Hemet City Council
June 25, 2024

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The County of Riverside Department of Animal Services continues to be the best option for animal control and sheltering services.

The County of Riverside Department of Animal Services has provided a proposal for services to the City of Hemet since October 2023. The agreement includes animal field, shelter and/or licensing services, along with additional services upon the City's request.

In order for the County to provide the full scope of services to the City in this agreement, the City adopted the language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534 and 630 codified as Riverside County Code of Ordinances Title 6-Animals.

The County of Riverside Department of Animal Services has the experience and personnel to provide shelter and field services for the residents of the City of Hemet and their animals.

DISCUSSION:

The agreement for animal control field services and shelter services between the City of Hemet and the County of Riverside will conclude on June 30, 2024. The City of Hemet wishes to continue future services with a 1-year extension under the new negotiated terms and conditions.

The City of Hemet will be billed on a monthly billing and accounting cycle based on the fees established by the City's Master Fee Schedule, which may be amended occasionally, and the County Board of Supervisors' Fiscal Year 2024-2025 fee schedule, which will go into effect August 1, 2024.

Field and Shelter Services Estimate
Service Quantity Cost Annually Monthly
Full TimeAnimal
Control
Officer
4,160 $286,790.40 ea. $573,580.80 $47,798.40
Estimated Overtime* 352.30 $178.66/hour $62,941.92 $5,245.16 Animal Sheltering** 12,951 $35.81/day $463,775.31 $38,647.94 Large AnimalDonkey, Sheep** 3 $12.60/day $37.80 $3.15
Wildlife Impounds ** 8 $144.90/per $1,159.20 $96.60
Deceased Animal
Pick-Up and
Disposal**
259 $73.50/per $19,036.50 $1,586.38
O&M** 1,683 $10.96/impound $18,445.68 $1,537.14
LicenseProcessing*** 1,416 $11.92 per
license $16,878.72 $1,406.56
Total Estimated
Cost** $1,155,855.93/FY $96,321.33/month
The following contract City rates are the cost breakdown for the animal services requested:

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PREVIOUS COUNCIL ACTION:

On September 24, 2019, the City entered into an agreement with RHS for a term from October 1, 2019, to June 30, 2022, unless sooner terminated or amended with an amount not to exceed

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$419,328 annually. The City reserved the right to extend this agreement for two (2) additional one (1) year terms.

On April 22, 2022, the City exercised a first amendment to the RHS agreement to extend by one (1) year to June 30, 2023.

In April 2023, RHS informed the City that they would be stepping back from animal control and enforcement duties and focus on finding homes for sheltered pets.

On June 27, 2023, the City Council approved the extension of services with RHS for the months of July, August, and September 2023 to finalize contract negotiation with Riverside County Department of Animal Services and the approval of the County Board of Supervisors.

On September 12, 2023, the City entered into an agreement with Riverside County Department of Animal Services not to exceed $874,042.20 for a period of 9 months from October 1, 2023 to June 30, 2024.

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:

Appropriations have been established in the proposed FY 2024-25 Budget, account 110-3400-2400 in the amount of $1,156,000.

ATTACHMENT(S):

Attachment 1 - Resolution Riverside County Animal Services Attachment 2 - RCDAS City of Hemet First Amendment (DRAFT) Attachment 3 - FY2425 Riverside County Animal Services Contract Rate Increases

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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, APPROVING THE

PROFESSIONAL SERVICES AGREEMENT WITH

RIVERSIDE COUNTY DEPARTMENT OF ANIMAL

SERVICES TO PROVIDE ANIMAL CONTROL SERVICES
FOR THE CITY OF HEMET FROM JULY 1, 2024 TO JUNE
30, 2025, IN AN AMOUNT NOT TO EXCEED $1,156,000,

WAIVE THE PROCUREMENT PROCESS, AND

AUTHORIZE THE CITY MANAGER TO EXECUTE

DOCUMENTS REQUIRED TO FULFILL THE
AGREEMENT.

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

WHEREAS, the Ramona Humane Society (RHS) provided animal control and sheltering services to the City of Hemet for several years which ended in September 2023 RHS informed the City that they would be stepping back from animal control and enforcement duties and focus on finding homes for sheltered pets; and WHEREAS, after RHS provided this information, City staff explored different solutions for animal services for the City and found the best option available for animal control and sheltering services to be the County of Riverside Department of Animal Services; and
WHEREAS, the transition of animal care services from RHS to the County began October 1, 2023. The current contract with the County of Riverside Department of Animal Services will end on June 30, 2024; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, The County of Riverside Department of Animal Services continues to be the best option for animal control and sheltering services. The County of Riverside Department of Animal Services has provided a proposal for services to the City of Hemet since October 2023. The agreement includes animal field, shelter and/or licensing services, along with additional services upon the City's request; and WHEREAS, in order for the County to provide the full scope of services to the City in this agreement, the City adopted the language of the regulations, provisions and rates found in Riverside County Ordinance Nos. 534 and 630 codified as Riverside County Code of Ordinances Title 6-Animals. The County of Riverside Department of Animal Services has the experience and personnel to provide shelter and field services for the residents of the City of Hemet and their animals; and WHEREAS, the agreement for animal control field services and shelter services between the City of Hemet and the County of Riverside will conclude on June 30, 2024.

The City of Hemet wishes to continue future services with a 1-year extension under the new negotiated terms and conditions; and
WHEREAS, the City of Hemet will be billed on a monthly billing and accounting cycle based on the fees established by the City's Master Fee Schedule, which may be amended occasionally, and the County Board of Supervisors' Fiscal Year 2024-2025 fee schedule, which will go into effect August 1, 2024; and WHEREAS, on September 24, 2019 the City entered into an agreement with RHS for a term from October 1, 2019 to June 30, 2022, unless sooner terminated or amended with an amount not to exceed $419,328 annually. The City reserved the right to extend this agreement for two (2) additional one (1) year terms; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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WHEREAS, on April 22, 2022 the City exercised a first amendment to the RHS agreement to extend by one (1) year to June 30, 2023; and WHEREAS, in April 2023, RHS informed the City that they would be stepping back from animal control and enforcement duties and focus on finding homes for sheltered pets; and
WHEREAS, on June 27, 2023, City Council approved the extension of services with RHS for the months of July 2023, August 2023 and September 2023, to finalize contract negotiation with Riverside County Department of Animal Services and approval of the County Board of Supervisors; and
WHEREAS, on September 12, 2023, the City entered into an agreement with Riverside County Department of Animal Services not to exceed $874,042.20 for a period of 9 months from October 1, 2023 to June 30, 2024; and

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

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

SECTION 2. DETERMINES – the City Council of the City of Hemet, California, Approving the Professional Service Agreement with Riverside County Department of Animal Services to Provide Animal Control Services for the City of Hemet From July 1, 2024, to June 30, 2025, in an amount not to exceed $1,156,000, Waive the Procurement Process.

SECTION 3. ORDERS - Authorizes the City Manager to Execute All Documents Required to Fulfill the Agreement.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on June 25, 2024.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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PASSED, APPROVED AND ADOPTED this 25th day of June, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 6
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 25th day of June, 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

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FIRST AMENDMENT TO AGREEMENT FOR

ANIMAL CONTROL FIELD AND SHELTER

SERVICES BETWEEN THE CITY OF HEMET AND

THE COUNTY OF RIVERSIDE
This First Amendment to the AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES between COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”) and the CITY OF HEMET (“CITY”), herein referred to as the “First Amendment”, dated as of the Effective Date (defined herein), amends the Agreement as follows:

RECITALS
WHEREAS, COUNTY and CITY entered into an Agreement for Animal Control Field and Shelter Services between the City of Hemet and the County of Riverside for the provision of animal field and shelter services (“Original Agreement”) for a term commencing October 1, 2023 through June 30, 2024 (“Agreement”); and
WHEREAS, the COUNTY’s Board of Supervisors ratified and approved the Agreement on October 17, 2023, in Minute Order 3.8; and
WHEREAS, the COUNTY has continuously provided the CITY with Animal Control Field and Shelter Services since October 1, 2023; and
WHEREAS, the Agreement authorizes amendments to the Agreement with the approval of the Board of Supervisors of COUNTY and City Council of CITY; and WHEREAS, COUNTY and CITY desire to extend the term of the Agreement until June 30, 2025; and
WHEREAS, COUNTY and CITY desire to amend the Agreement to reflect changes to the compensation, license fees and payment provisions.

NOW, THEREFORE, in consideration of the foregoing, COUNTY and CITY agree as follows:

1. Recitals – The recitals set forth above are true and correct and incorporated herein by reference.

2. Effective Date and Term. “The Effective Date of this First Amendment shall be from July 1, 2024 and shall terminate on June 30,2025 unless terminated earlier as provided herein under Section VII, Termination.”

3. Exhibit “A” Scope of Animal Control Field Services, Section 5.7 is deleted in its entirety.

4. Exhibit “B” and Exhibit “C” of the Agreement are hereby removed in their entirety and replaced with Exhibit “B-1,” and Exhibit “C-1” attached hereto and incorporated herein by this reference.

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FIRST AMENDMENT TO AGREEMENT FOR

ANIMAL CONTROL FIELD AND SHELTER

SERVICES BETWEEN THE CITY OF HEMET AND

THE COUNTY OF RIVERSIDE

5. Entire Understanding. The First Amendment and the Original Agreement contain the entire understanding and agreement of the Parties. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements that are not contained or expressly referred to within this First Amendment and Original Agreement.

6. Further Assurances. The Parties agree to execute such other documents and to take such other actions as may be necessary to further the purpose of this First Amendment.

7. Agreement in Full Force and Effect. Except as otherwise expressly modified herein, all other terms and conditions of the Original Agreement remain unmodified and in full force and effect.

8. Counterparts. This First Amendment may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

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COUNTY OF RIVERSIDE CITY OF HEMET
By: Chuck Washington, Chair
Board of Supervisors
By: Joe Males
Mayor
ATTEST: ATTEST:

Kimberly Rector
Clerk of the Board
John Maier
City Clerk
By: By:

APPROVED AS TO FORM:

Minh Tran
County Counsel
APPROVED AS TO FORM:

By: Bruce G. Fordon
Deputy County Counsel
By: Cole Huber, LLP
City Attorney

FIRST AMENDMENT TO AGREEMENT FOR

ANIMAL CONTROL FIELD AND SHELTER

SERVICES BETWEEN THE CITY OF HEMET AND

THE COUNTY OF RIVERSIDE
IN WITNESS WHEREOF, COUNTY and CITY have caused their duly authorized representatives to execute this First Amendment.

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CITY OF HEMET
EXHIBIT “B-1”

SCOPE OF ANIMAL SHELTERING SERVICES
The County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following Animal Shelter Services for the City of Hemet (“CITY”). All capitalized terms set forth herein are defined in Section B below.

A. COUNTY ANIMAL SHELTER LOCATION

1. Shelter Location: The COUNTY shall maintain CITY’s animals at the San Jacinto Valley Animal Campus (“Shelter”), or other shelter operated by COUNTY at COUNTY’s discretion.

The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty-four (24) hour basis.

2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

B. DEFINITIONS

1. “Animal Shelter Services” shall include the following activities and services:
a. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.
b. Redemption, treatment, sale, adoption, and/or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter’s website of photographs of all newly impounded animals and identifying each animal individually.
e. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals at the owner’s expense.
f. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animalby-animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit C, Payment Provisions. h. “Care” includes, but is not limited to providing a safe, temporary refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency.

2. “Adoptable Animal” shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. Dogs declared “vicious” or “potentially dangerous” under State and/or local laws shall be deemed unadoptable.

3. “Treatable” shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. “Treatable” shall also mean an animal with behavioral

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conditions that may be corrected with time and proper training, such as chasing animals/objects, food aggression, etc.

4. “Untreatable Animal” shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption.

5. “Impounded Animal” shall include animals found running at large, removed from private property, or that are taken into the shelter by COUNTY or law enforcement.

6. “Seized Animal” shall include animals that are confiscated under Penal Code 597.1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determined justified or not, when exigent circumstances exist.

C. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the Animal Shelter Services described herein.

6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise owner identifiable, for the holding periods as required by State law.

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal’s owner and is deemed not adoptable by COUNTY. Untreatable Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption.

Only euthanasia methods approved by the American Veterinary Medical Association shall be used.

Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time, and location where animal was found; method of euthanasia, and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid, or

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involved in a bite investigation.
a. Impoundments and Quarantines: COUNTY shall house, feed, and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

9. Animals Surrendered by their Owners: Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges.

Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate.
a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a caseby-case basis. Diversion programs will be offered to assist with pet retention. CITY shall direct their constituents to consult with COUNTY to surrender their pet. COUNTY will offer CITY’s constituents assistance through diversion programs.

10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate. CITY Animal Control Officers shall refer constituents requesting to surrender their animal to COUNTY for a diversion consultation. CITY shall not accept owner surrenders in the field prior to the constituent consulting the COUNTY.

11. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of arrival at the Shelter.

Shelter staff shall make all attempts to notify owners within twenty-four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals to the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags, or research license numbers in an effort to reunite animals in the field.

14. Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be performed within twelve (12) hours, except during Limited Service Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight

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e. Scan for microchip identification
f. Establish unique identifier for the animal
g. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an examination/assessment has been performed.

15. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

16. Adoption: Animals identified as being available for adoption shall be up for adoption in the shelter or off-site location, or by posting online.

17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition.

In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

18. Microchipping: In accordance with California Food and Agricultural (“F&A”) Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

19. Community Adoption Partners: COUNTY shall comply with F&A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded “shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.”

20. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

21. Community Cat Program (CCP): COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and eartipped. Once the cat has recovered, the cat will be returned to place of origin.

22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency

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(DEA) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.

23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary, and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision, and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelterrelated activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

24. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

25. CITY Access: COUNTY shall provide access of the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

26. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.

Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28. LICENSE FEES (Section 2 of Riverside County Ordinance 630): Licenses shall be issued upon payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

29. RABIES VACCINATION CERTIFICATE DATA: Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY’s website, www.rcdas.org. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal’s license by telephone.

30. COLLECTION OF LICENSE FEES: CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain $11.92 per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be

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accounted for by the COUNTY on a monthly basis and the COUNTY shall remit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the total of $11.92 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in Section III. Compensation.

CITY shall be responsible for a one-time conversion fee for new data, which is estimated to cost the City approximately $10,000 - $20,000. This cost does not include the expected ongoing annual maintenance fee of approximately $1,000. entered into COUNTY’s licensing database.

D. COMPENSATION

1. Compensation for Animal Shelter Services: Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $21 per animal, per day for horses and cattle, and $12.60 per animal, per day for swine, goats, and sheep in accordance with COUNTY’s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.

2. Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1-collection; State Fine 1-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY’s current fee schedule.

3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare programs, Spay/Neuter Services, and through its own social media pages. If requested by CITY, the daily flat rates for vaccination clinics or spay/neuter clinics shall be billed based on actual outreach days specified in Exhibit C:
a. Vaccination or Spay/Neuter Clinic: The cost includes staff, vaccinations, and microchips, free to constituents with two hundred (200) animal cap per event for vaccination clinic OR thirty (30) animal cap per event for spay/neuter. The clinics are billed on actual use. //
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CITY OF HEMET

EXHIBIT C

PAYMENT PROVISIONS
City of Hemet (“CITY”) shall compensate the County of Riverside (“COUNTY”) on a monthly basis arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established by the CITY’s Master Fee Schedule, as amended from time to time, and COUNTY’s Board of Supervisors’ fee schedule, as amended from time to time; relative to the services to be performed under this Agreement as follows:

Field and Shelter Services Estimate
Service Quantity Cost Annually Monthly
Full Time Animal Control
Officer 4,160 $286,790.40 ea. $573,580.80 $47,798.40
Estimated Overtime* 352.30 $178.66/hour $62,941.92 $5,245.16 Animal Sheltering** 12,951 $35.81/day $463,775.31 $38,647.94 Large Animal-Donkey,
Sheep**
3 $12.60/day $37.80 $3.15
Wildlife Impounds ** 8 $144.90/per $1,159.20 $96.60
Deceased Animal Pick-Up and
Disposal**
259 $73.50/per $19,036.50 $1,586.38
O&M** 1,683 $10.96/impound $18,445.68 $1,537.14
License Processing*** 1,416 $11.92 per license $16,878.72 $1,406.56 Total Estimated Cost** $1,155,855.93/FY $96,321.33/month * Overtime/stand-by field services $178.66 per hour (minimum of two (2) hours per call, with a two (2) hour charge per each call).
**Cost will fluctuate based on actual overtime, wildlife calls and deceased animal pickups. Optional Services are not included in the total.
**Rates are subject to change as adopted by the Board of Supervisors, as specified in Section III of this Agreement.
***License processing cost may vary based on number of licenses sold. COUNTY shall retain $11.92 for each license sold, and remaining balance of license will be credited back to the CITY on a monthly basis.

Sheltering:

Animal Sheltering costs at the San Jacinto Valley Animal Campus is $35.81 per kenneling day, and it would be billed based on actual impounds. COUNTY shall provide CITY with a monthly invoice that includes actual impound statistics. The invoice will detail the number of animals impounded and the total number of kenneling days, plus all other applicable fees.

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Operational and Maintenance (O&M):

O&M is charged at $10.96 per stray dog or cat impound.

Livestock and Other Impound Fees:

Large Animal Sheltering @ $21/animal (horses, ponies, cattle) per day of sheltering (additional cost billed on actual use).

Large Animal Sheltering @ $12.60/animal (swine, goats, sheep) per day of sheltering (additional cost billed on actual use).

Wildlife impound fee: $144.90 per impound
Deceased animal pickup fee: $73.50 per animal
Optional Services
Daily flat rates for shot clinics and/or Spay and Neuter Bus Services will be billed based on actual outreach days scheduled. Compensation accounts for full staff time to provide service for one day. The maximum time possible will be afforded for actual outreach activity; however actual outreach activity time will be reduced by travel and preparation time the day of the event.

Shot Clinic or Spay and Neuter Bus Services:
$3,000 per event flat rate billed actual use**
(The cost to provide three (3) clinic services staff and one veterinarian for 9 hours, to be billed based on actual usage as requested by City.)

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ANIMAL 85:!ms
..0 .9 DEPARTMENT Department ofAnimal Services
0F
Erin Gettis, Director
Dr. Kim Youngberg, Deputy Director
May 30, 2024
City of Hemet
Attn: Tiffany Barnett
445 E. Florida Ave
Hemet, CA 92543
Re: Increaseto Contract Rates - Recommendation to the Board of Supervisors on June 25, 2024 Greetings City Partner,
As we approach the end of Fiscal Year 2023-2024, the Riverside County Department of Animal Services, and all County departments,received strategic direction from the County ExecutiveOf?ce and Board of Supervisors (the Board) to increase rates by ?ve percent on all contracts for Fiscal Year 2024- 2025. This includes all contracts with our partner Cities where the Department of Animal Services (the Department) provides ?eld, shelter and/or licensing servicesto the City. The proposedcontract rates for the upcoming ?scal year, as shown in the attachment to this letter, will be recommendedto the Board on Tuesday, June 25, 2024. If adopted, the new rates will go into effect on August 1, 2024, unless otherwise indicated in a City’s service agreement. Starting in August, the billing statement will re?ect the increase in contract rates. The ?rst statement will be sent out in September and subsequent statements following thereafter. Please be advised, the Department will be offering one year contract amendments to all of our cities to continue providing services.

The County conducted a rates study and determined that implementing a full cost recovery approach was not the most reasonable option for our City partners. The fees would be substantially higher if the County were to adopt the full cost recovery model instead of the proposed ?ve percent increase.

Essentially, there would be a considerable difference between the current amount paid by the City and the amount that the City would pay under the full cost recovery model. County Board Policy No. 3-4 requiresthat County departmentsrecover the actual cost of providing services.

Finally, please be advised that the Department of Animal Services will soon be proposing amendments to Ordinance No. 534 and Ordinance No. 630. These Ordinance Amendments will streamline processes, increase ef?ciency, and update practices to be in line with what is practiced nationwide. We encourage your City to promptly adopt any revised versions of these County Ordinances once adopted by the Riverside County Board of Supervisors.

County of Riverside, California
Riverside County

DEPARTMENT OF ANIMAL SERVICES
6851 Van Buren Blvd, Jurupa Valley, CA 92509
(951) 358-7387 0 FAX (951) 358-7300 0 TDD (951) 358-5124 Website: www.rcdas.org

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. DEMTMEII
ANIMAL SEEmats
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County of Riverside, Cal fornia
Department ofAnimal Services
R T0F
Erin Gettis, Director
Dr. KimYoungberg, Deputy Director
During this ?scal year (from July 1, 2023 to April 30, 2024), the Department of Animal Services has impounded a total of 31,140 live and dead animals. To help decrease the amount of impounds at the shelters, the staff at Animal Services remain dedicated to reuniting pets with their owners and we encourage residents to do the same. Our shelter team works tirelessly to ?nd loving homes for animals promptly which reduces their length of stay. In February 2024, the Department initiated the 5,000 Cat Challenge with the goal of saving the lives of an additional 5,000 cats. This initiative is intended to promote trap-neuter-return and shelter-neuter-return, the health of Riverside County cats and improve the outcomes. Other public provided services that the department offers are mobile spay and neuter clinics, wellness clinics, and adoption events. These efforts also help reduce costs for City partners, improve shelter conditions and lower euthanasia rates.

The County Department of Animal Services appreciates the opportunity to continue the positive partnershipsthat we have developed with your City. If you have any questions or want to discuss this further, please contact Harold Jones at email: or 951-903-0996 or Thaiese SermonsKrishnan at email: or (951) 358-7545.

Sincerely,
Erin Gettis
of Animal Services
Riverside County

DEPARTMENT OF ANIMAL SERVICES
6851 Van Buren Blvd, Jurupa Valley, CA 92509
(951) 358-7387 - FAX (951) 358-7300 0 TDD (951) 358-5124 Website: www.rcdas.org

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DEMmy:

ANIMAL SEBwot:
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County of Riverside, California
Department ofAnimal Services
R 1'OF
Erin Gettis, Director
Dr. Kim Youngberg, Deputy Director
FY 24-25 CONTRACT CITY RATES

POSITION CURRENT RATE FY PROPOSED RATE FY
2023/2024 2024/2025
ACO (Hourly Rate) $131.31 $137.88
ACO (Overtime/Hourly- $170.15 $178.66
minimum call out of 2

SERVICE CURRENT RATE FY PROPOSED RATE FY
2023/2024 2024/2025
Daily Sheltering Rate $34.10 $35 .81

SERVICE CURRENT RATE FY PROPOSED RATE FY
2023/2024 2024/2025
License Processing Fee $11.35 $11.92

LOCATION CURRENT RATE FY PROPOSED RATE FY
2023/2024 2024/2025
Blythe $6.90 $7.25
San Jacinto $10.44 $10.96
CVAC $10.86 $11.40
Jurupa Valley $12.53 $13.16

SERVICE CURRENT RATE FY PROPOSED RATE FY
2023/2024 2024/2025
Large Animal-Horses $20.00 $21.00
Large Animal—Donkey,Sheep $12.00 $12.60
Deads $70.00 $73.50
$138.00 $144.90

DEPARTMENT OF ANIMAL SERVICES

PROPOSED ANIMAL CONTROL OFFICER (ACO) RATES

PROPOSED DAILY SHELTERING RATE

PROPOSED LICENSE PROCESSING FEES

PROPOSED IMPOUND FEES
FEES
Riverside County

DEPARTMENT OF ANIMAL SERVICES
6851 Van Buren Blvd, Jurupa Valley, CA 92509
(951) 358-7387 ' FAX (951) 358-7300 ° TDD (951) 358-5124 Website: www.rcdas.org

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jun 25 2024
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Community Development Director; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Third Amendment to an Agreement for Services between the City of Hemet and VCA Code Group to Authorize an Additional $200,000 for a Contract not to Exceed the Amount of $250,000 for the purpose of Providing On-Call Professional Planning Services
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Third Amendment to an Agreement for Services between the City of Hemet and VCA Code Group to Authorize an Additional $200,000 for a Contract not to Exceed the Amount of $250,000 for the purpose of Providing On-Call Professional Planning Services.

BACKGROUND:

The Planning division combines functions of Current and Advance planning to manage development within the framework established in the City’s General Plan and Municipal Code.

Duties include review of permit applications and a detailed review of development plan proposals for compliance with the General Plan, zoning, and applicable state and federal environmental regulations. Oral and written staff reports with recommendations and findings to the Planning Commission and City Council, preparation of resolutions, public notices, tentative maps, zone changes, site development review, conditional use permits, administrative permits, land use entitlements, and General Plan amendments; maintain and update data for planning projects; tracking of environmental mitigation requirements, coordination with the development review committee for proposed residential, commercial and industrial development projects.

Over the past five years, the City has experienced an increase in residential, multi-family, commercial, and industrial development proposals. With over 5,000 residential units in the development pipelines, and construction of over 900 homes within the past three years, the City is poised for growth.

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The Community Development Department has experienced several vacancies, which has impacted the delivery of service to our development stakeholders. The City is currently in the process of recruiting a Principal Planner and Senior Planner. In October of 2023, the City hired a Planning Technician and Assistant Planner, which were additional vacant positions filled. The on-call Planner will provide additional staff capacity to manage large development projects working through the development pipeline.

Importantly, developers have conveyed their support to supplement the entire cost of the on-call Planner. Initially, the on-call Planner will be assigned to four development projects, which will allow for other staff to attend to competing projects. Furthermore, this allows the City to dedicate a contract planner to specific projects to enhance customer service, and timeliness of review.

ANALYSIS:

A request for proposal (RFP) for on-call Planning Services was issued on September 9, 2022, and 52 prospective bidders were notified on Planet Bids. On September 21, 2022, the City received six proposals from the following firms:
 HWL Planning and Engineering
 Infrastructure Engineers
 Interwest Consulting Group
 Sagecrest Planning +Environmental
 The Altum Group
 The VCA Code Group, Inc.

On December 13, 2022 a Professional Services Agreement between the City of Hemet and The Code Group dba VCA Code, for the purpose of retaining services of Consultant to provide On-Call Professional Planning Services not to exceed fifty thousand dollars ($50,000.00).

On June 1, 2023, the First Amendment amended Section 1 of the Agreement by exercising the first of two (2) one (1) year options to extend through June 30, 2024.

On March 20, 2024, the Second Amendment amended Section 1 of the Agreement by exercising the second of two (2) one (1) year options to extend through June 30, 2025.

Based on an increase in development activity, this Third Amendment amends the contract amount not exceed Two Hundred and Fifty Thousand Dollars ($250,00.00) per fiscal year.

DISCUSSION:

The RFPs were reviewed by staff based on experience, similar projects, completeness and cost. The City selected the VCA Code Group, Inc to provide general professional contract planning services

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with a range of expertise necessary to carry out the normal functions of a professional Planner level tasks.

PREVIOUS COUNCIL ACTION:

There is no previous City Council action.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

FISCAL IMPACT:

The fee collected for the on-call Planner contract is a pass-through fee that will be paid for by the applicant. Therefore, there is no fiscal impact.

REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):

Attachment 1: Resolution Contract Amendment with VCA
Attachment 2: The Code Group - On Call Planning - Third Amendment - 2023-032 Attachment 3: VCA Code - On Call Professional Planning Services - 2023 CONTRACT

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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, APPROVING THE SECOND

AMENDMENT TO THE AGREEMENT FOR SERVICES

BETWEEN THE CITY OF HEMET AND THE CODE

GROUP DBA VCA CODE A CALIFORNIA CORPORATION

FOR ON-CALL PROFESSIONAL PLANNING SERVICES

FOR A NOT TO-EXCEED CONTRACT AMOUNT OF
$250,000.

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

WHEREAS, On December 13, 2022 a Professional Services Agreement between the City of Hemet and The Code Group dba VCA Code, for the purpose of retaining services of Consultant to provide On-Call Professional Planning Services. [Compensation and Method of Payment] and Exhibit “B” [Compensation] provided that the total not to exceed fifty thousand dollars ($50,000.00).

WHEREAS, section 1 of the Agreement provides that the Term of the Agreement is through June 30, 2023 with two (2) one (1) year options to extend.

WHEREAS, on June 1, 2023, the First Amendment amended Section 1 of the Agreement by exercising the first of two (2) one (1) year options to extend through June 30, 2024.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, on March 20, 2024, the Second Amendment amended Section 1 of the Agreement by exercising the second of two (2) one (1) year options to extend through June 30, 2025.

WHEREAS, pursuant to Section 28 of the Agreement, the Parties now desire to amend the Agreement to increase the not to exceed compensation amount.

WHEREAS, section 4(a) of the Agreement provides that the Compensation shall not exceed Fifty Thousand Dollars ($50,000.00) per fiscal year.

WHEREAS, this Third Amendment amends Section 4(a to provide that the Compensation shall not exceed Two Hundred and Fifty Thousand Dollars ($250,00.00) per fiscal year.

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

SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.

SECTION 2. City Council Actions.
a) The City Manager, or his designee, is authorized and directed to utilize the funds allocated in the Community Development (Planning Division) deposit account for Planning Staff time.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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b) The City Manager, or his designee, is authorized and direct to execute the amended Agreement for Services between the City of Hemet and The Code Group dba VCA Code, with the contract pricing for the term of the agreement to a not to exceed total of Two Hundred and Fifty Thousand Dollars ($250,00.00) per fiscal year and authorize the City Manager to execute the Agreements with The Code Group dba VCA Code (“Consultant”). c) The City Manager, or his designee, is authorized and directed to execute any purchase orders, agreements, or other documents necessary to effectuate the contract in an amount not to exceed Two Hundred and Fifty Thousand Dollars ($250,00.00) in aggregate, so long as such purchase orders, agreements, or other documents are in a form approved by the City Attorney.

SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on June 25, 2024.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED AND ADOPTED this 25th Day of June, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of October, 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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00091753.1

THIRD AMENDMENT TO
AGREEMENT 2023-032

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND

THE CODE GROUP DBA VCA CODE

A CALIFORNIA CORPORATION
DATED: JUNE 12, 2024

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00091753.1 Page | 1

THIRD AMENDMENT TO AGREEMENT
This Third Amendment to the Professional Services Agreement for On-Call Professional Planning Services is made and entered into as of this 12th day of June, 2024, by and between the City of Hemet (“City”), a California municipal corporation and The Code Group dba VCA Code, a California corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Professional Services Agreement” dated December 13, 2022 (“Agreement”) for the purpose of retaining services of Consultant to provide On-Call Professional Planning Services.

B. Section 1 of the Agreement provides that the Term of the Agreement is through June 30, 2023 with two (2) one (1) year options to extend.

C. On June 1, 2023, the First Amendment amended Section 1 of the Agreement by exercising the first of two (2) one (1) year options to extend through June 30, 2024.

D. On March 20, 2024, the Second Amendment amended Section 1 of the Agreement by exercising the second of two (2) one (1) year options to extend through June 30, 2025.

E. Pursuant to Section 28 of the Agreement, the Parties now desire to amend the Agreement to increase the not to exceed compensation amount.

F. Section 4(a) of the Agreement provides that the Compensation shall not exceed Fifty Thousand Dollars ($50,000.00) per fiscal year.

G. This Third Amendment amends Section 4(a) to provide that the Compensation shall not exceed Two Hundred and Fifty Thousand Dollars ($250,000.00) per fiscal year.

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

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

1.1 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the not to exceed compensation amount to Two Hundred and Fifty Thousand Dollars ($250,000.00) per fiscal year.

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00091753.1 Page | 2

2. MANDATORY INVOICE INFORMATION/NOTICES.

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

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

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

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

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

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

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

8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment.
[SIGNATURE PAGE FOLLOWS]

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00091753.1 Page | 3
IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND

THE CODE GROUP DBA VCA CODE

A CALIFORNIA CORPORATION
Form Approved 09/26/2022
DocuSign Envelope ID: 336524DE-644F-4E91-B8DF-AD5D1589C0F8

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HEMET-PSA rev20220926
Page | 1

PROFESSIONAL SERVICES AGREEMENT

FOR ON-CALL PROFESSIONAL PLANNING SERVICES
BETWEEN THE CITY OF HEMET AND THE CODE GROUP, INC. DBA VCA CODE THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 13th day of December, 2022 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and The Code Group dba VCA Code, a California Corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by request for proposals, the performance of the On-Call Professional Planning Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

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

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

4. Pursuant to Chapter 2, Article V of the Hemet Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2023, commencing on Effective Date. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise the option(s) by written notice to contractor no less than (30) days prior to the end of the existing Term.
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms DocuSign Envelope ID: 336524DE-644F-4E91-B8DF-AD5D1589C0F8

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HEMET-PSA rev20220926
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and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”
(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

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

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($50,000.00) per fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s DocuSign Envelope ID: 336524DE-644F-4E91-B8DF-AD5D1589C0F8

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HEMET-PSA rev20220926
Page | 3
authority under Hemet Municipal Code Section 2-332 without approval by the City Council.
(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

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

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by DocuSign Envelope ID: 336524DE-644F-4E91-B8DF-AD5D1589C0F8

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Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

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

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

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
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performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

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

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

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

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, DocuSign Envelope ID: 336524DE-644F-4E91-B8DF-AD5D1589C0F8

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with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

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

SECTION 18. ASSIGNMENT.

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

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performedby any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

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

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SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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SECTION 22. EXCUSABLE DELAYS.

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

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

To City: City of Hemet
Attn: City Manager
445 E Florida Avenue
Hemet, CA 92543
To Consultant: The Code Group, Inc. dba VCA Code
Attn: Tom VanDorpe
1845 W. Orangewood Ave., #210
Orange, CA 92868
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

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

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SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

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

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

SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

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

SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

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

SECTION 35. TIME OF ESSENCE.

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

SECTION 36. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]
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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR ON-CALL PROFESSIONAL PLANNING SERVICES
BETWEEN THE CITY OF HEMET AND THE CODE GROUP, INC. DBA VCA CODE IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET
___________________________
Eddie Pust
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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EXHIBIT “A”

SCOPE OF SERVICES
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EXHIBIT “B”

COMPENSATION
Not to exceed Fifty Thousand Dollars ($50,000.00) per fiscal year.

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ADDENDUM “1”

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

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

2. MINIMUM LIMITS OF INSURANCE.

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

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

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

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

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary DocuSign Envelope ID: 336524DE-644F-4E91-B8DF-AD5D1589C0F8

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HEMET-PSA rev20220926
Addendum 1 - Insurance
Page | 2
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

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

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

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be DocuSign Envelope ID: 336524DE-644F-4E91-B8DF-AD5D1589C0F8

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HEMET-PSA rev20220926
Addendum 1 - Insurance
Page | 3
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

DocuSign Envelope ID: 336524DE-644F-4E91-B8DF-AD5D1589C0F8

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DocuSign Envelope ID: 336524DE-644F-4E91-B8DF-AD5D1589C0F8

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jun 25 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, Accepting the American Rescue Plan Act (ARPA) Funds for the Community Risk Reduction Fire Cadet Program from County of Riverside through its Department of Housing and Workforce Force Solutions (HWS), Workforce Development Division (WDD) in the amount of $467,751 and Authorizing the City Manager to Execute All Documents Related to this Program, Authorizing the Administrative Services Director to Record a Supplemental Appropriation in the Amount of $467,751 to Fund 232 and $5,300 to Fund 110, and Authorizing the Addition of 20 Part-Time Community Risk Reduction Cadets to the Budgeted Positions List
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the American Rescue Plan Act (ARPA) Funds for the Community Risk Reduction Fire Cadet Program from County of Riverside through its Department of Housing and Workforce Force Solutions (HWS), Workforce Development Division (WDD) in the amount of $467,751 and Authorizing the City Manager to Execute All Documents Related to this Program, Authorizing the Administrative Services Director to Record a Supplemental Appropriation in the Amount of $467,751 to Fund 232 and $5,300 to Fund 110, and Authorizing the Addition of 20 Part-Time Community Risk Reduction Cadets to the Budgeted Positions List.

BACKGROUND:

On October 4, 2022 (Minute Order 3.44), the Riverside County Board of Supervisors approved the distribution of the second installment of the ARPA allocation. On February 27, 2024 (Minute Order

3.50), the Board of Supervisors obligated $6,200,000 to various housing, workforce, and nonprofit programs to be administered by HWS. The Community Risk Reduction Fire Cadet Program was one of the listed programs. Of the $6,200,000, a total of $796,680 is proposed for the implementation and expansion of the Community Risk Reduction Fire Cadet program.

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Riverside County Housing and Workforce Solutions, Workforce Development Division (HWS/WDD) will partner with the City of Hemet’s, Hemet Fire and Department of Life Safety (HFLS) to expand and implement the Community Risk Reduction Fire Cadet Program (CRFCP). The HFLS has historically provided internship opportunities to youth attending Alessandro High School which has an existing first responder career technical education pathway.

Cadets will work under the direct supervision of Hemet Fire and the Department of Life Safety parttime for 20 hours per week. The central objective of the CRFCP is to expand the program, purchase necessary equipment, and offer an increased number of youths an eight-week summer employment experience. This program is specifically designed to expose high school youth to fire prevention, code enforcement, community risk reduction, community beautification, and public safety initiatives.

ANALYSIS:

HWS/WDD’s partnership with HFLS will create a unique transitional opportunity for youth to gain experience and exposure to fire and life safety training. HWS/WDD is able to provide vocational training assistance and direct connection to established vocational training programs that offer further training and preparation to become an emergency medical technician, firefighter, or paramedic.

The proposed CRFCP program was reviewed and determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), Common Sense, General Rule Exemption. The project relates to the provision of workforce services, employment and training activities for Riverside County adults and employers. It can be seen with certainty that there is no possibility that the aforementioned services may have a significant effect on the environment and will not lead to any direct or reasonable indirect physical environmental impacts.

DISCUSSION:

Personnel Changes
CRFCP is anticipated to launch in June 2024, through December 31, 2026. An estimated 60 individual youth will benefit from this program throughout the City of Hemet. Youth will be provided with stipends, mentorship, career counseling, and transportation to and from work sites.

Fire - 20.0 Cadets part-time (0.5 FTE)
Impact on Residents and Businesses
Approving the CRFCP program will provide a unique opportunity for local high school youth to gain working experience in fire prevention, code enforcement, community risk reduction, community beautification, and public safety within the City of Hemet. It is anticipated that this program will strengthen employment experience and opportunities for recently hired youth who seek alternative career paths in public safety or would like to reinforce college preparation.

Community members and local businesses will benefit from the involvement of local youth in community-oriented projects aligned with the City of Hemet's Strategic Plan. Initiatives like shopping cart removal and graffiti cleanup will contribute significantly to enhancing the aesthetic appeal of our community. Through the CRFCP program, these youth will gain valuable skills that can lead to participation in public safety training programs. Ultimately, this program aims to cultivate a pool of qualified candidates who can fill vacant public safety positions across the City of Hemet.

Contract History and Price Reasonableness

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Total program funding of $467,751 is provided solely from ARPA funds dedicated to the implementation of the Community Risk Reduction Fire Cadet Program. A Purchasing Agent at the County of Riverside will issue Purchase Orders to City of Hemet on behalf of Hemet Fire and Department of Life Safety for the program term of the contract to not exceed the total aggregate amount of $467,751. Funding will be provided for services rendered, products provided, and expenses incurred as a direct result of program implementation efforts by HFLS through the City of Hemet and within the County of Riverside's Supervisorial District 5.

PREVIOUS COUNCIL ACTION:

None
STRATEGIC PLAN INTEGRATION:

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

Objective 1: Develop business practices that welcome new development by streamlining processes.

Objective 2: Provide resources for new businesses to enhance the customer service experience.

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

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

Objective 3: Increase the community's pride within the City.

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

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

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

Objective 3: Develop programs to offer support to the community's businesses GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

Ultimately, there is minimal impact to the General Fund for this program. The City of Hemet will be responsible for minimal costs such as live scans, physicals, vehicle maintenance and vehicle fuel costs estimated at $10,500 per City fiscal year for a total of $31,500. Vehicle Maintenance and Vehicle Fuel Costs do not require additional appropriations.

Staff is requesting supplemental appropriations for live scans and physicals from General Fund Reserves per City fiscal year from June 2024 thru December 2026 in the following expenditure account:

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110-3200-2710 Professional Specialized Services $5,300
In addition, Staff is requesting personnel changes totaling 20 part-time Cadet's (0.5 FTE) throughout the duration of the program.

Once approved by City Council, City of Hemet will receive 25% of the total ARPA Grant upfront which equates to $116,937.75.

City of Hemet ARPA Grant breakdown:
(Note: The line item for Administrative Fees of $70,265 is no longer a part of the ARPA grant award of $467,751 and will not be a cost incurred by the City.)

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ATTACHMENT(S):

Attachment 1 - Resolution
Attachment 2 - Professional Services Agreement
Attachment 3 - Single Source Housing & Workforce Solutions Attachment 4 - Notice of Exemption
Attachment 5 - Form 11 Housing & Workforce Solutions
Attachment 6 - Community Risk Reduction Cadet

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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, ACCEPTING AMERICAN

RESCUE PLAN ACT (ARPA) FUNDS FOR THE

COMMUNITY RISK REDUCTION FIRE CADET PROGRAM

FROM COUNTY OF RIVERSIDE THROUGH ITS

DEPARTMENT OF HOUSING AND WORKFORCE

SOLUTIONS (HWS), WORKFORCE DEVELOPMENT
DIVISION (WDD) IN THE AMOUNT OF $467,751,

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL

DOCUMENTS RELATED TO THIS PROGRAM,

AUTHORIZING THE ADMINISTRATIVE SERVICES

DIRECTOR TO RECORD A SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $467,751 TO
FUND 232 AND $5,300 TO FUND 110, AND

AUTHORIZING THE ADDITION OF TWENTY PART-TIME

COMMUNITY RISK REDUCTION CADETS TO THE

BUDGETED POSITIONS LIST
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, on October 4, 2022 (Minute Order 3.44), the Riverside County Board of Supervisors approved the distribution of the 2nd installment of the ARPA allocation. On February 27, 2024 (Minute Order 3.50), the Board of Supervisors obligated $6,200,000 to various housing, workforce, and nonprofit programs to be administered by HWS, the Community Risk Reduction Fire Cadet Program was one of the listed programs. Of the $6,200,000, a total of $796,680 is proposed for the implementation and expansion of the Community Risk Reduction Fire Cadet program; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, Riverside County Housing and Workforce Solutions, Workforce Development Division (HWS/WDD) will partner with the City of Hemet’s, Hemet Fire and Department of Life Safety (HFLS) to expand and implement the Community Risk Reduction Fire Cadet Program (CRFCP). The HFLS has historically provided internship opportunities to youth attending Alessandro High School which has an existing first responder career technical education pathway; and
WHEREAS, Cadets will work under the direct supervision of Hemet Fire and the Department of Life Safety part-time for 20 hours per week. The central objective of the CRFCP is to expand the program, purchase necessary equipment, and offer an increased number of youths an eight-week summer employment experience. This program is specifically designed to expose high school youth to fire prevention, code enforcement, community risk reduction, community beautification, and public safety initiatives; and
WHEREAS, HWS/WDD’s partnership with HFLS will create a unique transitional opportunity for youth to gain experience and exposure to fire and life safety training.

HWS/WDD is able to provide vocational training assistance and direct connection to established vocational training programs that offer further training and preparation to become an emergency medical technician, firefighter, or paramedic; and WHEREAS, the proposed CRFCP program was reviewed and determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), Common Sense, General Rule Exemption. The project relates to the provision of workforce services, employment and training activities for Riverside County adults and employers. It can be seen with certainty that there is no

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
possibility that the aforementioned services may have a significant effect on the environment and will not lead to any direct or reasonable indirect physical environmental impacts; and
WHEREAS, CRFCP is anticipated to launch in June 2024, through December 31, 2026. An estimated 60 individual youth will benefit from this program throughout the City of Hemet. Youth will be provided with stipends, mentorship, career counseling and transportation to and from work sites; and
WHEREAS, total program funding of $467,751 is provided solely from the American Rescue Plan Act (ARPA) funds dedicated for implementation of the Community Risk Reduction Fire Cadet Program. A Purchasing Agent at the County of Riverside will issue Purchase Orders to City of Hemet on behalf of Hemet Fire and Department of Life Safety for the program term of the contract to not exceed the total aggregate amount of $467,751. Funding will be provided for services rendered, products provided, and expenses incurred, as a direct result of program implementation efforts by HFLS through the City of Hemet and within County of Riverside's Supervisorial District 5; and

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

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

SECTION 2. DETERMINES – The City Council of the City of Hemet, California, Accepting the American Rescue Plan Act (ARPA) Funds for the Community Risk Reduction Fire Cadet Program from County of Riverside through its Department of

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
Housing and Workforce Force Solutions (HWS), Workforce Development Division (WDD).

SECTION 3. ORDERS - Authorizes the City Manager to Execute All Documents Related to this Program, Authorizes the Administrative Services Director to increase estimated revenues and record a supplemental appropriation of $467,751 in Fund# 232 and $5,300 to Fund 110, and Authorizes the addition of twenty part-time Community Risk Reduction Cadets to the budgeted positions list.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on June 25, 2024.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
PASSED, APPROVED AND ADOPTED this 25th day of June, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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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 25th day of June, 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

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PROFESSIONAL SERVICE AGREEMENT
for

COMMUNITY FIRE CADET PROGRAM COORDINATOR
aka COMMUNITY RISK REDUCTION FIRE CADET PROGRAM COORDINATOR Between

COUNTY OF RIVERSIDE
and

CITY OF HEMET, HEMET FIRE AND LIFE SAFETY AGENCY

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TABLE OF CONTENTS

SECTION HEADING PAGE NUMBER

1. Description of Services.......................................................................................................................3

2. Period of Performance........................................................................................................................4

3. Compensation.....................................................................................................................................4

4. Alteration or Changes to the Agreement ...........................................................................................5

5. Termination ........................................................................................................................................6

6. Ownership/Use of Contract Materials and Products .........................................................................7

7. Conduct of Contractor........................................................................................................................7

8. Inspection of Service: Quality Control/Assurance ............................................................................7

9. Independent Contractor/Employment Eligibility ...............................................................................8

10. Subcontract for Work or Services ......................................................................................................9

11. Disputes .............................................................................................................................................10

12. Licensing and Permits .......................................................................................................................10

13. Use by Other Political Entities...........................................................................................................10

14. Non-Discrimination ...........................................................................................................................11

15. Records and Documents ....................................................................................................................11

16. Confidentiality ...................................................................................................................................11

17. Administration/Contract Liaison........................................................................................................13

18. Notices................................................................................................................................................13

19. Force Majeure.....................................................................................................................................13

20. EDD Reporting Requirements............................................................................................................13

21. Hold Harmless/Indemnification .........................................................................................................14

22. Insurance ...........................................................................................................................................14

23. General ..............................................................................................................................................17 Exhibit A-Description & Scope of Services....................................................................................................23 Exhibit B-Payment Provisions and Budget Breakdown..................................................................................24 Exhibit C- PII Privacy and Security Standards ...............................................................................................26 Exhibit D - Invoice/Payment Template ...........................................................................................................30

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This Professional Service Agreement for Community Fire Cadet Program Coordinator (“Agreement”), is made and entered into effective the _1st_ day of May 2024, by and between THE CITY OF HEMET, a General Law City in the State of California by and through its HEMET FIRE and DEPARTMENT OF LIFE SAFETY (herein referred to as the “CONTRACTOR”), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, by and through its DEPARTMENT OF

HOUSING AND WORKFORCE SOLUTIONS (HWS), WORKFORCE DEVELOPMENT DIVISION (WDD), (herein referred to as the "COUNTY").

RECITALS
WHEREAS, The COUNTY has received funding from the American Rescue Plan Act as a result of the COVID-19 pandemic in stimulus packages of 2021 to implement strategic programs including but not limited to, assistance to small businesses, households, hard-hit industries, and general economic recovery within the COUNTY’s jurisdiction.

WHEREAS, in connection with the State of California to administer American Rescue Plan Act (ARPA) funded programs, the COUNTY will enter in a single source procurement with the City of Hemet, Hemet Fire and Department of Life Safety to implement the scope of services.

WHEREAS, COUNTY desires to enter into an Agreement with the CONTRACTOR based on its expertise, special skills, knowledge and experience in providing such services, as more specifically set forth in the Agreement below.

NOW, THEREFORE, based upon the foregoing recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the COUNTY and CONTRACTOR hereby agree as follows:

1. Description of Services

1.1 The CONTRACTOR shall serve as the Community Fire Cadet program coordinator and provide services as outlined and specified in the Scope of Services attached hereto and incorporated herein as Exhibit A, and the Program Budget attached hereto and incorporated herein as Exhibit B, for the amount not to exceed that which is stated in paragraph 3.1.

1.2 CONTRACTOR represents that it has the skills, experience, knowledge, personnel, equipment, and facilities necessary to perform under this Agreement and the COUNTY relies upon this representation.

CONTRACTOR shall perform to the satisfaction of the COUNTY and in conformance to and consistent with the highest standards of firms/professionals in the same discipline in the State of California.

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1.3 CONTRACTOR affirms that it is fully apprised of all of the work to be performed under this Agreement; and the CONTRACTOR agrees it can properly perform this work at the prices stated in Exhibit B.

CONTRACTOR is not to perform services or provide products outside of the Agreement.

1.4 Acceptance by the COUNTY of the CONTRACTOR’s performance under this Agreement does not operate as a release of CONTRACTOR’s responsibility for full compliance with the terms of this Agreement.

2. Period of Performance
The CONTRACTOR shall perform the scope of services for the COUNTY in a timely manner and COUNTY’S satisfaction, as more specifically set forth in Exhibit A, Scope of Services, and in Exhibit B, Program Budget, as such services are necessary for the implementation and execution of the Community Fire Cadet program. This Agreement shall commence effective May 1, 2024, and continues in effect through December 31, 2026, unless terminated earlier. CONTRACTOR shall commence performance upon the effective date of this Agreement and shall diligently and continuously perform thereafter. The Riverside County Board of Supervisors is the only authority that may obligate the County for a non-cancelable multiyear agreement.

3. Compensation

3.1 The COUNTY shall pay the CONTRACTOR for services performed, products provided, and expenses incurred for the Scope of Services defined in Exhibit A, pursuant to the Program Budget set forth in Exhibit B. Maximum payments by COUNTY to CONTRACTOR shall not exceed four hundred sixtyseven thousand seven hundred fifty-one dollars ($467,751) for the duration of the contract term, including all expenses. The COUNTY is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified number of services or products, unless agreed to by the COUNTY in writing.

3.2 No price increases will be permitted during the first year of this Agreement (if applicable). All price decreases (for example, if CONTRACTOR offers lower prices to another governmental entity) will automatically be extended to the COUNTY. The COUNTY requires written proof satisfactory to COUNTY of cost increases prior to any approved price adjustment. After the first year of the award, a minimum of 30-days advance notice in writing is required to be considered and approved by COUNTY. No retroactive price adjustments will be considered. Any price increases must be stated in a written amendment to this Agreement.

The net dollar amount of profit will remain firm during the period of the Agreement. Annual increases shall not exceed the Consumer Price Index- All Consumers, All Items - Greater Los Angeles, Riverside and Orange

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County areas and be subject to satisfactory performance review by the COUNTY and approved (if needed) for budget funding by the Board of Supervisors.

3.3 CONTRACTOR shall be paid only in accordance with an invoice submitted to COUNTY by CONTRACTOR within fifteen (15) days from the last day of each calendar month, and conforming to Exhibit C, attached hereto and incorporated herein by this reference, and COUNTY shall pay the invoice within thirty (30) working days from the date of receipt of the invoice. Payment shall be made to CONTRACTOR only after services have been rendered or delivery of materials or products, and acceptance has been made by COUNTY.

Prepare invoices in duplicate. For this Agreement, send the original and duplicate copies of invoices to:

RIVERSIDE COUNTY

WORKFORCE DEVELOPMENT DIVISION
ATTN: ACCOUNTS PAYABLE
1325 SPRUCE ST., SUITE 400
RIVERSIDE, CA 92507
a) Each invoice shall contain a minimum of the following information: invoice number and date; remittance address; itemization of the description of the work (hourly rate and extensions, if applicable); and an invoice total and shall conform to the Invoice Form attached hereto as Exhibit C.
b) Invoices shall be rendered monthly in arrears.

3.4 The COUNTY obligation for payment of this Agreement beyond the current fiscal year end is contingent upon and limited by the availability of COUNTY funding from which payment can be made, and invoices shall be rendered “monthly” in arrears. In the State of California, the COUNTY is not allowed to pay excess interest and late charges, per Government Code Section 926.10. No legal liability on the part of the COUNTY shall arise for payment beyond June 30 of each calendar year unless funds are made available for such payment. In the event that such funds are not forthcoming for any reason, COUNTY shall immediately notify CONTRACTOR in writing; and this Agreement shall be deemed terminated and have no further force and effect.

4. Alteration or Changes to the Agreement

4.1 The Board of Supervisors and the COUNTY Purchasing Agent, or designee, are the only authorized COUNTY representatives who may at any time, by written order, alter this Agreement. If any such alteration causes an increase or decrease in the cost of, or the time required for the performance under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified by written amendment accordingly.

4.2 Any claim by the CONTRACTOR for additional payment related to this Agreement shall be made in writing by the CONTRACTOR within 30 days of when the CONTRACTOR has or should have

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notice of any actual or claimed change in the work, which results in additional and unanticipated cost to the CONTRACTOR. If the COUNTY Purchasing Agent decides that the facts provide sufficient justification, he may authorize additional payment to the CONTRACTOR pursuant to the claim. Nothing in this section shall excuse the CONTRACTOR from proceeding with performance of the Agreement even if there has been a change.

5. Termination

5.1 COUNTY may terminate this Agreement without cause upon thirty (30) days written notice served upon the CONTRACTOR stating the extent and effective date of termination.

5.2 COUNTY may, upon five (5) days written notice terminate this Agreement for CONTRACTOR's default, if CONTRACTOR refuses or fails to comply with the terms of this Agreement or fails to make progress that may endanger performance and does not immediately cure such failure. In the event of such termination, the COUNTY may proceed with the work in any manner deemed proper by COUNTY.

5.3 After receipt of the notice of termination, CONTRACTOR shall:
(a) Stop all work under this Agreement on the date specified in the notice of termination; and
(b) Transfer to COUNTY and deliver in the manner as directed by COUNTY any materials, reports, or other products, which, if the Agreement had been completed or continued, would have been required to be furnished to COUNTY.

5.4 After termination, COUNTY shall make payment only for CONTRACTOR’s performance up to the date of termination in accordance with this Agreement.

5.5 CONTRACTOR’s rights under this Agreement shall terminate (except for fees accrued prior to the date of termination) upon dishonesty or a willful or material breach of this Agreement by CONTRACTOR; or in the event of CONTRACTOR’s unwillingness or inability for any reason whatsoever to perform the terms of this Agreement. In such event, CONTRACTOR shall not be entitled to any further compensation under this Agreement.

5.6 If the Agreement is federally or State funded, CONTRACTOR cannot be debarred from the System for Award Management (SAM). CONTRACTOR must notify the COUNTY immediately of a debarment. Reference: System for Award Management (SAM) at https://www.sam.gov for Central Contractor Registry (CCR), Federal Agency Registration (Fedreg), Online Representations and Certifications Application, and Excluded Parties List System (EPLS)). Excluded Parties Listing System (EPLS) (https://www.visualofac.com/regulations/excluded-parties-list-system/) (Executive Order 12549, 7

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CFR Part 3017, 45 CFR Part 76, and 44 CFR Part 17). The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.

5.7 The rights and remedies of COUNTY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement.

6. Ownership/Use of Contract Materials and Products
The CONTRACTOR agrees that all materials, reports, or products in any form, including electronic, created by CONTRACTOR for which CONTRACTOR has been compensated by COUNTY pursuant to this Agreement shall be the sole property of the COUNTY. The material, reports or products may be used by the COUNTY for any purpose that the COUNTY deems to be appropriate, including, but not limit to, duplication and/or distribution within the COUNTY or to third parties. CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the COUNTY.

7. Conduct of Contractor

7.1 The CONTRACTOR covenants that it presently has no interest, including, but not limited to, other projects or contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with CONTRACTOR’s performance under this Agreement. The CONTRACTOR further covenants that no person or subcontractor having any such interest shall be employed or retained by CONTRACTOR under this Agreement. The CONTRACTOR agrees to inform the COUNTY of all the CONTRACTOR's interests, if any, which are or may be perceived as incompatible with the COUNTY’s interests.

7.2 The CONTRACTOR shall not, under circumstances which could be interpreted as an attempt to influence the recipient in the conduct of his/her duties, accept any gratuity or special favor from individuals or firms with whom the CONTRACTOR is doing business or proposing to do business, in accomplishing the work under this Agreement.

7.3 The CONTRACTOR or its employees shall not offer gifts, gratuity, favors, and entertainment directly or indirectly to COUNTY employees.

8. Inspection of Service; Quality Control/Assurance

8.1 All performance (which includes services, workmanship, materials, supplies and equipment furnished or utilized in the performance of this Agreement) shall be subject to inspection and test by the COUNTY or other regulatory agencies at all times. The CONTRACTOR shall provide adequate cooperation to any inspector or other COUNTY representative to permit him/her to determine the CONTRACTOR’s conformity with the terms of this Agreement. If any services performed or products

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provided by CONTRACTOR are not in conformance with the terms of this Agreement, the COUNTY shall have the right to require the CONTRACTOR to perform the services or provide the products in conformance with the terms of the Agreement at no additional cost to the COUNTY. When the services to be performed or the products to be provided are of such nature that the difference cannot be corrected; the COUNTY shall have the right to: (1) require the CONTRACTOR immediately to take all necessary steps to ensure future performance in conformity with the terms of the Agreement; and/or (2) reduce the Agreement price to reflect the reduced value of the services performed or products provided. The COUNTY may also terminate this Agreement for default and charge to CONTRACTOR any costs incurred by the COUNTY because of the CONTRACTOR’s failure to perform.

8.2 CONTRACTOR shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a COUNTY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR’s performance under this Agreement at any time, upon reasonable written notice to the CONTRACTOR.

9. Independent Contractor/Employment Eligibility

9.1 The CONTRACTOR is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CONTRACTOR (including its employees, agents, and subcontractors) shall in no event be entitled to any benefits to which COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer-employee relationship between the parties; and CONTRACTOR shall hold COUNTY harmless from any and all claims that may be made against COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Agreement. It is further understood and agreed by the parties that CONTRACTOR in the performance of this Agreement is subject to the control or direction of COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.

9.2 CONTRACTOR warrants that it shall make its best effort to fully comply with all federal and state statutes and regulations regarding the employment of aliens and others and to ensure that employees performing work under this Agreement meet the citizenship or alien status requirement set forth in federal statutes and regulations. CONTRACTOR shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by federal or state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986,

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8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all covered employees, for the period prescribed by the law.

9.3 Ineligible Person shall be any individual or entity who: Is currently excluded, suspended, debarred or otherwise ineligible to participate in the federal health care programs; or has been convicted of a criminal offense related to the provision of health care items or services and has not been reinstated in the federal health care programs after a period of exclusion, suspension, debarment, or ineligibility.

9.4 CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement.

CONTRACTOR shall not hire or engage any Ineligible Person to provide services directly relative to this Agreement. CONTRACTOR shall screen all current Covered Individuals within sixty (60) days of execution of this Agreement to ensure that they have not become Ineligible Persons unless CONTRACTOR has performed such screening on same Covered Individuals under a separate agreement with COUNTY within the past six (6) months. Covered Individuals shall be required to disclose to CONTRACTOR immediately any debarment, exclusion or other event that makes the Covered Individual an Ineligible Person. CONTRACTOR shall notify COUNTY within five (5) business days after it becomes aware if a Covered Individual providing services directly relative to this Agreement becomes debarred, excluded, or otherwise becomes an Ineligible Person.

9.5 CONTRACTOR acknowledges that Ineligible Persons are precluded from providing federal and state funded health care services by contract with COUNTY in the event that they are currently sanctioned or excluded by a federal or state law enforcement regulatory or licensing agency. If CONTRACTOR becomes aware that a Covered Individual has become an Ineligible Person, CONTRACTOR shall remove such individual from responsibility for, or involvement with, COUNTY business operations related to this Agreement.

9.6 CONTRACTOR shall notify COUNTY within five (5) business days if a Covered Individual or entity is currently excluded, suspended, or debarred, or is identified as such after being sanction screened.

Such individual or entity shall be promptly removed from participating in any activity associated with this Agreement.

10. Subcontract for Work or Services
No contract shall be made by the CONTRACTOR with any other party for furnishing any of the work or services under this Agreement without the prior written approval of the COUNTY; but this provision shall not require the approval of contracts of employment between the CONTRACTOR and personnel assigned under this Agreement, or for parties named in the proposal and agreed to under this Agreement.

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11. Disputes

11.1 The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. Any dispute relating to this Agreement, which is not resolved by the parties, shall be decided by the COUNTY’s Purchasing Department’s Compliance Contract Officer who shall furnish the decision in writing. The decision of the COUNTY’s Compliance Contract Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous to imply bad faith. The CONTRACTOR shall proceed diligently with the performance of this Agreement pending the resolution of a dispute.

11.2 Prior to the filing of any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations. The parties shall jointly select a mediator acceptable to the CONTRACTOR and COUNTY. The mediation shall take place in Riverside County. Each party shall be responsible for its own legal fees and other expenses incident to the preparation for mediation. If the dispute cannot be resolved by mediation, neither COUNTY nor CONTRACTOR waives their rights to bring the appropriate legal action in a court of competent jurisdiction within the County of Riverside.

12. Licensing and Permits
CONTRACTOR shall comply with all State or other licensing requirements, including but not limited to the provisions of Chapter 9 of Division 3 of the Business and Professions Code. All licensing requirements shall be met at the time proposals are submitted to the COUNTY. CONTRACTOR warrants that it has all necessary permits, approvals, certificates, waivers and exemptions necessary for performance of this Agreement as required by the laws and regulations of the United States, the State of California, the County of Riverside and all other governmental agencies with jurisdiction, and shall maintain these throughout the term of this Agreement relative to the Scope of Services to be performed under Exhibit A, and that service(s) will be performed by properly trained and licensed staff.

13. Use By Other Political Entities
The CONTRACTOR agrees to extend the same pricing, terms, and conditions as stated in this Agreement to each and every political entity, special district, and related non-profit. It is understood that other entities shall make purchases in their own name, make direct payment, and be liable directly to the

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CONTRACTOR; and COUNTY shall in no way be responsible to CONTRACTOR for other entities’ purchases.

14. Non-Discrimination
CONTRACTOR shall comply with the nondiscrimination and equal opportunity provisions found in Section 188 of WIOA and 29 CFR Part 38 prohibit discrimination on the basis of race; color; religion; sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity); national origin (including Limited English Proficiency); age; disability; political affiliation or belief; or, for beneficiaries, applicants, and participants only, on the basis of citizenship status or participation in a WIOA Title I-financially assisted program or activity. The CONTRACTOR will “comply fully with the nondiscrimination and equal opportunity provisions of the WIOA” (29 CFR Part 38 Preamble) and acknowledge the government’s right to seek judicial enforcement of the nondiscrimination assurance; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment Practices Act (commencing with Section 1410 of the Labor Consultant), the Federal Civil Rights Act of 1964 (P.L. 88-352), the Americans with Disabilities Act of 1990 (42 U.S.C. §1210 et seq.) and all other applicable laws or regulations.

CONTRACTOR agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, and all applicable federal and state laws and regulations, guidelines, and interpretations issued hereto in the execution of the duties and responsibilities under the Agreement.

15. Record Retention and Documents
CONTRACTOR agrees to retain all records pertaining to this Agreement for a period of seven (7) years after termination of this Agreement. If, at the end of seven (7) years, there is an ongoing litigation or an audit involving those records, the CONTRACTOR shall retain the records until the resolution of such litigation or audit is completed. The Department of Labor, the Grantor, and the COUNTY reserve the right to monitor and visit, announced or unannounced, the CONTRACTOR facilities at any time during normal business hours. The monitoring shall be conducted in accordance with the COUNTY WIOA Monitoring Guide and WIOA State Directives.

16. Confidentiality

16.1 The CONTRACTOR shall not use for personal gain or make other improper use of privileged or confidential information which is acquired in connection with this Agreement. The term

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“privileged or confidential information” includes but is not limited to: unpublished or sensitive technological or scientific information; medical, personnel, or security records; anticipated material requirements or pricing/purchasing actions; COUNTY information or data which is not subject to public disclosure; COUNTY operational procedures; and knowledge of selection of contractors, subcontractors or suppliers in advance of official announcement.

16.2 The CONTRACTOR shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Agreement, except for general statistical information not identifying any person. The CONTRACTOR shall not use such information for any purpose other than carrying out the CONTRACTOR’s obligations under this Agreement. The CONTRACTOR shall promptly transmit to the COUNTY all third-party requests for disclosure of such information. The CONTRACTOR shall not disclose, except as otherwise specifically permitted by this Agreement or authorized in advance in writing by the COUNTY, any such information to anyone other than the COUNTY. For purposes of this paragraph, identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particulars assigned to the individual, such as finger or voice print or a photograph.

PERSONALLY IDENTIFIABLE INFORMATION
A. Personally Identifiable Information (Pll) refers to personally identifiable information that can be used alone or in conjunction with any other reasonably available information, to identify a specific individual. Pll includes, but is not limited to, an individual's name, social security number, driver's license number, identification number, biometric records, date of birth, place of birth, or mother’s maiden name. The Pll may be electronic, paper, verbal, or recorded. PII may be collected performing administrative functions on behalf of programs, such as determining eligibility for, or enrollment in, and SUBRECIPIENT may collect PII for such purposes, to the extent such activities are authorized by law.

B. SUBRECIPIENT may use or disclose PII only to perform functions, activities or services directly related to the administration of programs or as required by law. Disclosures which are required by law, such as a court order, or which are made with the explicit written authorization of the client, are allowable. Any other use or disclosure of PII requires the express approval in writing by COUNTY. SUBRECIPIENT shall not duplicate, disseminate or disclose PII except as allowed in this Agreement.

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C. SUBRECIPIENT agrees to the PII Privacy and Security Standards attached as Exhibit C. When applicable, SUBRECIPIENT shall incorporate the relevant provisions of Exhibit C into each subcontract or sub-award to subcontractors.

17. Administration/Contract Liaison
The COUNTY Purchasing Agent, or designee, shall administer this Agreement on behalf of the COUNTY. The Purchasing Department is to serve as the liaison with CONTRACTOR in connection with this Agreement.

18. Notices
All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted two days after their deposit in the United States mail, postage prepaid:

COUNTY OF RIVERSIDE CONTRACTOR

WORKFORCE DEVELOPMENT DIVISION CITY OF HEMET FIRE AND LIFE SAFTEY ATTN: HEIDI MARSHALL, ATTN: EDDIE SELL

DIRECTOR OF HWS-WDD FIRE CHIEF/EXECUTIVE DIRECTOR
1325 SPRUCE ST. SUITE 400 510 E. FLORIDA AVE
RIVERSIDE, CA 92507 HEMET,CA 92543

19. Force Majeure
If either party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such party shall not be held liable for such failure to comply.

20. EDD Reporting Requirements
In order to comply with child support enforcement requirements of the State of California, the COUNTY may be required to submit a Report of Independent Contractor(s) form DE 542 to the Employment Development Department. The CONTRACTOR agrees to furnish the required data and certifications to the COUNTY within 10 days of notification of award of Agreement when required by the EDD. This data will be transmitted to governmental agencies charged with the establishment and enforcement of child support orders. Failure of the CONTRACTOR to timely submit the data and/or certificates required may result in the contract being awarded to another contractor. In the event a contract has been issued, failure of the CONTRACTOR to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignments Orders

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and Notices of Assignment shall constitute a material breach of Agreement. If CONTRACTOR has any questions concerning this reporting requirement, please call (916) 657-0529. CONTRACTOR should also contact its local Employment Tax Customer Service Office listed in the telephone directory in the State Government section under “Employment Development Department” or access their Internet site at www.edd.ca.gov.

21. Hold Harmless/Indemnification

21.1 CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability, action, claim or damage whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. CONTRACTOR shall defend the Indemnitees at its sole expense including all costs and fees (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such acts, omissions or services.

21.2 With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR indemnification to Indemnitees as set forth herein.

21.3 CONTRACTOR’S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

21.4 The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’S obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

22. Insurance

22.1 Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s 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,

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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 CONTRACTOR has employees as defined by the State of California, the CONTRACTOR 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 CONTRACTOR’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.

B.1 Sexual Abuse or Molestation (SAM) Liability:

If the work will include contact with minors, and the Commercial General Liability policy is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor/Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2,000,000 per occurrence or claim.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then CONTRACTOR 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 all the Agencies, Districts, Special Districts, and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

D. Professional Liability

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CONTRACTOR shall maintain Professional Liability Insurance providing coverage for the CONTRACTOR’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 CONTRACTOR’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 CONTRACTOR 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 retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that CONTRACTOR has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2), or 3) will continue as long as the law allows.

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 CONTRACTOR must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $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 Country’s Risk Manager, CONTRACTOR’S carriers shall either; 1) reduce or eliminate such selfinsured 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) CONTRACTOR shall cause CONTRACTOR’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 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. 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 original copies

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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.

CONTRACTOR shall not commence operations until the COUNTY 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 shall sign the original endorsements for each policy and the Certificate of Insurance.
4) It is understood and agreed to by the parties hereto that the CONTRACTOR’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. 5) 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 (such as the use of aircraft or watercraft); 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 Manager's reasonable judgment, the amount or type of insurance carried by the CONTRACTOR has become inadequate. 6) CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
7) The insurance requirements contained in this Agreement may be met with a program(s) of selfinsurance acceptable to the COUNTY. 8) CONTRACTOR 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.

23. General

23.1 CONTRACTOR shall not delegate or assign any interest in this Agreement, whether by operation of law or otherwise, without the prior written consent of COUNTY. Any assignment or purported assignment of this Agreement by CONTRACTOR without the prior written consent of COUNTY will be deemed void and of no force or effect.

23.2 Any waiver by COUNTY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of COUNTY to require exact, full, and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms or preventing COUNTY from enforcement of the terms of this Agreement.

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23.3 In the event the CONTRACTOR receives payment under this Agreement, which is later disallowed by COUNTY for nonconformance with the terms of the Agreement, the CONTRACTOR shall promptly refund the disallowed amount to the COUNTY on request; or at its option the COUNTY may offset the amount disallowed from any payment due to the CONTRACTOR.

23.4 CONTRACTOR shall not provide partial delivery or shipment of services or products unless specifically stated in the Agreement.

23.5 CONTRACTOR shall not provide any services or products subject to any chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by a third party. The CONTRACTOR warrants that it has good title to all materials or products used by CONTRACTOR or provided to COUNTY pursuant to this Agreement, free from all liens, claims, or encumbrances.

23.6 Nothing in this Agreement shall prohibit the COUNTY from acquiring the same type or equivalent equipment, products, materials, or services from other sources, when deemed by the COUNTY to be in its best interest. The COUNTY reserves the right to purchase more or less than the quantities specified in this Agreement.

23.7 The COUNTY agrees to cooperate with the CONTRACTOR in the CONTRACTOR's performance under this Agreement, including, if stated in the Agreement, providing the CONTRACTOR with reasonable facilities and timely access to COUNTY data, information, and personnel.

23.8 CONTRACTOR shall comply with all applicable Federal, State and local laws and regulations. CONTRACTOR will comply with all applicable COUNTY policies and procedures. In the event that there is a conflict between the various laws or regulations that may apply, the CONTRACTOR shall comply with the more restrictive law or regulation.

23.9 CONTRACTOR shall comply with all air pollution control, water pollution, safety and health ordinances, statutes, or regulations, which apply to performance under this Agreement.

23.10 CONTRACTOR shall comply with all requirements of the Occupational Safety and Health Administration (OSHA) standards and codes as set forth by the U.S. Department of Labor and the State of California (Cal/OSHA).

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23.11 This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

23.12 This Agreement, including any attachments or exhibits, constitutes the entire Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be changed or modified only by a written amendment signed by authorized representatives of both parties. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

23.13 If any project produces patentable items, patent rights, processes, or inventions in the course of work under a Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the COUNTY. The COUNTY shall report the fact to the Grant Officer at DOL. Unless there is a prior agreement between the COUNTY and the DOL or its representative on these matters, DOL shall determine whether to seek protection on the invention or discovery. DOL or its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the following Patent Policy found at 29 CFR 95.36 and 29 CFR 97.34.

23.14 Unless otherwise provided in terms of the Grant or the Agreement, when copyrighted material is developed in the course of or under this Agreement, the author and the COUNTY which developed the work are free to copyright material or to permit others to do so. The COUNTY and the Workforce Development Board shall have a royalty-free, non-exclusive, and irrevocable license to produce, publish, and use and to authorize other to use all copyrighted material.

23.15 All original reports, preliminary findings, or data assembled or compiled by CONTRACTOR under this Agreement become the property of the COUNTY. The COUNTY reserves the right to authorize others to use or reproduce such materials. Therefore, such materials may not be circulated in whole or in part, nor released to the public, without the direct authorization of the COUNTY.

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23.16 Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510 (Lower Tier). The CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the CONTRACTOR is unable to certify to any of the statements in this certification, CONTRACTOR shall attach an explanation to this Agreement.

23.17 The CONTRACTOR shall assure that funds provided by this Agreement must be used exclusively for activities that are authorized under WIOA. Co-mingling and/or diverting of funds to support the activities of other programs are not authorized. Documentation supporting expenditures will be kept on file at the CONTRACTOR’s office and made available at all times for audit and monitoring purposes for a period of no less than seven (7) years after the COUNTY makes final payment and all pending matters are closed.

23.18 The CONTRACTOR will comply with controls, recordkeeping, and accounting procedure requirements of WIOA, federal and state regulations and directives to ensure the proper accounting for funds paid under this Agreement. At such times and in such form, the COUNTY may require statements, records, reports, data, and information pertaining to this Agreement be maintained on file for purpose of an audit or examination. Retention of all records for seven (7) years after the County makes final payment and all other pending matters are closed, is required.

23.19 The CONTRACTOR shall establish and implement appropriate internal management procedures to prevent fraud, abuse, and criminal activity. Further, the CONTRACTOR shall establish a reporting process to ensure that the COUNTY is notified immediately of any allegation of WIOA-related fraud, abuse, or criminal activity or any suspected or proven fraud, abuse or criminal acts committed by staff or participants. If the allegation is of any emergency and/or fiscal nature, it shall be reported to the COUNTY’S Administration Unit at (951) 955-3100, and immediately thereafter, a written report shall be submitted. Proof of such report will be maintained in the CONTRACTOR’s file.

23.20 Should the CONTRACTOR fail to perform the services as outlined in Exhibit A, the COUNTY and the CONTRACTOR will meet and confer to modify the Scope of Services and compensation arrangements.

23.21 CONTRACTOR represents and warrants that CONTRACTOR is registered to do business in the State of California with the California Secretary of State.

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23.22 This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of the Agreement agrees to the use of electronic signatures, such as a digital signature that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts amount parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code.
[Remainder of Page Intentionally Blank]
[Signatures on Following Page]

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IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY:

COUNTY OF RIVERSIDE, a political
subdivision of the State of California, by and
through its Department of Housing and
Workforce Solutions, Workforce Development
Division
By:_____________________________
Heidi Marshall
Deputy Director of HWS
Dated: _____________________
CONTRACTOR:

CITY OF HEMET, HEMET FIRE
DEPARTMENT OF LIFE SAFETY, a General
Law City in the State of California
By:_____________________________

Eddie Sell
Fire Department Chief
Dated: _____________________
APPROVED AS TO FORM: By: ______________________
MINH C. TRAN Mark Prestwich
County Counsel City Manager
By: ______________________ Dated: _____________________ Paula S. Salcido
Deputy County Counsel
Dated: _____________________

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EXHIBIT A

DESCRIPTION & SCOPE OF SERVICES
Contractor shall provide the following Services/Scope of Work including, but not limited to:

1. CONTRACTOR will serve as the primary coordinator for the Community Fire Cadet Program (CFCP) and implement the youth focused eight-week summer employment experience program specifically designed to expose high school youth with skills in; fire prevention, code enforcement, community risk reduction, community beautification, and public safety within the city of Hemet and throughout supervisorial district 5.

2. CONTRACTOR must ensure that all marketing and outreach materials is reviewed and approved by COUNTY prior distributing information to employers or program participants.

3. In coordination with COUNTY, CONTRACTOR will use all reasonable endeavors to recruit and enroll a minimum of twenty (20) eligible participants each summer term, in total a minimum of sixty (60) eligible participants should be enrolled in the Community Fire Cadet Program between May 1, 2024, and December 31, 2026.

4. In coordination with COUNTY, CONTRACTOR will provide additional resources and referrals as appropriate for eligible participants. COUNTY will ensure eligible participants will also be assigned to an individual career counselor who will assist the participant in becoming employment ready as well as provide on-going support to ensure participant can retain or enter employment.

5. CONTRACTOR shall monitor and record participant contact information and participant status.

CONTRACTOR shall ensure that information is provided in a timely and accurate manner to COUNTY.

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EXHIBIT B

PAYMENT PROVISIONS AND BUDGET BREAKDOWN
I. Payment Provisions

1. COUNTY agrees to reimburse CONTRACTOR based on a pay-for-performance model each month during Period of Performance as defined in Paragraph 2.1. The COUNTY shall pay the CONTRACTOR for services performed, products provided, and expenses incurred as outlined in Exhibit A – Scope of Work.

2. COUNTY agrees to pay CONTRACTOR a maximum of twenty-five percent of program budget, in an amount not to exceed $116,937.75. To begin implementation of program and cover initial expenses as determined by CONTRACTOR.

3. COUNTY agrees to purchase and transfer title to the vehicle(s) to CONTRACTOR to be used for CFCP services. CONTRACTOR agrees to complete all documents related to the registration and ownership of the vehicle(s).

4. CONTRACTOR will be responsible for the use of the vehicle(s) dedicated to providing CFCP services on a full-time basis and pay for all operational expenses of the vehicle including maintenance and fuel. CONTRACTOR shall provide proof of vehicle retention for a seven (7) year period by providing proof of registration and insurance on a yearly basis.

5. CONTRACTOR shall primarily use vehicle(s) for the purpose of providing CFCP services.

However, CONTRACTOR may also use the vehicle(s) for other services, provided that such use does not interfere with the provision of CFCP services. Should the CONTRACTOR use the vehicle(s) in a manner that negatively impacts the provision of CFCP services within the City of Hemet and throughout the Supervisorial district, the COUNTY reserves the right to require the CONTRACTOR to pay an amount equal to the current market value of the vehicle(s).

6. CONTRACTOR shall be paid only in accordance with an invoice submitted to COUNTY by CONTRACTOR within fifteen (15) days from the last day of each calendar month, CONTRACTOR agrees to include as applicable: outreach and resources provided, participant name, and other outlined expenses per line item as defined in Exhibit B Section II.

7. CONTRACTOR understands that COUNTY can submit requests for additional supporting information for invoices with formal notice given to CONTRACTOR of at least 10 business days.

8. CONTRACTOR must ensure scope of work and performance metrics, as defined in Exhibit A, are fully executed within the allotted program compensation amount as defined in Paragraph 3.1 and outlined in Exhibit B, Section II of this agreement.

9. CONTRACTOR understands that budgeting and expenditure of program funds must be conducted on a timely basis at least 1 month prior to grant term completion unless formal notice of program extension is presented by the COUNTY.

10. CONTRACTOR understand that COUNTY can make additional requests and modifications as necessary for program implementation with formal notice given to CONTRACTOR of at least 10

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business days. Information may include but not in not limited to; budget modifications, marketing information, supplemental data collection, supplemental documents, supplemental reports, supplemental invoice information.

II. Budget Breakdown

COMMUNITY FIRE CADET PROGRAM
FY23/24 FY24/25 FY25/26 TOTAL

SALARIES & WAGES
Part-Time Salary/Stipend 64,000 66,560 69,222 199,782
Supervisor/Mentor 60,000 62,400 64,896 187,296
Workers Comp Insurance 5,640 5,866 6,100 17,606
TOTAL SALARIES & WAGES 129,640 134,826 140,218 404,684

EXPENDITURES
Orientation Training 750 780 811 2,341
Outfit Vehicles 10,000 - - 10,000
Tools & Equipment 4,250 4,420 4,597 13,267
Uniforms/Boots/Safety Equipment 12,000 12,480 12,979 37,459 TOTAL EXPENDITURES 27,000 17,680 18,387 63,067
MAJOR MACHINERY & EQUIPMENT**
Passenger Van/Support Vehicle ** 100,000 - - 100,000
Pickup Truck/Support Vehicle ** 80,000 - - 80,000

TOTAL MAJOR MACHINERY &
EQUIPMENT** 180,000 - - 180,000
GRAND TOTAL PROGAM COSTS $ 156,640 $152,506 $ 158,605 $467,751 *Major Machinery and Equipment (vehicles) costs will be purchased by the County and not counted towards the total budget in this agreement with the City of Hemet.

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EXHIBIT C

PII PRIVACY AND SECURITY STANDARDS
I. PHYSICAL SECURITY
CONTRACTOR shall ensure PII is used and stored in an area that is physically safe from access by unauthorized persons at all times. CONTRACTOR agrees to safeguard PII from loss, theft, or inadvertent disclosure and, therefore, agrees to:

A. Secure all areas of the CONTRACTOR facilities where staff assist in the administration of their program and use, disclose, or store PII.

B. These areas shall be restricted to only allow access to authorized individuals by using one or more of the following:
a. Properly coded key cards
b. Authorized door keys
c. Official identification
C. Issue identification badges to CONTRACTOR staff.

D. Require CONTRACTOR staff to wear these badges where PII is used, disclosed, or stored.

E. Ensure each physical location, where PII is used, disclosed, or stored, has procedures and controls that ensure an individual who is terminated from access to the facility is promptly escorted from the facility by an authorized employee and access is revoked.

F. Ensure there are security guards or a monitored alarm system at all times at the Contractor facilities and leased facilities where five hundred (500) or more individually identifiable records of PII is used, disclosed, or stored. Video surveillance systems are recommended.

G. Ensure data centers with servers, data storage devices, and/or critical network infrastructure involved in the use, storage, and/or processing of PII have perimeter security and physical access controls that limit access to only authorized staff. Visitors to the data center area must be escorted at all times by authorized staff.

H. Store paper records with PII in locked spaces, such as locked file cabinets, locked file rooms, locked desks, or locked offices in facilities which are multi-use meaning that there are County and non-County functions in one building in work areas that are not securely segregated from each other. It is recommended that all PII be locked up when unattended at any time, not just within multi-use facilities.

I. Use all reasonable measures to prevent non-authorized personnel and visitors from having access to, control of, or viewing PII.

II. TECHNICAL SECURITY CONTROLS
A. Workstation/Laptop Encryption. All workstations and laptops, which use, store and/or process PII, must be encrypted using a FIPS 140-2 certified algorithm 128 bit or higher, such as Advanced Encryption Standard (AES). The encryption solution must be full disk. It is encouraged, when available and when feasible, that the encryption be 256 bit.

B. Server Security. Servers containing unencrypted PII must have sufficient administrative, physical, and technical controls in place to protect that data, based upon a risk assessment system security review. It is recommended to follow the guidelines documented in the latest revision of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53, Security and Privacy Controls for Federal Information Systems and Organizations.

C. Minimum Necessary. Only the minimum necessary amount of PII required to perform required business functions may be accessed, copied, downloaded, or exported.

D. Mobile Device and Removable Media. All electronic files, which contain PII data, must be encrypted when stored on any mobile device or removable media (i.e. USB drives, CD/DVD, smartphones, tablets, backup tapes etc.). Encryption must be a FIPS 140-2 certified algorithm 128 bit or higher, such as AES. It is encouraged, when available and when feasible, that the encryption be 256 bit.

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E. Antivirus Software. All workstations, laptops and other systems, which process and/or store PII, must install and actively use an antivirus software solution. Antivirus software should have automatic updates for definitions scheduled at least daily.

F. Patch Management.
a. All workstations, laptops and other systems, which process and/or store PII, must have critical security patches applied, with system reboot if necessary. b. There must be a documented patch management process that determines installation timeframe based on risk assessment and vendor recommendations.
c. At a maximum, all applicable patches deemed as critical must be installed within thirty (30) days of vendor release. It is recommended that critical patches which are high risk be installed within seven (7) days.
d. Applications and systems that cannot be patched within this time frame, due to significant operational reasons, must have compensatory controls implemented to minimize risk.

G. User IDs and Password Controls.
a. All users must be issued a unique username for accessing PII. b. Username must be promptly disabled, deleted, or the password changed upon the transfer or termination of an employee within twenty-four (24) hours. Note: Twenty-four (24) hours is defined as one (1) working day.
c. Passwords are not to be shared.
d. Passwords must be at least eight (8) characters.
e. Passwords must be a non-dictionary word.
f. Passwords must not be stored in readable format on the computer or server. g. Passwords must be changed every ninety (90) days or less. It is recommended that passwords be required to be changed every sixty (60) days or less.
h. Passwords must be changed if revealed or compromised. i. Passwords must be composed of characters from at least three (3) of the following four (4) groups from the standard keyboard:
i. Upper case letters (A-Z)
ii. Lower case letters (a-z)
iii. Arabic numerals (0-9)
iv. Special characters (!,@,#, etc.)
H. Data Destruction. When no longer needed, all PII must be cleared, purged, or destroyed consistent with NIST SP 800-88, Guidelines for Media Sanitization, such that the PII cannot be retrieved.

I. System Timeout. The systems providing access to PII must provide an automatic timeout, requiring reauthentication of the user session after no more than twenty (20) minutes of inactivity.

J. Warning Banners. The systems providing access to PII must display a warning banner stating, at a minimum:
a. Data is confidential;
b. Systems are logged;
c. System use is for business purposes only, by authorized users; and d. Users shall log off the system immediately if they do not agree with these requirements.

K. System Logging.
a. The systems which provide access to PII must maintain an automated audit trail that can identify the user or system process which initiates a request for PII, or alters PII. b. The audit trail shall:
c. Be date and time-stamped;
d. Log both successful and failed accesses;
e. Be read-access only; and
f. Be restricted to authorized users.
g. If PII is stored in a database, database logging functionality shall be enabled.

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h. Audit trail data shall be archived for at least three (3) years from the occurrence.

L. Access Controls. The system providing access to PlI shall use role-based access controls for all user authentications, enforcing the principle of least privilege.

M. Transmission Encryption.
a. All data transmissions of PII outside of a secure internal network must be encrypted using a Federal Information Processing Standard (FIPS) 140-2 certified algorithm that is 128 bit or higher, such as Advanced Encryption Standard (AES) or Transport Layer Security (TLS). It is encouraged, when available and when feasible, that 256 bit encryption be used. b. Encryption can be end to end at the network level, or the data files containing PII can be encrypted. c. This requirement pertains to any type of PII in motion such as website access, file transfer, and email.

N. Intrusion Prevention. All systems involved in accessing, storing, transporting, and protecting PII, which are accessible through the Internet, must be protected by an intrusion detection and prevention solution.

III. AUDIT CONTROLS
A. System Security Review.
a. CONTRACTOR must ensure audit control mechanisms are in place. b. All systems processing and/or storing PII must have at least an annual system risk assessment security review that ensures administrative, physical, and technical controls are functioning effectively and provide an adequate level of protection. c. Reviews should include vulnerability scanning tools. d. Log Reviews. All systems processing and/or storing PII must have a process or automated procedure in place to review system logs for unauthorized access. e. Change Control. All systems processing and/or storing PII must have a documented change control process that ensures separation of duties and protects the confidentiality, integrity, and availability of data.

IV. BUSINESS CONTINUITY/ DISASTER RECOVERY CONTROLS
A. Emergency Mode Operation Plan. CONTRACTOR must establish a documented plan to enable continuation of critical business processes and protection of the security of PII kept in an electronic format in the event of an emergency. Emergency means any circumstance or situation that causes normal computer operations to become unavailable for use in performing the work required under this Agreement for more than twenty-four (24) hours.

B. Data Centers. Data centers with servers, data storage devices, and critical network infrastructure involved in the use, storage and/or processing of PII, must include environmental protection such as cooling, power, and fire prevention, detection, and suppression.

C. Data Backup and Recovery Plan.
a. CONTRACTOR shall have established documented procedures to backup PII to maintain retrievable exact copies of PII.
b. The documented backup procedures shall contain a schedule which includes incremental and full backups.
c. The procedures shall include storing backups offsite. d. The procedures shall ensure an inventory of backup media. e. CONTRACTOR shall have established documented procedures to recover PII data. f. The documented recovery procedures shall include an estimate of the amount of time needed to restore the PII data.

V. PAPER DOCUMENT CONTROLS
A. Supervision of Data. The PII in paper form shall not be left unattended at any time, unless it is locked in a file cabinet, file room, desk or office. Unattended means that information may be observed by an individual not authorized to access the information.

B. Data in Vehicles. CONTRACTOR shall have policies that include, based on applicable risk factors, a description of the circumstances under which staff can transport PII, as well as the physical security

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requirements during transport. CONTRACTOR that chooses to permit its staff to leave records unattended in vehicles must include provisions in its policies to ensure the PII is stored in a non-visible area such as a trunk, that the vehicle is locked, and under no circumstances permit PII be left unattended in a vehicle overnight or for other extended periods of time.

C. Public Modes of Transportation. The PII in paper form shall not be left unattended at any time in airplanes, buses, trains, etc., including baggage areas. This should be included in training due to the nature of the risk.

D. Escorting Visitors. Visitors to areas where PII is contained shall be escorted, and PII shall be kept out of sight while visitors are in the area.

E. Confidential Destruction. PII must be disposed of through confidential means, such as crosscut shredding or pulverizing.

F. Removal of Data. The PII must not be removed from the premises except for identified routine business purposes or with express written permission of the County.

G. Faxing.
a. Faxes containing PII shall not be left unattended and fax machines shall be in secure areas. b. Faxes shall contain a confidentiality statement notifying persons receiving faxes in error to destroy them and notify the sender.
c. Fax numbers shall be verified with the intended recipient before sending the fax.

H. Mailing.
a. Mailings containing PII shall be sealed and secured from damage or inappropriate viewing of PII to the extent possible.
b. Mailings that include five hundred (500) or more individually identifiable records containing PII in a single package shall be sent using a tracked mailing method that includes verification of delivery and receipt, unless CONTRACTOR obtains prior written permission from the County to use another method.

VI. NOTIFICATION AND INVESTIGATION OF BREACHES AND SECURITY INCIDENTS During the term of this Agreement, CONTRACTOR agrees to implement reasonable systems for the discovery and prompt reporting of any Breach or Security Incident, and to take the following steps:

CONTRACTOR shall immediately notify County when it discovers that there may have been a breach in security which has or may have resulted in compromise to confidential data. For purposes of this section, immediately is defined as within two hours of discovery. The County contact for such notification is as follows:

Breaches should be referred to:

HWS/WDD Administrative Unit
1325 Spruce St, Suite 400
Riverside, CA 92507
951-955-3100

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EXHIBIT D

INVOICE FORM TO BE PROVIDED ON LETTERHEAD
SAMPLE
XXXXXXXXX Name:

Mailing/Remittance Address:

Invoice Number:

Payment Request for Services Rendered
Date Deliverable Cost
Total for this Invoice: $

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AmericA"sJobCe111e1
> • •• \ L'I �..-
'"'
woii·i<
........... ORCE ,c ... , •••
Date: 4/12/2024
From: Heidi Marshall , Director of HWS
To:

Via:

Board of Supervisors/Purchasing Agent
Jorge Cardenas 951-955-0452
Subject: Sole or Single Source Procurement; Request for Community Fire Cadet Program.

The below information is provided in support of my department requesting approval for a sole or single source. ( Outside of a duly declared emergency, the time to develop a statement of work or specifications is not in itself justification for sole or single source.) Note: Once signed by the Department Head and PCS (Signature Line below) Email completed SSJ to:
[email protected].

1. Supplier being requested: City of Hemet, Hemet Fire and Life Safety Agency

2. Vendor ID: _4075 ____ _

3. ■ Single Source □ Sole Source
( Single Source - is a purchase of a commodity or service without obtaining competitive bids although more than one source is available)
(Sole Source - is a purchase of a commodity or service that is proprietary or no other vendor is qualified or willing to meet the county specified requirements)

4. Have you previously requested and received approval for a sole or single source request for this vendor for your department? (If yes, please provide the approved sole or single source number).
□Yes ■ No
SSJ# ______ _
4a. Was the request approved for a different project?
□ Yes ■ No

5. Supply/Service being requested:
(If this request is for professional services, attach the service agreement to this sole source request. The Purchasing Agent, or designee, is the signing authority for agreements unless the service is exempted by Ordinance 459, Board delegated authority or by State law. All insurance requirements must be met prior to work commencement. See the Risk Management website for vendor insurance requirements.)
The City of Hemet's, Hemet Fire and Life Safety Agency (HFLS) is being utilized to expand and implement their Community Fire Cadet Program (CFCP) throughout the City of Hemet located within Supervisorial District 5. The CFCP is a unique 8 weeklong summer employment and training program for youth interested in pursuing careers in fire service, life Fotm # 116-333 rev 1/2/2024 1

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safety, code enforcement, and other community service professions. HFLS will be responsible for expanding and continuing the CFCP between May 1, 2024, through December 31, 2026. The program will be an anticipated to assist a minimum of 60 individual youth during the program term with the central objective of empowering high school students learn valuable transitional skills in fire prevention, code enforcement, community risk reduction, community beautification, and public safety.

6. Unique features of the supply/service being requested from this supplier. (If this sole source request is due to proprietary software or machinery, or hardware, provide a supporting letter from the manufacturer. If this is a single source request provide an explanation of how this provides the best value for the County by selecting this vendor.) HFLS currently operates a successful fire cadet program within the City of Hemet that directly mirrors the central objective of the CFCP. Housing and Workforce Solutions/Workforce Development (HWS/WDD) received the best possible value as resources and funding provided will not be allocated for implementation of existing program model through an alternative vendor. Similarly, HFLS provides uniquely specialized community resources and program designs create a positivity reinforce relationship between the community in which this program will be implemented and the vendor implementing the project. These established resources and program outlines will enable HWS/WDD to receive best value as alternative vendors would incur additional expenses in program outreach and creation.

7. Reasons why my department requires these unique features from the vendor and what benefit will accrue to the county:

HFLS is uniquely qualified to implement the CFCP as they already possess the community resources, linkages, and rapport directly necessary for successful implementation of the program. The Riverside County District 5 Supervisor provided HWS/WDD with this funding to directly award this vendor to assist the eligible youth throughout the City of Hemet and surrounding District 5 regions with this program. The CFCP will bring unique resources targeted directly to high school youth interested in fire prevention, code enforcement, community risk reduction, community beautification, and public safety. Additionally, HWS/WDD will leverage Workforce Innovation and Opportunity Act (WIOA) resources to provide employment and vocational training assistance to these youth.

B. Period of Performance:
(total number of years)
From: May 1, 2024 to December 31,2026
Is this an annually renewable contract? □ No ■ Yes
Is this a fixed-term agreement: ■ No □ Yes
(A fixed- term agreement is set for a specific amount of time; it is not renewed annually.

Ensure multi-year fixed-term agreements include a cancellation, non-appropriation of funds, or refund clause. If there is no clause( s) to that effect, then the agreement must be submitted to the Board for approval. No exemptions shall apply.)

9. Identify all costs for this requested purchase. In addition, please include any single or sole source amounts previously approved and related to this project and vendor in the section designated below for current and-future fiscal years. You do not need to include previous fiscal year amounts. If approval is for multiple years, ongoing costs must be identified below. If annual increases apply to ongoing costs such as CPI or other contract increases, provide the estimated annual cost for each consecutive Form# 116-333 rev 1/2/2024 2

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year. If the annual increase may exceed the Purchasing Agent's authority, Board approval must be obtained. (Note: ongoing costs may include but are not limited to subscriptions, licenses, maintenance, support, etc.)
Description: FY 23/24 FY24/25 FY 25/26 FY FY Total
One-time Costs: 421,256 183,913 191,511 796,680
Ongoing Costs: 0 0 0 0
Previous SSJ Approved
Amounts: 0 0 0
N/A 0 0 0 0
Total Costs 796,680
Note: Insert additional rows as needed

10. Price Reasonableness: (Explain why this price is reasonable or cost effective -were you provided government discounted pricing? Is this rate/fee comparable to industry standards?) While there is not discounted pricing offered to HWS/WDD price effective as it will ensure that no programmatic funding is expended on re-creating a pilot program to mirror CFCP through an alternative vendor. The overall price allocation is a direct reflection of the allocated funding provided by Riverside County 5th District Supervisor for the implementation of this program. The awarded amount is for a maximum of $796,680 necessary to implement the central objective of the CFCP. Funding is solely provided from the American Rescue Plan Act and is part of the 2
nd allocation of the Riverside County
Allocated ARPA funds.

11. Projected Board of Supervisor Dat� {if applicable): 5/7/2024 (Draft Form 11 s, service agreement and or quotes must accompany the sole source request for Purchasing Agent approval.)
ignature Print Name Date
------------------------------------------------------------------------------------------------------------------------------- The section below is to be completed by the Purchasing Agent or designee. ------------------------------------------------------------------------------------------------------------------------------- Purchasing Department Comments:

Approve
Condition/s:

Form# 116-333 rev 1/2/2024
Approve with Conditionls Disapprove
3 Signature by department attests that all legal and contractual requirements have been

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Not to exceed:
□ One-time $ _____ _
□ Annual Amount$ _____ / per fiscal year through ______ (date) (If Annual Amount Varies each FY)
FY ___ :$ ____ _
FY ___ :$. ____ _
FY ___ :$. ____ _
FY ___ :$. ____ _
FY ___ :$. ____ _
Reviewed by Procurement Contract Specialist (PCS):

Signature: ______________ _
Date: _____ _
Purchasing Agent
Form # 116-3 3 3 rev 1/2/2024
Date Approval Number
(Reference on Purchasing Documents)
4 4/24/2024
4/25/2024 24-231
$796,680 Aggregate through 12/31/2026
met by the selected supplier.

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NOTICE OF EXEMPTION
Date: April 24, 2024
Project Name: Community Fire Cadet Program
Project Number: Minute Traq #24503
Project Location: Riverside County (District 5)
Description of Project: The COVlD-19 pandemic and the corresponding economic crisis have undermined the health and economic wellbeing of American workers. The American Rescue Plan Act (ARPA) of 2021 provides support to communities that have struggled in the wake of COVlD—19.Speci?cally, ARPA provides $130 billion in local funding for cities and counties. Of these funds, $65 billion is allocated for counties based on the county’s population. Eligible uses of these funds include, but are not limited to, assistance to small businesses, households, hard—hitindustries, and economic recovery. On October 4, 2022 (Minute Order 3.44), the Board of Supervisors approved the 2ndinstallment allocation of ARPA funding.

Riverside County Housing and Workforce Solutions, Workforce Development Division (HWSNVDD) proposes to partner with the City of Hemet’s, Hemet Fire and Life Safety Agency (HFLS) to expand and implement the Community Fire Cadet Program (CFCP).

The HFLS has historically provided internship opportunities to youth attending Alessandro High School in Hemet which has an existing ?rst responder career technical education pathway. The central objective of the CFCP is to expand this program and provide additional youth a focused eight—week summer employment experience program specifically designed to expose high school youth with skills in: ?re prevention, code enforcement, community risk reduction, community beautification, and public safety. The CFCP is anticipated to launch in May 2024, through December 31, 2026. An estimated 60 individual youth will bene?t from this program throughout the city of Hemet and within District 5. Youth will be provided with stipends, mentorship, career counseling and transportation to and from work sites.

HWS/WDD’s partnership with HFLS willcreate a unique transitional opportunity for youth to gain experience and exposure to ?re life safety training. HWSNVDDis uniquely able to provide vocational training assistance and direct connection to established vocational training programs that offer further training and preparation to become an emergency medical technician, fire?ghter, or paramedic.

The Community Fire Cadet Program is identi?ed as the proposed Project under the California Environmental Quality Act (CEQA). No expansion of an existing use will occur. No additional direct or indirect physical environmental impacts are anticipated , from the implementation of workforce services identi?ed in the WIOA Subgrant Agreement.

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Name of Public Agency Approving Project: County of Riverside, Housing and Workforce SolutionsNVorkforce Development Division
Name of Person or Agency Carrying Out Project: County of Riverside, Housing and Workforce SolutionsNVorkforce Development Division
Exempt Status: State CEQA Guidelines, Section 15061(b) (3), General Rule or “Common Sense" Exemption, Codifiedunder
Title 14, Article 5, Section 15061.

Reasons Why Project is Exempt: The proposed Project is categorically exempt from the provisions of CEQA specifically by the State CEQA Guidelines as identified below. The Project will not result in any specific or general exceptions to the use of the categorical exemption as detailed under State CEQA Guidelines Section 15300.2. The Project will not cause an impact to an environmental resource of hazardous or critical concern, nor would the Project include a reasonable possibility of having a significant effect on the environment due to unusual circumstances. The Project would not result in impacts to scenic highways, hazardous waste sites, historic resources, or other sensitive natural environments, or have a cumulative effect to the environment. No significant environmental impacts are anticipated to ‘ occur with the agreement through the partnership between the County and EDD.

Section 15061 (b) (3) - "CommonSense" Exemption: In accordance with CEQA, the use of the Common Sense Exemption is based on the "general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment." State CEQA Guidelines, Section 15061(b) (3). The use of this exemption‘is appropriate if "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Ibid.

This determination is an issue of fact and if sufficient evidence exists in the record that the activity Cannot have a significant effect on the environment, then the exemption applies and no further evaluation under CEQA is required. See No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68. The ruling in this case stated that if a project falls within a category exempt by administrative regulation or 'it can be seen with certainty that the activity in question will not have a significant effect on the environment', no further agency evaluation is required. With certainty, there is no possibility that the Project may have a significant effect on the environment.

The project relates to the provision of workforce services, employment and training activities for at-promise and justice involved youth and businesses in Riverside County, and it can be seen with certainty that there is no possibility that the aforementionedservices may have a significant effect on the environment and will not lead to any direct or reasonable indirect physical environmental impacts, as they will have purely financial and administrative impacts. The workforce activities of the Community Fire Cadet Program are services provided by the HWS/WDD through the American Rescue Plan Act (ARPA).

The Community Fire Cadet Program will not result in any direct or indirect physical effects. Therefore, in no way, would the Project as proposed have the potential to . cause a significant environmental impact and the Project is exempt from further CEQA analysis.

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Based upon the identi?ed exemptions above, the County of Riverside, Housing and Workforce Solutions/Workforce Development Division hereby concludes that no physical environmental impacts are anticipated to occur and the Project as proposed is exempt under CEQA. No further environmental analysis is required.

Signedzijugeg?Mg/MQ wag/£1271
Stephani Adams, Deputy Director
. y

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RIVERSIDE COUNTY CLERK & RECORDER

AUTHORIZATION TO BILL

BY JOURNAL VOUCHER
I Project Name: Community Fire Cadet Program
Accounting String: 21550-5500400000—537080
DATE: Agril 24, 2024
AGENCY: Riverside County Housing and Workforce SolutionsNVorkforce Development Division (HWS/WDD)

THIS AUTHORIZES THE COUNTY CLERK & RECORDER TO BILLFOR FILING AND HANDLINGFEES FOR THE ACCOMPANYING DOCUMENT(S).

NUMBEROF DOCUMENTS INCLUDED:One (1)
[AUTHORIZED BY: Steghanie Adams, Deguty Director, HWSNVorkforce Develogment Division
Signature: "
PRESENTED BY: Steghanie Adams, Deguty Director, HWS/Workforce Develogment Division
-TO BE FILLEDIN BY COUNTY CLERK—ACCEPTED BY:

DATE: RECEIPT# .(S)

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F.
llvllllll caulrv “955a Riverside County Workforce Development Centers gwg?a?g _1325Spruce Street, Suite 110, Riverside, CA 92507

DEVELOPMENT CENYERS
Date: April24th, 2024
To: Office of the County Clerk/Recorder
From: Jorge Cardenas (for Stephanie Adams)
Subject: County of Riverside Housing and Workforce Solutions/Workforce Development Division Project Community Fire Cadet Program for Program Year 2024/26
The Riverside County's Housing and Workforce Solutions/Workforce Development Division) is requesting that you post the attached Notice of Exemption. Attached you willfind an authorization to billby journal voucher for your posting fee.

After postingI please return the document to:

Mail Stop #2570
Attention: Jorge Cardenas
1325 Spruce St. Suite 400, Riverside, CA 92507
If ou have an uestions lease contact Jor e Cardenas at 951 955-0452. . Attachment
cc: file
I web: www.rivocworkforce.com
E phone; 951-955-3100
I fax: 951-955-3131
’
Follow WDC on Twitter! @GoRivcoWDC
.
@rivcoworkforce
‘

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other. State of California- Department of Fish and Vl?ldlife 2024 ENVIRONMENTALDOCUMENTFILINGFEE
7 CASH RECEIPT
DFW753.5a (REV. 01/01/24) Previously DFG 753.5a
RECEIPTNUMBER:

STATE CLEARINGHOUSENUMBER(Ifapplicable)
SEE INSTRUCTIONS0N REVERSE. TYPEOR PRINTCLEARLY.

LEADAGENCY LEADAGENCYEMAIL DATE
RIVERSIDE COUNTY HOUSING ANDWORKFORC' JCRA'V‘'REZ@RIVCO-ORG 04/24/2024

COUNTY/STATEAGENCYOF FILING DOCUMENTNUMBER
RIVERSIDE SS-TEMP-1155238

PROJECTTITLE ' COMMUNITYFIRE CADET PROGRAM

PROJECTAPPLICANTNAME PROJECT APPLICANTEMAIL PHONE NUMBER JORGE CARDENAS JCRAM”REZ@R'VCO-ORG (951) 790—7412

PROJECTAPPLICANTADDRESS CITY STATE ZIP CODE
1325 SPRUCE ST , RIVIERSIDE
PROJECT APPLICANT(Check appropriatebox)
LocalPublicAgency [:1School District |‘_‘lOther Special District [:1 State Agency [1 Private Entity CHECKAPPLICABLEFEES:

El EnvironmentalImpact Report (EIR) $4,051.25 3
I] Mitigated/NegativeDeclaration (MND)(ND) $2,916.75
E] Certi?edRegulatory Program (CRP) document - payment due directlyto CDFW $1,377.25 $ K] Exempt fromfee
KINoticeof Exemption (attach)
I] CDFW No Effect Determination(attach)
I] Fee previouslypaid (attach previously issued cash receipt copy) 1:] Water Right Application or Petition Fee (State Water Resources Control Board only) $850.00 85 K] County documentary handlingfee
[I Other , $
PAYMENTMETHOD:

El Cash El Credit IZICheck III Other TOTAL RECEIVED s $000

AGENCYOF FILINGPRINTEDNAMEANDTITLE
Deputy

SIGNATURE
X

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SUBMITTAL TO THE BOARD OF SUPERVISORS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

MEETING DATE:

Tuesday, May 07, 2024
ITEM: 3.8
(ID # 24503)
FROM : HOUSING AND WORKFORCE SOLUTIONS:

SUBJECT: HOUSING AND WORKFORCE SOLUTIONS/WORKFORCE DEVELOPMENT DIVISION (HWS/WDD): Approve allocation of the Fifth District American Rescue Plan Act Funds (ARPA) to Housing and Workforce Solutions for the implementation of the Community Fire Cadet Program; Authorize the Director of Housing and Workforce Solutions, or designee to procure and execute Form of Professional Services Agreement (PSA) with The City of Hemet on behalf of Hemet Fire and Department of Life Safety (HFLS) for the implementation of the Community Fire Cadet Program; without seeking competitive bids through December 31, 2026; District 5. [$796,680- 100% American Rescue Plan Act Funds] (CEQA Exempt) RECOMMENDED MOTION: That the Board of Supervisors:

1. Find that the project is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3);

2. Approve the obligation of the previously allocated $796,680 Fifth District Second Allocation American Rescue Plan Act (ARPA) funding for the Department of Housing and Workforce Solutions (HWS), to support employment opportunities for high school youth located within the County of Riverside’s Fifth Supervisorial District as outlined below through the Community Fire Cadet Program;

3. Approve and authorize the Director of Housing and Workforce Solutions (HWS), or designee, to allocate $796,680 in American Rescue Plan Act (ARPA) funds to implement the Community Fire Cadet Program;

4. Approve the Form of the attached Professional Services Agreement (PSA) with City of Hemet on behalf of Hemet Fire and Department of Life Safety (HFLS) for the implementation of the Community Fire Cadet Program;

5. Authorize the Director of HWS, or designee, to initiate work and execute PSA with HFLS substantially conforming in the form and substance to the attached PSA, as approved as to from by County Counsel, without seeking competitive bids, in the amount of $796,680 for a period commencing May 1st, 2024, through December 31, 2026; and

6. Authorize the Director of HWS, or designee, to take all steps necessary to execute the Community Fire Cadet program and PSA including, but not limited to, (a) sign necessary documents to implement Community Fire Cadet Program; (b) sign amendments that extend or modify the period of performance; and (d) sign amendments modifying compensation provisions and scope of services, that stay within the intent of the agreements, subject to availability of fiscal funding and as approved as to form by County Counsel.

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SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

ACTION:Policy
____________________________________________________________________________

MINUTES OF THE BOARD OF SUPERVISORS

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SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost COST $421,256 $183,913 $796,680 $0
NET COUNTY COST $0 $0 $0 $0
SOURCE OF FUNDS: 100% ARPA Funds Budget Adjustment: No
For Fiscal Year: 2023-2024,
2024-2025, 2025-2026
C.E.O. Recommendation: Approve
BACKGROUND:

Summary
The COVID-19 pandemic and the corresponding economic crisis have undermined the health and economic wellbeing of American workers. The American Rescue Plan Act (ARPA) of 2021 provides support to communities that have struggled in the wake of COVID-19. Specifically, ARPA provides $130 billion in local funding for cities and counties. Of these funds, $65 billion is allocated for counties based on the county’s population. Eligible uses of these funds include, but are not limited to, assistance to small businesses, households, hard-hit industries, and economic recovery. On October 4, 2022 (Minute Order 3.44), the Board of Supervisors approved the distribution of the 2nd installment of the ARPA allocation. On February 27, 2024 (Minute Order 3.50) the Board of Supervisors obligated $6,200,000 to various housing, workforce, and nonprofit programs to be administered by HWS, the Community Fire Cadet program was one of the listed programs. Of the $6,200,000 a total of $796,680 is proposed for the implementation and expansion of the Community Fire Cadet program within District 5.

Riverside County Housing and Workforce Solutions, Workforce Development Division (HWS/WDD) proposes to partner with the City of Hemet’s, Hemet Fire and Department of Life Safety (HFLS) to expand and implement the Community Fire Cadet Program (CFCP). The HFLS has historically provided internship opportunities to youth attending Alessandro High School in Hemet which has an existing first responder career technical education pathway. The central objective of the CFCP is to expand this program, purchase necessary equipment and provide increased number of youths, a focused eight-week summer employment experience program specifically designed to expose high school youth to: fire prevention, code enforcement, community risk reduction, community beautification, and public safety. The CFCP is anticipated to launch in May 2024, through December 31, 2026. An estimated 60 individual youth will benefit from this program throughout the City of Hemet and within District 5. Youth will be provided with stipends, mentorship, career counseling and transportation to and from work sites.

HWS/WDD’s partnership with HFLS will create a unique transitional opportunity for youth to gain experience and exposure to fire life safety training. HWS/WDD is able to provide vocational training assistance and direct connection to established vocational training programs that offer further training and preparation to become an emergency medical technician, firefighter, or paramedic.

The proposed CFCP program was reviewed and determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3),

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SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

Common Sense, General Rule Exemption. The project relates to the provision of workforce services, employment and training activities for Riverside County adults and employers. It can be seen with certainty that there is no possibility that the aforementioned services may have a significant effect on the environment and will not lead to any direct or reasonable indirect physical environmental impacts, as they will have purely financial and administrative impacts.

Impact on Residents and Businesses
Approving the CFCP program will provide a unique opportunity for local high school youth to gain working experience in fire prevention, code enforcement, community risk reduction, community beautification, and public safety within District 5. It is anticipated that this program will strengthen employment experience and opportunities for recently hired youth who seek alternative career paths in public safety or would like to reinforce college preparation.

Community members and local businesses will gain the benefit of having their local youth participate in community-oriented projects. The CFCP program will impact the County as a whole, as the youth that complete this program will have the opportunity to transition into public safety training programs and then become viable candidates to fill vacant public safety positions throughout the County.

Contract History and Price Reasonableness
HWS/WDD has not previously released a procurement related to this funding and is seeking approval to award contract to CFCP without competitive bidding. City of Hemet’s Hemet Fire and Department of Public Safety already have an established program and awarding contract to CFCP, which will eliminate start-up costs typically associated with a new program. Total program funding of $796,680 is provided solely from the American Rescue Plan Act funds (ARPA) dedicated for implementation of the Community Fire Cadet Program. Purchasing Agent will issue Purchase Orders to City of Hemet on behalf of Hemet Fire and Department of Life Safety for the program term of the contract to not exceed the total aggregate amount of $796,680.

Funding will be provided for services rendered, products provided, and expenses incurred, as a direct result of program implementation efforts by HFLS through the City of Hemet and within Supervisorial District 5.

Additional Fiscal Information
The full cost of this project is $796,680. The funding source is American Rescue Plan Act funds (ARPA).

Attachments
• Template Community Fire Cadet Program Agreement
• Single Source Justification
• CEQA Filing

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SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

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Community Risk Reduction Cadet (CRRC)
(Temporary/Part-Time)
Class Title
Community Risk Reduction Cadet
Class Code
Salary
$20.00/hr. Hourly (20hr / week maximum)
The Position
Under direct supervision, performs a variety of tasks in the support of the Hemet Fire & Life Safety Agency’s mission to provide a clean and sanitary city in accordance with the Hemet Strategic Plan, and the agency’s Community Risk Reduction program. Provide a multi-faceted opportunity to explore the various public-safety pathways through direct exposure to fire prevention, code enforcement, and building & safety disciplines.

Examples of Duties
Depending on assignment, duties may include, but are not limited to, the following:

Field work:

1. The ability to receive and comply with direction given by a supervisor and/or other agency management.

2. Help with clean-ups off city streets (shopping carts – furniture – homeless items - etc.)

3. Uses a variety of hand and power tools, machines, and light equipment.

4. May assist in abatement and other CRR functions.

5. Assists Code Compliance Officers, Fire Prevention, and Building Inspectors in the performance of related tasks.

6. Initial inspection on complaints from the public (verify only).

7. Handout educational pamphlets (AVA-Drought Tolerance Landscaping – Temporary Advertising Signs – Common Code Violation – etc…)

8. The ability to demonstrate a positive attitude, quality of work and communication skills with supervisors and co-workers through positive mentorship.

9. Other duties as assigned
Office work:

1. Review, acknowledge, and response to emails, phone or online complaints from public.

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2. Open cases through appropriate tracking software.

3. Various clerical activities related to DLS action items, which may include typing letters, creating, printing, or copying documents.

4. Assisting office support staff with other clerical duties as assigned.

Typical Qualifications
Education and/or Experience
Required:

Minimum completion of junior year in high school with a positive recommendation from a school staff member or teacher.

Preferred:

Currently enrolled in CTE program or Fire Explorer program.

KNOWLEDGE, SKILLS, AND ABILITIES
Ability to perform a variety of unskilled maintenance tasks; use a variety of hand tools and operate a variety of small power-driven equipment; understand and follow verbal and written directions; establish and maintain cooperative working relationships.

Physical Requirements: Position requires the need to lift, carry, and push tools, equipment, and supplies weighing up to 50 pounds. Additionally, the incumbent in this position will work in all weather conditions, including wet, hot, and cold. Cadet will be provided the appropriate uniform and safety equipment based on the work task assigned for the day.

SPECIAL REQUIREMENTS
Candidates must successfully complete the mandatory DLS Orientation course to continue working in the position past 30 days.

Currently, this program is funded through Riverside County Board of Supervisors until 2027 (ARPA Funds). This program’s existence is directly tied to the funding provided and serves as no guarantee of permanent employment.

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jun 25 2024
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the Hemet Police Officers Association (HPOA) and approve an amendment to the City's Classification Plan for Employee Salary Ranges for HPOA 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 the attached Memorandum of Understanding (MOU) between the City and the Hemet Police Officers Association (HPOA) for the two-year period of July 1, 2024, through June 30, 2026, and approve an amendment to the City's Classification Plan for Employee Salary Ranges for HPOA.

BACKGROUND:

The employees within the HPOA bargaining group work towards the City of Hemet Police Department's mission to enhance quality of life and public safety through partnership with the community and service that is delivered with honor, integrity and innovation.

The City recently conducted a Total Compensation survey to determine the City's competitiveness within the labor market. The City Council authorized the use of the survey results to adjust salaries to ensure that all City of Hemet employees are close to market mean. The agreed upon HPOA MOU reflects the Council's desire to attract and retain quality employees.

The HPOA MOU covers Police Officers, Police Corporals, and Police Investigators.

The current MOU covers July 1, 2021, through June 30, 2024. The City and HPOA have been negotiating a successor MOU since March 2024. On June 5, 2024, the City and HPOA reached a tentative agreement, the terms of which have been incorporated into this MOU for approval. On June 12, 2024, HPOA membership ratified the updated MOU.

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ANALYSIS:
ln accordance with the authority granted by the City Council, the attached Memorandum of Understanding is presented for consideration. The details of changes to the MOU are as follows:

Term:
• Two-year agreement - Effective July 1, 2024, through June 30, 2026.

Salaries:
• Market Equity Adjustment- Effective the first full pay period after July 1, 2024, all classifications covered by HPOA will be adjusted by 11.9%. Updated Salary Ranges attached.

• Cost of Living Adjustment (COLA) - Effective the first full pay period after July 1, 2025, all classifications covered by HPOA will receive a 3% Cost of Living Adjustment.

Bereavement Leave:
• Increase the number of Bereavement Leave from 3 days to 5 days. Adoption of family definition under AB 1949.

CalPERS Discount Rate:
• If the CalPERS Discount Rate is reduced to 6.5%, the City may initiate re-opener bargaining regarding employee contribution of an additional .5% toward their pension.

Certificate Incentive Program:
•Added language that in order to be eligible for the Certificate Incentive Program, degree must be received from a Western Association of Schools and Colleges (WASC) accredited institutions.

Compensatory Time:
• Increase maximum accumulation amount from 80 hours to 100 hours.

Educational Reimbursement:
• Increase from $2,000 per calendar year to $2,500 per calendar year. • Added language which states that in order to be eligible for the Educational Reimbursement, employee must be enrolled in a Western Association of Schools and Colleges (WASC) accredited institution.

Equipment Loan:
• The City agrees to provide $5,000 loans to be used for job related or gym equipment.

Capped at $350,000 within a calendar year for the bargaining unit.

Health Insurance:
• Contingent upon all bargaining units agreeing to the tier structure below. • Effective for health plan year 2024/2025, increase City's contribution for eligible employees from $1,100.00 per month (based on a composite premium) to the rates based on tiers as listed below.

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KAISER LOW Plan Year
2024/2025 Plan year 2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,115.00
Employee +2 or more $1,595.00 $1,645.00
KAISER HIGH Plan Year
2024/2025 Plan year 2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,115.00
Employee +2 or more $1,670.00 $1,720.00
• Same amounts as above shall be used for Aetna Basic (Kaiser Low) and Aetna Enhanced (Kaiser High).
• If other bargaining groups negotiate a higher medical insurance increase, POA represented employees will receive the same increase
• Vision- Annual family allowance will increase from $450 to $475.

Holidays:
• Addition of one Floating Holiday.

Sick Leave:
• Add language to MOU. Sick Leave may be used to care for an eligible family member.

Eligible family member as defined by Labor Code 245.5.

Special Assignment Compensation:
• Effective the first full pay period after July 1, 2024, Mandatory Standby/On-Call ScheduleOn-call/standby compensation will increase from $125 per pay period to $250 per pay period.

All other terms and conditions of employment shall remain unchanged during the term of this agreement.

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.

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The annual costs of the MOU are as follows:

Total contract cost is $1,824,000.

ATTACHMENT(S):

Attachment 1: Resolution- HPOA MOI July 2024-June 2026
Attachment 2: Salary by Position 2024-06-25_POA Update
Attachment 3: HPOA MOU TA Redline July 2024-June 2026

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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 AUTHORIZING THE CITY

MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING (MOU) WITH THE HEMET POLICE

OFFICERS ASSOCIATION (HPOA) AND APPROVING AN
AMENDMENT TO THE CITY’S CLASSIFICATION AND

COMPENSATION PLAN FOR EMPLOYEE SALARY

RANGES FOR HPOA
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the employees within the HPOA bargaining group work towards the City of Hemet Police Department's mission to enhance the quality of life and public safety through partnership with our community and service that is delivered with honor, integrity and innovation; and
WHEREAS, the City recently conducted a Total Compensation salary survey to determine the City's competitiveness within the labor market; and WHEREAS, Council authorized use of the survey results to adjust salaries to assure that all City of Hemet employees are close to market mean. The agreed upon (MOU) for HPOA reflects the Council's desire to attract and retain quality employees; and
WHEREAS, the current MOU covers July 1, 2021, through June 30, 2024. The City and HPOA have been negotiating a successor MOU since March 2024; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, on June 5, 2024, the City and HPOA reached a tentative agreement, the terms of which have been incorporated into this MOU for approval; and WHEREAS, on June 12, 2024, HPOA membership ratified the updated MOU.; and
WHEREAS, ln accordance with the authority granted by the City Council, the attached Memorandum of Understanding is presented for consideration. The details of changes to the MOU are as follows:

Term:
• Two-year agreement - Effective July 1, 2024, through June 30, 2026.

Salaries:
• Market Equity Adjustment- Effective the first full pay period after July 1, 2024, all classifications covered by HPOA will be adjusted by 11.9%, representing 105% of total compensation salary survey as of January 2024.

• Cost of Living Adjustment (COLA) - Effective the first full pay period after July 1, 2025, all classifications covered by HPOA will receive a 3% Cost of Living Adjustment.

Bereavement Leave:
• Increase the number of Bereavement Leave from 3 days to 5 days. Adoption of family definition under AB 1949.

CalPERS Discount Rate:
• If the CalPERS Discount Rate is reduced to 6.5%, the City may initiate reopener bargaining regarding employee contribution of an additional .5% toward their pension.

Certificate Incentive Program:
•Added language that in order to be eligible for the Certificate Incentive Program, degree must be received from a Western Association of Schools and Colleges (WASC) accredited institutions.

Compensatory Time:
• Increase maximum accumulation amount from 80 hours to 100 hours.

Educational Reimbursement:
• Increase from $2,000 per calendar year to $2,500 per calendar year.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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• Added language which states that in order to be eligible for the Educational Reimbursement, employee must be enrolled in a Western Association of Schools and Colleges (WASC) accredited institution.

Equipment Loan:
• The City agrees to provide $5,000 loans to be used for job related or gym equipment. Capped at $350,000 within a calendar year for the bargaining unit.

Health Insurance:
• Contingent upon all bargaining units agreeing to the Tiers Structure below. • Effective for health plan year 2024/2025 change the City's contribution for eligible employees from $1,100.00 per month (based on a composite premium) to the rates based on tiers as listed below.

KAISER LOW Plan Year
2024/2025 Plan year 2025/2026
Employee Only $650* Dollar Amount Equivalent to 100% Employer-Paid Employee +1 $1,115.00 $1,115.00
Employee +2 or more $1,595.00 $1,645.00
KAISER HIGH Plan Year
2024/2025 Plan year 2025/2026
Employee Only $650* Dollar Amount Equivalent to 100% Employer-Paid Employee +1 $1,115.00 $1,115.00
Employee +2 or more $1,670.00 $1,720.00
• Same amounts as above shall be used for Aetna Basic (Kaiser Low) and Aetna Enhanced (Kaiser High).

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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• If other bargaining groups negotiate a higher medical insurance increase, POA represented employees will receive the same increase
• Vision- Annual family allowance will increase from $450 to $475.

Holidays:
• Addition of one Floating Holiday.

Sick Leave:
• Add language to MOU. Sick Leave may be used to care for an eligible family member. Eligible family member as defined by Labor Code 245.5.

Special Assignment Compensation:
• Effective the first full pay period after July 1, 2024, Mandatory Standby/On-Call Schedule- On-call/standby compensation will increase from $125 per pay period to $250 per pay period; and
WHEREAS, all other terms and conditions of employment shall remain unchanged during the term of this agreement.

WHEREAS, Council authorizes the City Manager to execute the attached Memorandum of Understanding (MOU) between the City and the Hemet Police Officers Association (HPOA) for the two-year period of July 1, 2024, through June 30, 2026 and approve an amendment to the City's Classification Plan for Employee Salary Ranges for HPOA.

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

SECTION 1. Authorize the City Manager to execute the attached Memorandum of Understanding (MOU) between the City of Hemet Police Officers Association (HPOA) for the two-year period of July 1, 2024, through June 30, 2026

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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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SECTION 2. Approve amendment to the City’s Classification Plan for Employee Salary Ranges for HPOA.

SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on June 25, 2024.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 6
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PASSED, APPROVED AND ADOPTED this 25th day of June, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 7
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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 25th day of June, 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

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council June 25, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Accountant SEIU 452 $4,845 $5,087 $5,342 $5,609 $5,889 $6,037 $6,187 Accounting Manager MC 936 $8,409 $8,829 $9,271 $9,734 $10,221 $10,732 $11,268 Accounting Technician I SEIU 437 $3,344 $3,511 $3,687 $3,871 $4,065 $4,166 $4,270 Accounting Technician II SEIU 443 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Accounting Technician III SEIU 446 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Administrative Assistant HMMA 521 $4,649 $4,882 $5,126 $5,382 $5,651 $5,934 Administrative Services Director AW ASD $12,437 $13,059 $13,712 $14,397 $15,117 $15,873 $16,667 Assistant Civil Engineer SEIU 464 $6,516 $6,642 $6,974 $7,323 $7,689 $7,881 $8,078 Assistant Planner SEIU 453 $4,966 $5,215 $5,475 $5,749 $6,037 $6,187 $6,342 Assistant to the City Manager MC 936 $8,409 $8,829 $9,271 $9,734 $10,221 $10,732 $11,268 Associate Planner HMMA 529 $5,664 $5,947 $6,245 $6,557 $6,885 $7,229 Battalion Chief AW BC $10,711 $11,247 $11,809 $12,399 $13,019 Building Inspector I SEIU 447 $4,283 $4,497 $4,722 $4,958 $5,206 $5,336 $5,469 Building Inspector II SEIU 451 $4,726 $4,962 $5,211 $5,471 $5,745 $5,888 $6,035 Building Technician I SEIU 442 $3,785 $3,975 $4,173 $4,382 $4,601 $4,716 $4,834 Building Technician II SEIU 446 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Chief Building Official/Deputy Fire Marshal AW CBO $10,571 $11,100 $11,655 $12,237 $12,849 $13,492 $14,166 Chief of Police AW PC Annual salary $254,316
City Clerk AW CC $8,395 $8,815 $9,255 $9,718 $10,204 $10,714 $11,250 City Manager AW CM Annual salary $284,508
City Treasurer - Elected E ELE $645.67/mo
Civilian Investigator n/a CINV $26.00 $27.30 $28.67 $30.10 $31.60 $33.18 $34.84 (Hourly rates) Code Compliance Manager HMMA 532 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 Code Enforcement Officer I SEIU 443 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Code Enforcement Officer II SEIU 448 $4,390 $4,609 $4,840 $5,082 $5,336 $5,469 $5,606

06.19.2024KB City of Hemet Salary Schedule Last Approved: 01.09.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council June 25, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Communications and Events Coordinator MC 932 $7,617 $7,998 $8,398 $8,818 $9,259 $9,721 $10,208 Community Development Director AW CDD $11,815 $12,406 $13,026 $13,677 $14,361 $15,079 $15,833 Community Services Officer HNSPEA 333 $3,819 $4,010 $4,210 $4,421 $4,642 $4,874 Community Solutions Coordinator MC 932 $7,617 $7,998 $8,398 $8,818 $9,259 $9,721 $10,208 Council Member - Elected E ELE $645.67/mo
Crime Scene Technician HNSPEA 341 $4,656 $4,889 $5,134 $5,390 $5,660 $5,943 Cross Connection Spec/CSR SEIU 448 $4,390 $4,609 $4,840 $5,082 $5,336 $5,469 $5,606 Customer Service and Accounting Supervisor HMMA 531 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Customer Service Representative SEIU 441 $3,691 $3,876 $4,070 $4,273 $4,487 $4,599 $4,714 Deputy City Clerk MC 914 $4,883 $5,127 $5,383 $5,653 $5,935 $6,232 $6,544 Deputy Fire Chief AW DFC $14,051 $14,754 $15,491 $16,266 $17,079 Deputy Public Works Director / Assistant City Engineer AW DPW $9,950 $10,448 $10,970 $11,518 $12,094 $12,699 $13,333 Economic Development Analyst MC 925 $6,409 $6,729 $7,066 $7,419 $7,790 $8,180 $8,589 Economic Development Manager MC 943 $9,705 $10,190 $10,700 $11,235 $11,796 $12,386 $13,005 Emergency Services Coordinator HMMA 526 $5,260 $5,523 $5,800 $6,090 $6,394 $6,714 Engineering Technician I SEIU 445 $4,076 $4,280 $4,494 $4,719 $4,955 $5,078 $5,205 Engineering Technician II SEIU 450 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Environmental Compliance Coordinator HMMA 533 $6,252 $6,565 $6,893 $7,238 $7,599 $7,979 Equipment Maintenance Supervisor HMMA 531 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Equipment Mechanic SEIU 446 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Executive Analyst MC 923 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 $8,174 Executive Analyst HMMA 532 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 Executive Assistant HMMA 525 $5,132 $5,388 $5,658 $5,941 $6,238 $6,550 Executive Assistant - Confidential MC 916 $5,132 $5,388 $5,658 $5,941 $6,238 $6,550 $6,877 Facilities Maintenance Supervisor HMMA 531 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596

06.19.2024KB City of Hemet Salary Schedule Last Approved: 01.09.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council June 25, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Facilities Technician SEIU 452 $4,845 $5,087 $5,342 $5,609 $5,889 $6,037 $6,187 Facility Services Aide SEIU 433 $3,030 $3,182 $3,341 $3,508 $3,683 $3,776 $3,870 Fire Captain HFFA 203 $7,622 $8,003 $8,403 $8,823 $9,265 $9,728 $10,214 Fire Chief AW FC $15,035 $15,787 $16,576 $17,405 $18,275 $19,189 $20,148 Fire Engineer HFFA 202 $6,315 $6,631 $6,962 $7,310 $7,676 $8,060 $8,463 Fire Prevention Officer HFFA 200 $5,451 $5,723 $6,009 $6,310 $6,625 $6,957 $7,305 Firefighter HFFA 201 $5,519 $5,795 $6,084 $6,389 $6,708 $7,043 Firefighter/Paramedic Trainee HFFA 201T $4,139
GIS Specialist SEIU 453 $4,966 $5,215 $5,475 $5,749 $6,037 $6,187 $6,342 Housing Program Specialist SEIU 450 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Human Resources Analyst MC 932 $7,617 $7,998 $8,398 $8,818 $9,259 $9,721 $10,208 Human Resources Manager MC 936 $8,409 $8,829 $9,271 $9,734 $10,221 $10,732 $11,268 Human Resources Technician MC 916 $5,132 $5,388 $5,658 $5,941 $6,238 $6,550 $6,877 Information Technology Specialist I HMMA 526 $5,260 $5,523 $5,800 $6,090 $6,394 $6,714 Information Technology Specialist II HMMA 528 $5,526 $5,803 $6,093 $6,398 $6,717 $7,053 Intern I n/a PTA $16.00 $16.80 $17.64 $18.52 $19.45 $20.42 (Hourly Rates) Intern II n/a PTG $16.40 $17.22 $18.08 $18.99 $19.93 $20.93 (Hourly Rates) IT Operation/Network Systems Suprvsr HMMA 535 $6,569 $6,897 $7,242 $7,604 $7,985 $8,384 Lead Equipment Mechanic SEIU 450 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Lead Maintenance Worker SEIU 443 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Lead Tree Trimmer SEIU 446 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Lead Water Distribution Sys. Oper SEIU 445 $4,076 $4,280 $4,494 $4,719 $4,955 $5,078 $5,205 Librarian HMMA 521 $4,649 $4,882 $5,126 $5,382 $5,651 $5,934 Library Aide, Temporary On-Call n/a PTA $16.00 $16.80 $17.64 $18.52 $19.45 (Hourly rates) Library Assistant I SEIU 432 $2,958 $3,106 $3,261 $3,424 $3,595 $3,685 $3,777

06.19.2024KB City of Hemet Salary Schedule Last Approved: 01.09.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council June 25, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Library Assistant II SEIU 438 $3,428 $3,600 $3,780 $3,969 $4,167 $4,271 $4,378 Library Associate I SEIU 442 $3,785 $3,975 $4,173 $4,382 $4,601 $4,716 $4,834 Library Associate II SEIU 445 $4,076 $4,280 $4,494 $4,719 $4,955 $5,078 $5,205 Library Page SEIU 415 $2,812 $2,952 $3,100 $3,255 $3,418 $3,503 $3,591 Literacy Coordinator PT SEIU 442 $21.84 $22.93 $24.07 $25.28 $26.54 (Hourly rates) $27.20 $27.88 Maintenance Aide I - TPT n/a CCY $16.00 $16.80 $17.64 $18.52 $19.45 (Hourly rates) Maintenance Worker I SEIU 436 $3,264 $3,427 $3,599 $3,778 $3,967 $4,067 $4,168 Maintenance Worker II SEIU 439 $3,515 $3,691 $3,875 $4,069 $4,272 $4,379 $4,489 Management Analyst MC 925 $6,409 $6,729 $7,066 $7,419 $7,790 $8,180 $8,589 Management Assistant HMMA 528 $5,526 $5,803 $6,093 $6,398 $6,717 $7,053 Media and Intelligence Analyst HMMA 532 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 Office Specialist - Confidential HMMA 505 $3,132 $3,289 $3,453 $3,626 $3,807 $3,997 Office Specialist I SEIU 428 $2,812 $2,952 $3,100 $3,255 $3,418 $3,503 $3,591 Office Specialist II SEIU 432 $2,958 $3,106 $3,261 $3,424 $3,595 $3,685 $3,777 Office Specialist III SEIU 436 $3,264 $3,427 $3,599 $3,778 $3,967 $4,067 $4,168 Parks Maintenance Supervisor HMMA 531 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Payroll/Human Resources Specialist MC 918 $5,391 $5,661 $5,944 $6,241 $6,553 $6,881 $7,225 Planning Technician SEIU 446 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Police Cadet HNSPEA CAD $16.00 $16.80 $17.64 $18.52 $19.45 (Hourly rates) Police Captain HPMA 603 $12,428 $13,049 $13,702 $14,387 $15,106 $15,862 Police Corporal HPOA 154 $10,164 $10,673 $11,206
Police Investigator HPOA 152 $7,946 $8,343 $8,760 $9,198 $9,658 $10,141 $10,648 Police Lieutenant HPMA 602 $11,297 $11,862 $12,455 $13,078 $13,732 $14,419 Police Officer HPOA 150 $7,224 $7,585 $7,964 $8,362 $8,780 $9,219 $9,680 Police Officer-Trainee HPOA 149 $5,418

06.19.2024KB City of Hemet Salary Schedule Last Approved: 01.09.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council June 25, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Police Personnel & Training Coordinator MC 914 $4,883 $5,127 $5,383 $5,653 $5,935 $6,232 $6,544 Police Sergeant HPMA 601 $9,416 $9,886 $10,381 $10,900 $11,445 $12,017 Principal Accountant MC 924 $6,252 $6,565 $6,893 $7,238 $7,600 $7,980 $8,378 Principal Engineer HMMA 551 $9,752 $10,239 $10,751 $11,289 $11,853 $12,446 Principal Planner HMMA 544 $8,204 $8,614 $9,045 $9,497 $9,972 $10,471 Procurement Administrator HMMA 534 $6,410 $6,731 $7,067 $7,420 $7,791 $8,181 Program Coordinator - Office of Violence Prevention MC 915 $5,006 $5,256 $5,519 $5,795 $6,085 $6,389 $6,708 Property & Evidence Technician HNSPEA 336 $3,816 $4,007 $4,208 $4,418 $4,639 $4,871 Public Information Social Media Officer HMMA 539 $7,251 $7,614 $7,995 $8,394 $8,814 $9,255 Public Safety Dispatch Supervisor HMMA 534 $6,410 $6,731 $7,067 $7,420 $7,791 $8,181 Public Safety Dispatcher HNSPEA 338 $5,323 $5,589 $5,868 $6,162 $6,470 $6,793 Public Safety Dispatcher - On Call n/a PTB $39.20 (Per hour) Public Safety Office Specialist HNSPEA 330 $3,327 $3,494 $3,669 $3,852 $4,045 $4,247 Public Safety Office Specialist Supervisor HMMA 527 $5,392 $5,662 $5,945 $6,242 $6,554 $6,881 Public Safety Operator HNSPEA 333 $3,819 $4,010 $4,210 $4,421 $4,642 $4,874 Public Safety Support Services Manager HMMA 544 $8,204 $8,614 $9,045 $9,497 $9,972 $10,471 Public Works Director/City Engineer AW PWE $14,583 $14,984 $15,396 $15,819 $16,255 Public Works Inspector I SEIU 446 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Public Works Inspector II SEIU 450 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Public Works Operations Manager HMMA 547 $8,834 $9,275 $9,739 $10,226 $10,737 $11,274 Senior Building Inspector SEIU 458 $5,618 $5,899 $6,194 $6,504 $6,829 $7,000 $7,175 Senior Engineering Technician SEIU 454 $5,101 $5,356 $5,624 $5,905 $6,200 $6,355 $6,514 Senior Librarian HMMA 526 $5,260 $5,523 $5,800 $6,090 $6,394 $6,714 Senior Planner HMMA 536 $6,733 $7,070 $7,424 $7,795 $8,185 $8,594 Senior Public Works Inspector SEIU 458 $5,618 $5,899 $6,194 $6,504 $6,829 $7,000 $7,175

06.19.2024KB City of Hemet Salary Schedule Last Approved: 01.09.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council June 25, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Streets Supervisor HMMA 531 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Tree Trimmer SEIU 442 $3,785 $3,975 $4,173 $4,382 $4,601 $4,716 $4,834 Water Dist Sys Oper I SEIU 436 $3,264 $3,427 $3,599 $3,778 $3,967 $4,067 $4,168 Water Dist Sys Oper II SEIU 441 $3,691 $3,876 $4,070 $4,273 $4,487 $4,599 $4,714 Water Production Systems Oper. I SEIU 443 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Water Production Systems Oper. II SEIU 448 $4,390 $4,609 $4,840 $5,082 $5,336 $5,469 $5,606 Water Quality & Conserv. Spec. SEIU 449 $4,499 $4,724 $4,960 $5,208 $5,469 $5,605 $5,745 Water/Waste Water Superintendent HMMA 543 $8,004 $8,404 $8,825 $9,266 $9,729 $10,216 Water/Waste Water Supervisor HMMA 531 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Number of Authorized Titles 134
All rates are monthly unless otherwise indicated.

BARGAINING UNIT KEY
At Will AW
Elected Officials E
Hemet Firefighters Association HFFA
Hemet Mid Management Association HMMA
Hemet Non-Sworn Personnel HNSPEA
Hemet Police Officers Association HPOA
Hemet Police Managment Association HPMA
Management/Confidential Personnel MC
Service Employees International Union SEIU
Updates to this salary schedule are for the HPOA unit. Salaries increased 11.9% pursuant to the Memorandum of Understanding (MOU).

06.19.2024KB City of Hemet Salary Schedule Last Approved: 01.09.2024

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MEMORANDUM OF UNDERSTANDING

CITY OF HEMET AND
HEMET POLICE OFFICERS ASSOCIATION, INC.

July 1, 20241 through June 30, 20264

TABLE OF CONTENTS

ARTICLE PAGE

ARTICLE I - RECOGNITION

ARTICLE II - MANAGEMENT RIGHTS

ARTICLE III - SALARIES

ARTICLE IV - BENEFITS

ARTICLE V - LEAVES

ARTICLE VI - HOLIDAYS

ARTICLE VII - PERSONNEL REDUCTION PROCEDURE

ARTICLE VIII - NONDISCRIMINATION

ARTICLE IX - DISCIPLINE AND DISCHARGE RULES AND REGULATIONS

ARTICLE X - GRIEVANCE APPEALS PROCEDURE

ARTICLE XI - COMPLETION OF MEET AND CONFER

ARTICLE XII - SAVINGS CLAUSE

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-1-

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF HEMET
AND
HEMET POLICE OFFICERS ASSOCIATION, INC.

This Memorandum of Understanding (hereinafter "MOU") is entered into between the City of Hemet (hereinafter "City") and the Hemet Police Officers Association, Inc. (hereinafter "Association"), pursuant to the provisions of the Meyers-Milias-Brown Act. This MOU shall be effective for the period from July 1, 20241 through June 30, 20264; and thereafter shall continue in effect year-by-year unless one of the parties notifies the other in writing no later than March 31, 20264 of its request to modify, amend or terminate this MOU no later than March 31st of any year after 20264.

ARTICLE I - RECOGNITION
I.1 The City reaffirms its recognition of the Association, in conformance with Ordinance No. 682, as the exclusive representative of all Police Department employees within the classifications of:

Police Corporal
Police Officer
Police Investigator
The Association does not represent part-time employees.

I.2 Nothing in the above shall be construed as requiring an employee to join the recognized Association nor to maintain his or her membership in the recognized Association as a condition of employment.

ARTICLE II - MANAGEMENT RIGHTS
II.1 It is understood and agreed that the City retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to:

Determine its organization; direct the work of its employees; assign work not expressly covered by job description, determine the times and hours of operation; determine normal working hours and to schedule shifts accordingly; determine the kinds and levels of services to be provided, and the methods and means of providing them, establish its municipal policies, goals and objectives, make technological improvements; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of City operations; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work in accordance with law; creating, maintaining and/or terminating the take home vehicle use program; and to take any action necessary to meet conditions of any emergency nature, provided that the Association shall be afforded the

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opportunity to meet and confer concerning the necessity of any such action if inconsistent with this MOU. In addition, the City retains the right to hire, classify, assign, evaluate, promote, terminate, transfer and discipline employees.

II.2 The City Manager may lay off a unit member because of shortage of work, lack of funds, material change in duties or organization, or for other valid reasons.

II.3 The City has the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the City.

II.4 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this MOU, and then only to the extent such specific and express terms are in conformance with law.

II.5 This clause shall be interpreted and applied consistently with all other specific provisions of this MOU which deal with such management rights.

ARTICLE III- SALARIES
III.1 Salary Increases.
(a) Effective the first full pay period after July 1, 20242, the City shall ensure that all bargaining unit employees are minimally compensated (using total compensation which includes education/POST pay, max longevity, uniform, medical/dental/vision, bilingual pay, and deferred comp., etc.) at one hundred five percent (105%) of the market mean based upon the most recently-conducted classification and compensation analysis benchmarked at January 1, 2024, constituting and eleven point nine percent (11.9%) increase for all bargaining unit classifications base salaries of all classifications will be increased by 5%.
(b) Effective the first full pay period after July 1, 20253, the base salaries of all classifications will be increased by three percent (3%).

3.2 COVID-19 “Essential Worker” Premium Pay Stipend.
(a) Represented unit members who performed at least 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:

A $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.
(b) Represented unit members who performed less than 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020

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and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:

A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.

3.3 One-time Bonus
(a) Represented unit members who worked at least 1000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend in Section 3.1a above, and who are employed on the date payment is made, shall receive payment as follows:

A $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.
(b) Represented united members who worked less than 1000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend in Section 3.1a above, and who are employed on the date payment is made, shall receive payments as follows:

A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.

III.2 Police Officer Trainee Salary. Police officer trainees shall receive a salary equal to seventy-five percent (75%) of the current Step A rate for police officers. This rate shall be applicable until a police officer trainee is moved to the classification of police officer, at which time, the police officer shall then receive one hundred percent (100%) of the step A rate for police officers until advanced to the next step. The police officer's salary anniversary date shall be six months from the first day of his/hertheir change from the classification of police officer trainee to the classification of police officer. Nothing in this section shall be deemed an amendment to existing personnel rules, including but not limited to Article 14 thereof.

III.3 Minimum Court Time. Unit members shall be granted a minimum of three (3) hours credit (compensatory or paid) for a required court appearance during non-scheduled offduty hours where such appearance is related to City business, Beyond the three (3) hour minimum, unit members shall be given credit for the actual number of non-duty hours. In the event that a court appearance is required during scheduled duty hours (either before or after the shift), the employee shall be paid only or actual time spent in court.

III.4 Minimum Shoot Time. Unit members required to qualify with firearms shall be granted a minimum of two (2) hours credit (compensatory or paid) for required time at the firing range. Beyond the two (2) hour minimum, unit members shall be given credit for the actual number of non-duty hours. In the event that shoot time is required during scheduled duty hours but extends into non-scheduled hours (either before or after the shift), the employee shall be paid only for actual time spent at the firing range.

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III.5 Minimum Call Back Time. An employee shall be granted a minimum of two (2) hours credit (compensatory or paid) for a required call back to duty during hours where such call back is related to City business. Any other call backs or work performed during the time covered by the two (2) hour minimum shall not entitle the employee to additional compensation. For example, if an employee is called back to work from 8:00 p.m. to 8:20 p.m. and again from 9:00 p.m. to 9:15 p.m., the employee would only be entitled to a single two (2) hour minimum call back because both call backs were completed within the two hours. Beyond the two (2) hours minimum, such an employee shall be paid at the overtime rate of pay. For purposes of this paragraph, "minimum call back time" will not apply to an employee held over at the end of his or her regular shift. Call back time begins when the officer makes himself or herself available for Department business and in fact begins handling Department business.

III.6 The City shall periodically audit and update job classifications, revising descriptions for those employees working out of classification. The Association shall be entitled to actively participate with its input in regard to matters pertaining to unit employees.

III.7 The City shall compensate commensurately those employees temporarily upgraded to fill supervisory positions. Training positions, of designated period and objective, are exempted from the above.

III.8 (a) Compensatory Time. Employees are authorized to accumulate not more than eighty one hundred (8100) hours of compensatory time in lieu of overtime compensation.

Such compensatory time shall be earned at the rate of one and one-half hours for each hour of employment for which overtime compensation is required. (1) An employee who has requested the use of earned compensatory time shall be permitted to use such time within a reasonable time period after making the request if the use of the compensatory time does not unduly disrupt the operations of the department.
(2) An employee at any time may request compensation for any compensatory time earned. Such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. Such compensation shall be included in the employee's regular bi-weekly payroll check.
(3) An employee who has accrued compensatory time off shall, upon termination of employment, be paid for the unused compensatory time at the rate of compensation not less than (A) the average regular rate received by such employee during the last three (3) years of the employee's employment, or (B) the final regular rate received by such employee, whichever is higher.
(4) The City will not compel an employee to reduce his or her compensatory time bank through mandatory time off.

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(b) Holiday Bank (Compensatory) Time. In addition to the provisions of Section

3.8(a) employees may accumulate compensatory time in lieu of holiday pay, at the same rate at which such time would have been paid. Notice of the exercise of this option shall be given in the manner directed by City. Time accumulated pursuant to this subsection may be sold in increments of not less than 8 hours unless the balance of the employee's accumulated time is less than 8 hours, in which event the entire balance thereof may be sold. All such accumulated time shall be sold in the last pay period of each calendar year.

III.9 Overtime. Time worked which exceeds an employee's scheduled shift, upon approval of employee's duty watch commander, shall be compensated at a rate of one and one-half times the employee's hourly regular rate of pay.

Overtime compensation shall be payable to employees in cash or compensatory time off, at the election of the employee, provided that the election concerning compensatory time shall be consistent with Section 3.8.

For purposes of this section, shift trades shall not be deemed as overtime, provided that such shift trades are for the sole convenience of the employees.

III.10 K-9 Officer Compensation. All assigned K-9 officers will receive additional compensation per pay period in an amount equal to seven (7) hours of overtime pay, calculated at the overtime rate described in MOU Section 3.9.

III.11 Longevity Pay.
(a) 10-Year Stipend
Effective the second full pay period after City Council approval of this MOU, all unit members with ten (10) years or more of service as a sworn peace officer shall be paid a stipend of $500 per month.
(b) 15-Year Stipend
Effective the second full pay period after City Council approval of this MOU, all unit members with fifteen (15) years or more of service as a sworn peace officer shall be paid an additional stipend of $400 per month.

III.12 Patrol / SRO Incentive. Effective on the first day of the first pay period after July 1, 2017, unit members who are primarily assigned to Patrol or School Resource Officer, have successfully passed probation, and served a minimum of three (3) years as a fulltime sworn peace officer, shall be paid a stipend of two percent (2%) base salary for the period of time they remain assigned to Patrol or School Resource Officer.

III.13 Corporal Salary
The salary of the Corporal classification shall be computed from the top step of the Police Officer salary as follows:

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(a) During probation as Corporal, salary shall be five percent (5%) above the highest police officer salary step.
(b) The Corporal's salary anniversary date shall be six (6) months from the first day of his/her change from the classification of Police Officer to the classification of Corporal. A Corporal is eligible to have his/her salary increased from step C to D after six (6) months when he/she achieves at least a “MEETS STANDARDS” performance evaluation.
(c) The Corporal classification shall have a total of three steps (C, D, and E) with a five percent (5%) differential between each step.

ARTICLE IV - BENEFITS
IV.1 Health Insurance. The City shall make available to all full-time employees and their dependents medical plans through commercial carriers offering at least one HMO and one PPO option. The City shall also make available a self-funded dental and vision plan. (a) The City shall make the following monthly contributions during the term of this MOU:Effective the first full month after City Council approval of this MOU, the City will contribute the sum of $1,100.00 per month per employee in paid status toward the cost of health insurance. The City will contribute 100% of the cost per month per employee in paid status toward the cost of dental and vision plans for such employee and his/her dependents.

KAISER LOW Plan Year
2024/2025
Plan year 2025/2026
Employee Only $650* Dollar Amount
Equivalent to 100%
Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,595.00 $1,645.00
KAISER HIGH Plan Year
2024/2025
Plan year 2025/2026
Employee Only $650* Dollar Amount
Equivalent to 100%
Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,670.00 $1,720.00
The same amounts as above shall be used for Aetna Basic (corresponding with Kaiser Low contributions) and Aetna Enhanced (corresponding with Kaiser High contributions).

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Should any other bargaining unit within the City of Hemet negotiate greater Health Insurance benefits in successors to current MOUs set to expire on June 30, 2024, HPOA bargaining unit members shall, on a one-time, non-precedential basis, receive the same benefits for the July 1, 2024 – June 30, 2026 term of this Agreement.
(b) City is hereby authorized to make automatic payroll deductions for any employee contributions which may be required pursuant to this section. In the event any employee shall file a written objection to such automatic withholding, City shall not be obligated to provide any medical benefit for such employee. (c) In most situations, the effective date of health insurance coverage for new fulltime employees and their eligible dependents will be the first day of the month following the date of hire.

4.2 Vision Benefit. The vision benefits shall be as follows:
(a) The maximum vision benefit per family per calendar year shall be four hundred fifty seventy-five dollars ($4750.00).
(b) No vision benefit shall be payable for replacement of existing lenses more than twice per year per individual.
(c) No vision benefit shall be payable for replacement of frames more than once per year per individual.
(d) No vision benefit shall be payable for lenses which are not prescription lenses. (e) The limitation on the tinting of prescription lenses is deleted. (f) The vision benefit may be used for laser eye surgery.

IV.3 Certificate Incentive Program.
(a) Effective the first day of the first pay period following July 1, 2017, the following certificate incentives will be provided to unit members:
(i) The City will pay 2.5% of base salary to those sworn personnel presently holding or hereafter obtaining a P.O.S.T. Intermediate Certificate or Bachelor's Degree.
(ii) The City will pay an additional 2.5% of base salary to those sworn personnel presently holding or hereafter obtaining a P.O.S.T. Advanced Certificate or Master's Degree.
(iii) The City will pay a maximum amount of 5.0% of base salary to those sworn personnel holding both an Intermediate and Advanced Certificate or

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Bachelor's Degree and Master's Degree or a P.O.S.T. Intermediate Certificate and Bachelor's Degree.
(a) Unit members must have earned their degree from an institution of higher education fully accredited by the Western Association of Schools and Colleges (“WASC”), in order to qualify for a corresponding certificate incentive under this section, with the exception that any unit member who earned a qualifying degree from a non-WASC accredited institution shall be deemed a legacy beneficiary of this section so long as they were enrolled in such college or university prior to July 31, 2024.
(b) Effective the first day of the first pay period following July 1, 2018, the certificate incentives in section 4.2(a) will sunset and be replaced with the following certificate incentives:The following certificate incentives will be provided to unit members:
(i) The City will pay three percent (3.0%) of base salary to those sworn personnel presently holding or hereafter obtaining a P.O.S.T. Intermediate Certificate or Bachelor's Degree.
(ii) The City will pay an additional five percent (5.0%) of base salary to those sworn personnel presently holding or hereafter obtaining a P.O.S.T.

Advanced Certificate or Master's Degree.
(iii) The City will pay a maximum amount of eight percent (8.0%) of base salary to those sworn personnel holding both an Intermediate and Advanced Certificate or Bachelor's Degree and Master's Degree or a P.O.S.T. Intermediate Certificate and Bachelor's Degree.

IV.4 Educational Reimbursement. Full-time, permanent employees of the City who have passed original probation shall qualify for participation in the educational tuition reimbursement program. The program covers courses taken at accredited colleges, universities, correspondence courses, and other institutions. Reimbursement shall not exceed two thousand five hundred dollars ($2,5000.00) per calendar year.

Reimbursement will be subject to the following:
(a) The course elected must be of benefit to the City and directly related to the employee's current duties or future employment with the City. Courses taken to satisfy an associate, bachelor's or master's degree requirement may be approved, provided that the degree goal is in the field of current employment of the employee or future employment with the City.
(b) The employee must be enrolled in an institution of higher education fully accredited by WASC, with the exception that any employee who is enrolled at a non-WASC accredited institution shall be deemed a legacy beneficiary of this section, so long as they were enrolled in such college or university prior to July 31, 2024.

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(cb) Each employee must attend on his/hertheir own time and complete the course satisfactorily with a passing grade of "C" or its numerical equivalent, or a "pass" or "credit" for the class.
(dc) The employee must obtain approval, in writing, from the Chief of Police or his/her designee, prior to enrolling in the course.
(ed) Such reimbursement shall include tuition, books, and parking fees used to complete course requirements on assigned projects, but shall not include travel time, mileage, and other miscellaneous costs.
(fe) Upon completion of the course, the employee shall attach the grade report along with receipts for covered items to his/her approved application for educational assistance and present it to the Chief of Police. The Chief of Police will forward the records of completion to the Human Resources Department. (gf) The Human Resources Manager will authorize a tuition reimbursement upon certification of satisfactory completion.
(hg) Copies of courses completed and the grades attained will be maintained in the employee's personnel file and in the department's file. (ih) Applications for reimbursement will be accepted no later than one month after the course grades have been distributed.
(ji) If an employee leaves the City service within one (1) year after completion of a course paid for by the City, the costs of such course will be deducted from the employee's last pay check. If the last pay check is insufficient to repay the costs, the employee will be required to make appropriate arrangements, including a promissory note, to repay the balance within a year of leaving City service. The City Manager may alter the above requirements in unusual circumstances. (kj) Notwithstanding the foregoing reimbursement plan, an eligible employee may have eligible expenses advanced, provided the department establishes a program which insures the recovery of any advance which is not thereafter earned by satisfactory completion of a qualified course of study.

IV.5 Uniform Allowance. The City shall contribute one thousand three hundred forty-five dollars ($1,345) per year as a uniform allowance for all unit members required by the City to wear uniforms. The allowance will be made in payments of fifty-one dollars and seventy-three cents ($51.73) per pay period. This allowance covers maintenance and replacement of uniforms as necessary. However, in the event a pair of uniform pants or a uniform shirt is irreparably damaged in the line of duty without fault of the unit member, the unit member may submit a request to the City for reimbursement to replace the