Please do not hesitate to call if you have any questions. We look forward to working with you.
Sincerely,
JLC Engineering and Consulting, Inc.
Joseph L. Castaneda, P.E.
Principal
JC/mc
NOTICE TO PROCEED
Client Signature _______________________________________
JLC Signature _______________________________________
JC/mc
17.C
STETSON CHANNEL AND LINE D
PEDESTRIAN GRATE IMPROVEMENT PLANS
CITY OF HEMET, CA
SCOPE OF SERVICES
JLC has prepared this proposal to provide design services for the installation of grates to prevent pedestrian access within the flood control storm drain system. The scope assumes that WSPG modelling, and design plans will be required but not to exceed 1,200 feet of modelling. The scope assumes that a grate detail provided by RCFC&WCD will be used in the design. If structural design and analysis is required, this will be per a separate contract.
A. IMPROVEMENT PLAN FOR GRATES FOR LINE D
JLC Engineering will provide an improvement plan for the existing double 9x5 RCB defined as Line D.
The design will provide details and dimensions for the installation of a grate system at the upstream and downstream end of Line D. The design assumes a total of 2-3 sheets.
B. IMPROVEMENT PLAN FOR GRATES FOR STETSON CHANNEL
JLC Engineering will provide an improvement plan for the existing double 12x7 RCB defined as Stetson Channel. The design will provide details and dimensions for the installation of a grate system at the upstream and downstream end RCB. The design assumes a total of 2-3 sheets.
C. SURVEY SUPPORT
JLC will provide a total of 3 days of survey time to obtain data centerline control and elevations to assist in the design of the grates.
D. HYDRAULIC REPORT
JLC will provide a hydraulic report providing the flow area and hydraulic losses with the grate to be used for the existing systems. The hydraulic modelling will be based on existing flow rates provided by approved reports or approved plans.
E. PROJECT MANAGEMENT, MEETINGS AND COORDINATION
JLC Engineering will provide a maximum of twenty-four (24) hours of project management, meetings and coordination time with the client, project team consultants and the County of Riverside required as part of the final engineering process. The forty hours have been provided for budgetary purposes.
It is understood that the Client explicitly understand that project management, meetings, coordination, as well as travel expenses, will be billed on a time and material basis in accordance with the attached hourly fee rate schedule. Should the budgetary hours be exceeded JLC will notify the Client and request a contract amendment for additional hours.
17.C
STETSON CHANNEL AND LINE D
PEDESTRIAN GRATE IMPROVEMENT PLANS
CITY OF HEMET, CA
SCOPE OF SERVICES
FINAL ENGINEERING
A. IMPROVEMENT PLAN FOR GRATES FOR LINE D $5,900.00
B. IMPROVEMENT PLAN FOR GRATES FOR STETSON CHANNEL $9,600.00 C. SURVEY SUPPORT $6,400.00
D. HYDRAULIC REPORT $2,800.00
E. PROJECT MANAGEMENT, MEETINGS AND COORDINATION $4,200.00
TOTAL AUTHORIZED AMOUNT: $28,900.00
17.C
HOURLY FEE RATE SCHEDULE JANUARY 1, 2024
The following rates shall apply to services provided on a time-and material basis. Rates are reflected hourly.
General
President / Principal $175.00
General Administration / Clerical $ 80.00
Civil
Project Manager $140.00
Senior Project Engineer $125.00
Project Engineer $115.00
Design Engineer / Designer $100.00
CADD Designer $ 95.00
Senior CADD Drafter $ 85.00
CADD Drafter $ 75.00
Construction Management
Resident Engineer $125.00
Assistant Resident Engineer $115.00
Field Inspector $ 85.00
Survey
Three Person Survey Crew/GPS Crew $255.00
Two Person Survey Crew / GPS Crew $230.00
One Person Survey / GPS Crew $200.00
Senior Project Manager / Project Manager $135.00
Survey Analyst $110.00
GIS Specialist $95.00
Litigation Consultant / Expert Witness $375.00
Courier Services $ 75.00
REIMBURSABLE EXPENSES
The following expenses will be billed at cost plus 12 %:
Reproduction Services: Includes blueprinting, copying, printing, and plotting.
Rental Equipment and Fees: Any equipment rental and any fees advanced by our firm including plan check and filing fees.
Commercial Delivery Services: Including Express Mail, Federal Express, UPS, and independent courier services.
In-House Pick–Up and Delivery Services: These services provided by our firm will be reimbursed at $55.00 per hour. In addition, mileage will be billed at $.575 per mile with no markup.
Travel Expenses: Mileage to and from the job site will be billed at a rate of $.575 per mile with no markup.
Per Diem: Per diem for overnight stays will be billed at $150.00 per day, per man.
Note: Invoicing will be submitted on a monthly, progressive cycle.
17.C
SANDERSON AVE & STETSON AVE
PAGE PLAZA
17.C
SANDERSON AVE & STETSON AVE
Type of Call 2023 2024 YTD
Shoplifting 225 44
Trespassing 136 58
Suspicious Circumstances 88 16
Business Alarm 70 5
Verbal Disturbance 55 5
Petty Theft 34 4
Assault/Battery 28 6
Public Intoxication 24 2
Under The Influence 23 6
Fraud 14 7
Homeless Encampment 13 2
Burglary 9 3
Vehicle Burglary 9 0
Disturbance Threats 9 1
Panhandling 4 1
Total Calls For Service 741 160
PAGE PLAZA - CALLS FOR SERVICE
17.C
17.C
17.C
17.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 26 2024
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 Letter of Support for Emerald Acres Tentative Tract Map (TTM) 36452, Including its Linkage to the City of Hemet via Stetson Avenue and dedication of Necessary Right-of-Way, to the County of Riverside, Western Riverside Regional Conservation Authority (RCA), and Riverside County Transportation Commission (RCTC)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Authorize the Mayor to Submit a Letter of Support for Emerald Acres Tentative Tract Map (TTM) 36452, Including its Linkage to the City of Hemet via Stetson Avenue and dedication of Necessary Right-of-Way, to the County of Riverside, Western Riverside Regional Conservation Authority (RCA), and Riverside County Transportation Commission (RCTC).
BACKGROUND:
The City Manager recently received a request from John Sorrento, a representative of the developer of the Emerald Aces Tentative Tract Map (TTM), for a letter of support from the City of Hemet on behalf of a project with linkage to Stetson Avenue. The Emerald Acres project is being processed by the County of Riverside. The project is seeking authorization from RCA for right-of-way to construct the extension of Stetson to Florida Avenue to remove an adjacent home that may otherwise be required to be purchased/removed for the westerly extension of Stetson.
STRATEGIC PLAN INTEGRATION:
N/A
FISCAL IMPACT:
Not applicable.
17.D
ATTACHMENT(S):
Attachment 1 - Emerald Acres Right of Way Exhibit-Feb 2024 Attachment 2 - Emerald Acres draft letter 3.3.24 (004)
17.D
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EMERALD ACRES
SPECIFIC PLAN NO.381
RIVERSIDE COUNTY, CALIFORNIAIntroductIon
ExhIbIT 1-1. REGIONAL MAP
17.D
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EMERALD ACRES
SPECIFIC PLAN NO.381
RIVERSIDE COUNTY, CALIFORNIAIntroductIon
N
ExhIbIT 1-3. AERIAL PHOTOGRAPH
17.D
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EMERALD ACRES
SPECIFIC PLAN NO.381
RIVERSIDE COUNTY , CALIFORNIA SpecIfIc plan
ExhIbIT 2-1. LAND USE PLAN
PA-1b
PA-1A
PA-1C
PA-5b
PA-5A
PA-8
PA-9
PA-13
PA-14
PA-15
PA-16
PA-17
PA-11
PA-10
PA-6
PA-7
PA-2
PA-3
PA-4
VILLAGE 1VILLAGE 1
VILLAGE 2VILLAGE 2
VILLAGE 3VILLAGE 3
VILLAGE 4VILLAGE 4
PA-12A
Florida Ave.
Culvert Ave.
Stetson Ave.
Joel Dr.PA-12b
PA-18
PA-19
Medium Density Residential
(6,000 sf Min. Lots)
Medium Density Residential
(5,000 sf Min. Lots)
High Density Residential
(Attached/Detached Motorcourt)
Commercial Retail
LEGEND
Open Space-Recreation
(Neighborhood Park)
Open Space-Conservation
(Slopes)
Open Space-Conservation
(WQMP Basin)
Open Space-Conservation
Habitat (Natural Open Space)
Public Facilities
Backbone Road
Village Recreation Area
Project Boundary
N
17.D
17.D
ROW & EASEMENTREQUIREMENTSAPN 465-080-021APN 465-080-022
17.D
DRAFT LETTER from City of Hemet (version dated 3.6.24)
Date: February __, 2024
To: John Hildebrand, Planning Director,
Riverside County
Aaron Hake, Executive Director
Western Riverside Regional Conservation Authority (RCA) Riverside County Transportation Commission
RE: Emerald Acres TTM 36452
Dear John and Anne,
This letter expresses the City of Hemet support for Emerald Acres TTM 36452 and requests your timely support for its approval including its linkage to the City of Hemet via Stetson Avenue and dedication of necessary Right of Way, which is permitted as a Covered Road in the MSHCP.
Emerald Acres is the gateway to the City of Hemet. It provides the quality of community and housing needed for this region. The extension of Stetson Avenue and its connection through the Emerald Acres community to Florida Ave. is an integral component of the City’s public safety priorities including disaster preparedness, emergency vehicle and ambulance service to essential medical services in the region. It is consistent with the City’s goals for regional circulation, including the Highway 79 Realignment and the City’s General Plan Circulation Element, as illustrated in our current General Plan Circulation Element (Exhibit A) and the Circulation Element in effect in 2004 (Exhibit B) when the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) was adopted. The City of Hemet is a Permittee under the MSCHP and Stetson Avenue is a Covered Road, permitted in accordance with the MSHCP. The extension of Stetson Avenue and its connection through Emerald Acres is an integral component of our roadway system (Exhibit C). It is essential that RCA grant the Stetson Road ROW (Exhibit D) to complete the City’s adopted circulation requirements.
Emerald Acres has actively coordinated this project with the City, County, agencies and surrounding neighbors for 18 years and it is time for the County of Riverside and RCA to grant approvals for its development.
Please assist Emerald Acres in the processing and approval of their project and dedication of the necessary Stetson Road Right of Way as soon as possible.
Thank you,
Mayor
17.D
EXHIBIT A
CITY OF HEMET CIRCULATION ELEMENT (CIRCULATION)
17.D
EXHIBIT B
CITY OF HEMET CIRCULATION ELEMENT IN EFFECT IN 2004
17.D
EHIBIT C
17.D
EHIBIT D
STETSON ROAD ROW
17.D
Consider a second B exhibit
17.D