Hemet City Council
September 10, 2024

21.A

08/08/2024
Voucher List
City of Hemet
49 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212775 8/8/2024 90418 O'REILLY AUTO PARTS (Continued)
6282-125375 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 32.01
6282-125408 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 15.70
6282-125510 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 30.13
6282-125651 PARTS/SUPPLIES

PARTS/SUPPLIES
684-4550-2350 -134.49
6282-126440 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 93.33
6282-126519 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 39.13
6282-126570 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 69.64
6282-126685 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 25.52
6282-126731 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 17.22
6282-126843 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 157.09
6282-126845 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 13.59
6282-126921 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
Page: 49

21.A

08/08/2024
Voucher List
City of Hemet
50 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212775 8/8/2024 90418 O'REILLY AUTO PARTS (Continued)
684-4550-2350 21.50
6282-126995 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 32.59
6282-127052 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 342.71
6282-127682 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 70.67
6282-127853 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 80.29
6282-127995 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 84.81
6282-128028 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 874.36
6282-128131 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 77.29
6282-128135 PARTS/SUPPLIES

PARTS/SUPPLIES
684-4550-2350 -874.36
6282-128153 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 62.36
6282-128157 PARTS/SUPPLIES

PARTS/SUPPLIES
684-4550-2350 -77.29
6282-128211 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 68.07
6282-128258 AUTO PARTS/SUPPLIES
Page: 50

21.A

08/08/2024
Voucher List
City of Hemet
51 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212775 8/8/2024 90418 O'REILLY AUTO PARTS (Continued)
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 7.16
6282-128316 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 224.11
6282-128319 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 47.49
6282-128916 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 2.34
6282-128929 PARTS/SUPPLIES

PARTS/SUPPLIES
684-4550-2350 -79.44
6282-129104 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 23.87
6282-129155 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 90.57
6282-129213 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 80.34
6282-129598 AUTO PARTS/SUPPLIES
2025-000227 AUTO PARTS/SUPPLIES
684-4550-2350 17.37
Total : 1,427.10
212776 8/8/2024 99229 ORTEGA, MIGUEL 0718247935 TOOL PURCHASE

TOOL PURCHASE
684-4550-2350 43.77
Total : 43.77
212777 8/8/2024 82115 PACKHAM & TOOMEY INC 2024270 UNDERGROUND STORAGE TANK INSPECTION/REPA 2025-000028 UNDERGROUND STORAGE TANK ~
Page: 51

21.A

08/08/2024
Voucher List
City of Hemet
52 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212777 8/8/2024 82115 PACKHAM & TOOMEY INC (Continued)
685-4560-2400 135.00
2024315 UNDERGROUND STORAGE TANK INSPECTION/REPA
2025-000028 UNDERGROUND STORAGE TANK ~
685-4560-2400 135.00
Total : 270.00
212778 8/8/2024 91105 PAEZ, ARTHUR EDUCAT EDUCATIONAL REIMBURSEMENT

EDUCATIONAL REIMBURSEMENT
115-3000-1400 538.99
REQ 080524 REIMB EXPENSE, MEALS/BAGGAGE

REIMB EXPENSE, MEALS/BAGGAGE
110-3000-2550 122.65
Total : 661.64
212779 8/8/2024 98198 PALICON GROUP 2040 PD BACKGROUND INVESTIGATIONS - PALICON 2025-000201 PRE-EMPLOYMENT BACKGROUND INVESTIGATION
110-3000-2710 3,500.00
Total : 3,500.00
212780 8/8/2024 94367 PARKHOUSE TIRE, INC 2010907379 TIRES, TUBES, SUPPLIES & SERVICES 2025-000136 TIRES, TUBES, SUPPLIES & SERVICES~
684-4550-2350 1,575.87
2010907403 TIRES, TUBES, SUPPLIES & SERVICES
2025-000136 TIRES, TUBES, SUPPLIES & SERVICES~
684-4550-2350 1,575.87
2010908452 TIRES, TUBES, SUPPLIES & SERVICES
2025-000136 TIRES, TUBES, SUPPLIES & SERVICES~
684-4550-2350 1,363.08
2010909175 TIRES, TUBES, SUPPLIES & SERVICES
2025-000136 TIRES, TUBES, SUPPLIES & SERVICES~
684-4550-2350 2,141.60
2010909177 TIRES, TUBES, SUPPLIES & SERVICES
2025-000136 TIRES, TUBES, SUPPLIES & SERVICES~
684-4550-2350 1,382.97
2010910675 TIRES, TUBES, SUPPLIES & SERVICES
Page: 52

21.A

08/08/2024
Voucher List
City of Hemet
53 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212780 8/8/2024 94367 PARKHOUSE TIRE, INC (Continued)
2025-000136 TIRES, TUBES, SUPPLIES & SERVICES~
684-4550-2350 926.48
Total : 8,965.87
212781 8/8/2024 72314 PB LOADER CORPORATION IN0021981 PARTS FOR UNIT 4220 2024-000839 HOSE REEL ASSY 1/2"X 25' D
684-4550-2350 2,347.10
2024-000839 DUAL SPRAY WAND
684-4550-2350 590.34
Freight
684-4550-2350 289.94
Rivrsde County Sales Tax Jan13
684-4550-2350 234.26
Total : 3,461.64
212782 8/8/2024 97564 PEDDER HOLDINGS LLC 16532 REFUND - CLOSED BUSINESS LICENSE

REFUND - CLOSED BUSINESS LICENSE
684-4550-2350 200.00
Total : 200.00
212783 8/8/2024 92239 PINNEY, DEBRA AUG 2024 PYMT IN LIEU OF MEDICAL INSURANCE

PYMT IN LIEU OF MEDICAL INSURANCE
689-2150-2400 1,324.03
Total : 1,324.03
212784 8/8/2024 77237 PINS & NEEDLES EMBROIDERY 15169 SHIRTS/HATS/PATCHES EMBROIDERY

SHIRTS/HATS/PATCHES EMBROIDERY
685-4560-2700 238.16
15170 SHIRTS/HATS/PATCHES EMBROIDERY

SHIRTS/HATS/PATCHES EMBROIDERY
100-1100-2250 47.85
Total : 286.01
212785 8/8/2024 74951 PITNEY BOWES PURCHASE POWER 10777393 POSTAGE BY PHONE RESET

POSTAGE BY PHONE RESET
Page: 53

21.A

08/08/2024
Voucher List
City of Hemet
54 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212785 8/8/2024 74951 PITNEY BOWES PURCHASE POWER (Continued) 160-6100-2250 262.07
Total : 262.07
212786 8/8/2024 52875 PRESS ENTERPRISE 5209912 LEGAL ADVERTISEMENTS 2025-000042 LEGAL ADVERTISEMENTS ALL CITY
110-5761-2710 226.84
2025-000042 LEGAL ADVERTISEMENTS ALL CITY
120-1701-2220 707.38
2025-000042 LEGAL ADVERTISEMENTS ALL CITY
100-1300-2220 698.04
Total : 1,632.26
212787 8/8/2024 80262 PUBLIC RISK INNOVATION 25400433 POLLUTION INSURANCE PROGRAM 2025-000242 POLLUTION INSURANCE PROGRAM~
683-2200-2500 3,998.00
2025-000242 PRISM ADMIN FEE~
683-2200-2500 78.00
25400853 CYBER LIABILITY PROGRAM
2025-000243 CYBER LIABILITY PROGRAM~
683-2200-2500 23,500.00
2025-000243 PRISM ADMIN FEE~
683-2200-2500 940.00
Total : 28,516.00
212788 8/8/2024 99266 PULSIFER, JAMES 108253 REFUND - CLOSED UTILITY ACCT

REFUND - CLOSED UTILITY ACCT
571-0835 239.75
Total : 239.75
212789 8/8/2024 98646 QUADIENT INC 17425654 QUADIENT POSTAGE MACHINE 2025-000172 Quadient Postage Machine
100-1400-2250 3,332.28
2025-000172 Quadient Postage Machine
100-1401-2250 784.35
2025-000172 Quadient Postage Machine
Page: 54

21.A

08/08/2024
Voucher List
City of Hemet
55 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212789 8/8/2024 98646 QUADIENT INC (Continued)
571-9000-2255 1,634.22
2025-000172 Quadient Postage Machine
100-1200-2250 53.62
2025-000172 Quadient Postage Machine
120-1700-2250 111.99
2025-000172 Quadient Postage Machine
120-1925-2250 74.04
2025-000172 Quadient Postage Machine
120-1701-2250 1,048.76
2025-000172 Quadient Postage Machine
160-6100-2250 733.88
2025-000172 Quadient Postage Machine
110-3200-2250 39.30
2025-000172 Quadient Postage Machine
120-3300-2250 140.89
2025-000172 Quadient Postage Machine
120-3350-2250 626.42
2025-000172 Quadient Postage Machine
110-3225-2250 260.25
NEW Riverside Co Sales Tax
100-1400-2250 291.58
NEW Riverside Co Sales Tax
100-1401-2250 68.63
NEW Riverside Co Sales Tax
571-9000-2255 142.99
NEW Riverside Co Sales Tax
100-1200-2250 4.69
NEW Riverside Co Sales Tax
120-1700-2250 9.80
NEW Riverside Co Sales Tax
120-1925-2250 6.48
NEW Riverside Co Sales Tax
120-1701-2250 91.77
NEW Riverside Co Sales Tax
Page: 55

21.A

08/08/2024
Voucher List
City of Hemet
56 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212789 8/8/2024 98646 QUADIENT INC (Continued)
160-6100-2250 64.22
NEW Riverside Co Sales Tax
110-3200-2250 3.44
NEW Riverside Co Sales Tax
120-3300-2250 12.33
NEW Riverside Co Sales Tax
120-3350-2250 54.81
NEW Riverside Co Sales Tax
110-3225-2250 22.76
61177865 QUADIENT FOLDING MACHINE MAINTENANCE
2025-000221 Quadient folding machine maintenance
100-1400-2710 828.00
2025-000221 Quadient folding machine maintenance
254-4600-2254 231.07
2025-000221 Quadient folding machine maintenance
254-4650-2254 231.07
2025-000221 Quadient folding machine maintenance
571-9000-2254 365.86
Total : 11,269.50
212790 8/8/2024 83314 R D O EQUIPMENT CO P7396835 PARTS & SUPPLIES

PARTS & SUPPLIES
684-4550-2350 600.98
Total : 600.98
212791 8/8/2024 97194 RAPID AUTO GLASS & TINT 10196 VEHICLE WRAPS & DECALS

VEHICLE WRAPS & DECALS
684-4550-2350 350.00
Total : 350.00
212792 8/8/2024 98297 REYNOLDS, HEIDI 123843738 K9 GROOMING K9 GROOMING
110-3003-2710 132.00
Total : 132.00
Page: 56

21.A

08/08/2024
Voucher List
City of Hemet
57 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212793 8/8/2024 89482 RICHARDS, REBECCA ANN AUG 2024 PAYMENT IN LIEU OF MEDICAL INS

PAYMENT IN LIEU OF MEDICAL INS
689-2150-2400 476.00
Total : 476.00
212794 8/8/2024 78083 RIGHTWAY SITE SERVICES INC 390478 PORTABLE SANITATION SERVICES 2025-000030 PORTABLE SANITATION SERVICES
110-4250-2400 349.43
Total : 349.43
212795 8/8/2024 88346 RIVERSIDE UNIVERSITY HEALTH SY 2024-07 SEXUAL ASSAULT EXAMS 2025-000091 SEXUAL ASSAULT EXAMINATION
110-3002-2710 1,200.00
Total : 1,200.00
212796 8/8/2024 75335 RIVERSIDE, COUNTY OF (SHERIFF) BCTC0077714 PD TRAINING 2025-000092 TUITION
110-3000-2560 1,105.00
BCTC0077715 PD TRAINING
2025-000092 TUITION
110-3000-2560 1,105.00
BCTC0078089 PD TRAINING
2025-000092 TUITION
110-3008-2560 36.00
Total : 2,246.00
212797 8/8/2024 99267 ROBBINS, CYNTHIA 156238 REFUND - CLOSED UTILITY ACCT

REFUND - CLOSED UTILITY ACCT
571-0835 135.28
Total : 135.28
212798 8/8/2024 76780 RUSSO, JOHN AUG 2024 PYMT IN LIEU OF MEDICAL INS

PYMT IN LIEU OF MEDICAL INS
689-2150-2400 953.81
Total : 953.81
212799 8/8/2024 69109 S E I U LOCAL 721 Ben531289 SEIU CONTRIBUTIONS: PAYMENT Page: 57

21.A

08/08/2024
Voucher List
City of Hemet
58 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212799 8/8/2024 69109 S E I U LOCAL 721 (Continued)
SEIU CONTRIBUTIONS: Payment
750-2163 2,905.44
SEIU OTHER CONTRIBUTIONS: Payment
750-2163 100.50
Total : 3,005.94
212800 8/8/2024 98402 S V A ARCHITECTS INC 62313 ARCHITECT DESIGN FOR ROOF REPLACEMENT 2024-000678 ARCHITECT DESIGN FOR ROOF REPLACEMENT
270-7021-5300 1,687.50
Total : 1,687.50
212801 8/8/2024 74028 SAM BROWN SHIELDS INC 7480 BADGES/SHIELDS

BADGES/SHIELDS
110-3241-2700 653.95
Total : 653.95
212802 8/8/2024 74745 SAN BERNARDINO, COUNTY OF (SD) 25511 POLYGRAPH SERVICES

POLYGRAPH SERVICES
110-3000-2710 600.00
Total : 600.00
212803 8/8/2024 78085 SAN BERNARDINO, COUNTY OF (SD) 24-113-061AOT TRAFFIC ACCIDENT INVESTIGATION

TRAFFIC ACCIDENT INVESTIGATION
130-3005-2560 362.00
Total : 362.00
212804 8/8/2024 70507 SERNA, FRANK AUG 2024 PYMT IN LIEU OF MEDICAL INSURANCE

PYMT IN LIEU OF MEDICAL INSURANCE
689-2150-2400 282.00
Total : 282.00
212805 8/8/2024 86439 SHERWIN-WILLIAMS CO 7420-0 PAINT MATERIALS AND SUPPLIES 2025-000061 PAINT MATERIALS AND SUPPLIES
221-4200-2450 315.98
7616-3 PAINT MATERIALS AND SUPPLIES
2025-000061 PAINT MATERIALS AND SUPPLIES
Page: 58

21.A

08/08/2024
Voucher List
City of Hemet
59 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212805 8/8/2024 86439 SHERWIN-WILLIAMS CO (Continued)
221-4200-2450 264.56
Total : 580.54
212806 8/8/2024 81176 SIRSIDYNIX CORP INV17059 ANNUAL MAINTENACNE FOR SIRSI DYNIX PROPR 2025-000239 Annual maintenance for Library
110-6100-2265 30,988.51
Total : 30,988.51
212807 8/8/2024 92966 SKYLINE SAFETY AND SUPPLY 8561 STREET MAINTENANCE & SAFETY SUPPLIES 2025-000145 STREET MAINTENANCE & SAFETY SUPPLIES
571-9000-2700 65.03
8564 STREET MAINTENANCE & SAFETY SUPPLIES
2025-000145 STREET MAINTENANCE & SAFETY SUPPLIES
571-9000-2700 655.88
2025-000145 STREET MAINTENANCE & SAFETY SUPPLIES
254-4600-2700 448.05
8587 STREET MAINTENANCE & SAFETY SUPPLIES
2025-000145 STREET MAINTENANCE & SAFETY SUPPLIES
110-4250-2450 147.52
2025-000145 STREET MAINTENANCE & SAFETY SUPPLIES
225-8250-2450 147.52
2025-000145 STREET MAINTENANCE & SAFETY SUPPLIES
228-8265-2450 147.51
8588 STREET MAINTENANCE & SAFETY SUPPLIES
2025-000145 STREET MAINTENANCE & SAFETY SUPPLIES
254-4650-2450 202.28
Total : 1,813.79
212808 8/8/2024 58450 SMART & FINAL 9301 FOOD AND BREAKROOM SUPPLIES 2025-000044 FOOD & BREAKROOM SUPPLIES
110-3000-2700 105.81
Total : 105.81
212809 8/8/2024 58695 SNODGRASS JR, JAMES R AUG 2024 REIMB MEDICAL INSURANCE PREMIUM

REIMB MEDICAL INSURANCE PREMIUM
Page: 59

21.A

08/08/2024
Voucher List
City of Hemet
60 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212809 8/8/2024 58695 SNODGRASS JR, JAMES R (Continued) 689-2150-2400 209.00
Total : 209.00
212810 8/8/2024 98164 SOFTRESOURCES LLC 5193 CONSULTANT SERVICES FOR AN ERP SYSTEM 2023-000259 CO#1 - INCREASED PO TO ACCOMODATE
316-5672-2710 685.41
2023-000259 CO#1 - INCREASED PO TO ADD
316-5672-2710 8,764.59
Total : 9,450.00
212811 8/8/2024 71475 SOUTH COAST AQMD 4391720 EMISSIONS

EMISSIONS
685-4560-2450 1,180.72
4391766 EMISSIONS

EMISSIONS
685-4560-2450 159.92
4392995 EMISSIONS

EMISSIONS
685-4560-2450 165.96
4393210 EMISSIONS

EMISSIONS
685-4560-2450 165.96
Total : 1,672.56
212814 8/8/2024 59145 SOUTHERN CALIFORNIA EDISON 700009604660 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 79.80
700009673772 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 41.49
700013684522 ELECTRIC BILLS

ELECTRIC BILLS
227-8262-2105 60.72
700031062878 ELECTRIC BILLS

ELECTRIC BILLS
Page: 60

21.A

08/08/2024
Voucher List
City of Hemet
61 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212814 8/8/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 225-8250-2105 51.25
700035557517 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 20.71
700064463719 ELECTRIC BILLS

ELECTRIC BILLS
685-4560-2105 21,073.24
700069252485 ELECTRIC BILLS

ELECTRIC BILLS
227-8272-2105 31.41

ELECTRIC BILLS
228-8272-2105 288.66
700077883162 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 155.99
700078913281 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 27.46
700081967367 ELECTRIC BILLS

ELECTRIC BILLS
227-8272-2105 43.18
700082038301 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 76.64

ELECTRIC BILLS
227-8262-2105 81.48
700082208958 ELECTRIC BILLS

ELECTRIC BILLS
227-8288-2105 29.82
700112069093 ELECTRIC BILLS

ELECTRIC BILLS
227-8297-2105 17.76

ELECTRIC BILLS
227-8288-2105 249.61
700141243966 ELECTRIC BILLS
Page: 61

21.A

08/08/2024
Voucher List
City of Hemet
62 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212814 8/8/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued)

ELECTRIC BILLS
221-4200-2105 164.03
700161068140 ELECTRIC BILLS

ELECTRIC BILLS
228-8279-2105 32.24
700168054362 ELECTRIC BILLS

ELECTRIC BILLS
227-8292-2105 353.48
700234915553 ELECTRIC BILLS

ELECTRIC BILLS
227-8263-2105 90.64
700239287122 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 50.46
700241340084 ELECTRIC BILLS

ELECTRIC BILLS
227-8294-2105 17.63
700243116497 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 17.49
700245471375 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 59.31
700251809620 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 76.37
700314933984 ELECTRIC BILLS

ELECTRIC BILLS
227-8279-2105 44.29
700322542222 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 17.49
700368568621 ELECTRIC BILLS

ELECTRIC BILLS
227-8261-2105 72.60
Page: 62

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08/08/2024
Voucher List
City of Hemet
63 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212814 8/8/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 700375275765 ELECTRIC BILLS

ELECTRIC BILLS
227-8288-2105 22.26
700375530995 ELECTRIC BILLS

ELECTRIC BILLS
227-8288-2105 19.46
700376666505 ELECTRIC BILLS

ELECTRIC BILLS
227-8288-2105 22.54
700380775968 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 19.74
700454261148 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 27.88
700460217857 ELECTRIC BILLS

ELECTRIC BILLS
227-8301-2105 256.40
700480335455 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 13.26
700488851449 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 101.88
700500208634 ELECTRIC BILLS

ELECTRIC BILLS
227-8260-2105 86.45
700512061428 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 109.83
700520877112 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 85.85
700522798520 ELECTRIC BILLS

ELECTRIC BILLS
Page: 63

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City of Hemet
64 12:04:24PM
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Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212814 8/8/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 225-8250-2105 25.47
700528559108 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 114.81
700541612476 ELECTRIC BILLS

ELECTRIC BILLS
227-8283-2105 41.89

ELECTRIC BILLS
228-8283-2105 15.83

ELECTRIC BILLS
225-8250-2105 65.59

ELECTRIC BILLS
221-4200-2105 101.15
700546502690 ELECTRIC BILLS

ELECTRIC BILLS
571-9000-2105 42,819.02
700551514358 ELECTRIC BILLS

ELECTRIC BILLS
685-4560-2105 1,045.66
700573411908 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 18.39
700575556618 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 16.94
700575572782 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 303.97
700575637955 ELECTRIC BILLS

ELECTRIC BILLS
685-4560-2105 54,761.20

ELECTRIC BILLS
225-8250-2105 178.88

ELECTRIC BILLS
221-4200-2105 61.58
Page: 64

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City of Hemet
65 12:04:24PM
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Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212814 8/8/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 700591592435 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 89.85
700617412623 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 17.34
700624614467 ELECTRIC BILLS

ELECTRIC BILLS
227-8282-2105 17.49
700691090991 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 81.74
700691091395 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 58.90
700691168591 ELECTRIC BILLS

ELECTRIC BILLS
685-4560-2105 5,004.99
700703334920 ELECTRIC BILLS

ELECTRIC BILLS
228-8287-2105 21.96
700714804966 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 56.16
700714805067 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 78.11
700761437112 ELECTRIC BILLS

ELECTRIC BILLS
227-8287-2105 61.83
700819551832 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 63.98
700889018279 ELECTRIC BILLS

ELECTRIC BILLS
Page: 65

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Voucher List
City of Hemet
66 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212814 8/8/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 225-8250-2105 22.34
700897938744 ELECTRIC BILLS

ELECTRIC BILLS
228-8288-2105 95.87
Total : 129,331.74
212815 8/8/2024 59150 SOUTHERN CALIFORNIA GAS CO 040-268-1638-1 MONTHLY GAS BILLS

MONTHLY GAS BILLS
221-4200-2623 183.01

MONTHLY GAS BILLS
254-4600-2623 52.79

MONTHLY GAS BILLS
254-4650-2623 52.79

MONTHLY GAS BILLS
571-9000-2623 52.79

MONTHLY GAS BILLS
684-4550-2623 10.57
Total : 351.95
212816 8/8/2024 59150 SOUTHERN CALIFORNIA GAS CO 05552545005 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 23.58
16839831845 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 83.50
19422505008 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 135.04
Total : 242.12
212817 8/8/2024 98189 SPARKLETTS 22702263 072424 DRINKING WATER 2025-000045 WATER DELIVERY
110-3000-2250 223.78
22863333 080324 DRINKING WATER
2025-000045 WATER DELIVERY
Page: 66

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City of Hemet
67 12:04:24PM
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Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212817 8/8/2024 98189 SPARKLETTS (Continued)
120-4102-2250 55.94
Total : 279.72
212818 8/8/2024 60005 STANDARD INSURANCE OF OREGON Ben531287 LIFE INSURANCE GENERAL: PAYMENT LIFE INSURANCE GENERAL: Payment
750-2145 616.00
LIFE INSURANCE MGMT: Payment
750-2145 776.00
LIFE INSURANCE AT WILL: Payment
750-2145 321.28
LIFE INSURANCE POLICE: Payment
750-2145 812.00
LIFE INSURANCE FIRE: Payment
750-2145 864.00
LIFE INSURANCE HNSPEA: Payment
750-2145 248.00
Total : 3,637.28
212819 8/8/2024 76654 STAPLES ADVANTAGE 6007105778 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS 2025-000046 OFFICE SUPPLIES
685-5676-5300 748.91
6007105779 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2025-000046 OFFICE SUPPLIES
254-4650-2254 12.14
2025-000046 OFFICE SUPPLIES
571-9000-2254 19.21
2025-000046 OFFICE SUPPLIES
254-4600-2254 12.14
6007105785 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2025-000046 OFFICE SUPPLIES
100-1200-2250 53.25
6007761649 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2025-000046 OFFICE SUPPLIES
686-4150-2250 1,645.72
6007761650 OFFICE SUPPLIES
Page: 67

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City of Hemet
68 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212819 8/8/2024 76654 STAPLES ADVANTAGE (Continued)

OFFICE SUPPLIES
110-3007-2250 -13.46
6007761651 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2025-000046 OFFICE SUPPLIES
110-2500-2460 888.88
6007761652 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2025-000046 OFFICE SUPPLIES
110-3007-2250 83.63
6008587354 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2025-000046 OFFICE SUPPLIES
160-6100-2250 214.26
6008587356 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2025-000046 OFFICE SUPPLIES
100-1400-2250 56.87
6008587358 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2025-000046 OFFICE SUPPLIES
100-1400-2250 49.47
6008587359 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2025-000046 OFFICE SUPPLIES
110-3007-2250 386.28
Total : 4,157.30
212820 8/8/2024 93271 SUAREZ, FRANCISCO 83440 REFUND CLOSED UTILITY ACCT

REFUND CLOSED UTILITY ACCT
571-0835 704.82
Total : 704.82
212821 8/8/2024 30355 SUPERIOR REDI MIX 439017 READY MIX CONCRETE, CLASS II BASE AND SA 2025-000149 READY MIX CONCRETE, CLASS II BASE AND
221-4200-2450 700.09
Total : 700.09
212822 8/8/2024 95787 TALLEY METAL SUPPLY 91856 METAL FABRICATION SUPPLY 2025-000150 METAL FABRICATION SUPPLY
221-4200-2450 22.44
Page: 68

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Voucher List
City of Hemet
69 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212822 8/8/2024 95787 TALLEY METAL SUPPLY (Continued)
91985 METAL FABRICATION SUPPLY
2025-000150 METAL FABRICATION SUPPLY
571-9000-2450 23.45
Total : 45.89
212823 8/8/2024 71611 TAVARES, JOSE AUG 2024 PAYMENT IN LIEU OF MEDICAL INS

PAYMENT IN LIEU OF MEDICAL INS
689-2150-2400 176.00
Total : 176.00
212824 8/8/2024 99268 THOMAS, WILLIAM / FLORECE 4752 REFUND - CLOSED UTILITY ACCT

REFUND - CLOSED UTILITY ACCT
571-0835 14.23
Total : 14.23
212825 8/8/2024 79158 THOMSON REUTERS 850590643 CLEAR PROFLEX SOFTWARE 2025-000203 (1) SERVICE MATERIAL # 41308780 CLEAR
110-3013-2400 311.90
Total : 311.90
212826 8/8/2024 99274 TICAS, KRISTIAN REQ 072924 REIMB EXPENSE, WRISTBANDS

REIMB EXPENSE, WRISTBANDS
266-1205-2250 513.00
Total : 513.00
212827 8/8/2024 98972 TIER 1 INVESTIGATIONS LLC 1087 PD BACKGROUND INVESTIGATIONS - TIER 1 2025-000204 BACKGROUND INVESTIGATIONS
110-3000-2710 1,565.00
1088 PD BACKGROUND INVESTIGATIONS - TIER 1
2025-000204 BACKGROUND INVESTIGATIONS
110-3000-2710 1,565.00
Total : 3,130.00
212828 8/8/2024 99269 TIWARI MD, RATAN 156194 REFUND - CLOSED UTILITY ACCT

REFUND - CLOSED UTILITY ACCT
571-0835 95.41
Page: 69

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Voucher List
City of Hemet
70 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212828 8/8/2024 99269 99269 TIWARI MD, RATAN (Continued) Total : 95.41 212829 8/8/2024 79374 TURF STAR INC INV033798 PARTS/SUPPLIES

PARTS/SUPPLIES
684-4550-2350 802.59
Total : 802.59
212830 8/8/2024 88518 TYLER TECHNOLOGIES INC 045-477715 EERP 2025-000173 Year 1 of 10 Recurring Fees
100-1400-2265 79,895.47
2025-000173 Year 1 of 10 Recurring Fees
100-1801-2265 66,477.00
2025-000173 Year 1 of 10 Recurring Fees
254-4600-2265 39,904.85
2025-000173 Year 1 of 10 Recurring Fees
254-4650-2265 39,904.85
2025-000173 Year 1 of 10 Recurring Fees
571-9000-2265 39,904.83
Total : 266,087.00
212831 8/8/2024 90537 U K G KRONOS SYSTEMS LLC 12279143 TELESTAFF SUPPORT SERVICES

TELESTAFF SUPPORT SERVICES
110-3200-2400 31.04
Total : 31.04
212832 8/8/2024 80956 U S BANK VOYAGER FLEET SYS 869123901 FUEL FUEL
110-3000-2623 1,253.12
FUEL
221-4200-2623 576.62
FUEL
571-9000-2623 272.09
FUEL
110-3200-2623 686.05
Total : 2,787.88
Page: 70

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Voucher List
City of Hemet
71 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212833 8/8/2024 78838 ULINE 178720599 COURIER SUPPLIES

COURIER SUPPLIES
110-3241-2450 483.92
Total : 483.92
212834 8/8/2024 63783 UNDERGROUND SERVICE ALERT 24-250222 DIG ALERT SERVICES 2025-000047 DIG ALERT NOTIFICATION SERVICES
571-9000-2710 213.00
720240317 DIG ALERT SERVICES
2025-000047 DIG ALERT NOTIFICATION SERVICES
571-9000-2710 183.90
2025-000047 DIG ALERT NOTIFICATION SERVICES
254-4600-2710 179.45
2025-000047 DIG ALERT NOTIFICATION SERVICES
225-8250-2710 182.45
2025-000047 DIG ALERT NOTIFICATION SERVICES
227-8250-2710 182.00
Total : 940.80
212836 8/8/2024 91112 UNIFIRST CORP 2200156353 UNIFORM CLEANING SERVICES 2025-000048 UNIFORM CLEANING SVC
110-4250-2700 19.15
2200156361 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
228-8265-2700 20.76
2200158762 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
110-3003-2700 135.80
2200158770 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
571-9000-2700 110.14
2200158771 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
110-4250-2700 19.15
2200158773 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
Page: 71

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Voucher List
City of Hemet
72 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212836 8/8/2024 91112 UNIFIRST CORP (Continued)
221-4200-2700 39.91
2200158774 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2700 37.35
2200158775 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
684-4550-2700 44.46
2200158776 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
684-4550-2700 42.52
2200158777 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
110-4250-2700 13.55
2025-000048 UNIFORM CLEANING SVC
225-8250-2700 13.55
2025-000048 UNIFORM CLEANING SVC
228-8250-2700 13.55
2200158778 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
254-4650-2700 44.88
2200158779 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 92.25
2200158780 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
254-4600-2700 26.85
2200158781 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
228-8265-2700 20.76
2200158782 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 27.96
2200158783 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 26.92
Page: 72

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Voucher List
City of Hemet
73 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212836 8/8/2024 91112 UNIFIRST CORP (Continued)
2200158784 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 19.61
2200158785 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 9.46
2200158786 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 10.95
2200158787 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 17.84
2200158788 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 32.46
2200158789 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 8.87
2200158790 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
685-4560-2400 7.38
2200161645 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
110-3003-2700 135.80
2200161653 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
571-9000-2700 106.98
2200161654 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
110-4250-2700 19.15
2200161656 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
221-4200-2700 39.91
2200161658 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
Page: 73

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Voucher List
City of Hemet
74 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212836 8/8/2024 91112 UNIFIRST CORP (Continued)
684-4550-2700 44.46
2200161660 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
225-8250-2700 13.55
2025-000048 UNIFORM CLEANING SVC
228-8250-2710 13.55
2025-000048 UNIFORM CLEANING SVC
110-4250-2700 13.55
2200161661 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
254-4650-2700 44.88
2200161663 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
228-8265-2700 20.76
2200163893 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
110-4250-2700 19.15
2200163896 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
684-4550-2700 44.46
2200163897 UNIFORM CLEANING SERVICES
2025-000048 UNIFORM CLEANING SVC
684-4550-2700 45.89
Total : 1,418.17
212837 8/8/2024 98492 USABLUEBOOK INV00425793 WATER DEPT SUPPLIES & EQUIPMENT 2025-000033 WATER DEPT SUPPLIES & EQUIPMENT
571-9000-2450 50.03
INV00435720 WATER DEPT SUPPLIES & EQUIPMENT
2025-000033 WATER DEPT SUPPLIES & EQUIPMENT
571-9000-2450 736.70
Total : 786.73
212838 8/8/2024 99115 VANCE CORPORATION 157327 REFUND - CLOSED UTILITY ACCT

REFUND - CLOSED UTILITY ACCT
Page: 74

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Voucher List
City of Hemet
75 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212838 8/8/2024 99115 VANCE CORPORATION (Continued)
571-0835 1,376.56
Total : 1,376.56
212839 8/8/2024 70240 VERIZON BUSINESS 09593002 FIRE ADMIN & FS2 FAX-LONG DISTANCE FIRE ADMIN & FS2 FAX-LONG DISTANCE
680-1935-2200 54.58
Total : 54.58
212840 8/8/2024 97290 VERIZON CONNECT NWF INC 612000063314 GPS SERVICES 2025-000206 GPS Subscription Services~
110-3013-2400 1,800.25
Total : 1,800.25
212841 8/8/2024 80404 VERIZON WIRELESS 771855254-02 CELL PHONES/AIR CARDS

CELL PHONES/AIR CARDS
100-1200-2200 220.54

CELL PHONES/AIR CARDS
100-1300-2200 81.54

CELL PHONES/AIR CARDS
100-1400-2200 81.54

CELL PHONES/AIR CARDS
100-1402-2200 41.53

CELL PHONES/AIR CARDS
100-1801-2200 164.06

CELL PHONES/AIR CARDS
110-3225-2200 214.02

CELL PHONES/AIR CARDS
110-3241-2200 1,564.04

CELL PHONES/AIR CARDS
110-3243-2450 41.53

CELL PHONES/AIR CARDS
110-6100-2200 128.96

CELL PHONES/AIR CARDS
120-1700-2200 97.47

CELL PHONES/AIR CARDS
Page: 75

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Voucher List
City of Hemet
76 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212841 8/8/2024 80404 VERIZON WIRELESS (Continued)
120-1702-2200 41.53

CELL PHONES/AIR CARDS
120-1925-2200 41.53

CELL PHONES/AIR CARDS
120-3350-2200 361.32

CELL PHONES/AIR CARDS
120-4100-2200 50.94

CELL PHONES/AIR CARDS
120-4125-2200 83.06

CELL PHONES/AIR CARDS
120-3300-2200 123.07

CELL PHONES/AIR CARDS
221-4200-2200 1,012.07

CELL PHONES/AIR CARDS
225-8250-2200 72.89

CELL PHONES/AIR CARDS
228-8250-2200 72.89

CELL PHONES/AIR CARDS
110-4250-2200 62.48

CELL PHONES/AIR CARDS
228-8265-2200 92.47

CELL PHONES/AIR CARDS
240-1202-2200 41.53

CELL PHONES/AIR CARDS
254-4600-2200 29.94

CELL PHONES/AIR CARDS
254-4650-2200 970.54

CELL PHONES/AIR CARDS
571-9000-2200 1,022.21

CELL PHONES/AIR CARDS
680-1930-2200 46.53

CELL PHONES/AIR CARDS
680-1934-2200 80.03

CELL PHONES/AIR CARDS
Page: 76

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08/08/2024
Voucher List
City of Hemet
77 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212841 8/8/2024 80404 VERIZON WIRELESS (Continued)
680-1935-2200 534.70

CELL PHONES/AIR CARDS
684-4550-2200 41.53

CELL PHONES/AIR CARDS
685-4560-2200 249.18

CELL PHONES/AIR CARDS
221-4200-2200 89.51

CELL PHONES/AIR CARDS
571-9000-2200 44.75

CELL PHONES/AIR CARDS
254-4600-2200 26.85

CELL PHONES/AIR CARDS
684-4550-2200 8.95

CELL PHONES/AIR CARDS
685-4560-2200 8.95
Total : 7,844.68
212842 8/8/2024 89778 WATERLINE TECHNOLOGIES INC 5696315 SODIUM HYPOCHLORITE 2025-000063 BLANKET PO FOR SODIUM HYPOCHLORITE
571-9000-2450 641.63
5696316 SODIUM HYPOCHLORITE
2025-000063 BLANKET PO FOR SODIUM HYPOCHLORITE
571-9000-2450 352.89
5697929 SODIUM HYPOCHLORITE
2025-000063 BLANKET PO FOR SODIUM HYPOCHLORITE
571-9000-2450 641.63
5697930 SODIUM HYPOCHLORITE
2025-000063 BLANKET PO FOR SODIUM HYPOCHLORITE
571-9000-2450 481.22
5699395 SODIUM HYPOCHLORITE
2025-000063 BLANKET PO FOR SODIUM HYPOCHLORITE
571-9000-2450 481.22
5699399 SODIUM HYPOCHLORITE
2025-000063 BLANKET PO FOR SODIUM HYPOCHLORITE
571-9000-2450 641.63
Page: 77

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Voucher List
City of Hemet
78 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212842 8/8/2024 89778 89778 WATERLINE TECHNOLOGIES INC (Continued) Total : 3,240.22 212843 8/8/2024 97322 WEBB'S K-9 TRAINING 0000614 PD K9 TRAINING SERVICES 2025-000101 K9 TRAINING SERVICES
110-3003-2710 500.00
Total : 500.00
212844 8/8/2024 95185 WEST COAST CABLE INC 36540 NETWORK CABLING- SUB STATION 2024-000743 PROVIDE LABOR AND MATERIAL PER QUOTE #
236-3126-2450 14,677.00
Total : 14,677.00
212845 8/8/2024 78103 WHITE HOUSE SANITATION 0003224699 PORTABLE SANITATION SERVICE

PORTABLE SANITATION SERVICE
228-8265-2400 102.99
Total : 102.99
212846 8/8/2024 98165 WILLDAN ENGINEERING 002-32055 WILLDAN PLAN CHK SVCS

WILLDAN PLAN CHK SVCS
120-3300-2610 87,297.23
004-20313 CIP 5696 HEMET VALLEY BIKEWAY
2023-000691 CO#1 - revised account # from
265-5696-5500 141.35
Total : 87,438.58
212847 8/8/2024 99270 WILLIAMS, RENEE 138774 REFUND - CLOSED UTILITY ACCT

REFUND - CLOSED UTILITY ACCT
571-0835 94.60
Total : 94.60
212848 8/8/2024 67735 WISEHART, DUANE A AUG 2024 PYMT IN LIEU OF MEDICAL INSURANCE

PYMT IN LIEU OF MEDICAL INSURANCE
689-2150-2400 1,028.00
Total : 1,028.00
212849 8/8/2024 97861 YUNEX LLC 5610002136 EXTRAORDINARY WORK/POLE KNOCKDOWN 2025-000034 EXTRAORDINARY WORK/POLE~
Page: 78

21.A

08/08/2024
Voucher List
City of Hemet
79 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212849 8/8/2024 97861 YUNEX LLC (Continued)
225-8250-2450 2,676.00
5610002137 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 2,106.00
5610002395 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 1,650.00
5610002396 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 5,190.00
5610002397 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 5,190.00
5610002398 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 5,190.00
5610002399 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
227-8289-2450 5,190.00
5610002400 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
221-4200-2400 5,190.00
5610002401 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 7,920.00
5610002402 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 5,190.00
5610002526 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 2,998.00
5610002527 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 2,552.00
5610002528 EXTRAORDINARY WORK/POLE KNOCKDOWN
Page: 79

21.A

08/08/2024
Voucher List
City of Hemet
80 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 212849 8/8/2024 97861 YUNEX LLC (Continued)
2025-000034 EXTRAORDINARY WORK/POLE~
221-4200-2400 1,280.00
5610002563 EXTRAORDINARY WORK/POLE KNOCKDOWN
2025-000034 EXTRAORDINARY WORK/POLE~
225-8250-2450 410.00
Total : 52,732.00
212850 8/8/2024 92326 ZOLL MEDICAL CORP 4011866 REUSABLE SENSOR & CABLE 2025-000155 Riverside County Contract Pricing
110-3241-2450 2,830.75
Riverside County Sales Tax 02
110-3241-2450 247.69
4013744 REUSABLE SENSOR & CABLE
2025-000155 Replacement precordial 6 lead Cable -
110-3241-2450 123.95
Riverside County Sales Tax 02
110-3241-2450 10.85
Total : 3,213.24
235 Vouchers for bank code : 001 Bank total : 2,312,766.90 235 Vouchers in this report Total vouchers : 2,312,766.90 Page: 80

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08/08/2024
Voucher List
City of Hemet
81 12:04:24PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount I, Tiffany Barnett, Acting Administrative Services Director, do hereby certify under penalty of perjury, that the
materials have been furnished, the services rendered,
or the labor performed as described herein, and that the claim is a just, due and unpaid obligation against the
City of Hemet, and that I am authorized to authenticate and certify to said claim.

Page: 81

21.A

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Approval of the City Council Regular Meeting Minutes of August 13, 2024 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve the City Council Regular Meeting Minutes of August 13, 2024.

STRATEGIC PLAN INTEGRATION:

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

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

Objective 2: Increase transparency for the public.

ATTACHMENT(S):

City Council Meeting - Aug 13 2024 - Minutes

22.A

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, August 13, 2024

1. CLOSED SESSION – 5:00 P.M.

2. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 5:01 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

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

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

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier
*City Clerk Maier announced that Council Member Kendrick requested to participate remotely under provisions of AB 2449, due to an illness. MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 4-0, to approve Council Member Kendrick’s request to participate remotely under the provisions of AB 2449.

4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Males asked for Public Comments; no one spoke.

Council recessed into Closed Session at 5:04p.m.

22.A

City Council Meeting
August 13, 2024

5. DISCUSSION ITEMS

5.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (4)

5.B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Significant Exposure to Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9
Number of Cases (1)

5.C CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Mark Prestwich, City Manager Employee Organization: HMMA, HFFA, HPMA, HPOA, HNSPEA, SEIU, and Unrepresented Employees

5.D CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: City Attorney
Employee: Unrepresented Employee (City Manager)

6. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 7:00 p.m.

7. REGULAR MEETING - 7:00 P.M.

8. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:02 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

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

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

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier
*Council Member Kendrick requested to participate remotely and City Clerk Maier announced her request to the City Council. City Clerk Maier noted that Council Member Kendrick was ill

22.A

City Council Meeting
August 13, 2024
and participating remotely under the provisions of AB 2449. City Clerk Maier asked Council Member Kendrick to disclose if anyone else was in the room over the age of 18. Council Member Kendrick stated no one was in the room.

10. INVOCATION
Invocations were given by Pastors Bob Beckett and Luis Herregon.

11. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Peterson.

12. CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Graham stated Settlement Direction was provided by the City Council for Item

5.A, by consensus at the 5:00 p.m. Closed Session.

12.A City Attorney’s Report regarding Closed Session

13. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for Public Comments, the following citizen spoke: Ben Smith, Larry Tucker, Ann Smith, Javier Lopez, Lynn Throckmorton, Stephanie Roberts, Miguel Avila, Philip Ramirez, Annjeanette Durocher, Mandi Diaz, Virginia Duerez, Anthony Noriega, Jimmy Lopez, Juan Mereles, Roy Fales (yielded time 15 minutes for comments), and Becki Grass.

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

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

14. PRESENTATIONS
Mayor Pro Tem Peterson noted that the National Back-to-School Month would be sent to Hemet High School.

14.A Proclamation for National Back-to-School Month
Mayor Pro Tem Peterson presented the Proclamation for National Preparedness Month to Deputy Chief Ryan Webb.

14.B Proclamation for National Preparedness Month
Council Member Lilienthal presented the Proclamation for Suicide Prevention Month to Scott Crosby.

14.C Proclamation for Suicide Prevention Month
Council Member Krupa presented the Proclamation for Library Sign-Up Month to Library Manager Kathye Caines.

14.D Proclamation for Library Sign-Up Month

22.A

City Council Meeting
August 13, 2024
Mayor Males presented the Proclamation for CDBG 50th Anniversary to Javier Lopez from Valley Restart Shelter, Kim Rodriguez from My City Youth, Jim Lineberger from Community Pantry, and Brianna Miller from Voices for Children.

14.E Proclamation for CDBG 50th Anniversary
Chief Arellano presented a PowerPoint Presentation on Police Department Year To Date Crime Statistics Update.

14.F Police Department Year To Date Crime Statistics Update

15. PUBLIC HEARINGS

15.A A Resolution of the City Council of the City of Hemet, California, Approving the Fiscal Year 2024-2025 through Fiscal Year 2028-2029 Capital Improvement Program (CIP) for the City of Hemet and Authorize the Administrative Services Director to Establish Total Project Appropriations per the CIP for New Requests Only
Action:

Mayor Males opened the Public Hearing.

Mayor Males called for public comments. The following citizens spoke:

Matt McPherson expressed gratitude to the City Manager and staff for the collaboration for Chalktober; expressed concerns with the use of tax dollars being spent on the Front Street Dumpsters, highlighting that a property owner uses the dumpsters by dumping construction debris; and noted that the Front Street enclosures are unlocked, leaving it available for homeless persons to access those areas.

Ann Smith highlighted that an entire area of streets has been paved, with the exception of Cordova Street, noting that it is a very dangerous road, and inquired about the prioritization of CIP projects and the process for what is selected.

In response to the public comments, Council Member Lilienthal requested staff to explain the process for prioritizing CIP projects. In response to Council Member Lilienthal’s inquiry, Public Works Director/City Engineer Noah Rau explained that there are several types of projects, highlighting that staff evaluates different criteria, including affordability and evaluating sewers and streets that are in the worst condition. Director Rau also noted that projects are evaluated by software and other projects are added throughout the year, depending on community needs and City Council requests.

Mayor Males closed the Public Hearing.

22.A

City Council Meeting
August 13, 2024

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

1. Hold a Public Hearing and take testimony, if any; and

2. Adopt a Resolution 2024-137 of the City Council of the City of Hemet, California, Approving the Fiscal Year 2024-2025 through Fiscal Year 2028-2029 Capital Improvement Program (CIP) for the City of Hemet; and

3. Authorize the Administrative Services Director to establish total project appropriations per the CIP for new requests only.

15.B Second Reading and Adoption of an Ordinance 2043 of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code, including Article XXVI Commercial Zones and Article XXX Manufacturing Zones to discontinue the allowance of new car wash full or self-service in any commercial or manufacturing zoning district Action:

Mayor Males opened the Public Hearing.

Mayor Males asked for public comment, no one spoke.

Mayor Males closed the Public Hearing.

MOTION BY COUNCIL KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to waive further reading and adopt an Ordinance 2043 of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code, including Article XXVI Commercial Zones and Article XXX Manufacturing Zones to discontinue the allowance of new car wash full or self-service in any commercial or manufacturing zoning district.

City Attorney Graham noted for the record that the Second Reading Report for Ordinance 2043 was noticed in the Press Enterprise as a Public Hearing, adding that generally a Zoning Amendment is noticed at the introduction of the Ordinance but may be noticed at a second reading.

16. RECEIVE AND FILE

16.A The City of Hemet Warrant Registers Dated June 13, 2024, for $1,272,356.52, June 27, 2024, in the amount of $2,477,775.80, and July 11, 2024, in the amount of $1,307,862.40. The Payroll Periods of May 27, 2024 – June 9, 2024, in the amount of $865,555.56, June 10, 2024 – June 23, 2024, in the amount of $921,253.97, and June 24, 2024 -July 7, 2024, in the amount of $967,503.39 Action:

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

22.A

City Council Meeting
August 13, 2024
Council Member Kendrick expressed concerns with sending Wildan consultants to conferences, highlighting that City funds should not be spent on consultants for conferences.

In response to Council Member Kendrick’s concerns, City Manager Prestwich noted that City staff would contact Wildan, requesting a refund or credit for any expenses incurred related to conferences.

16.B City of Hemet Budget Adjustments Dated June 30, 2024 Action:

By consensus, the City Council received and filed the City of Hemet Budget Adjustments dated June 30, 2024.

17. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to approve the Consent Calendar, with the removal of Items 17.E and 17.I for separate consideration.

17.A Approval of the City Council Regular Meeting Minutes of July 9, 2024 Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to approve the City Council Regular Meeting Minutes of July 9, 2024.

17.B Biennial Conflict of Interest Code Review Notice
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to receive the 2024 Local Agency Biennial Notice of the Political Reform Act requirement and provide direction to review the Conflict of Interest Code.

17.C Quarter Four Update on Progress of Fiscal Year 2023-24 Strategic Plan Action Item Tasks
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to receive and file the Quarter Four Update on progress associated with City Council Fiscal Year 2023-24 Strategic Plan Action Item tasks.

17.D Investment Reports for June 2023 (Revised), November 2023, December 2023, January 2024, February 2024, and March 2024
Action:

22.A

City Council Meeting
August 13, 2024

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to receive and file the Investment Reports for June 2023 (Revised), November 2023, December 2023, January 2024, February 2024, and March 2024.

17.E Fiscal Year 2023 Assistance to Firefighters Grant Program - Cancer Screening Project
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-153 of the City Council of the City Of Hemet, California, Authorizing Acceptance Of Grant Funding From a Federal Emergency Management Agency In The Amount Of $39,518.86, Approving The Use Of Measure U Funds In The Amount Of $3,951.89 For The Required Match; And Authorizing The City Manager, Or Designee, To Execute Any Necessary Documents To Meet The Grant Requirements.

17.F A Resolution of the City Council of the City of Hemet, California, Awarding a Professional Services Agreement in the Amount of $529,180 to J. Smith & T.

Muli, Inc. for the Design of the West Hemet Master Drainage Plan Line C, Stage 3 Storm Drain Facility and Authorize the City Manager to Execute the Agreement in the Final Form and Format as Approved by the City Attorney Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-138 of the City Council of the City of Hemet, California, Awarding a Professional Services Agreement to J. Smith & T. Muli, Inc. for the Design of the West Hemet Master Drainage Plan Line C, Stage 3 Storm Drain Facility and Authorize the City Manager to Execute the Agreement in the Final Form and Format as Approved by the City Attorney.

17.G A Resolution of the City Council of the City of Hemet, California, Approving Final Map 38808, Located West of Warren Road and South of Walden Weaver Road
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-139 of the City Council of the City of Hemet, California, Approving Final Map 38808, Located West of Warren Road and South of Walden Weaver Road.

17.H A Resolution of the City Council of the City of Hemet, California, Consenting to the Assignment of the City's Investment Portfolio Advisory Firm, Public Trust Advisors, LLC, Definitive Transaction Agreement to Combine the Businesses of Public Trust Advisors, LLC and PMA Asset Management, LLC and Authorize the City Manager or Their Designee to Execute Any Documents Related to the Consent

22.A

City Council Meeting
August 13, 2024
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-140 of the City Council of the City of Hemet, California, Consenting to the Assignment of the City's Investment Portfolio Advisory Firm, Public Trust Advisors, LLC, Definitive Transaction Agreement to Combine the Businesses of Public Trust Advisors, LLC and PMA Asset Management, LLC and Authorize the City Manager or Their Designee to Execute Any Documents Related to the Consent.

17.I A Resolution of the City Council of the City of Hemet, California, Approving a Professional Services Agreement Between the City of Hemet and the County of Riverside's Riverside University Health System (RUHS) for the Safe Routes For All Program to Satisfy the Alternative Transportation Program (ATP) Grant Requirements for the Hemet Valley Bikeway Non-Infrastructure Project and Authorizing the City Manager to Sign all Documents Related to the Agreement in the Final Form Approved by the City Attorney
Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2024-141 of the City Council of the City of Hemet, California, Approving a Professional Services Agreement Between the City of Hemet and the County of Riverside's Riverside University Health System (RUHS) for the Safe Routes For All Program to Satisfy the Alternative Transportation Program (ATP) Grant Requirements for the Hemet Valley Bikeway Non-Infrastructure Project and Authorizing the City Manager to Sign all Documents Related to the Agreement in the Final Form Approved by the City Attorney, as amended to adding language to the staff report, revising “the South East Corner” of Chambers to “the South West Corner” of Chambers Street.

17.J A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the Special Terms and Conditions Agreement with the United States Department of Energy for the Energy Efficiency and Conservation Block Grant Program and Accept the Equipment Voucher Rebate in the amount of $141,750, for the Purchase and Installation of LED Lighting and a New Heating, Ventilation, and Air Conditioning (HVAC) Unit for the Simpson Center and Authorizing the Administrative Services Director to Establish Appropriations of $141,750 in Fund 266 Miscellaneous Grants Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-142 of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the Special Terms and Conditions Agreement with the United States Department of Energy for the Energy Efficiency and Conservation Block Grant Program and Accept the Equipment Voucher Rebate in the amount of $141,750, the Purchase and Installation of LED Lighting and a New Heating, Ventilation, and Air Conditioning (HVAC) Unit for the Simpson Center and Authorizing the Administrative Services Director to Establish Appropriations of $141,750 in Fund 266 Miscellaneous Grants.

22.A

City Council Meeting
August 13, 2024

17.K A Resolution of the City Council of the City of Hemet, California, Awarding a Purchase Order in the Amount of $89,920.90 to Quinn Caterpillar for the Purchase of a Caterpillar Model 262D3-CL Skid Steer Loader and Authorizing the City Manager to Execute the Purchase Order in Support of the Award Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-143 of the City Council of the City of Hemet, California, Awarding a Purchase Order in the Amount of $89,920.90 to Quinn Caterpillar for the Purchase of a Caterpillar Model 262D3-CL Skid Steer Loader and Authorizing the City Manager to Execute the Purchase Order in Support of the Award.

17.L A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of One New Caterpillar Model 914 Wheel Loader in the Amount of $202,013.30, from Quinn Caterpillar Utilizing Sourcewell Contract # 032119- CAT and Authorizing the City Manager to Execute a Purchase Order in Support of the Award and Declaring Equipment #4204 Surplus to be Sold at Auction
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-144 of the City Council of the City of Hemet, California, Awarding the Purchase of One New Caterpillar Model 914 Wheel Loader in the Amount of $202,013.30 from Quinn Caterpillar Utilizing Sourcewell Contract # 032119- CAT, authorizing the City Manager to Execute a Purchase Order in Support of the Award, and Declaring Equipment #4204 Surplus to be Sold at Auction.

17.M A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of One New 2024 Vermeer SC802 Stump Cutter in the Amount of $82,657.60 to RDO Equipment Co. Utilizing Sourcewell Contract #031721- VRM and Authorizing the City Manager to Execute a Purchase Order in Support of the Award and Declaring Equipment #8269 Surplus to be Sold at Auction
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-145 of the City Council of the City of Hemet, California, Awarding the Purchase of One New 2024 Vermeer SC802 Stump Cutter in the Amount of $82,657.60 to RDO Equipment Co. Utilizing Sourcewell Contract #031721-VRM and Authorizing the City Manager to Execute a Purchase Order in Support of the Award and Declaring Equipment #8269 Surplus to be Sold at Auction.

22.A

City Council Meeting
August 13, 2024

17.N A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of a Toro Groundsmaster 4000-D Mower, in the amount of $96,784.39 from Turf Star Western, Utilizing Sourcewell Contract #031121- TTC and Authorizing the City Manager to Execute a Purchase Order in Support of the Award.

Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-146 of the City Council of the City of Hemet, California, Awarding the Purchase of a Toro Groundsmaster 4000-D Mower, in the amount of $96,784.39 from Turf Star Western, Utilizing Sourcewell Contract #031121-TTC and Authorizing the City Manager to Execute a Purchase Order in Support of the Award.

17.O A Resolution of the City Council of the City of Hemet, California, Awarding a Purchase Order in the Amount of $194,857.81 to Quinn Caterpillar for a Caterpillar Model 430 Backhoe Loader and Authorizing the City Manager to Execute the Purchase Order in Support of the Award and Declare Equipment #4251 Surplus to be Sold at Auction
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-147 of the City Council of the City of Hemet, California, Awarding a Purchase Order in the Amount of $194,857.81 to Quinn Caterpillar for a Caterpillar Model 430 Backhoe Loader and Authorizing the City Manager to Execute the Purchase Order in Support of the Award and Declare Equipment #4251 Surplus to be Sold at Auction.

17.P A Resolution of the City Council of the City of Hemet, California, Authorizing the Administrative Services Director to Replace an Existing Appropriation of $79,800 in CIP 5729, Sewer Mainline Replacement Project, from Measure 'A' Fund 222 with Sewer Fund 254 and Return the Measure 'A' Funds to the Holding Account
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-148 of the City Council of the City of Hemet, California, Authorizing the Administrative Services Director to Replace an Existing Appropriation of $79,800 in CIP 5729, Sewer Mainline Replacement Project, from Measure 'A' Fund 222 with Sewer Fund 254 and Return the Measure 'A' Funds to the Holding Account.

22.A

City Council Meeting
August 13, 2024

17.Q A Resolution of the City Council of the City of Hemet, California, Approving the Application for Grant Funds for the Youth Community Access Grant Program Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-149 of the City Council of the City of Hemet, California, Approving the Application for Grant Funds for the Youth Community Access Grant.

17.R A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Add an Additional Position of Payroll/Human Resources Specialist to the Position Listing for FY 2024-25 and Authorize the Administrative Services Director to Establish Supplemental Appropriations of $23,200 Into the Administrative Services Department Payroll Program Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-150 of the City Council of the City of Hemet, California, Authorizing the City Manager to Add an Additional Payroll/Human Resources Specialist position to the Position Listing for FY 2024-25 and Authorizing the Administrative Services Director to Establish Supplemental Appropriations of $23,200 into the Administrative Services Department Payroll Program.

17.S A Resolution Of The City Council Of The City Of Hemet, California, Authorizing The City Manager Or Designee To Execute All Related Documents To The Governor's Office Of Emergency Services (CalOES) For The Fire Management Assistance Grant 5451 For The Fairview Fire
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-151 of the City Council of the City of Hemet, California, authorizing the City Manager or Designee to execute all related documents to the Governor's Office of Emergency Services (CalOES) for the Fire Management Assistance Grant 5451 for the Fairview Fire.

17.T Second Reading and Adoption of an Ordinance 2040 of the City Council of the City of Hemet Amending Section 53-1 of the Hemet Municipal Code to Reinstate the Prohibition on Camping and Storage of Personal Property on Public Property Following the United States Supreme Court's Decision in Johnson v. City of Grants Pass
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to waive second reading and adopt by title only an Ordinance 2040 of the City Council of the City of Hemet Amending Section 53-1 of the Hemet Municipal

22.A

City Council Meeting
August 13, 2024
Code to Reinstate the Prohibition on Camping and Storage of Personal Property on Public Property Following the United States Supreme Court's Decision in Johnson v. City of Grants Pass.

17.U Second Reading and Adoption of an Ordinance 2041 of the City Council of the City of Hemet, adding Article II to Chapter 78 (Traffic and Vehicles) of the Hemet Municipal Code Prohibiting Spectators at Illegal Motor Vehicle Speed Contests, Exhibitions of Speed, and Sideshows
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to waive second reading and adopt an Ordinance 2041 of the City Council of the City of Hemet adding Article II to Chapter 78 (Traffic and Vehicles) of the Hemet Municipal Code Prohibiting Spectators at Illegal Motor Vehicle Speed Contests, Exhibitions of Speed, and Sideshows.

17.V Second Reading and Adoption of an Ordinance 2042 of the City Council of the City of Hemet, California, Amending Section 2-36 of the Hemet Municipal Code Related to the Compensation of City Councilmembers Pursuant to Senate Bill 329
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to waive second reading and adopt an Ordinance 2042 of the City Council of the City of Hemet, California, Amending Section 2-36 of the Hemet Municipal Code Related to the Compensation of City Councilmembers Pursuant to Senate Bill 329.

18. DISCUSSION - ACTION ITEMS

18.A Adopt a Resolution of the City of Hemet, California, Approving Lease Agreements with Vallarta Market and Victory Outreach for the Simpson Center and Empire Arts Academy for the Simpson Senior Center
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-152 of the City of Hemet, California, Approving Lease Agreements with Vallarta Market and Victory Outreach for the Simpson Center and Empire Arts Academy for the Hemet Senior Center, as amended to revise language in the staff report, approving the lease agreement with Victory Outreach from $3,000 to $2,500 for the first six months and $3000 for the next six months.

City Manager Prestwich confirmed that other lease agreements would remain the same price as highlighted in the staff report.

22.A

City Council Meeting
August 13, 2024

18.B Review and Adoption of City of Hemet Economic Strategy Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt the City of Hemet Economic Strategy.

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

CITY MANAGER PRESTWICH
City Manager Prestwich announced that on August 30, 2024, the last of the Movies in the Park at Mary Henley Park will start at 7:00 p.m. The feature film will be Paw Patrol: The Mighty Movie.

20. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 10:00 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on September 10, 2024.

APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
John P. Maier, MMC
Mayor City Clerk

22.A

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Library
Submitted by: Mark Prestwich, City Manager
Kathye Caines, Senior Librarian;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Accepting a Donation of $41,313.64 From the Friends of the Hemet Library for a Shade Structure on the West Patio of the Library, Authorizing the City Manager to Execute All Documents Related to the Contract, and Authorizing the Administrative Services Director to Increase Estimated Revenue and Establish a Supplemental Appropriation in Fund 110
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accepting a Donation of $41,313.64 From the Friends of the Hemet Library for a Shade Structure on the West Patio of the Library, Authorizing the City Manager to Execute All Documents Related to the Contract, and Authorizing the Administrative Services Director to Increase Estimated Revenue and Establish a Supplemental Appropriation in Fund 110.

BACKGROUND:

The west patio is hot and in direct sunlight. The Friends of the Hemet Public Library have offered to fund the addition of a shade structure on the Library's west patio, which would increase the opportunity for use of the patio for events and community use.

ANALYSIS:

Accept the donation of $41,313.64 from the Friends of The Hemet Public Library and accept a contract with vendor, GameTime, using this donation. Approval of the recommended Resolution will authorize the Administrative Services Director to establish a Budget for this improvement.

PREVIOUS COUNCIL ACTION:

22.B

Vendor, GameTime, has previously installed shade structures on the east patio of the Hemet Public Library.

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 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:

There is no impact to the General Fund with acceptance of the donation. The donation from the Friends of the Hemet Public Library funds the entire project.

ALTERNATIVE(S):

If Council chooses not to accept this donation, the patio will remain as is.

ATTACHMENT(S):

Attachment 1: Library Resolution
Attachment 2: Proposal 111687-01 City of Hemet Library Shades Option 4 Attachment 3: Library Shade Structure Agreement
Attachment 4: Certificate of Liability Insurance

22.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 1

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, ACCEPTING A DONATION OF
$41,313.64 FROM THE FRIENDS OF THE HEMET

LIBRARY FOR A SHADE STRUCTURE ON THE WEST

PATIO OF THE LIBRARY, AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL DOCUMENTS RELATED

TO THE CONTRACT, AND AUTHORIZING THE

ADMINISTRATIVE SERVICES DIRECTOR TO INCREASE

ESTIMATED REVENUE AND ESTABLISH A
SUPPLEMENTAL APPROPRIATION IN FUND 110
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the west patio is hot and in direct sunlight. The Library would like to be able to use the patio for events and potentially open the patio for community use. with funds provided by the Friends of the Hemet Public Library.

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

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

SECTION 2. DETERMINES – The City Council accepts the donation of $41,313.64 from the Friends of the Hemet Library for a shade structure on the west patio of the Library.

SECTION 3. ORDERS - The City Council hereby authorizes the City Manager to execute all documents related to the contract, and authorizes the Administrative

22.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
Services Director to increase estimated revenue by $41,313.64 in account 110-0744 (Library Program Donations) and establish supplemental appropriations of $41,313.64 in account 110-6100-5300 (Library Administration – Other Improvements).

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on September 10, 2024.

22.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
PASSED, APPROVED AND ADOPTED this 10th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

22.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of September, 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

22.B

Proposal for
City of Hemet
Prepared by
06-11-2024
Job # 111687-01
City of Hemet Library Shades Option 4
805-320-9007 | www.gwpark.com

22.B

City of Hemet
Attn: Kurt Mikolaycik
445 E Florida Ave
Hemet, CA 92543
Phone: (951) 765-3820
[email protected]
Ship to Zip 92865
Qty Part # Description List $ Selling $ Ext. Selling $
1 QRI025 GT-Shade - GTSD202012IG 20X20X12 SQ HIP W/GLD IG $9,645.00 $9,355.65 $9,355.65 1 3680 GT-Shade - Standard Sealed Engineered Drawings $950.00 $950.00 $950.00 1 RFRD1530-N Superior International - Hip (Shade: 30x15x8) Fabric Replacement $3,078.00 $2,985.66 $2,985.66 1 INSTALL Install - Mobilize Equipment and Materials -
Prevailing Wages
$1,944.00 $1,944.00 $1,944.00
1 INSTALL Install - Installation Only Of 20' X 20' X 12' Fabric Shade Structure. Square Hip Shade.-
Prevailing Wages
$16,516.00 $16,516.00 $16,516.00
1 INSTALL Install - Installation Of Fabric for Existing 30' X 15' ShadePrevailing Wages$1,555.00 $1,555.00 $1,555.00 1 Site plan and
Permit
Permits - Site Plan and Permit $3,000.00 $3,000.00 $3,000.00 1 PPB GameTime - Payment and Performance Bond $625.00 $625.00 $625.00 Contract: OMNIA #2017001134 Sub Total $36,931.31
Estimated Freight $2,956.84
Tax $1,425.49
Total $41,313.64
Comments
Your Sales Rep is Myles Harvey. Please reach out to Myles at 805-320-9007 if you should have any questions regarding this quote.

Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.

Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old.

Shipping to:
2163 N. Glassell St.

Orange, CA 92865
Site Address:
300 E Latham Ave
Hemet, CA 92543
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.

Permitting not included, unless otherwise noted.

OMNIA #4001711
Prevailing wage
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
06/11/2024
Quote #
111687-01-04
City of Hemet Library Shades Option 4

22.B

Remit Payment to:

GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:

All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.

If sales tax exempt, you must provide a copy of certificate to be considered exempt.

Prices:

FOB Factory.

Orders:

All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.

Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.

Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.

Terms:

Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.

Payment via credit card:  If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment.  This fee is shown as a separate line item and included in the total amount charged to your credit card.  You have the option to pay by check, ACH or Wire without any additional fees.

Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:

Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.

Retainage not accepted.

Orders under $5,000 require payment with order.

DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:

ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.

STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.

FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.

UTILITIES: Owner is responsible for locating any private utilities.

ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
06/11/2024
Quote #
111687-01-04
City of Hemet Library Shades Option 4

22.B

ACCEPTANCE OF QUOTATION:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Purchase Amount: $41,313.64 Date: _______________________________ ________________________________________________________________ Signature
Please fill out this ORDER FORM, this is required to process the order.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
06/11/2024
Quote #
111687-01-04
City of Hemet Library Shades Option 4

22.B

Page | 1

MINOR PUBLIC WORKS AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND
PLAYCORE WISCONSIN, INC. DBA GAMETIME

A WISCONSIN CORPORATION

AGREEMENT # 2025-014

22.B

Page | 2

MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND PLAYCORE WISCONSIN, INC. DBA GAMETIME

LIBRARY SHADES
This MINOR PUBLIC WORKS AGREEMENT (“Contract”) is made and entered into this 1st day of August, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Playcore Wisconsin, Inc. dba GameTime, a Wisconsin corporation (“Contractor”). For the purposes of this Contract, City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

B. City desires to engage Contractor for performance of the following public work of improvement Library Shades Project (the "Project” or the “Work").

C. Contractor represents that it is a licensed contractor pursuant to section 7000 et seq. of the Business and Professions Code in the following classification(s) B and C-61/D34 which it shall maintain for the duration of the Contract.

D. Contractor further represents that it has examined and is fully familiar with all of the provisions of the Contract Documents; that it has satisfied itself as to the nature and location of all Work, the general and local conditions to be encountered in the performance of any Work, and all other matters which can in any way affect the Work or the cost thereof.

E. Contractor has submitted a proposal to City, incorporated herein by this reference, to perform all work and furnish the labor, supervision, materials and equipment, and operations necessary and required to complete the Project in strict accordance with the provisions of the Contract Documents, and at the prices stated.

F. The Parties desire to enter into this Contract for the purpose of setting forth the terms and conditions upon which the Contractor shall complete the Project.

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:

22.B

Page | 3
SECTION 1. SCOPE
A. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the Project in accordance with the Contract Documents, which is generally described as follows:

Library Shade Project
Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:

1. Submit any required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than ten (10) working days after the date City issues a Notice to Proceed and before the preconstruction meeting.

2. Submit a list of any permits and licenses the Contractor shall obtain indicating the agency granting the permit, the expected date to submit the application, and the required date for the receipt of the permit.

3. Protect all materials to be used in the Work in accordance with the specifications.

4. Protect existing facilities and personal property.

5. Attend a preconstruction conference with City to discuss schedule, access, sequence of work, and other issues.

6. If requested by City, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit reports to City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, construction crew sizes of general and subcontractors, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.

7. The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment.

8. Coordinate with City-scheduled events.

9. The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work.

22.B

Page | 4

10. Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work.

B. The following documents are incorporated into and made part of this Contract by this reference:

1. Insurance Requirements (Exhibit A)

2. Designation of Subcontractors Form (Exhibit B)

3. Public Works Contractor Registration Certification (Exhibit C)

4. Payment and Performance Bonds (Exhibit D)

5. Contractor’s Proposal (Exhibit E)

6. Change orders issued in accordance with the Contract Documents (Exhibit F)

7. Standard Specifications for Public Works Construction (the “Green Book”), excluding Sections 1 through 9, most recent version
C. These documents shall be referred to collectively as the "Contract Documents." The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the following order: Change Orders (most recent first), Addenda (most recent first), Contract, Insurance Requirements, Technical Specifications, Plans, Standard Specifications, Contractor’s Proposal/Schedule of Pay Items.

D. Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the Contract Documents, the more stringent requirements shall govern.

SECTION 2. PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of Forty-One Thousand Three Hundred and Thirteen Dollars and Sixty-Four Cents ($41,313.64) (the “Contract Price”) subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. Work to be done at unit prices will be paid based on actual quantities of work performed and accepted.

B. Contractor shall submit a payment application for the total work completed once each month and upon completion of the Project and satisfaction of all conditions of the Contract Documents. City shall make payment within forty-five (45) days of receipt of an undisputed payment application, less five (5%) percent retention. City shall release the retained funds (less any amounts in dispute, deducted for liquidated damages or as required by law, or other offsets) no less than thirty-five (35) days after the date City accepts the Work. Pursuant to Public Contract Code section 22300, for monies earned by the Contractor and withheld by City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of Public Contract Code section 22300.

22.B

Page | 5
If any of the Work is to be paid based on unit prices, Contractor shall submit a monthly itemized estimate of Work done for the purpose of making progress payments. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by City, for unit price items listed, if any, in the Schedule of Pay Items. Following City’s acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. City makes no representation that the actual quantities of work performed will not vary from the estimates.

C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, certified payroll reports, and other documents, in form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien upon (as provided in California Civil Code sections 8132, 8134, 8136 and 8138) on behalf of itself, subcontractors and suppliers that furnished labor, material, equipment or services to the Project.

D. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The escrow agreement used for the purposes of this section shall be in the form provided by City.

E. All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To sign up for electronic payments contact [email protected].

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

22.B

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SECTION 3. ENTIRE AGREEMENT
This Contract represents the entire agreement between City and Contractor and supersedes any prior written or oral representations. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

SECTION 4. TIME
A. Contractor shall complete the Project no later than thirty (30) calendar days following City's issuance of the Notice to Proceed (the "Contract Time").

B. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of Work. Contractor shall coordinate its Work with that of all other contractors, subcontractors, and suppliers so as not to delay or damage their performance.

C. If Contractor fails to complete the Project within the Contract Time, City will sustain damage. It is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay; therefore, Contractor will pay to City the sum of two thousand ($2,000) dollars for each and every calendar day beyond expiration of the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due to Contractor under the Contract.

D. It is further agreed that in case Contractor fails to complete the Project in all parts and requirements within the Contract Time, City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of City; and if it decides to extend Contract Time, City shall further have the right to charge to Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses directly chargeable to the Contract that accrue during the period of such extension.

E. Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Project caused solely by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that Contractor shall within three (3) days from the beginning of any such delay, notify City, in writing of the causes of delay. The City Manager, or his designee, shall ascertain the facts and the extent of delay, and his or her findings thereon shall be final and conclusive.

F. As an express condition of any adjustment of the Contract Time or Contract Price on account of delay, including delay caused by acts of City, Contractor must give City written notice of the commencement of delay within three (3) days of its occurrence.

22.B

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SECTION 5. LABOR
A. Prevailing Wages. This Contract is subject to California Labor Code (“Labor Code”) Sections 1720 et seq., and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work.

Pursuant to the provisions of Section 1770 of the Labor Code, City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of City and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred ($200) dollars for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.

B. Employment of Apprentices. Contractor's attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under Contractor. It shall be the responsibility of Contractor to effectuate compliance apprentices on the part of itself and any subcontractors with the requirements for employment. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations.

C. Payroll Records. Pursuant to Labor Code Section 1776, Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. In the event of noncompliance with the requirements of this section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to achieve compliance with this section. If Contractor or subcontractor does not comply after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred ($100) dollars for each day, or portion thereof, for each worker until strict compliance is effectuated.

Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement.

22.B

Page | 8
D. Public Works Contractor Registration.

1. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.

2. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Contractor shall execute the Public Works Contractor Registration Certification attached hereto as Exhibit C, attesting to the facts contained therein. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in Exhibit B “Designation of Subcontractors Form.”

3. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In executing this Contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.

E. Hours of Work.

1. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815.

2. The Contractor shall perform all work during the hours of 7:00 a.m. to 4:30 p.m., Monday through Friday unless otherwise authorized by City in writing. If Contractor wishes to work during any other hours or on weekends, written permission must be received from City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on City holidays except in the case of an emergency. A listing of City holidays is on file in the office of City Clerk. If Contractor requests overtime work in which City will incurs costs, Contractor shall be responsible for payment of City's costs incurred in connection with the overtime work.

City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten (10) days, City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.

F. Labor Compliance. In accordance with Labor Code section 1771.4, Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

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G. Labor Certification. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to its employees in accordance with the provisions of section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the engineer a certification in the following form:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions before commencing the performance of the work of this Contract."
H. Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Price, and no additional compensation will be allowed therefore.

SECTION 6. CHANGES IN WORK
A. Contractor shall make no changes in the Work without written direction from City.

Contractor shall not be compensated for any change made without City’s written direction.

No changes in the work covered by this Contract shall exonerate any surety or any bond given in connection with this Contract.

B. If City directs the Contractor in writing to make changes in the work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:

1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work;

2. By a combination of existing and new unit prices and related quantities for the changed work;

3. Time and Materials, calculated as set forth in Section 6(C), below; or

4. By mutual acceptance of a lump sum.

C. The cost for extra or changed work performed on a time and materials basis shall be determined as follows:

1. Labor. Contractor will be paid cost of labor for workers used in actual and direct performance of extra work, including only actual wages paid shall include any employer payments to or on behalf of workers for health and welfare, pension, vacation, and similar purposes.

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2. Material. Only materials furnished by Contractor and necessarily used in performance of extra work will be paid for. Cost of such materials will be cost, including sales tax and delivery charges, to purchaser (Contractor, subcontractor or other forces) from supplier thereof.

3. Equipment. For Contractor-owned equipment, payment will be made at rental rates listed for equipment in the California Department of Transportation official equipment rental rate schedule which is in effect on the date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. If there is no applicable rate for an item of equipment, then payment shall be made for Contractor-owned equipment at rental rate listed in the most recent edition of the Association of Equipment Distributors (AED) book. a. For rented equipment, payment will be made based on actual rental invoices. Equipment used on extra work shall be of proper size and type.
b. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer-approved modifications, shall be used to classify equipment for determination of applicable rental rates. Rental time will not be allowed while equipment is inoperative due to breakdowns.
c. Individual pieces of equipment or tools having a replacement value of one hundred ($100) dollars or less, whether or not consumed by use, shall be considered to be small tools.

4. Work Performed by Special Forces or Other Special Services. When City and Contractor, by agreement, determine that special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work may be performed by a specialist.

Invoices for service or extra work shall be based on the current market price thereof and may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with established practice of special service industry to provide complete itemization. In those instances, wherein, Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the Project Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as a specialist billing. In lieu of overhead and profit provided in paragraph 5(a) “Overhead Defined”, below, fifteen percent (15%) will be added to specialist

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invoice price, after deduction of any cash or trade discount offered or available, whether or not such discount may have been taken.

5. Overhead Defined. The following constitutes charges that are deemed included in overhead for all Contract modifications, including work performed on a Time and Materials basis. Contractor shall not invoice or receive payment for these costs separately: Drawings: field drawings, Shop Drawings, etc., including submissions of drawings; Routine field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; Computer services; Reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary onSite facilities (Offices, Telephones, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water, Home office expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.

6. Overhead and Profit for Time and Materials. For work Contractor performs on Time and Materials at City’s direction, the following markups will be added to the cost of labor, materials and equipment, calculated as described above.
a. Overhead and profit on labor shall be fifteen percent (15%). b. Overhead and profit on materials shall be ten percent (10%). c. Overhead and profit on equipment rental shall be ten percent (10%). d. On proposals covering both increases and decreases in Contract Price, overhead and profit shall be allowed on the net increase only as determined in this paragraph. When the net difference is a deletion, no percentage for overhead or profit will be allowed, but rather a deduction shall apply.
e. The markup shall include profit, small tools, cleanup, supervision, warranties, cost of preparing the cost proposal, jobsite overhead, and home office overhead. No markup will be allowed on taxes, insurance, and bonds.

D. If City directs Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, City will make a reasonable adjustment to the Contract Time.

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SECTION 7. CLAIMS AND DISPUTES
A. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed Work and shall give written notice of a claim for additional compensation for the Work to City within three (3) days after commencement of the disputed Work. Contractor's failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed Work.

B. If a claim cannot be resolved through direct discussions between City and Contractor, disputes for three hundred seventy-five thousand ($375,000) dollars or less shall be handled in accordance with Public Contract Code Sections 20104 et seq. City shall respond in writing within the statutory time period(s), or, may request in writing within thirty (30) days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims City may have against the claimant. If additional information is needed thereafter, it shall be provided upon request. City's response shall be submitted within the statutory timeframe after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. Contractor shall make these records and documents available at all reasonable times, without any direct charge.

C. If a claim is more than three hundred seventy-five thousand ($375,000) dollars, City shall respond in writing within a reasonable period of time to review and analyze the claim. The Parties also agree to participate in mediation with a mutually agreeable mediator following an exchange of documents reasonably necessary for resolution of the issues in dispute.

D. If Contractor disputes City's response, or if City fails to respond within the statutory time period(s), Contractor may so notify City within fifteen (15) days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days.

E. If following the meet and confer conference, the claim or any portion thereof remains in dispute, Contractor may file a claim pursuant to Government Code sections 900 et seq. and Government Code section 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.

F. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.

G. Venue for any litigation arising out of or relating to this Contract shall be Riverside County, California.

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H. Pursuant to Public Contract Code section 9201(b), City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

SECTION 8. INSPECTION AND PROTECTION OF WORK
A. Responsibility for, and security of, all work and materials is the responsibility of the Contractor until final acceptance of the Project by City.

B. All Work shall be inspected by City. The charges for inspection shall be in accordance with City’s regulations. If City is unable to provide an inspector or inspectors, Contractor shall reschedule the Work for another time at no cost to City. Work performed without inspection shall be rejected.

C. Contractor shall make the Work accessible at all reasonable times for inspection by City.

Contractor shall, at the first opportunity, inspect all material and equipment delivered to the Project Site by others to be used or incorporated in the Contractor's Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work done hereunder until final acceptance by City.

D. When the Work is completed, Contractor shall request, in writing, a final inspection.

Within ten (10) days of the receipt of such request, City shall make a final inspection.

Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all Change Orders and all interpretations and instructions previously issued.

E. City may reject materials or Work that does not meet the requirements of the Contract Documents. If City does so, Contractor shall promptly remove the rejected materials or Work and replace it with materials or Work that meet the requirements of the Contract Documents, at no additional cost to City.

SECTION 9. ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.

B. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications.

C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code sections 1771.1 or 1777.7 can bid on, be awarded or perform Work as a subcontractor on the Project. The Contractor is prohibited from performing Work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

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D. When a portion of the Work which has been subcontracted by Contractor is not being prosecuted in a manner satisfactory to City, the subcontractor shall be removed immediately on the request of City in the manner required by law and shall not again be employed on the Work.

E. Contractor shall not assign any portion of the Work to be performed under this Contract or any of the rights or obligations under this Contract, without the prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.

SECTION 10. TERMINATION
A. Should Contractor fail within seven (7) calendar days from receipt of City's written notice to correct any default, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure to pay its creditors, City may terminate this Contract and/or, in its sole discretion, make a demand on Contractor’s performance bond surety. Following a termination for default, City shall have the right to take whatever steps it deems necessary to complete the Project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.

B. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of Work completed to the date of termination, which costs are documented to City's satisfaction. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.

C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

SECTION 11. HOLD HARMLESS AND INDEMNIFICATION
A. City and all officers and employees thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of City’s officers or employees.

B. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss,

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damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or related to the Work or the Project, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other cost and fees of litigation. Contractor shall promptly pay any final judgment rendered against City (and its officers, officials, employees and volunteers) except for claims determined by a trier of fact to have been the result of City’s sole or active negligence or willful misconduct. The foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.

C. Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an indemnified party. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

D. In addition to any remedy authorized by law, contract funds sufficient to pay for any claim may be retained by City until disposition has been made of such suits or claims for damage.

SECTION 12. BONDS AND INSURANCE
A. Bonds.

1. Within ten (10) business days after being notified of the award of the Contract, and before City will execute this Contract, Contractor shall furnish and file with City Performance and Payment Surety bonds as set forth below.

2. Contractor shall submit the bonds on the forms provided Exhibit D, attached hereto, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price.

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B. Insurance.

1. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit A. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within fifteen (15) working days after being notified of the award of the Contract, and before execution of this Contract by City.

SECTION 13. WARRANTY
Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents.

Contractor hereby warrants its Work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California law, whichever is greater.

Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.

This section shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.

SECTION 14. LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations that in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future Federal, State and local laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Project; and shall protect and indemnify City, and all officers and employees thereof connected with the Project, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by City’s representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall promptly report the same to City in writing.

C. This Contract shall be governed by and construed in accordance with the laws of the State of California.

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SECTION 15. CLEAN-UP
Contractor will remove from the Project Site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the Project Site and deduct the cost from the Contract Price.

SECTION 16. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.

SECTION 17. COMPLIANCE WITH STATE STORM WATER PERMIT
Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Water Board) Water Quality Order No. 2009-0009-DWQ, including any and all subsequent amendments and National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (“Permit”) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.

SECTION 18. MISCELLANEOUS
A. Existing Utilities.

1. The location of known existing utilities and pipelines are shown on the plans in their approximate locations. However, nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to City may exist, or be in a location different from that which is shown in the Contract Documents.

2. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling underground service alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if Contractor does not expose all such existing utilities as required by this section.

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3. After the utility survey is complete, Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. Contractor shall notify City before starting potholing operations. Contractor shall uncover all piping and conduits to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved.

4. Contractor’s attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” Contractor shall notify City in advance of this meeting.

5. If Contractor is required to locate, repair damage not due to Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under Section 6 “Changes in the Work” of this Contract, including payment for equipment on the Project necessarily idled during such work.

6. The right is reserved by City and the owners of underground facilities or their authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connection or repairs to their properties. Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.

B. Differing Site Conditions.

1. Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law,

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b. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders before the deadline for submitting bids, or
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

2. Contractor shall give notice in accordance with the Change Order provisions above.

3. City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a Change Order under the provisions described in the Contract Documents.

4. No claim of Contractor under this clause shall be allowed unless Contractor has given the notice required in the Contract Documents.

5. In the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law, which pertain to the resolution of disputes and protests.

C. Records and Audits.

1. Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of all costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.

2. Contractor shall permit City and its authorized representatives to inspect, examine and make copies of Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the four (4)-year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for four (4) years after the termination of this Contract.

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3. Pursuant to California Government Code section 8546.7, the Parties shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering the Contract.

D. Clayton Act and Cartwright Act.

Section 7103.5 of the Public Contract Code specifies that in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. Pursuant to Public Contract Code section 7103.5, Contractor and all of its subcontractors hereby offer and agree to assign to City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to this Contract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgement by the Parties.

E. Contractor Supervision.

The Contractor shall provide competent supervision and staffing of the Work as approved by City.

As necessary, the Contractor or designated representative shall be present at all times while Work is actually in progress.

F. Character Of Workers.

If persons employed by the Contractor, including any subcontractors, shall appear to City to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately on the request of City, and such person shall not again be employed on the Work.

G. Cooperation.

Should construction be under way by City, other agencies or other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. City reserves the right to perform other or additional work at or near the Project Site (including material sources) at any time, by the use of other forces.

H. Notices.

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All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or postage prepaid and addressed as follows:

To City: City of Hemet
Attn: Mark Prestwich, City Manager
445 E. Florida Ave.

Hemet, CA 92543
To Contractor: Playcore Wisconsin, Inc dba GameTime
Attn: Myles Harvey
PO Box 680121
Fort Payne, AL 35967
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.

I. Nondiscrimination.

Contractor and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

J. Safety.

Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(a) Adequate life protection and lifesaving equipment and procedures;

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(b) Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (c) Adequate facilities for the proper inspection and maintenance of all safety measures. [SIGNATURES ON FOLLOWING PAGE]

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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND PLAYCORE WISCONSIN, INC. DBA GAMETIME

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

City of Hemet Playcore Wisconsin, Inc. dba Gametime:
(Authorized Representative of Contractor)
By: _______________________________ By: _______________________________ Mark Prestwich, City Manager Printed Name: _____________________ Title: _____________________________

Dated: ___________________________ Dated: ___________________________

(Attach Acknowledgment for Authorized
Representative of Contractor)

License No.: ________________________
ATTEST:

CITY CLERK
By: ______________________________
John Maier
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven Graham
Clint Whiteside
Director of Sales Administration
08/06/2024
855664

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EXHIBIT A

INSURANCE REQUIREMENTS FOR MINOR PUBLIC WORKS PROJECTS

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

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

2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

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

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

5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and

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the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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

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

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

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

10. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

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

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

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EXHIBIT B

DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, sections 4100 et seq., Contractor shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

Portion of Work: _____________________________________
Sub-contractor _____________________________________
Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Portion of Work: _____________________________________
Sub-contractor _____________________________________
Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Name of Contractor: Playcore Wisconsin, Inc. dba GameTime Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________

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EXHIBIT C

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Contractor: Playcore Wisconsin, Inc. dba GameTime DIR Registration Number: 1000015526
Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor: Playcore Wisconsin, Inc. dba GameTime Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________

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EXHIBIT D

BOND FORMS

PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated August 1, 2024 is in the amount of $41,313.64 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Playcore Wisconsin, Inc. dba GameTime (Contractor), (Surety), CITY OF HEMET
(Owner), or other party shall be considered plural where applicable.

CONTRACTOR: SURETY:

Playcore Wisconsin, Inc. dba GameTime
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Library Shade Project, dated August 1, 2024, in the amount of $41,313.64.

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

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.2 Contractor’s obligations to pay liquidated damages; and

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

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

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

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

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

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

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

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

14. Definitions

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

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

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

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

END OF DOCUMENT

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PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Playcore Wisconsin, Inc. dba GameTime as Principal, dated the 1st day of August, 2024 (the Contract), titled the City of Hemet Library Shade Project in the amount of $41,313.64, which Contract is by this reference made a part hereof, for the work of the following Contract:

Library Shade Project

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

1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($41,313.64), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

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

1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties,

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jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

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

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

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

Signature Signature

Name Name

Title Title

Street Address Street Address

City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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EXHIBIT E
CONTRACTOR’S PROPOSAL

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EXHIBIT F

CHANGE ORDER FORM

22.B

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY

POLICY AGGREGATE D
08/01/2024 X
08/01/2025 08/01/2024 0
of Marsh USA LLC X
C
20494 4,000,000 National Union Fire Ins Co. of Pittsburgh PA WC 7 39895544 35378 84772119 10,000,000 A X
F
15,000,000 08/01/2025 C
X
American Casualty Company Of Reading, Pa Excess Umbrella 08/01/2024 CN102326389-CAS-GAUWX-23-24 1,000,000 20443 Justin Llizo 08/01/2025 ATL-005520529-05 08/01/2024 X 4,000,000 08/06/2024 X
08/01/2025 WC 7 39929062

2 15,000,000 08/01/2025 Hemet, CA 92545
2,000,000 XAggregate The Continental Insurance Company 1,000,000 1,000,000 B [email protected] 08/01/2025 08/01/2024 10,000,000 08/01/2024 X 08/01/2025 20427 BUA 7039895527 Each Occurrence 10,000 08/01/2024 WC 7 39895530 WC 7 39918871 7039984806 100,000 and non-contributory basis on the General Liability (via CG 2010 & CG 2037) and Automobile Liability (via CA 2048) policies, when required by written contract.

A Waiver of Subrogation applies in favor of the additional insureds on all policies, when required by written contract.

RE: All Operations of the Insured
City of Hemet, its officers, officials, employees, and agents are listed as additional insured in regards to services performed by the Insured, on a primary

Transportation Insurance Co dba GameTime
Playcore Wisconsin, Inc.

Fort Payne, AL 35967
150 PlayCore Drive SE

2,000,000
Evanston Insurance Company Two Alliance Center
MARSH USA, LLC.

Atlanta, GA 30326
3560 Lenox Road, Suite 2400
Attn: [email protected] / Fax: 212-948-4321 MKLV2PBC002287 Continental Casualty Company N
Attn: Charles Russell
3777 Industrial Avenue
City of Hemet
Public Works
08/01/2024

C
19445 1,000,000 Comp./Coll. Ded.: $1,000 (202) 258-5895 SIR $250,000 Per Occ. 35289 X
RETENTION Umb Catastrophe $25,000 E
10,000,000 08/01/2025

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ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

MARSH USA, LLC. ��WC 7 39895530 - AL,CO,FL,GA,ID,IL,IN,KS,KY,MA,ME,MD,MI,MN,MO,MT,NV,NY,NC,OK,PA,SC,TN,TX,UT,VA �� ��Carrier: Transportation Insurance Company�� ��Dates: 08/01/2024 - 08/01/2025�� Policy Number: WC 7039918885�� ������������������WC 7 39895544 - CA�� ������������ 2 Atlanta Certificate of Liability Insurance ��
����
��
����������������WC 7 39918871 - AZ, OR, WI�� ���������� 25 ��Workers' Compensation (Continued): �� ������WC 7039918885- OH, ND, WY, WA�� dba GameTime�� Playcore Wisconsin, Inc.�� �� 150 PlayCore Drive SE�� �� ����
2 CN102326389 Fort Payne,AL 35967�� ������

22.B

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: City Council
Submitted by: Mark Prestwich, City Manager
Michael Mouat, Police Lieutenant;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution Granting the Sale of K9 River, an Eight-Year-Old Belgium Malinois Working Dog Owned by the City of Hemet, to Hemet Police Department to Lieutenant Derek Maddox in the Amount of $1.00 and Authorizing the City Manager to Execute the Sales Contract in Support of the Resolution and Presentation of a Proclamation
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Granting the Sale of Canine River, an Eight-Year-Old Belgium Malinois Working Dog Owned by the City of Hemet, to Hemet Police Department to Lieutenant Derek Maddox in the Amount of $1.00 and Authorizing the City Manager to Execute the Sales Contract in Support of the Resolution.

BACKGROUND:

The City of Hemet Police Department recognizes the value of working dogs in law enforcement activities and fully appreciates their contributions to providing safety and security to the residents of the City of Hemet. As such the Hemet Police Department established a canine program in 1991.

Since that time, the Hemet Police Department has enjoyed the service of several working dogs.

These working dogs, like their human partners, have a service life. It has been the custom of the City of Hemet that, at the end of a K9’s service life, the K9s are retired and sold to their handlers.

ANALYSIS:

K9 River (Belgium Malinois) has been a valued member of the Hemet Police Department since June 2018. K9 River is a small but mighty 60-pound female Belgian Malinois. She was purchased from a vendor in the Netherlands with a title in IPO (Internationale Prüfungs-Ordnung — German for “International Trial Rules”). She was originally assigned to the Gang Impact Team and Detective Dean Benjamin. In August 2021, she was assigned Sergeant Derek Maddox and the Central PACT Taskforce. Her expertise is seeking and alerting to firearms and items related to firearms. Central PACT is a team that searches for high-risk subjects on probation or parole. Due to these subjects’

22.C

felony convictions, they are not allowed to own firearms, so the assignment on this team was ideal for such a detection dog. On Central PACT alone, since being assigned to the team, K9 River has assisted in 343 gun finds and thousands of rounds of ammunition. This does not include the items that she has located that are related to firearms. During her entire career at the Hemet Police Department, she has assisted on both teams with hundreds of arrests and hundreds of finds. The areas of the finds were in locations like attics, crawl spaces, open fields, buried in yards, and even a gun inside a stuffed teddy bear. A couple of her finds were later determined to be suspected murder weapons! There’s no doubt that many of these firearms would have gone undetected and still be on the street without this amazing team.

Sergeant Maddox has been promoted to the rank of Lieutenant with the Hemet Police Department.

Lieutenants with the Hemet Police Department work as part of the executive staff. Their duties as managers are not compatible with the role of a K9 handler.

Additionally, Hemet Police Department K9 teams are often made available to other law enforcement agencies throughout the county. Should another agency in the county experience the need for a police K9, it is not uncommon for a Hemet Police Department canine team to respond to an outside jurisdiction to assist. To have a manager leave the City to assist other agencies in this role is not in the best interest of the Hemet Police Department or the City as a whole.

Although police K9s can occasionally be reassigned to other handlers so they can continue their valued work, an analysis of K9 River’s current age, health, and likely remaining service life make reassignment an undesirable option. This is based on the financial and training resources that should be required to select and train a new handler for K9 River.

The Police Department's practice is to sell police K9s to their handlers upon retirement for the protection of the police canine and the City. Police K9s have been specially trained to assist officers in law enforcement tasks and respond to the commands of Lieutenant Maddox. The sale of K9 River to a person other than Lieutenant Maddox could potentially expose the City to liability based on the possibility that K9 River may fail to respond to or obey the command of a new owner (who may not have the necessary training). For these reasons and consistent with past practice, it is recommended that the City of Hemet sell K9 River to his partner, Lieutenant Derek Maddox, for the amount of $1.00.

PREVIOUS COUNCIL ACTION:

None
STRATEGIC PLAN INTEGRATION:

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

The proposed action aligns with Council adopted objectives: increasing public transparency and increasing the community's pride.

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

The proposed action aligns with Council's adopted objective: evaluate existing practices to ensure continuity with industry best practices.

22.C

FISCAL IMPACT:

There is no negative fiscal impact related to the sale of K9 River to Lieutenant Derek Maddox. On the contrary, authorizing this sale will release the City of Hemet from any and all future medical care and maintenance. It will also indemnify the City of Hemet from any future liability concerning K9 Rivers.

ALTERNATIVE(S):

Euthanasia.

ATTACHMENT(S):

Attachment 1: Resolution - K9 Duke
Attachment 2: K9 River Purchase Agreement

22.C

CITY COUNCIL RESOLUTION NO. 2024-XXX

CITY OF HEMET
RESOLUTION NO. 2024-XXX
A RESOLUTION GRANTING THE SALE OF K9 RIVER, AN

EIGHT-YEAR-OLD BELGIUM MALINOIS WORKING DOG

OWNED BY THE CITY OF HEMET, HEMET POLICE

DEPARTMENT TO LIEUTENANT DEREK MADDOX IN THE
AMOUNT OF $1.00.

WHEREAS, the City of Hemet has maintained the costs associated with the healthcare and training of K9 River for the past six years.

WHEREAS, K9 River has served the community with K9 Handler / Sergeant Derek Maddox.

WHEREAS, K9 River’s current age, health, and likely remaining service life deems K9 River a candidate for K9 retirement.

WHEREAS, Sergeant Derek Maddox was promoted to Police Lieutenant on July 8, 2024, and into an executive management position.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET
DOES HEREBY FIND AND RESOLVE: that the City Council approve the sale of K9 River to Lieutenant Derek Maddox in the amount of $1.00 and authorize the City Manager to execute the Agreement and sale in support of the Agreement.

PASSED, APPROVED AND ADOPTED this ___ day of ________ 2024. ____________________________
Joe Males, Mayor
ATTEST:

22.C

CITY COUNCIL RESOLUTION NO. 2024-XXX
_____________________________
John Maier, City Clerk

22.C

CITY COUNCIL RESOLUTION NO. 2024-XXX
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the ___ day of ________, 2024, and was passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
John Maier, City Clerk

22.C

EXHIBIT A

22.C

K9 River (Belgium Malinois) Retirement Agreement
Sale of an Animal and Waiver of Liability Agreement
In consideration of the sum of One Dollar, and the transfer of ownership of a certain K9, River (Belgium Malinois) [Dog], from the City of Hemet [City] to Derek Maddox [Purchaser], the Purchaser hereby releases and forever discharges the City, its agents, employees, heirs and assigns from any and all claims from injury, disability, loss, or property destruction that may occur to anyone, as a result of contact with or action by the Dog.

The Purchaser accepts full responsibility and also agrees to indemnify and hold harmless the City and its agents, employees, heirs and assigns from any alleged injury or damage to any person or property that may occur or be caused by the Dog after the transfer of ownership, which is effective as of the date listed below, including reasonable costs of defending such claims.

The undersigned is fully aware of the nature of the training the dog received and the nature of the work that the Dog performed during the period of ownership by the City, and understands the need to provide the Dog with suitable shelter and reasonable surroundings in keeping with its training and work experience.

The Purchaser also hereby accepts the following conditions of sale.

1. The Purchaser will not sell or give away the Dog, without the written permission of the City.

2. The Purchaser will use the Dog only as a pet, but may train the Dog to enter competitions

3. The Purchaser will not use the Dog as a detection, rescue or service animal in any capacity without the written approval of the City.

4. The Purchaser will obtain and maintain in force a Homeowner’s or Renter’s Insurance Police, issued by a casualty carrier licensed in this state, in the minimum amounts of $100,000 per claimant and $300,000 per incident or event.

The Parties have executed this Agreement on this_____ day of________________ , 20____ .

Derek Maddox, Purchaser Attorney for the City of Hemet
Mark Prestwich, City Manager City of Hemet

22.C

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving Final Map 38529, Located East of California Avenue and North of Simpson Road
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving Final Map 38529, Located East of California Avenue and North of Simpson Road.

BACKGROUND:

The property defined by Parcel Map 38529 is located east of California Avenue and approximately 1,300 feet north of Simson Road and is traversed by the San Diego Channel and the San Diego Pipeline. The subdivision by Rancho Diamante Investments, LLC consists of two parcels.

Tentative Parcel Map 38259 was conditionally approved by the Planning Commission on December 5, 2023, including a CEQA exemption pursuant to CEQA Guidelines Section 15315.

ANALYSIS:

The conditions of approval have all been met for Parcel Map 38529. The monuments were set prior to the approval of the map, therefore a monumentation bond is not required. There are also no public improvements required by the final conditions of approval and therefore no security or agreement is required with the approval of this final parcel map.

DISCUSSION:

The City's consultant Surveyor has reviewed the final Parcel Map 38529 and finds that it is technically correct. The City Engineer has reviewed the Final Parcel Map 38529 and found it in substantial conformance with the approved Tentative Parcel Map.

22.D

PREVIOUS COUNCIL ACTION:

There has been no previous 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.

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:

There are no impacts to the General Fund.

ALTERNATIVE(S):

1. Do not approve the Final Parcel Map.

2. Provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1 - Resolution Approving Parcel Map 38529
Attachment 2 - Parcel Map 38529

22.D

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 FINAL MAP
38529, LOCATED EAST OF CALIFORNIA AVENUE AND

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

WHEREAS, the property defined by Parcel Map 38529 is located east of California Avenue and approximately 1300 feet north of Simpson Road; and WHEREAS, the subdivision by Rancho Diamante Investments, LLC consists of two (2) parcels; and
WHEREAS, Tentative Parcel Map 38529 (MAP 22-005) was conditionally approved by the Planning Commission on December 5, 2023, as well as a CEQA exemption pursuant to CEQA Guidelines Section 15315; and WHEREAS, the conditions of approval have been met for Parcel Map 38529, including the setting of the monuments; and
WHEREAS, there are no public improvements required by the final conditions of approval, and therefore no security or agreement is required with the approval of this final map; and
WHEREAS, the City Engineer has reviewed the final Parcel Map 38529 and finds that it is technically correct and is in substantial conformance with the approved Tentative Parcel Map.

22.D

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

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

SECTION 2. The City Council hereby approves Final Map 38529, located east of California Avenue and North of Simpson Road.

22.D

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED, AND ADOPTED this 10TH day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

22.D

CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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7 8
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11 12
13 14
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19 20
21 22
23 24
25 26
27 28
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 __ day of September, 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

22.D

22.D

22.D

22.D

22.D

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Gregg Holyoak, Public Works Operations Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving an LS-1 Option E Agreement with Southern California Edison (SCE) to Replace High Pressure Sodium Vapor Street Lights with Light-Emitting Diode (LED) Street Lights District-Wide and Authorizing the City Manager to Execute All Documents Related to the Agreement
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving an LS-1 Option E Agreement with Southern California Edison (SCE) to Replace High Pressure Sodium Vapor (HPSV) Street Lights with Light-Emitting Diode (LED) Street Lights District-Wide, and Authorizing the City Manager to Execute All Documents Related to the Agreement.

BACKGROUND:

The LS-1 Option E tariff is a turn-key program offered by Southern California Edison (SCE) to local governments and community service districts to replace aging HPSV “cobra head” street lights with new, more efficient LED street lights. This tariff facilitates street light replacements with local government concurrence and authorization after which SCE manages the implementation from start to finish. SCE does not require any up-front capital from the City of Hemet. Instead, capital costs are amortized through energy savings over a 20-year period with zero interest.

The City of Hemet has taken over all the streetlights within the City that were feasible to acquire and currently operates and maintains over 4,300 streetlights. However, 395 lights in the City remain under SCE's control because they reside on SCE's equipment and are not eligible for transfer to the City.

ANALYSIS:

22.E

Upon agreement execution, the wait time is expected to be approximately five months until project implementation begins. With 395 SCE-owned lights within the City of Hemet, SCE teams will work during normal business hours for about three to four business days to complete the project. As soon as the project is finished, SCE will begin the process of changing mapping and billing records, which often takes several months to complete. SCE will credit Hemet’s street light billing back to the date of project completion to ensure savings are provided from the time the project was complete.  After implementation, the City of Hemet will save an estimated $18,960 annually on the District’s street lighting energy bill from SCE.
 After the initial 20 years passes, the City of Hemet savings will grow to an estimated $26,409 annually
Over 347,000 lights have been replaced by SCE over the last several years in communities across Southern California. This project meets both financial and sustainability goals for the community, lowering not only cost, but energy usage and reducing the City of Hemet’s carbon footprint.

The new LED fixtures provide superior optics compared to the older generation HPSV lights, are dark sky compliant, and more effectively place light on the street surface with less light intrusion to residents. The lights also improve ‘visual acuity,” allowing drivers, pedestrians, and cyclists to see more clearly and with more detail during the evening hours, providing a safer night environment for our residents.

SCE will utilize a standard wattage ratio to match existing lights and conditions on our streets and staff suggests adopting the standard warm color temperature of 3,000 kelvin across the City of Hemet.

DISCUSSION:

SCE estimates that during the 20-year repayment period, the City of Hemet will save approximately $18,960 annually and $26,409 annually after 20 years. Over the course of the initial 20 years, the City of Hemet will see a cost reduction of $379,200 in current dollars which is net of the embedded recovery mechanism in the LS-1 Option E tariff.
 Total savings for the City of Hemet over 20 years – $528,180  Total embedded recovery mechanism collection over the initial 20 years - $148,980  Total net savings to the City of Hemet after recovery mechanism - $379,200 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.

FISCAL IMPACT:

No General Fund impact. Funding for this agreement is through Southern California Edison.

22.E

ALTERNATIVE(S):

1. Do not approve this proposed agreement.

2. Provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1 - Resolution SCE Option E Street Light Agreement Attachment 2 - LS-1 Option E Agreement

22.E

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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27 28

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING AN AGREEMENT

WITH SOUTHERN CALIFORNIA EDISON (SCE) TO

REPLACE HIGH PRESSURE SODIUM VAPOR (HPSV)

STREET LIGHTS WITH LIGHT-EMITTING DIODE (LED)

STREET LIGHTS CITY-WIDE, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE ALL DOCUMENTS

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

WHEREAS, the City of Hemet Public Works is responsible for the operations and maintenance of streetlights of more than 4,300 streetlights in the City of Hemet; and WHEREAS, all streetlights that were feasible to be taken over by the City have been, however, 395 lights remain in SCE’s control due to the facilities that they are attached to; and
WHEREAS, the LS-1 Option E tariff is a turn-key program offered by Southern California Edison (SCE) to local governments and community service districts; and WHEREAS, the program will replace aging HPSV “cobra head” street lights with new, more efficient LED street lights; and
WHEREAS, the new LED fixtures provide superior optics compared to the older generation HPSV lights, are dark sky compliant, and more effectively place light on the street surface with less light intrusion to residents; and

22.E

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, SCE does not require any up-front capital from the City of Hemet, instead capital costs are amortized through energy savings over a 20-year period with zero interest; and
WHEREAS, 395 SCE-owned lights within the City of Hemet will be replaced, resulting in an estimated annual savings of $18,960, and after the initial 20-year period passes savings will grow to an estimated $26,409 annually; and WHEREAS, over the course of the initial 20 years, the City of Hemet will see a cost reduction of $379,200 in current dollars which is the net of the embedded recovery mechanism in the LS-1 Option E tariff.

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

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

SECTION 2. Approves the LS-1 Option E Agreement with Southern California Edison (SCE) to replace high pressure sodium vapor street lights with light-emitting diode (LED) street lights citywide.

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

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective upon its adoption.

22.E

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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27 28
PASSED, APPROVED AND ADOPTED this 10th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

22.E

CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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23 24
25 26
27 28
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 September, 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

22.E

Southern California Edison Original Cal. PUC Sheet No. 57074-E Rosemead, California (U 338-E) Cancelling Cal. PUC Sheet No.

Sheet 1
SCHEDULE LS-1 OPTION E,

ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT

RATE AGREEMENT
Form 14-965
(To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3241-E R.O. Nichols Date Filed Jun 30, 2015
Decision 14-10-046 Senior Vice President Effective Jun 1, 2016 1P8 Resolution

22.E

SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED)

FIXTURE REPLACEMENT RATE AGREEMENT
Form 14-965
06/2016
1 This Schedule LS-1 Option E, Energy Efficiency-Light Emitting Diode (LED) Fixture Replacement Rate Agreement (Agreement), effective this day of _,
_(Effective Date), is entered into between Southern California Edison Company (SCE) and ________, an SCE customer taking service on Schedule LS-1 (Applicant), referred to collectively as "Parties," and individually as "Party." This Agreement provides for SCE, at Applicant’s request, to replace the existing street lighting fixtures serving Applicant’s premises with Light Emitting Diode (LED) street lighting fixtures to achieve energy efficiency benefits for Applicant, as set forth in Special Condition 14, Option E, Energy Efficiency-Light Emitting Diode (LED) Fixture Replacement, of Schedule LS-1.

The Parties agree as follows:

1. LED FIXTURES
SCE shall install, own, operate, and maintain LED Fixtures for Applicant as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. The LED Fixtures provided hereunder shall at all times remain the property of SCE.

2. LED FIXTURE REPLACEMENT COSTS

2.1 The replacement costs of the LED Fixtures provided hereunder shall be borne by Applicant.

2.2 Applicant shall pay the charge for the LED Fixtures Replacement rate, which includes an Energy Efficiency Premium Charge (EEPC) and a Base LED Charge, under Option E of Schedule LS-1. Applicant elects Option E in lieu of an upfront, one-time payment of the replacement costs.

2.3 SCE does not guarantee that any energy or bill savings will accrue to Applicant as a result of the LED Fixture replacements.

3. COMMENCEMENT OF SERVICE
The Parties agree that SCE has the right to charge Applicant, and Applicant has an obligation to pay SCE, for the charges set forth in Schedule LS-1, Option E, commencing on the date SCE begins serving the LED Fixtures installed pursuant to this Agreement.

4. TERM AND TERMINATION

4.1 This Agreement shall be effective as of the Effective Date and shall continue for a term of twenty (20) years from the commencement of service as specified in Section 3 above (Term).

4.2 Applicant may terminate this Agreement at any time during the Term upon a thirty (30) - day advance written notice, provided that Applicant, prior to or within the 30-day advance notice period, assigns the Agreement to any New Party In (NPI) that owns, rents or leases the premises served by the street lighting fixtures replaced under this Agreement and will take service under Option E of Schedule LS-1 effective as of the date of termination; otherwise, Applicant shall pay a one-time termination charge equal to the present value of the balance of the EEPC of Option E over the remaining Term. The present value is determined based on SCE’s authorized rate of return on rate base, or discounted rate of

7.90%.

22.E

SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED)

FIXTURE REPLACEMENT RATE AGREEMENT
Form 14-965
06/2016
2 5. AMENDMENTS; ASSIGNMENTS

5.1 Any changes or amendments to this Agreement must be in writing and must be executed by the Applicant and SCE and, if required, be approved by the California Public Utilities Commission (Commission).

5.2 Applicant shall not assign this Agreement without the prior written consent of SCE; provided, however, that Applicant may assign the Agreement pursuant to the terms and conditions of Section 4.2 above, and the NPI must assume all rights and obligations under this Agreement for the remaining Term. Any assignment and assumption shall be in a form acceptable to SCE.

6. NOTICE
Any notice either Applicant or SCE may wish to provide the other regarding this Agreement must be in writing. Such notice must be either hand-delivered or sent by U.S. certified or registered mail, postage prepaid, to the person designated to receive notice for the other Party below, or to such other address as either may designate by written notice. Notices delivered by hand shall be deemed effective when delivered. Notices delivered by mail shall be deemed effective when received, as acknowledged by the receipt of the certified or registered mailing.

Applicant: SCE:

(Name)

Business Customer Division
(Title) Southern California Edison Company
2244 Walnut Grove Avenue
(Address) Rosemead, CA 91770

(City, State, Zip)

7. NONWAIVER
The failure of either Party to enforce any of the terms and conditions or to exercise any right or privilege in this Agreement shall not be construed as a waiver of any such term and conditions or rights or privileges, and the same shall continue and remain enforce and effect as if no such failure to enforce or exercise had occurred.

8. SEVERABILITY
In the event that any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by the Commission, or any court of competent jurisdiction, the validity and enforceability of the remaining provisions or any portion thereof shall not be affected.

9. APPLICABLE LAWS, RULES, AND REGULATIONS
This Agreement shall be subject to, and interpreted under the laws, rules, decisions and regulations of the State of California, without regard to its conflict of laws principles, the Commission, and SCE's Commission-approved tariffs.

22.E

SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED)

FIXTURE REPLACEMENT RATE AGREEMENT
Form 14-965
06/2016
3 10. CALIFORNIA PUBLIC UTILITIES COMMISSION JURISDICTION

10.1 This is a filed form tariff agreement authorized by the Commission for use by SCE. No officer, inspector, solicitor, agent or employee of SCE has any authority to waive, alter, or amend any part of this Agreement except as provided herein or authorized by the Commission. This Agreement is to be used in conjunction with Schedule LS-1 and supplements the terms and conditions of the Applicant's electric service under Schedule LS-1.

10.2 This Agreement shall at all times be subject to such changes or modifications by the Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction.

10.3 Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally file with the Commission, pursuant to the Commission's rules and regulations, an application for change in rates, charges, classification, service, or rule or any agreement relating thereto.

11. ENTIRE AGREEMENT
This Agreement, including SCE’s Commission-approved tariffs, constitutes the complete agreement and understanding between the Applicant and SCE regarding the LED Fixtures replacement costs.

Prior agreements, representations, understandings, whether expressed or implied, and communications, oral or written, between the Applicant and SCE shall not be construed to be a part of this Agreement.

12. AUTHORIZATION SIGNATURE
In witness whereof, the Parties hereto have caused this Agreement to be signed by their duly authorized representatives.

APPLICANT
BY:

NAME:

TITLE:

DATE SIGNED:

SOUTHERN CALIFORNIA EDISON COMPANY
BY:

NAME:

TITLE:

DATE SIGNED:

22.E

Form 14-965
06/2016
4 SOUTHERN CALIFORNIA EDISON COMPANY
EXHIBIT “A”
SCHEDULE LS-1 OPTION E,

ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT

APPLICANT

CUSTOMER ACCOUNT NO.

SERVICE ACCOUNT NO.

(Additional account numbers/addresses may be attached hereto.)

SERVICE ADDRESS

APPLICANT REQUESTED READY TO SERVE DATE
ASAP

SCE READY TO SERVE DATE
DESCRIPTION OF LED FIXTURES/SCOPE OF WORK: SPECIFY HOW MANY STREET LIGHTING

FIXTURE REPLACEMENTS ARE BEING REQUESTED AND AGREED TO UNDER THIS AGREEMENT AND OTHER RELEVANT DETAILS.

W.O. No(s):

22.E

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Glen Brock, Police Captain;
☐ 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 Purchase Agreement for 12 Harris XL-200 Portable Radios with Associated Accessories and Software Between the City of Hemet and Cazcom, Inc. in an Amount Not to Exceed $76,898.94 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to execute a Purchase Agreement for 12 Harris XL-200 Portable Radios with associated accessories and software between the City of Hemet and Cazcom, Inc. in an amount not to exceed $76,898.94.

BACKGROUND:

The Hemet Police Department has used Harris quad-band portable radios for over 10 years. These radios are utilized for communication with the Hemet Public Safety Communication Center, City of Hemet safety personnel in the field, and other public safety agencies across California. The Harris quad-band portable radios enable police personnel to communicate across all radio spectrums used for public safety purposes, including Ultra-High Frequency (UHF), Very-High Frequency (VHF), 700/800 MHz, and Broadband LTE. The Harris portable radios comply with P25, the interoperability standard set by the United States Department of Homeland Security.

ANALYSIS:

The Hemet Police Department has utilized the reliable Harris XG-100 portable radios since 2013.

However, due to the discontinuation of these radios in April 2020 and the recent announcement from Harris on July 19, 2022, indicating that new parts necessary for repairs will no longer be available, a new solution is imperative. While the department continues minor repairs using used parts, the transition to the state-of-the-art Harris XL-200 portable radios has already commenced and is set to ensure seamless and effective communication for our officers.

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DISCUSSION:

The purchase of these 12 XL-200 radios represents a one-for-one replacement of existing XG-100 radios. The Hemet Police Department will retain any XL-100 radio taken out of service in a serviceable condition to be brought back into service should a need arise. Older XG-100 radios can also be made available to another City department that may need a P25-compliant quad-band radio for their operations.

Cazcom, Inc., is the only authorized Harris vendor in our area. Since 2013, they have supplied portable and mobile Harris radios to the Hemet Police Department and serviced all City of Hemet Harris radios. This purchase is being made under a competitively bid contract utilizing Department of Homeland Security grant funding.

This purchase includes all accessories, software, and programs needed to immediately utilize these radios.

PREVIOUS COUNCIL ACTION:

City Council voted to accept the Department of Homeland Grant on June 25, 2024 in the amount of $85,000. That staff report stated the funding provided by this grant would be used to purchase 12 new portable radios.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The price for 12 Harris XL-200 portable radios is $76,989.94. The Hemet Police Department has been awarded $85,000 through a Department of Homeland Security grant, which will fully cover the cost of these radios. Funding is in the Public Safety Grant Fund (232-3131-2700).

Although the quote in this staff report lists an expiration date of August 30, 2024, the vendor has guaranteed the purchase price until September 30, 2024.

ATTACHMENT(S):

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Attachment 1 Cazcom 12 XL-200 Radios Resolution
Attachment 2 12 XL-200 Radios 7_31_24
Attachment 3 Cazcom - Harris Radios and Programming - 2024-018

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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 PURCHASE AGREEMENT
FOR 12 HARRIS XL-200 PORTABLE RADIOS WITH

ASSOCIATED ACCESSORIES AND SOFTWARE
BETWEEN THE CITY OF HEMET AND CAZCOM, INC. IN
AN AMOUNT NOT TO EXCEED $76,898.94
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City of Hemet Police Department has used Harris XG-100 portable radios for public safety communications since 2013; and WHEREAS, the Harris XG-100 portable radios were discontinued by the manufacturer in 2020; and
WHEREAS, new parts needed for service and repairs became unavailable on July 19, 2022; and
WHEREAS, the Harris XL-200 quad-band portable radio is P25 compliant for interoperability and was selected by the Hemet Police Department to replace the endof-life Harris XG-100 portable radios; and WHEREAS, a $85,000 grant was awarded to the Hemet Police Department by the Department of Homeland Security and has been allocated for the purchase of Harris XL-200 portable radios to place existing Harris XG-100 portable radios; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, this purchase of 12 Harris XL-200 quad-band portable radios with all necessary accessories, software, and programing for $76,898.94 from Cazcom, Inc. is being made under a competitively bid contract utilizing Department of Homeland Security grant funding; and
WHEREAS, Cazcom, Inc., has supplied mobile Harris radios to the Hemet Police Department and serviced all City of Hemet Harris radios since 2013 and is the only authorized Harris vendor in our area.

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 - Approves the Purchase Agreement between the City of Hemet and Cazcom, Inc.

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

SECTION 4. RESOLVES - This Resolution shall become effective upon its adoption.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 10th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of September, 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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Proposal #255764
Date: 7/31/2024
Valid To: 8/30/2024
Prepaired By: C. A. "Ski" Zwarkowski Office: 760 243 2332 Email [email protected] Fax: 760 243 0886
Company:

Requested By:

Phone:

Email:

Quantity Item Number Description List Each Total
L3/HARRIS XL-200 PORTABLE RADIOS
12 XL-PFM1M-NA L3/HARRIS XL-200 PORTABLE RADIO $ 3,950.00 $ 2,172.50 $ 26,070.00 12 XL-PL5K FEATURE: OTAP (Over the air Programming) $ 395.00 $ 217.25 $ 2,607.00 12 XL-PL5L FEATURE: OTAR (Over the Air Re-Keying) $ 650.00 $ 357.50 $ 4,290.00 12 XL-PL4F FEATURE: P25 Phase II TDMA $ 275.00 $ 151.25 $ 1,815.00 12 XL-PKG8F FEATURE: 256 bit AES - 64 bit DES Encryption $ 785.00 $ 431.75 $ 5,181.00 12 XL-PKGPT FEATURE: P25 Trunking $ 1,800.00 $ 990.00 $ 11,880.00 12 XL-PKGF1 FEATURE: All Bands - VHF - UHF - 7/800 MHz $ 1,795.00 $ 987.25 $ 11,847.00 12 BPPA3VLIXT Li-ION Battery 5000 MAH $ 235.00 $ 199.75 $ 2,397.00 12 XL-NC5Z Antenna - 136-870 MHz $ 125.00 $ 68.75 $ 825.00 12 XL-AE4B Speaker Microphone with Emergency Button $ 255.00 $ 140.25 $ 1,683.00 12 XL-HC3L Metal Belt Clip $ 30.00 $ 16.50 $ 198.00
12 XL-CH6F
Single Unit Desktop Battery Charger with extra slot for 2nd Battery
$ 250.00 $ 137.50 $ 1,650.00
Equipment: $ 70,443.00
Hi-Desert Communications Sales Tax: $ 6,163.76
17181 Jasmine Street Labor: $ - Victorville, CA 92395 Travel: $ - Quote is valid for 30 days after creation. Programming: $ 150.00 PRICONG ON PROPOSAL IS IAW THE CURRENT NASPO 00318 Shipping: $ 142.18 AND HGAC RA05-21 CONTRACTS Total: $ 76,898.94
Hemet Police Department
Glen Brock

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GOODS AND SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND
CAZCOM, INC.

A CALIFORNIA CORPORATION
AGREEMENT # 2025-018

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00092061.2

GOODS AND SERVICES AGREEMENT

FOR HARRIS PORTABLE RADIOS AND PROGRAMMING
BETWEEN THE CITY OF HEMET AND CAZCOM, INC.

THIS GOODS AND SERVICES AGREEMENT (“Agreement”) is made and entered into this 11th day of August, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Cazcom, Inc., a California corporation (“Vendor”). For the purposes of this Agreement City and Vendor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. In compliance with federal, state, and local procurement regulations the City has obtained competitive pricing through the HGAC Buy cooperative contract # RA05-21 attached hereto and incorporated herein by reference as Exhibit “E” [Cooperative Agreement], to purchase from Vendor the equipment and services defined and described particularly in Section 2, “Scope of Services” of this Agreement.

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

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

4. The Parties desire to formalize the selection of Vendor to sell to City the equipment and render such services as defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the term of that performance be as particularly defined and described herein.

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

SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through December 31, 2024, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. Vendor shall provide all Goods (defined particularly below) and complete the Services (defined particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines.

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

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

SECTION 4. ADDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Vendor perform “Additional Work.” As used herein, “Additional Work” means any work which is determined by City to be necessary for the proper completion of the Goods and/or Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 27 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Goods and Services.

SECTION 5. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Vendor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy-Six Thousand Eight Hundred and Ninety-Eight Dollars and NinetyFour Cents ($76,898.94) (“Not to Exceed Amount”), unless additional compensation is approved in writing in accordance with Section 27 “Administration and Implementation” or Section 28“Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To enroll in ACH electronic payments contact [email protected].

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(c) Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Vendor.
(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” (e) If Additional Work is authorized, Vendor will be compensated at the same rates and manner as set forth in this Agreement.

SECTION 6. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed and/or the goods provided. The invoices shall be emailed to [email protected]. (b) Vendor shall at any time prior to the fifteenth (15th) of any month, submit to City a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City, as detailed in (c) below. (c) In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 5(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Vendor to determine whether the work performed/ good delivered and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (d). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission.
(d) Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within forty-five (45) days of receipt of Vendor’s correct and undisputed invoice. (e) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the

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

SECTION 7. INDEPENDENT CONTRACTOR
(a) Vendor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Vendor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel providing the Goods and/or Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Vendor or any of Vendor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Vendor, nor any of Vendor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Vendor expressly waives any claim Vendor may have to any such rights.

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

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

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written explanation, otherwise Vendor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Vendor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.”
SECTION 10. CONTINUITY OF PERSONNEL
Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services. Vendor shall notify City of any changes in Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services prior to and during any such performance.

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

SECTION 12. WARRANTY OF GOODS
In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against

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

SECTION 13. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) Vendor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. Vendor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Vendor represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the Goods and/or Services set forth in this Agreement and that such licenses are in good standing. Vendor further represents and warrants that the Services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Vendor to comply with this section. (b) Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).

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

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

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

SECTION 14. PREVAILING WAGE LAWS
(a) Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is onethousand dollars ($1,000) or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.
(b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Vendor’s sole

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responsibility to comply with all applicable registration and labor compliance requirements.

SECTION 15. NONDISCRIMINATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Vendor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Vendor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

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

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

SECTION 18. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment

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to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Goods and/or Services provided under this Agreement.

SECTION 19. INDEMNIFICATION
(a) To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Vendor or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Goods and/or Services provided by Vendor, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control.

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

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

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00092061.2
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Vendor. In the event such notice is given, Vendor shall cease immediately all work in progress.
(b) Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Vendor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor’s possession shall be returned to City. Vendor shall furnish to City a final invoice for work performed and expenses incurred by Vendor prepared as set forth in Section 6 “Method of Payment and Invoicing” of this Agreement.

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

SECTION 22. NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Hemet
Attn: City Manager
445 E. Florida Ave
Hemet CA 92543
To Vendor: Cazcom. Inc.

Attn: Ski Zwarkowski
17181 Jasmine St.

Victorville, CA 92395

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00092061.2
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 23. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

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

SECTION 25. WAIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Goods or Services shall not constitute a waiver of any of the provisions of this Agreement.

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

SECTION 27. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.

SECTION 28. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

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00092061.2
SECTION 29. CONFLICTS OF INTEREST
(a) Vendor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Vendor’s ability to provide the Goods and/or Services. Vendor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Vendor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Vendor is, as of the date of execution of this Agreement, independently involved in providing non-related goods and/or services to other governmental agencies and private parties. Vendor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Vendor will, provide non-related goods and/or services for other governmental agencies and private parties following the completion of providing the Goods and/or Services under this Agreement. Any such future goods and/or services shall not be considered a conflict of interest for purposes of this section.

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

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

SECTION 32. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

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

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00092061.2
Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

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

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00091740.2
Signature Page

GOODS AND SERVICES AGREEMENT

FOR HARRIS PORTABLE RADIOS AND PROGRAMMING
BETWEEN THE CITY OF HEMET AND CAZCOM, INC.

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

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
VENDOR
By:

Its:

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

SCOPE OF SERVICES
Cazcom, Inc. is to provide the following goods and services to the satisfaction of the City:

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Exhibit B - Compensation Page 1
EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed Seventy-Six Thousand Eight Hundred and Ninety-Eight Dollars and Ninety-Four Cents ($76,898.94).

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

SCHEDULE OF PERFORMANCE

NOT APPLICABLE

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Exhibit D – Insurance Page 1
EXHIBIT “D”

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

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

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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

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

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

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

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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:

1. 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;

2. Pay on behalf of wording as opposed to reimbursement;

3. Concurrency of effective dates with primary policies;

4. Policies shall “follow form” to the underlying primary policies; and

5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Vendor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

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

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

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

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and

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Exhibit D – Insurance Page 1
non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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Exhibit D – Insurance Page 1
EXHIBIT “E”

COOPERATIVE AGREEMENT

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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - L3Harris Technologies, Inc. - Public Services - ID: 7309

MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and L3Harris Technologies, Inc., hereinafter referred to as the Contractor, having its principal place of business at 1025 West NASA Blvd., Melbourne, FL 32919.

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.

ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.

ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. HGAC will request such a determination only if Contractor bears all costs for preparation of the submission.

H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.

ARTICLE 4: INDEPENDENT CONTRACTOR
DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H-GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.

ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/primesubcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.

ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Aug 01 2021 and ends Jul 31 2023.

All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.

ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.

ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.

ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.

ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.

ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.

ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.

Exemption certificates will be provided upon request.

ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. HGAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.

Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.

ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.

ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.

C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.

D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245