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9 Project No. CIP 5744
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Hemet
By:
Mark Prestwich, City Manager
CONTRACTOR:
4 Granite, Inc.
By:
Name:
Its:
By:
Name:
Its:
ATTEST:
By:
John Maier, City Clerk Contractor’s City Business License No.
APPROVED AS TO FORM:
By:
Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
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EXHIBIT A
CONTRACT DOCUMENTS
1. City of Hemet Contractor Agreement
2. Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council
3. Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
4. Bid Schedule(s)
5. Addenda and/or Bulletins
6. Plans
7. Special Provisions (Specifications)
8. General Conditions
9. General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented
10. State Standard Specifications
11. State Standard Plans
12. Permits issued by jurisdictional regulatory agencies
13. Electric, gas, telephone, and cable television company specifications and standards
14. Notice of Award
15. Notice to Proceed
16. Certificate(s) of Required Insurance and Worker’s Compensation Insurance
17. Security for Payment (Labor & Materials) and Performance
18. Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.
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EXHIBIT B
CONTRACT PRICE
Not to Exceed One Million One Hundred and Ninety-Three Thousand Four Hundred and FiftyFive Dollars and Thirty-Two Cents $1,193,455.32 The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
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EXHIBIT C
INSURANCE
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.
3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.
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.
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5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.
7. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
8. 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.
9. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
10. 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.
11. 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.
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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.
12. 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.
13. 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.
14. 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.
15. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to 4 Granite, Inc. as Principal, dated the 13th day of November, 2024 (the Contract), titled the City of Hemet Civic Center Parking Lot Improvements - CIP 5744 in the amount of $1,193,455.32, which Contract is by this reference made a part hereof, for the work of the following Contract:
Civic Center Parking Lot Improvements - CIP 5744
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 ($1,193,455.32, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated November 13th, 2024 is in the amount of $1,193,455.32 (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 4 Granite, Inc. (Contractor), (Surety), CITY OF HEMET (Owner), or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
4 Granite, Inc.
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Civic Center Parking Lot Improvements - CIP 5744, dated November 13th, 2023, in the amount of $1,193,455.32.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
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BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph
4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Nov 12 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
Adopt a Resolution Awarding an Agreement to Citygate Associates in an Amount-Not-To-Exceed $99,605 for a Development Review Process and Staffing Study RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution Awarding an Agreement to Citygate Associates in an Amount-Not-To-Exceed $99,605 for a Development Review Process and Staffing Study BACKGROUND:
The City Council's Fiscal Year 2024-25 Strategic Plan Action Items includes a "highest priority" task to conduct an independent staffing study and professional review of the City's development review process. The purpose of the study is to identify recommendations on optimal staffing levels and solutions to optimize the development review process by streamlining procedures, orderly development process workflow, and enhancing the customer's overall experience.
The volume of residential, commercial, and industrial development applications is quite significant, with more than 5,000 single family residential units, multiple commercial projects, and 6 million square feet of industrial development applications with active applications.
The City's Community Development Department, Public Works Department, and Department of Life and Safety under the Hemet Fire Agency will be reviewed as a part of this study.
ANALYSIS:
The City issued a Request for Proposals (RFP) on September 26, 2024 and four proposals were received by the October 21, 2024 submittal deadline by the following firms:
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Firm Proposed Cost
MGT $89,483
Baker Tilly $92,000
Citygate Associates $99,605
Partners in Public Innovation $239,315
Interviews were held with the three lower cost firms on November 4, 2024 with a panel consisting of the City Manager, Public Works Director/City Engineer, Community Development Director, Chief Building Official, and City Council Business Outreach Ad Hoc Members Mayor Males and Mayor Pro Tem Peterson.
Given the extensive subject matter expertise and experience of the project team with similar California studies, and the cost-effectiveness of the proposal, the interview panel is recommending the City partner with Citygate Associates for this important study.
The scope of work consists of the following broad tasks and related deliverables and is expected to be completed within six months.
Task 1: Project Launch + Review of Documents, Policies, and Procedures Task 2: Internal and External Stakeholder and Customer Interviews Task 3: In-depth Operational, Staffing, and Policy Analysis Task 4: Preparation/Review of Draft Report and Implementation Plan Task 5 Final Report and Implementation
The project will include a Mid-Project Review to discuss preliminary findings before preparation of the Draft Report.
PREVIOUS COUNCIL ACTION:
The City Council's approved Fiscal Year 2024-25 Strategic Plan Action Items includes a "highest priority" task to conduct an independent staffing study and professional review of the City's development review process.
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:
The City has budgeted $100,000 for this study in the Fiscal Year 2024-25 budget which provides adequate resources to fund this agreement.
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ALTERNATIVE(S):
Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1 - Citygate Associates Resolution
Attachment 2 - Draft Professional Services Agreement - Citygate Associates
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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, AWARDING AN AGREEMENT
TO CITYGATE ASSOCIATES, LLC IN AN AMOUNT NOT
TO EXCEED $99,605 FOR A DEVELOPMENT REVIEW
PROCESS AND STAFFING STUDY
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 (“City”) City Council's Fiscal Year 2024-25 Strategic Plan Action Items includes a "highest priority" task to conduct an independent staffing study and professional review of the City's development review process; WHEREAS, the purpose of the study is to identify recommendations on optimal staffing levels and solutions to optimize the development review process by streamlining procedures, orderly development process workflow, and enhancing the customer's overall experience; and
WHEREAS, the City's Community Development Department, Public Works Department, and Department of Life and Safety under the Hemet Fire Agency will be reviewed as a part of this study.
WHEREAS, the City conducted a Request for Proposal process in September and October 2024, resulting in the submittal of four proposals and the interview of three firms; and
WHEREAS, the extensive subject matter expertise and experience of the project team with similar California studies, and the cost-effectiveness of the proposal, the
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interview panel is recommending the City partner with Citygate Associates for this important study.
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 hereby approves the Small Government Enterprise License Agreement (SGEA) with Environmental Systems Research Institute, Inc. (ESRI) in the amount Not to Exceed $187,200.00 over 3 years.
SECTION 3. ORDERS – The City Council hereby authorizes the City Manager to execute all documents, Agreements and Purchase Orders related to award of a City Agreement to Citygate Associates, LLC in the Amount of $99,605.00.
SECTION 4. EFFECTIVE DATE – This resolution shall become effective on November 12, 2024.
PASSED, APPROVED AND ADOPTED this 12nd day of November, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of November, 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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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
CITYGATE ASSOCIATES, LLC
A CALIFORNIA LIMITED LIABILITY CORPORATION
AGREEMENT # [***INSERT AGREEMENT #***]
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PROFESSIONAL SERVICES AGREEMENT
FOR [INSERT DESCRIPTION OF SERVICES, E.G. JANITORIAL SERVICES OR MATERIALS/EQUIPMENT FOR PURCHASE]
BETWEEN THE CITY OF HEMET AND CITYGATE ASSOCIATES, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this [____] day of [________], 20[__] (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and [Citygate Associates, LLC], a California limited liability company] (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by request for proposals the a development review process and staffing study of the Community Dev [Insert description of services, e.g. janitorial services or materials/equipment for purchase] defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through December 31, 2025, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties.
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00092061.2
(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $99,605 (“Not to Exceed Amount”) unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) 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 Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (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.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred,
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will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and
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assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or
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against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies, and practices of the City. Neither City nor any elected or
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appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant 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 of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position
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of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents
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(“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the negligence or willful misconduct of the Indemnified Parties.
(b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute a material breach of this Agreement entitling City to any and all
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remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume
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performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Consultant: [Insert Vendor’s Name]
Attn: [Insert Appropriate Party]
[Address Line]
[Address Line]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
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SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
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SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
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Signature Page
PROFESSIONAL SERVICES AGREEMENT
FOR REVIEW OF THE CITY OF HEMET’S DEVELOPMENT REVIEW PROCESS AND STAFFING STUDY
BETWEEN THE CITY OF HEMET AND CITYGATE ASSOCIATES, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
Task 1: Initiate and Manage the Project
Task I: Initiate and Manage Project
Citygate will meet virtually with City officials to initiate the study and enhance understanding of the context for the analysis and issues facing the City. We will correlate our understanding of the study’s scope and ensure that our Work Plan and project schedule are mutually agreeable.
During this meeting, Citygate will also:
Provide an agenda, minutes, a project goals memorandum, and revised schedule and Work Plan, if necessary.
Review the availability of the documents outlined in Task 2 and any other documents the City deems appropriate.
Solicit City input regarding employees in partner departments, external agencies, and outside consultants with responsibility for steps in the process who should be included in the interviews. We will discuss the list of internal staff to be interviewed in Task 3 and the list of stakeholders and customers that staff recommend be interviewed in Task 4.
Monthly Status Reports
Throughout the entire project duration, we will monitor engagement progress and completion of tasks, including providing monthly status reports and other communications, as needed, to relevant City and partner department leadership.
Procedures
Task 2: Review Documents, Policies, and Procedures
During the initial review of operations, Citygate requests and will review the following documents:
Organizational chart, mission, goals, and objectives of the key functions within the partner departments that participate directly in the review and permitting process.
Current process maps, policies, and procedures.
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Exhibit A – Scope of Services
Page | 2
Current and historical workload data, current work plans, and anticipated workload projections for each function, and for any contract staff or relevant consultants.
Existing and anticipated performance metrics.
Structure and skillset of current and anticipated staffing for each function. City’s current strategic plan and current General Plan to assess alignment with broad Council goals.
Other documents as deemed relevant by staff.
Based on the outcome of this data gathering, Citygate will develop an overall process profile of the Community Development Department, the Public Works / Engineering Department, and the Fire Department / Department of Life Safety; of the City’s development review processes; and the efficacy of coordination and cooperation between all departments and divisions with a stake in the development review process to identify areas for improvement. Once data and document review is complete, Citygate will be prepared to conduct focused interviews in Tasks 3 and 4.3: Conduct Internal Stakeholder Interviews
Task 3: Conduct Internal Stakeholder Interviews
Gathering feedback from internal stakeholders regarding current operations and how they might be improved is critical to identifying opportunities for streamlining and transparency.
For this task, Citygate will interview City Council members, Planning Commission, and City staff. Citygate will:
Conduct on-site interviews with key City staff identified from development review process-involved partner departments to gain their insight on various aspects of the operational processes. Interviews may be held in groups or teams to facilitate the sharing of different perspectives and ideas. All comments will be kept anonymous to ensure participants feel comfortable sharing their honest viewpoints.
Citygate will also conduct interviews with Council members to enhance our understanding of their perspectives of the issues being reviewed.
Task 4: Conduct External Stakeholder and Customer Interviews
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Exhibit A – Scope of Services
Page | 3
After gathering input from internal stakeholders in Task 3, Citygate will then gather feedback from external stakeholders and customers as the next essential component of improving the process. Customers and staff may agree on areas in need of improvement but are more likely to see different issues. Citygate will:
Conduct on-site interviews using a staff-developed, targeted list of stakeholders and customers (up to approximately 15) including the Chamber of Commerce, residents, and customers with long-term and regular contact with partner departments, including customers who have reported negative experiences with the permit process and/or other service delivery in the Department, to understand their expectations and perceptions of the development review services provided by the City.
➢ Citygate will document developer and customer challenges when submitting an application.
➢ Citygate will assess and review current processes by identifying areas of strength and areas that need improvement.
Citygate will correlate this customer information with known operational data and staff perspectives regarding timeliness and quality of service.
Task 5: Conduct In-Depth Operational, Staffing, and Policy Analysis Task 5: Conduct In-Depth Operational, Staffing, and Policy Analysis Once the overall process profiles have been developed and stakeholder input has been received and assessed, Citygate will evaluate the City’s current and projected workload/application volume and review the City’s current development review / planning application / inspection process. Citygate will perform an in-depth analysis of the City’s operations, staffing, and policy as they relate to the development review process.
Operational Analysis
For this analysis, Citygate will document the primary inputs, outputs, and sub-processes involved in key operations. Bottlenecks; redundant systems; inadequate controls; inefficient procedures; insufficient staffing, skillsets, or training; and opportunities for additional technological enhancements will be identified. This will allow Citygate’s Project Team to evaluate the current practices, procedures, and performance standards of the City’s development functions for conformance with industry “best practices” and legal requirements.
Citygate will analyze processes, time cycles, interdepartmental communication, and technology to identify issues impacting the length of time required for a project to move through the entire development services review
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Exhibit A – Scope of Services
Page | 4
process including planning entitlement approvals, plan review, permit issuance, and inspections.
Staffing Analysis
Citygate will also evaluate the organizational structure of partner departments, including the types and number of positions (both in-house and contract) needed to meet workload and performance standards. As part of this analysis, we will:
Identify the decision-maker authority within each step of the development review process.
Review the interdepartmental organizational structure and whether it supports or obstructs the current services and processes related to the development review process.
Analyze productivity and level of staffing in relation to workload. Review the current staff training procedures and model any succession planning currently in place.
Citygate will conclude this task by identifying where organizational and operational performance and service levels can be enhanced and will identify performance metrics to help establish and ensure goals continue to be met.
Policy Analysis
Citygate will perform an analysis of the policies gathered during Task 2. Citygate will:
Review and provide recommendations on policy documents that can be improved to better align the type and quality of projects that are being approved with the expectations of policy makers.
Review and evaluate the role, timelines, and effectiveness of the Zoning Administrator, Planning Commission, Administrative Hearing Officer, Transportation, Mobility and Infrastructure Commission, Environment and Utilities Commission, and City Council as a project moves through these processes, if applicable.
Review and evaluate the role and timelines of the Project Review Committee as a project moves through this process.
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00091740.2
Exhibit A – Scope of Services
Page | 5
Review post-planning permit entitlement and building permit processes to ensure project amendments or field changes during construction and completed projects comply with approvals and project plans. Task 6: Conduct Mid-Project Review
Task 6: Conduct Mid-Project Review
Citygate will generate preliminary findings and recommendations for thorough review in a virtual meeting with appropriate City personnel before preparing the Draft Report and accompanying Implementation Plan. Since our recommendations may include changes to support and maintain new processes, procedures, and/or organizational structure and staffing, it is important to create mutual understanding before writing the Draft Report.
The objective of this review is to surface any additional information, questions, or concerns that need to be addressed; solicit staff-level suggestions for implementing the recommendations; and, to the degree possible, obtain staff-level “ownership” of the recommendations that will be included in the Draft Report and Implementation Plan. Citygate will utilize a Microsoft PowerPoint presentation to review the preliminary conclusions and proposed recommendations of our study. This will also provide an opportunity for the City and consultants to perform factchecks and make any necessary mid-course corrections before Citygate’s recommendations are finalized. Citygate values transparency and maintains an ethic of “no surprises” where our reports are concerned. This is another reason we place a high value on performing a Mid-Project Review. Task 7: Draft Report and Implementation Plan Delivery and Review Task 7: Draft Report and Implementation Plan Delivery and Review Citygate will prepare a Draft Report with findings, recommendations, and a proposed Implementation Plan framework. Ample time will be provided for the City to review the Draft Report.
Upon completion of the Draft Report, an electronic version in MS Word will be sent to the City’s Project Manager for comments utilizing the “Track Changes” and “Insert Comment” tools in Microsoft Word, as well as to discuss the proposed recommendations and strategy internally and with Citygate’s consultants.
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00091740.2
Exhibit A – Scope of Services
Page | 6
Discuss Draft Report with partner department leadership via a videoconference meeting.
➢ Citygate’s normal practice is to review the Draft Report with management personnel to ensure that the factual basis for our recommendations is correct and to allow time for a thorough review. In addition, Citygate takes time to discuss any areas that require further clarification or amplification. It is during this time that understandings beyond the written text can be communicated. ➢ Citygate will facilitate a videoconference review of the Draft Report with key staff as identified by the City.
Per the City’s RFP, Citygate’s recommendations will be supported by best practices and/or evidence-based operational practices (including an objective assessment of the Community Development Department, Public Works Department, and Department of Life Safety [Fire] staff involved in the development review process) including:
Existing conditions analysis.
Recommendations for optimal staffing levels and classifications to meet the volume and complexity of work demands.
Identification of bottlenecks and/or inefficiencies.
Recommendations to improve the overall development review process and customer experience.
Identification of implementation procedures for agreed-upon changes.
The proposed Implementation Action Plan will include recommendations for process and organizational effectiveness including:
Organizational structure changes, including but not limited to possible staffing changes, reclassifications, and augmentations necessary to provide timely development review and permitting services to the community.
Recommendations to improve service delivery and/or cost effectiveness and the resolution of operational challenges.
Performance measures, metrics and timelines for evaluating whether and to what extent recommendations are being implemented or successfully ongoing (as necessary).
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00091740.2
Exhibit A – Scope of Services
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Consistent and reasonable timeframes and workflow following the completeness review for all departments to provide project review comments. Recommendations to alleviate developer challenges and/or improvements to the customer experience through the entire development review and permitting process.
Recommendations for maximizing use of staff time and more efficient use of resources.
Task 8: Final Report and Implementation Plan Delivery and Presentation
Task 8: Final Report and Implementation Plan Delivery and Presentation Once Citygate receives the City’s comments, Citygate will prepare a Final Report including an Executive Summary and Implementation Plan. Citygate’s Implementation Plan will emphasize incremental change and any possible “quick wins” for the City.
Implicit in this process is the need for a sound understanding of how the review was conducted, what issues were identified, why the recommendations were made, and how implementation should be accomplished.
As detailed in the introduction to this Work Plan, Citygate’s Final Report will provide recommendations on optimal staffing levels and solutions to optimize development by streamlining procedures, orderly development workflow, and enhancing customer service/experience related to the Community Development Department, the Public Works / Engineering Department, and the Department of Life Safety (Fire), including all divisions and functions as detailed in the City’s RFP. Following the delivery of our Final Report, Citygate will present our Final Report to the City Council and other key City stakeholders. ➢ Utilizing a Microsoft PowerPoint presentation, we will present the key findings and recommendations of our report. This presentation will be delivered virtually via videoconference to an
audience of the Department’s/City’s choosing or, if desired by the City, on-site by members of our core Project Team.
➢ Citygate’s presentation will include: a summary of the nature of the report, the methods of analysis, the primary findings,
and critical recommendations; an overview of the
Implementation Plan; and opportunity for questions and answers.
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00091740.2
Exhibit A – Scope of Services
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➢ All presentation materials, files, graphics, and written materials will be provided to the City at the conclusion of the presentation.
IMPLEMENTATION-FOCUSED RESULTS AND ONGOING SUPPORT
Citygate’s Final Report will emphasize and focus on implementation, and will include a finalized Implementation Plan tool for the City’s monitoring of progress. Citygate’s specific recommendations will be presented in tabular form, beginning with a description of each recommendation, followed by a priority ranking of its importance, a specific timeline for implementation, the anticipated benefits of implementing the recommendation, and identification of the individual or the entity responsible and accountable for implementing the recommendation.
Given Citygate’s commitment to implementation, at no additional cost to the City, Citygate will provide unique, one-of-a-kind, supplemental aftermarket care and service.
To further maximize retention and resulting implementation efforts of Citygate’s Final Report, Citygate will provide a fully produced “podcast”-style audio module (AudModTM) that is specifically tailored to the City of Hemet, summarizing key points and recommendations from Citygate’s report with added narrative context.
Six months or one year after report delivery, at City’s option, Citygate will come back, meet with City staff and representatives from the community, and re-evaluate each of the recommendations in the report. Citygate will assess what is and is not working and what additional efforts may be necessary to produce the desired outcomes for the recommendations in the Final Report.
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00091740.2
Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
Compensation for the Services shall not exceed $99,605. 10% of the project cost shall be advanced at the execution of the contract, to be used to offset start-up costs. The advance will be credited to the last invoice.
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00091740.2
Exhibit C – Insurance
Page | 1
EXHIBIT “C”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
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00091740.2
Exhibit C – Insurance
Page | 2
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
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, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on
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00091740.2
Exhibit C – Insurance
Page | 3
a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies
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00091740.2
Exhibit D – Federal Provisions
Page | 1
EXHIBIT “D”
FEDERAL PROVISIONS
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Nov 12 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
Second Reading and Adoption of Ordinance 2046 Approving Formation and Levy of Special Taxes for City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance); Designate Future Annexation Area and to Authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) Generally Located: Zone 1 North of Stetson Avenue and East of Gilbert Street; Zone 2: South of Florida Avenue, East of Juanita Street, West of Buena Vista Street and North of Kimball Avenue RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Waive further reading and adopt an Ordinance entitled, An Ordinance of the City Council of the City of Hemet, California, acting in its capacity as the legislative body of City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) authorizing the levy of a special tax therein.
BACKGROUND:
On September 10, 2024 the City Council took the first step in the process of forming Community Facilities District (CFD) 2024-01 (Public Facilities Maintenance) (“CFD No. 2024-01”). At that time the City Council adopted a Resolution of Intention, Resolution No. 2024-169, to form CFD No. 2024-01 and to authorize the levy of a special tax. At that meeting the City Council set October 22, 2024 as the date for this public hearing.
The State Legislature enacted the Mello-Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The owners/developers, GTY Auto Service (dba Sunny Express Carwash) and General Telephone Company of California (dba Frontier California, Inc), requested that the City assist them in forming a district in order to cover the costs associated with the maintenance of public improvements within the proposed project area which is projected to include Zone 1: 1 carwash and Zone 2: 2 commercial buildings at buildout. The CFD was formed in order to fund the ongoing maintenance of the following:
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Lighting: Maintenance of street lights and other lighting of parks, parkways, streets, roads and open space include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards. Streets and Roadways: Maintenance of streets and roadways including slurry seal, asphalt overly, and other similar maintenance.
Landscaping and Irrigation: Maintenance of landscape vegetation situated on or adjacent to parks, parkways, streets, roads, and open space, including maintenance and repair of irrigation facilities.
Public Signage: Maintenance of public signage.
Graffiti Removal: Graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space.
Park Facilities: Maintenance and repair of playground or recreation program equipment or facilities situated on any park.
Water Quality, Drainage, and Flood Control Facilities: Maintenance and operation of water quality improvements such as storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, fossil fuel filters, infiltration basins, flood control channels, and similar facilities.
Public Street Sweeping: Public street sweeping on the segments of the arterials within the boundaries of CFD 2024-01, as well as local roads within residential subdivisions located within CFD 2024-01; and any portions adjacent to the properties within CFD 2024-01. All other related services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement; and Levy and collect the special tax to fund these services.
CFD No. 2024-01 also designated a Future Annexation Area to allow future developments to be annexed into the CFD, with the unanimous vote of 100% of the property owners, with only a single City Council meeting action. This will expedite and lower the cost of future annexations.
ANALYSIS:
Special Tax Zone 1 (PM 14318) will have a Maximum Special Tax of $2,493.00 per acre for NonResidential property. Special Tax Zone 2 (PM 36566) will have a Maximum Special Tax of $823.00 per acre for Non-Residential property. The Maximum Special Tax rates shall increase annually based on the percentage increase in the Consumer Price Index each March, with a maximum annual increase of 6% and a minimum annual increase of 2%.
PREVIOUS COUNCIL ACTION:
On August 23, 2005, the City Council considered and approved goals and policies concerning Community Facility Districts.
On September 10, 2024, the City Council adopted Resolution 2024-169, Resolution of Intention (ROI) to establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance)
On October 22, 2024, MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to: Waive full reading, read by title only, and introduce an Ordinance 2046 entitled, An Ordinance of the City Council of the City of Hemet, California, acting in its capacity as the legislative body of City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) authorizing the levy of a special tax therein, as amended to update the Ordinance, striking through duplicative language on lines 15-16, section referencing “Resolution of Intention (Resolutions of Intention).”
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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.
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:
The property owners have filed a petition representing their willingness to move forward and have submitted a deposit to pay for City costs incurred in connection with the formation of the District. After the district is formed, a special tax lien will be recorded on the property within the District and the individual property owners shall be responsible for the annual payments of special taxes. The City will file the annual special tax to be collected with the County Auditor-Controller for placement on the property tax bills.
The City’s annual cost to administer CFD No. 2024-01 will be reimbursed through the special taxes charged to property owners. The revenue from the annual special tax will be deposited into a fund for CFD No. 2024-01 and will be used to pay said administrative expenses and for the maintenance services listed above.
No parcels in the District will be taxed for fiscal year 2024-2025; therefore, it is expected both the revenue and expenses will be part of the City’s FY 2025-2026 Adopted Budget. There is no anticipated impact to the General Fund in FY 2024-25. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by CFD No. 2024-01.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☒ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1: Ordinance 2046 - Community Facilities District No. 2024-01 (Public Facilities Maintenance)
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CITY OF HEMET ORDINANCE NO. 2046 1
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CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE) AUTHORIZING
THE LEVY OF A SPECIAL TAX THEREIN
WHEREAS, on September 10, 2024, the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) and to authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance)” (the “Resolution of Intention”), called the “Resolution of Intention” (Resolutions of Intention), stating its intention to form Community Facilities District No. 2024-01 (Public Facilities Maintenance) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental expenses, to serve the CFD; and
WHEREAS, the Resolutions of Intention set October 22, 2024 at 7:00 p.m., or as soon thereafter as practicable, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and
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CITY OF HEMET ORDINANCE NO. 2046 2
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WHEREAS, a notice of public hearing was published and sent to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing, evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and
WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District” (the “Resolution of Formation”) which established the CFD and authorized the levy of a special tax within the CFD; and
WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled “Resolution of the City Council of the City of Hemet, California, Calling a Special Election and Submitting to the Qualified Electors of City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a
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CITY OF HEMET ORDINANCE NO. 2046 3
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Special Tax Within the Community Facilities District” (the “Resolution Calling Election”) which called a special election of the qualified electors within the CFD; and WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and
WHEREAS, on October 22, 2024, the City Council adopted a resolution entitled “Resolution of the City Council of the City of Hemet, California, Declaring the Results of a Special Election in the City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) and Directing the Recording of a Notice of Special Tax Lien” (the “Resolution Declaring Results of Election”) which certified the results of the October 22, 2024 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Authorization of the Levy of a Special Tax. By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.
3. Annual Rate Determination. The City Council is hereby further authorized
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CITY OF HEMET ORDINANCE NO. 2046 4
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to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.
4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.
6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In
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CITY OF HEMET ORDINANCE NO. 2046 5
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addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments.
7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.
8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.
SECTION 1: PUBLICATION.
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c).
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CITY OF HEMET ORDINANCE NO. 2046 6
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INTRODUCED at the regular meeting of Hemet City Council on October 22, 2024.
APPROVED AND ADOPTED this 12th day of November, 2024.
_________________________
Joe Males, Mayor
ATTEST:
_________________________
John Paul Maier, City Clerk
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CITY OF HEMET ORDINANCE NO. 2046 7
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance was introduced and first read on the 22nd day of October 2024, and had its second reading at the regular meeting of the Hemet City Council on the 12th day of November, 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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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Nov 12 2024
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Administrative Services Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Fourth Amendment in the Amount Not-To-Exceed $97,750.00 Per Calendar Year and Extending the Term for Up to an Additional Two Years with Infosend, Inc. for the Printing, Mailing, and Materials for Utility Billing and Customer Outreach and Authorizing the City Manager to Execute the Agreement.
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
A Resolution of the City Council of the City of Hemet, California, Approving the Fourth Amendment in the Amount Not-To-Exceed $97,750.00 Per Calendar Year and Extending the Term for Up to an Additional Two Years with Infosend, Inc. for the Printing, Mailing, and Materials for Utility Billing and Customer Outreach and Authorizing the City Manager to Execute the Agreement.
BACKGROUND:
On April 28, 2020, the City entered into a Professional Services Agreement with Infosend, Inc. to print, mail, and provide materials for the City's utility bills and customer outreach for a term through December 31, 2021, with one (1) three (3) year option to extend.
On August 4, 2022, the first amendment to the Professional Services Agreement with Infosend, Inc. amended the option to extend with a new term date of December 31, 2024, and a contract amount not to exceed $182,000 for three years.
On July 11, 2023, the second amendment to the Professional Services Agreement with Infosend, Inc. amended the contract amount not to exceed to $285,000.
On September 10, 2024, the third amendment to the Professional Services Agreement with InfoSend, Inc. amended the contract amount not to exceed to $297,000.
ANALYSIS:
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InfoSend has been providing the City with the professional services of printing and mailing the City's utility bills for several years. The cost for their service during the fiscal year 2023-24 was approximately $67,000, which included the supplies, printing and postage of an average of 9,500 utility accounts per month.
DISCUSSION:
The current InfoSend contract is due to terminate on December 31, 2024, but until the City's new Enterprise Resource Planning (ERP) software system is fully in place with the Financial and Utility Billing modules, the City will still need the services of printing and mailing utility bills.
Upon approval, the Fourth Amendment will go into effect on January 1, 2025 to allow for the City to continue services with a not-to-exceed amount of $97,750.00 per calendar year through the duration of the contract terms scheduled through December 31, 2026. Should the ERP system be in place before the end of the two year term, the City may exercise its option to cancel these services early by issuing a 30 day written notice of termination.
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 is no additional fiscal impact. Funding for these services have been established in Fiscal Year 2024-25 Council-approved budget in the following account lines:
571-9000-2255
254-4600-2255
254-4650-2265
ATTACHMENT(S):
Attachment 1: Resolution
Attachment 2: Agreement
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING THE FOURTH
AMENDMENT IN THE AMOUNT NOT-TO-EXCEED
$97,950.00 PER CALENDAR YEAR AND EXTENDING
THE TERM FOR UP TO AN ADDITIONAL 2 YEARS WITH
INFOSEND, INC. FOR THE PRINTING, MAILING, AND
MATERIALS FOR UTILITY BILLING AND CUSTOMER
OUTREACH AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, on April 28, 2020, the City and Infosend, Inc. entered into a Professional Services Agreement for the printing, mailing and materials for utility billing and customer outreach; and
WHEREAS, on August 4, 2022, the City and Infosend, Inc. entered into a First Amendment to the Professional Services Agreement for the printing, mailing and materials for utility billing and customer outreach with an additional one (1), three (3) year options to extend with a new term date of December 31, 2024; and WHEREAS, on July 11, 2023, the Second Amendment to the Professional Services Agreement with Infosend, Inc. amended the contract amount not to exceed $285,000; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, on September 10, 2024, the Third Amendment to the Professional Services Agreement with Infosend, Inc. amended the contract amount not to exceed $297,000; and
WHEREAS, to continue to provide utility billing services through Infosend, Inc. until the new ERP system is in place, or through December 31, 2026, whichever comes first, the Professional Services Agreement needs an additional increase of $97,750 per calendar with a term extension of up to 2 years.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. Approval of the Fourth Amendment with InfoSend, Inc. for up to 2 additional years in the amount Not to Exceed $97,750 per calendar year.
SECTION 3. Authorizing the City Manager to Execute the Agreement.
SECTION 4. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED this 12th day of November, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of November, 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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00091753.1
FOURTH AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
INFOSEND, INC.
A CALIFORNIA CORPORATION
DATED: NOVEMBER 13, 2024
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00091753.1 Page | 1
FOURTH AMENDMENT TO AGREEMENT
This Fourth Amendment to the Agreement for Professional Consultant Services for Print, Mail, and Materials for Utility Billing and Customer Outreach is made and entered into as of this 13th day of November, 2024, by and between the City of Hemet (“City”), a California municipal corporation and InfoSend, Inc., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City and Consultant entered into an agreement entitled “Agreement for Professional Consultant Services” dated April 29, 2020 (“Agreement”) for the purpose of retaining services of Consultant to provide Print, Mail, and Materials for Utility Billing and Customer Outreach
B. On August 4, 2022, the First Amendment exercised the first option to extend the term of the contract from December 31, 2021 to December 31, 2024.
C. On July 13, 2023, the Second Amendment amended Attachment B to increase the total not to exceed compensation amount from $4,536 per month to $285,000.00 for the term of the contract.
D. On September 12, 2024, the Third Amendment amended Attachment B to provide that the Compensation shall not exceed Two Hundred and Ninety-Seven Thousand Dollars ($297,000.00).
NOW, THEREFORE, pursuant to Section 6 of the Agreement, the Parties desire to enter into this Fourth Amendment which modifies and amends the Agreement as follows:
1. Section 1.0, Term of Agreement, is hereby amended at subsection (1) to extend the term of the agreement through December 31, 2026.
2. Attachment “B” is hereby deleted in its entirety and replaced with Attachment “B-1”, attached hereto and incorporated herein.
3. All other terms and conditions of the Agreement between the Parties not inconsistent with this Fourth Amendment shall remain in full force and effect.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:
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00091753.1 Page | 2
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 [TERM OF AGREEMENT]. Section 1.1 of the Agreement is hereby amended to extend the term of the agreement through December 31, 2026.
1.2 [PAYMENT FOR SERVICES]. Attachment “B” of the Agreement is hereby replaced with Attachment “B-1”, attached here to and incorporated herein.
2. MANDATORY INVOICE INFORMATION/NOTICES.
Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.
3. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.
4. INTEGRATION. This Amendment consists of pages 1 through 4, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.
5. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.
7. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.
8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]
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00091753.1 Page | 3
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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00091753.1 Page | 4
ATTACHMENT “B-1”
PAYMENT FOR SERVICES
Compensation for the Services shall not exceed Ninety-Seven Thousand Seven Hundred and Fifty Dollars ($97,750.00) per calendar year.
Statements
$0.0854 Statement Data Processing/Print/QC/Mail Prep Service $0.0173 8.5 x 11 Forms
$0.025 Standard #10 Outgoing Envelope
$0.022 Standard #9 Return Envelope
Total $0.1497
Other Pricing and Misc. Fees:
$0.19 9 x 12 Large Flat Envelope
$0.38 Multiple Page Mail Piece Surcharge (No Change)
$0.0116 Print Image Archiving - 12 months Retention
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Nov 12 2024
Department: Information Technology
Submitted by: Mark Prestwich, City Manager
Gus Chavez, IT Specialist I;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the purchase and replacement of network uninterruptable power supplies by ICS Intelesys Incorporated utilizing the Omnia PoP Contract through Safeware Incorporated in the Amount of $101,440.79; Approve a 20% contingency in the amount of $20,288.15; Authorize the Administrative Services Director to record a Supplemental Appropriation in the amount of $121,728.94 in Fund 680; and Authorize the City Manager to Execute Purchase Orders and all Other Supporting Documents Related to this Purchase RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve the purchase and replacement of uninterruptable power supplies by ICS Intelesys Incorporated utilizing the Omnia PoP Contract 159469 in the Amount of $101,440.79; Approve a 20% contingency in the amount of $20,288.15; Authorize the Administrative Services Director to record a Supplemental Appropriation in the amount of $121,728.94 in Fund 680; and Authorize the City Manager to Execute Purchase Orders and all Other Supporting Documents Related to this purchase.
BACKGROUND:
During the Network and Telephone Modernization Capital Improvement Project (CIP) 5738, the need to replace existing Uninterruptable Power Supply (UPS) units was determined. These units are located in main distribution frame (MDF) and intermediate distribution frame (IDF) locations commonly found in server rooms and data wire closets.
The existing UPS units range in age from 5 to 9 years in age. Due to their age, new replacement batteries are no longer available from the manufacturer.
Additionally, many existing IDFs were upgraded and one new IDF location was added during CIP 5738. None of these locations currently have UPS units. These locations include:
Fire Station 1
Fire Station 2
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Fire Station 3 Apparatus Bay
Fire Station 3 Front Office (new)
Fire Station 4
Fire Station 5
Covell Fire Administration
Corporation Yard Mechanics Shop Mezzanine
Corporation Yard Water Shop
Corporation Yard Sign Shop
These UPS units supply battery backup power for mission critical wired and wireless network equipment within City Facilities. Their purpose is to supply brief (15 to 30 minutes) emergency power to keep critical infrastructure operational during power outages. This is enough time for diesel or propane generators to come online and transfer the power load of the facility from Southern California Edison (SCE) grid power over to generator power.
This project will replace and install new UPS units throughout the City that support our network infrastructure. This includes network configuration, alerting configuration, unit testing and removal of old UPS units.
ANALYSIS:
The need for the replacement and new UPS units was advised by the vendor (ICS Intelesys Incorporated) currently performing the physical installation of wired and wireless networking equipment in CIP 5738.
Due to their knowledge of the equipment these devices will protect, our facilities where they are needed, and their ability to utilize the same purchasing contract as CIP 5738, ICS Intelesys Incorporated was asked to provide a quote. By utilizing the same vendor this work can be expedited with minimal delay needed to research equipment and facility capabilities.
The decision to handle this as a separate project was made due to cost. The cost involved in replacing and adding new UPS units exceeded the amount of contingency funding established under CIP 5738.
DISCUSSION:
UPS units play a critical role in maintaining continuity of operations in City facilities. These facilities rely on network equipment to support public services, administrative operations, emergency systems and communications infrastructure.
CIP 5738 has merged all wired, wireless and telephone communications over our new network infrastructure. In addition to computers and servers, this equipment supports:
Business voice telephone lines and physical phones at all City facilities Fax lines at City facilities
Emergency panic buttons at City facilities
Emergency ring-down circuits between fire stations and dispatch Fire station external emergency call boxes
Fire station WestNet emergency call alerting
In-Building Wi-Fi at all City facilities
Cashiering
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SCADA (Water/Wastewater/Vehicle Fueling) access and alerting 911 dispatch call back telephone lines
Remote data & telephone communications to our public safety mobile command center Remote data & telephone communications to our Police substations Visitor counters and check-in systems
Building security cameras
Facility door access systems
Public meeting recording (video and audio)
Ensuring uninterrupted connectivity and availability of these systems is critical to City operations.
Additionally, UPS systems ensure the stability and longevity of our new network infrastructure by protecting it from damaging power surges and spikes.
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 2: Evaluate existing practices to ensure continuity with industry best practices.
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council adopted Strategic Action Item: Evaluate the IT function and future needs.
FISCAL IMPACT:
Funding for this project in the amount of $121,728.94 will come from I.T. Fund Balance (Fund No. 680).
As a result of the recommended action, the I.T. fund balance (Fund 680) of $1,959,364.21 will be reduced by $121,728.94, resulting in a remaining available fund balance of $1,837,635.27.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1 - UPS Resolution1
Attachment 2 - Intelesys Scope of Work 10-21-24
Attachment 3 - Intelesys Quote 10177745
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, APPROVING THE
PURCHASE AND REPLACEMENT OF NETWORK
UNINTERRUPTABLE POWER SUPPLIES BY ICS
INTELESYS INCORPORATED UTILIZING THE OMNIA
POP CONTRACT THROUGH SAFEWARE
INCORPORATED IN THE AMOUNT OF $101,440.79;
APPROVE A 20% CONTINGENCY IN THE AMOUNT OF
$20,288.15; AUTHORIZE THE ADMINISTRATIVE
SERVICES DIRECTOR TO RECORD A SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $121,728.94; AND
AUTHORIZE THE CITY MANAGER TO EXECUTE
PURCHASE ORDERS AND ALL OTHER SUPPORTING
DOCUMENTS RELATED TO THIS PURCHASE
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, During the Network and Telephone Modernization Capital Improvement Project (CIP) 5738, the need to replace existing Uninterruptable Power Supply (UPS) units was determined; and
WHEREAS, The existing UPS units range in age from 5 to 9 years in age. Due to their age, new replacement batteries are no longer available from the manufacturer; and
WHEREAS, The UPS units are located in main distribution frame (MDF) and intermediate distribution frame (IDF) locations commonly found in server rooms and data wire closets; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, many existing IDFs were upgraded and one new IDF location was added during CIP 5738. None of these locations currently have UPS units; and WHEREAS, UPS units supply battery backup power for mission critical wired and wireless network equipment within City Facilities; and
WHEREAS, The purpose of UPS units is to supply brief (15 to 30 minutes) emergency power to keep critical infrastructure operational during power outages; and WHEREAS, CIP 5738 has merged all wired, wireless and telephone communications over our new network infrastructure; and WHEREAS, Utilizing the OMNIA PoP Contract 159469 secures pricing and terms for purchases by participating public entities through publicly bid master agreements; and
WHEREAS, Ensuring uninterrupted connectivity and availability of these systems is critical to City operations; and
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 hereby approves the purchase and replacement of network uninterruptable power supplies by ICS Intelesys Incorporated utilizing the Omnia PoP contract through Safeware Incorporated in the amount of $101,440.79.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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SECTION 3. ORDERS – The City Council hereby authorizes the City Manager to execute Purchase Orders and all Other Supporting Documents Related to the Agreement.
SECTION 4. EFFECTIVE DATE – This resolution shall become effective on November 12, 2024.
PASSED, APPROVED AND ADOPTED this 12th day of November, 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 12th day of November, 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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Presenting
UPS Device Refresh
APC
Date: Oct 18, 2024
Contact: Aaron Betts, President
909-809-7332
[email protected]
Intelesys | Ontario, CA | (888) 546-8353 | www.it4ps.com
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Description - Fortinet Switches Qty List Price
Omnia Sell
Price Total
APC 1500VA RN 1U 120V Smart-UPS 12 $2,724.90 $1,187.50 14,250.00 APC 2200VA SRT 2U 120V Smart-UPS 11 $5,919.17 $2,579.55 28,375.00 APC 3000VA SRT 2U 120V Smart-UPS 8 $10,860.50 $4,732.95 37,863.64 $80,488.64
$ 12,790.23
$8,161.92
$101,440.79
*All products and services are bid at prevailing wage rates and associated payroll filing will be handled by Intelesys per DIR requirements. California DIR number 1000032005 expires 6/30/2026 LABOR
Program (31) New UPS devices with network access for remote support Replace (31) obsolete UPS units with supported Network Accessable APC UPS units.
Create a VLAN for UPS traffic segregation and network protection Hardware Total
Onsite after hours technician
Sales Tax
Project Total
Scope of Work - City of Hemet UPS Device Replacement - APC - Omnia Joint Purchase Vehicle Pricing
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Scope of Work: Programming and Installation of (31) New UPS Devices – City of Hemet
This document outlines the scope of work for the programming and installation of (31) New UPS Devices. The project aims to establish a robust power resiliency for critical network equipment in the event of a power outage at the City of Hemet.
Objectives:
Program and configure (31) UPS devices for remote access and management, providing city staff the ability to access the device remotely.
Tasks and Deliverables:
Pre-Installation Preparation:
Conduct site survey to assess life expectancy of existing UPS units, determining which can be upgraded and which need to be replaced.
Coordinate with city IT and other departments for scheduling the UPS replacement.
Procure necessary equipment.
Programming and Configuration:
Configure each UPS with an IP Adress in accordance with the city’s IT team for network access to the devices.
Implement a UPS VLANs to logically segment network traffic and enhance security.
Installation and Deployment:
Physically install (31) New UPS devices at designated locations within the organization's premises.
Ensure proper cable management and labeling to facilitate maintenance and troubleshooting.
Conduct thorough testing and verification to ensure the functionality and performance of each UPS.
Provide on-site support and assistance during the installation process to address any issues or concerns.
Documentation and Training:
Conduct training sessions for IT personnel to familiarize them with the remote access capabilities for the UPS devices
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Timeline:
The project is expected to be completed within 60 days after council approval, subject to any unforeseen delays or challenges encountered during implementation.
Resources:
Project Manager: Aaron Betts
Network Engineers: David Garcia, Charles Henigan
Installation Technicians: David Garcia, David Joyce, James Hunt Acceptance Criteria:
Successful programming and configuration of (31) New UPS Devices.
Implementation of UPS VLAN to segregate traffic and provide a layer of security.
Completion of installation and deployment activities within the specified timeline.
Provision of comprehensive documentation and training materials to support ongoing maintenance and operation.
This scope of work outlines the key tasks, deliverables, and expectations for the programming and installation of (31) New UPS Devices. By adhering to these guidelines, we aim to ensure the successful implementation of a refreshed UPS layer of protection for the city.
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Thank you for your consideration, please
contact us for any questions or clarifications.
Intelesys | Ontario, CA | (888) 546-8353 | www.it4ps.com Technical Recommendation – Intelesys
recommedns the APC UPS line based on
manufacturer industry presence, support of
the products in the field, product quality
ratings, and third party analysts reviews
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QUOTATION
10177745
Order Date
Order Number
10/17/2024 15:18:09
Page
1 of 2
www.safewareinc.com
4403 Forbes Blvd.
Lanham, MD 20706-4328
USA
301-683-1234
Safeware, Inc.
Quote Expires On: 11/16/2024
Contract No: OMNIA PoP Contract #159469
Hemet, CA 92543-4209
City of Hemet
Accounts Payable
445 East Florida Avenue
Hemet, CA 92543-4209
Requested By: Scott Underwood
Customer ID:
445 East Florida Avenue
Accounts Payable
Bill To: Ship To:
City of Hemet
951-765-2348
147671
PO Number Taker
UPS Replacement Quote Lori Orantes [email protected] Email
Freight Terms
301-683-1200
Fax
301-683-1212
Phone
Freight Paid
Patrick Semcheshen
Sales Representative
Item ID
Item Description Remaining
Quantities
UOM
Disp.
Unit Size
Pricing
UOM Unit
Price
Unit Size
Price
Extended
Ordered Allocated
** Scope of Work **
* Install all new UPS units through the city
* Configure and active network access for units
* Test functionality for remote access and alerts
* Remove all old UPS devices
Order Note:
1.00 0.00 1.00 EA SSI EA 0.00 0.00
1.0 ***MARKED SSI (SENSITIVE SECURITY 1.0
INFORMATION***
1.00 0.00 1.00 EA PSEMCHESHEN EA 0.00 0.00
1.0 For questions regarding this proposal 1.0
Please contact:
Patrick Semcheshen
Safeware, Inc.
Senior Account Manager-Government Security
Solutions
(M) 516-782-0762
(O) 818-445-8929
(E) [email protected]
12.00 0.00 12.00 EA INT 1500VA RN 1U 120V EA 1,187.50 14,250.00 Safeware Catalog Price: 2,724.90Contract Discount: 41% Your Discount: 56.00%
1.0 APC Smart_UPS with SmartConnect 1.0
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QUOTATION
10177745
Order Date
Order Number
10/17/2024 15:18:09
Page
2 of 2
www.safewareinc.com
4403 Forbes Blvd.
Lanham, MD 20706-4328
USA
301-683-1234
Safeware, Inc.
Quote Expires On: 11/16/2024
Contract No: OMNIA PoP Contract #159469
Item ID
Item Description Remaining
Quantities
UOM
Disp.
Unit Size
Pricing
UOM Unit
Price
Unit Size
Price
Extended
Ordered Allocated
8.00 0.00 8.00 EA INT SRT 3000VA RM EA 4,732.95 37,863.64 Safeware Catalog Price: 10,860.50Contract Discount: 41% Your Discount: 56.00%
1.0 Network Card-UPS - 2700 Watt 1.0
APC Smart-UPS SRT 3000VA RM
11.00 0.00 11.00 EA INT SRT 2200VA RM EA 2,579.55 28,375.00 Safeware Catalog Price: 5,919.17Contract Discount: 41% Your Discount: 56.00%
1.0 APC Smart-UPS SRT 2200VA RM 1.0
1.00 0.00 1.00 EA INT LABOR FIXED EA 12,790.23 12,790.23 Safeware Catalog Price: 19,240.00Contract Discount: 10% Your Discount: 34.00%
1.0 Labor 1.0
UPS Configuration, Installation, Removal
1.00 0.00 1.00 EA OMNIA EA 0.00 0.00
1.0 OMNIA Contract #4400008468 1.0
Lead Agency: Fairfax County, VA
Public Safety and Emergency Preparedness
Standard freight within continental US is paid, all
HAZMAT or expedited freight will be billed.
10/1/2018 - 9/30/2028
*Register with OMNIA at
www.omniapartners.com/publicsector
SUB-TOTAL:
Total Lines: 7
93,278.87
TAX: 8,161.92
AMOUNT DUE: 101,440.79
Actual freight added per freight terms
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Nov 12 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Kristian Ticas, Community Solutions Coordinator;
☐ 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 License Agreement with Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (KP)for the Use of City Property
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a License Agreement with Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (KP) for the Use of City Property.
BACKGROUND:
In accordance with continually seeking ways to improve better access to high quality affordable healthcare for its constituents, the City of Hemet is proposing to partner with Kaiser Permanente (KP) to improve quality of life standards for its residents.
With this agreement, KP will be provide weekly medical services to its members through their mobile health vehicle at a City-owned parking lot located at 249 N. Carmalita St, Hemet, CA 92543. These medical services will be provided every Thursday, and every other Monday (excluding holidays) between the hours of 8:00 a.m. to 5:00 p.m. The 53 foot mobile trailer is fully equipped to offer a variety of services, procedures and screenings integrated with a secure electronic health record system.
KP is requesting a license to conduct services on City property for the following permitted use:
1. Park, promote and operate one (1) Mobile Health Vehicle (MHV) to provide KP members with basic medical screening services.
2. Park up to 10 additional vehicles belonging to KP staff and KP members.
3. Place tables, chairs and a tent adjacent to the MHV as a waiting area for KP members.
4. Post temporary signage in the immediate vicinity to direct KP members to the MHV and parking.
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MOU term is for one (1) calendar year, commencing on November 13, 2024. Upon Council approval of the License Agreement, the City staff will issue a Temporary Use Permit.
ANALYSIS:
Kaiser Permanente 2024 membership:
City of Hemet = 29,675 members
City of San Jacinto = 14,699 members
Current membership to date with combined cities = 44,374 members Mobile Health Vehicle Clinic Set-Up
Staff:
2 Nurse Practitioners
3 LVN III
Mobile Operator (Driver) / Service Representative (check-in) Inside of clinic:
2 Patient Rooms
Laboratory area / Medication Room
Nurse Station
ADA Bathroom
Wheelchair Lift
Reception Desk
Self Contained Wi-Fi System with Direct Connection to Kaiser Epic Electronic Charting EKG machines
Blood Pressure Machines
Scales
Point of Care Testing
o Diabetes Management
o Urinalysis
o Pregnancy Tests
o COVID Swabs
o Strep Testing
o Audiometer
DISCUSSION:
The City acknowledges the need to address health disparities by providing services that are easily accessible to all community members, especially those who may face barriers to conventional healthcare access due to transportation, financial, or other limitations.
STRATEGIC PLAN INTEGRATION:
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GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL 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 FISCAL IMPACT:
There will be no fiscal impact to the City.
ATTACHMENT(S):
Attachment 1 - Resolution Authorizing City Manager to Execute MOU with Kaiser Permanente Attachment 2 - KP Parking License Agreement - Kaiser MHV Riverside Attachment 3 - KP MHV Flyer
Attachment 4 - KP Mobile Health Vehicle Presentation
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH
KAISER FOUNDATION HEALTH PLAN, INC. AND
KAISER FOUNDATION HOSPITALS AUTHORIZING THE
USE OF CITY PROPERTY
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 (“City”) is dedicated to the health, wellness, and well-being of its residents, recognizing the importance of accessible healthcare services in maintaining a vibrant and thriving community; and
WHEREAS, the City acknowledges the need to address health disparities by providing services that are easily accessible to all community members, especially those who may face barriers to conventional healthcare access due to transportation, financial, or other limitations; and
WHEREAS, Kaiser Permanente (“KP”), a respected healthcare provider in the region, has proposed the establishment of a mobile medical clinic to deliver essential healthcare services on a weekly basis to residents of the City, thereby providing increased access to primary care, preventative services, and health education; and WHEREAS, the City Council of Hemet believes that the presence of this mobile medical clinic will greatly enhance the health resources available to its constituents and is in alignment with the City’s commitment to supporting public health initiatives; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, the City and KP have worked collaboratively to develop a Memorandum of Understanding (MOU) to license city property to KP for the purpose of establishing this weekly mobile medical clinic, under mutually agreed terms and conditions that prioritize the welfare of the community and ensure responsible usage of public property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Hemet formally authorizes the city manager execution the attached agreement, along with any other documents necessary to effectuate the intent of this Resolution, to allow KP the use of specified city property for the operation of a mobile medical clinic, which will be held weekly to provide accessible, high-quality healthcare services for the benefit of Hemet residents and surrounding areas.
PASSED, APPROVED AND ADOPTED this November 12, 2024.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of November, 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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1 MOBILE HEALTH VEHICLE
PARKING LICENSE AGREEMENT
This Mobile Health Vehicle Parking License Agreement (“Agreement”) is entered into as of November 1, 2024 (“Effective Date”), by and between Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (collectively, “KP”) and City of Hemet (“Licensor”), collectively known as “Parties.”
Recitals
A. WHEREAS, KP is continually seeking ways to improve access to high quality affordable healthcare for of its members in Riverside County; and B. WHEREAS, KP owns and operates a Mobile Health Vehicle (“MHV”) which can furnish basic medical services for KP members; and
C. WHEREAS, Licensor desires to host the MHV in a section of its Parking Lot situated at 249 N. Carmalita St, Hemet, CA 92543 (“Parking Lot”) on a regular scheduled basis.
NOW, THEREFORE, for good and sufficient mutual consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and KP agree to the following:
Agreement
1. LICENSE: Licensor grants to KP a non-exclusive license to access, occupy and use the parking lot defined in Exhibit A to this Agreement (“Parking Lot”) for the use described in Exhibit B to this Agreement (“Permitted Use”) commencing on the Effective Date and terminating on the one year anniversary of the commencement date (“Term”), so long as use of the Parking Lot by KP does not preclude regular use of the Parking Lot by Licensor in its normal course of business. At the end of the Term, the Agreement shall continue on a month-to-month basis until terminated by either party upon thirty (30) days’ written notice, with or without cause.
The Term may be extended by mutual written agreement of the Parties.
2. LICENSE FEE: None.
3. HOURS OF OPERATION: KP shall have the right, but not the obligation, to use the Parking Lot on the days and hours specified in Exhibit B. In the event that changes to the days or hours are necessary during the Term, the Parties agree to work cooperatively to schedule visits by the MHV on mutually agreeable dates and times during the term of this Agreement. Each Party agrees to give the other Party thirty-five (35) days’ notice to implement any change to the regular schedule.
4. PRIMARY CONTACT PERSONS: For the purposes of coordinating the Permitted Use, the primary coordinating contact person for Licensor shall be Kristian Ticas ([email protected] / 951-765-2317). The primary coordinating contact persons for KP shall be Debrene Williams ([email protected] / 951-353-5564) and Judith Mercado ([email protected] / 760-834-2554). Information given to primary coordinating contact persons does not satisfy the formal notice requirements of the ”Notices” section below.
5. CONFIDENTIALITY: Examination and publication of any confidential medical information by unauthorized employees, agents, and vendors of Licensor is forbidden. In the event that any
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2 unauthorized employee should come into possession of any confidential medical information, she or he will immediately return such document, record or information to KP’s on-site MHV manager. No person under the control of Licensor shall capture any recognizable photo, video, audio recording, or image of KP members or staff serving at the MHV, without the prior approval of KP.
6. COMPLIANCE WITH LAWS: KP agrees to comply with all applicable laws, rules, regulations, and orders of governmental authorities having jurisdiction, and all applicable rules and regulations of Licensor governing the transport and operation of MHV while it is present in the Parking Lot. KP shall, at its sole cost and expense, procure all permits, Licenses and approvals necessary from governmental authorities to permit the Parking lot to be used for the purposes intended herein.
7. CONDITION OF PARKING LOT: Licensor makes no representation to KP as to the suitability of the Parking Lot for the purposes described herein and KP accepts the Parking Lot in "as is" condition with all faults that may be discovered through visual observation. When the MHV is present, the Parking Lot shall be kept by KP in a clean and wholesome condition, free of any objectionable noises, odors, nuisances or trash. KP shall bear no operational or maintenance costs for the Parking Lot. After the termination of this Agreement, KP shall restore any damage to the Parking Lot caused directly by KP or KP’s members, ordinary wear and tear excepted.
8. VEHICLE SECURITY: Licensor shall have no responsibility to provide security to KP or KP’s members. KP and KP’s members shall at all times park any vehicles in the Parking Lot at their own risk, and Licensor shall be held harmless from any and all acts of vandalism, burglary, thief, and/or malicious mischief, which could occur to these vehicles while parked in the Parking Lot.
9. INDEMNIFICATION:
A. KP agrees to hold harmless, indemnify, and defend Licensor from and against any and all liability, costs (including but not limited to, costs of suit and reasonable attorneys’ fees incurred in Licensor's defense and/or settlement of claims), claims, demands, actions, causes of action, penalties, fines, judgments, and liabilities of every kind and description for bodily injury, personal injury and/or death, and damage to and/or loss of property, to the extent of KPs negligence, except those claims arising out of the gross negligence or willful misconduct of the Licensor.
B. Licensor agrees to hold harmless, indemnify, and defend KP from and against any and all liability, costs (including but not limited to, costs of suit and reasonable attorneys’ fees incurred in KP's defense and/or settlement of claims), claims, demands, actions, causes of action, penalties, fines, judgments, and liabilities of every kind and description for bodily injury, personal injury and/or death, and damage to and/or loss of property, to the extent of Licensor’s negligence, except those claims arising out of the gross negligence or willful misconduct of KP.
10. WAIVER OF CONSEQUENTIAL DAMAGES: In no event shall either party be liable to the other party for special, indirect, consequential or punitive damages arising hereunder, including without limitation, loss of profits, or loss of use, regardless of whether any such damage was foreseeable. The foregoing limitation will apply whether an action is in contract or tort, with the exception of claims for indemnification.
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3 11. INSURANCE: KP will satisfy the insurance requirements set forth in Exhibit C, attached to and incorporated into this Agreement through its self-insurance program.
12. QUEUING, SAFETY STANDARDS, AND TRASH:
In order to ensure an organized and efficient flow of vehicles, both parties agree to the following:
a. KP shall ensure that the Parking Area is clearly marked with signage, and any other indicators necessary for orderly queue management.
b. KP shall notify the City and City shall approve prior to the installation of safety measures, such as barriers, cones, or lane dividers, to separate the queuing lane(s) from other traffic, and emergency exit routes, if applicable. c. KP shall provide shaded structures, such as awnings or canopies, over the Parking Lot to reduce heat exposure for pedestrians, drivers and vehicles during wait times.
City shall provide trash and recycling receptables in convenient locations within or near the Parking Lot. Receptables shall be emptied regularly by KP, at the end of every work day, or more frequently during high traffic times.
13. ASSIGNMENT and THIRD PARTIES: KP shall have no right to assign or otherwise transfer its interest in this Agreement or enter into any sublease, concession or license of the Parking Lot, without the prior, written consent of the Licensor.
14. HAZARDOUS SUBSTANCES: KP shall not cause or allow the generation, treatment, storage, or disposal of Hazardous Substances in the Parking Lot. "Hazardous Substances" shall mean (i) any hazardous substance as that term is defined in the Comprehensive Environment Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., as amended, (ii) any hazardous waste or hazardous substance as those terms are defined in any local, state or federal law, rule, regulation or ordinance applicable to the Parking Lot, and (iii) petroleum, including crude oil or any fraction thereof.
15. WARRANTY OF AUTHORITY: Each person executing this Agreement on behalf of a party represents and warrants that each person (a) is duly and validly authorized to do so on behalf of the entity it purports to so bind, and (b) if such party is a partnership, corporation or government entity, has the full legal right and authority to enter into this Agreement and fulfill all of its obligations.
16. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties, and all prior understandings, discussions and agreements between the parties are merged into this Agreement. This Agreement may be changed or modified only by a writing executed by the party against whom enforcement thereof is sought.
17. NOTICES: All notices or other communications required or permitted to be given by one party to the other shall be given in writing by (a) United States Mail, postage prepaid, certified mail, return receipt requested, or (b) the use of a nationally recognized courier service that regularly provides written or electronic evidence of the time and date of delivery, fees prepaid, addressed or delivered to such other party:
In the case of KP, at: Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals
Attention: Real Estate Department
One Kaiser Plaza, 22nd Floor
Oakland, California 94612
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4 with a copy to: Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals
Attention Sammy R. Totah, SVP, Area Manager
10800 Magnolia Ave
Riverside, California 92505
In the case of Licensor, at:
City of Hemet, City Manager’s Office
Attn: Kristian Ticas
445 E. Florida Ave
Hemet, California 92543
18. SEVERABILITY: If any provision hereof is held invalid or unenforceable by any court of competent jurisdiction, such provision shall be deemed severed from this Agreement to the extent of such invalidity or unenforceability and the remainder hereof will not be affected thereby, each of the provisions hereof being severable in any such instance.
19. WAIVER: No waiver of any right, obligation or default shall be implied, but must be in writing, signed by the party against whom the waiver is sought to be enforced. Any particular waiver of any right, obligation or default shall not be construed as a waiver of any subsequent or other right, obligation, or default. The remedies of either party provided herein shall be cumulative and not exclusive.
20. RELATIONSHIP OF THE PARTIES: KP and Licensor are, and at all times shall be, considered as independent contractors and in no way agents of or employees, partners or joint venturers with each other. Except as provided herein, neither party may bind another party to any obligation.
21. COUNTERPART EXECUTION: ELECTRONIC DELIVERY: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute an agreement binding all Parties. This Agreement may also be delivered via facsimile transmission or in electronic “pdf” or similar format with the same force and effect as if originally executed copies of this Agreement were delivered to all Parties.
In witness whereof, the parties hereto have executed this Agreement the day and year first above written.
KP:
Kaiser Foundation Health Plan, Inc., and
Kaiser Foundation Hospitals
____________________________________ Date: _________________ Name: ______________________________
Title: ________________________________
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5 LICENSOR:
City of Hemet
____________________________________ Date: _________________ Name: Mark Prestwich
Title: City Manager
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A-1
EXHIBIT A
Parking Lot Description
At a minimum, the Parking Lot shall consist of space for the MHV (53’ x 20’ – the size of approximately ten (10) conventional passenger vehicle spaces), plus an additional ten (10) passenger vehicle spaces for KP staff and KP members, and space for tables, chairs and a tent for waiting KP members.
The specified location of the Parking Lot is indicated below at 249 N. Carmalita St, Hemet, CA 92543:
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B-1
EXHIBIT B
Permitted Use
KP may:
A. Park, promote and operate one (1) MHV to provide KP members with basic medical screening services.
B. Park up to ten (10) additional vehicles belonging to KP staff and KP members.
C. Place tables, chairs and a tent adjacent to the MHV as a waiting area for KP members.
D. Post temporary signage in the immediate vicinity to direct KP members to the MHV and parking.
Days and Hours of Permitted Use:
Every Thursday and every other Monday (excluding holidays) between the hours of 8 AM and 5 PM.
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C-1
EXHIBIT C
Insurance Requirements
During the Term, KP shall maintain insurance for the MHV as mandated by California Vehicle Code, Section 16020.
Licensor and KP agree all required insurance may include alternative risk management programs, including self-insurance or a combination of self-insurance and insurance, provided that such alternative risk management programs provide protection equivalent to that specified under this Agreement.
1. Commercial General Liability.
Such insurance shall include, but not be limited to, bodily injury, death, liability, personal and advertising liability, contractual liability, products and completed operations liability, and property damage. Policies shall be primary and noncontributory. KP shall name the Licensor as an Additional Insured on the policy.
Insurance must be on the most current ISO CG 00 01 04 13 Occurrence Form or current equivalent, at a limit of at least $5,000,000 per occurrence/$5,000,000 general aggregate. Limits may be provided in a layered program (by means of primary general liability and umbrella or excess liability policies).
KP and any and all of its subcontractors shall purchase insurance coverage from insurance company(ies) rated A, VIII or better financial strength rating by A.M Best lawfully authorized to conduct business in the State of California and be in form and content reasonably satisfactory to Licensor.
2. Business Automobile Liability.
Including all owned, non-owned and hired vehicles with a combined single limit of at least $4,000,000 (without aggregate or limits carried). Limits may be provided in a layered program.
3. Worker’s Compensation and Employer’s Liability Insurance. a. Statutory Worker’s Compensation including occupational disease in accordance with the laws of the state in which the work is performed. b. Employer’s Liability Insurance – California and all other states $5,000,000 bodily injury by accident, $5,000,000 bodily injury by disease, and $5,000,000 bodily injury by disease by employee, or limits carried.
4. Certificates of Insurance
Certificates will (a) provide for thirty (30) days’ written notice of cancellation or material change, unless replaced with similar coverage; (b) will be maintained for the duration of the Agreement; (c) will indicate the Premises site; (d) are to be submitted, approved and available to the Licensor prior to commencement of Operations.
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C-2
Certificates of Insurance are to be submitted to the following:
TO LICENSOR:
City of Hemet, City Manager’s Office
Attn: Kristian Ticas
445 E. Florida Ave
Hemet, CA 92543
TO KP:
Kaiser Foundation Health Plan, Inc.
Kaiser Foundation Hospitals
c/o Insurance Tracking Services, Inc.
P.O. Box 20270
Long Beach, CA 90801
Additional insured status is afforded to and extended to the Licensor, its officers, officials, employees, and volunteers, as their interests may appear.
KP will provide a certificate of insurance that names Licensor as an additional insured on General Liability only before the commencement of the use of the facility allowed under this Agreement.
5. Failure of KP to provide documents required herein does not relieve KP or any and all of its subcontractors retained KP of responsibilities for securing and maintaining proper insurance coverages. Licensor shall have the right (but not the obligation) to take out and maintain the insurance required of such parties, which parties shall furnish all necessary information to place such insurance and pay the cost thereof to Licensor upon presentation of an invoice for such coverage.
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KAISER PERMANENTE MOBILE HEALTH VEHICLE RIVERSIDE COUNTY Care that
meets you
where you are
Bringing convenient care to you
kp.org/riverside
Our mobile health vehicle brings health
care professionals, and medical equipment
to your neighborhood—to help you get the
care you need where you need it.
Services Include:
Common Conditions
• Cough & Cold Symptoms
• Allergies (seasonal)
• Asthma
• Flu-like Symptoms
• Minor Aches and Pains
• Pink Eye
• Sore Throat/Strep Throat/Laryngitis
Chronic Conditions
• Arthritis
• Chronic Obstructive Pulmonary Disease
• Depression Screening
• Emphysema
• Gout
• High Blood Pressure
• Hyperlipidemia
• Type 2 Diabetes
Wellness Services
• Cholesterol Screening
• Laboratory Testing
• Counseling for Weight Loss
• Counseling to Stop Smoking
• Physical Examination (5 years of age and
up)
• Routine Check-up
• Pregnancy Testing & Options Counseling
• Vision & Hearing Screenings
• Well-Woman Exam
…and more!
Quality care on wheels
Fully equipped to offer a variety of services,
procedures and screenings integrated with
our secure electronic health record system.
The Mobile Health Vehicle visits locations
across Riverside County, focusing on bringing
health care to remote areas and parts of our
community where members have difficulty
reaching medical offices for regular care.
Here for a Healthier Community
✓ Hemet
✓ Perris
✓ Coachella Valley – Thermal / Mecca
✓ Yucca Valley
✓ Palm Desert
For more information and to make an
appointment, call 951-251-6985, Monday
through Friday, 8 a.m. to 5 p.m.
By appointment only.
You may also call:
(833) KP4- CARE/ (833) 574-2273
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Kaiser Mobile Health Vehicle
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Mobile Health
Vehicle Clinic
Set-Up
Staff: • 2 Nurse Practitioners • 3 LVN III • Mobile Operator (Driver) / Service Representative (check-in) Inside of clinic: • 2 Patient Rooms • Laboratory area / Medication Room • Nurse Station • ADA Bathroom • Wheelchair Lift • Reception Desk • Self Contained Wifi System with Direct Connection to Kaiser Epic Electronic Charting • EKG machines • Blood Pressure Machines • Scales • Point of Care Testing • Diabetes Management • Urinalysis • Pregnancy Tests • Covid Swabs • Strep Testing • Audiometer
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Locations the Mobile Health Vehicle
provides services
• Mecca-Every other Monday
• Palm Desert-Tuesdays
• Perris-Wednesdays
• Hemet-Every other Monday & Thursday (Coming Soon)
• Yucca Valley-Every Friday
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Membership
By Growth
Hemet/San
Jacinto
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Mobile Health Vehicle March
2024 Calendar
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Mobile Health
Vehicle Services
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Meet the Team!
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Nov 12 2024
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the New Position of Deputy Director of Community Development, Eliminate One Budgeted Senior Planner and One Budgeted Planning Technician, and Add One Deputy Director of Community Development and One Assistant Planner 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 amendment to the City's Classification and Compensation Plan to include the new position of Deputy Director of Community Development, eliminate one budgeted Senior Planner and one budgeted Planning Technician, and add one Deputy Director of Community Development and one Assistant Planner.
BACKGROUND:
The City of Hemet continually evaluates staffing and structure to promote organizational efficiency and deliver enhanced customer service to the community. As such, the City may need to make adjustments periodically to support these goals and to progress City services forward. As the City continues to grow and provide additional services, demand for these services will be met through the addition of new positions and through the revision of existing positions.
ANALYSIS:
As necessary departments request new positions and revisions to existing positions based on a variety of factors including staffing structure, funding, and project support. City staff has requested the creation of a new classification of Deputy Director of Community Development to better support department leadership and community development. The Deputy Director of Community Development position replaces a vacant Senior Planner position. Staff is also recommending the elimination of a Planning Technician and the addition of an Assistant Planner.
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The City’s Community Development Department ensures the orderly development of the City by balancing the needs of the environment, economy, and society.
The City has been unsuccessful in recruiting for Principal Planner and Senior Planner positions. In an effort to improve the operational capacity of the department and to concurrently initiate efforts to alleviate this issue, the following recommendations are proposed:
Authorize the creation of the Deputy Director of Community Development position and approve an updated salary schedule to include the new classification Approve the following changes to the budgeted positions list:
o Add one Deputy Director of Community Development position o Add one Assistant Planner position
o Eliminate one Senior Planner position
o Eliminate one Planning Technician position
The addition of the Deputy Director position will allow for greater oversight and enhanced span of control over the entire department. This will allow for greater support on multiple complex projects as well as day-to-day operations and operational continuity of the department.
The proposed qualifications of the Deputy Director of Community Development position are as follows:
Education: Bachelor's Degree
Master Degree is highly desirable.
Experience: Four years of progressively responsible experience in municipal management of/or administration of planning, building, architecture engineering redevelopment, and program operations, including two years of supervisory experience.
Based on a market-based salary survey, the proposed salary range for the Deputy Director of Community Development position is as follows:
$133,764 - $179,256 annually
The Deputy Director of Community Development is a designated At-Will full-time benefitted position and is not subject to meet and confer procedures pursuant to the Meyers-Milias-Brown Act (MMBA).
DISCUSSION:
The recommended changes, including the new position being proposed, is a result of the City’s current state and the support network needed to enhance focus on development review and achievement of Council’s Strategic Goals and Action Items. With the establishment of these key positions within the City’s structure, the City not only strengthens its internal structure, but also its external structure in providing the community essential services in more streamlined and innovative ways. Several attempts have been made to hire a Principal Planner; however, those attempts have been unsuccessful. These recommended adjustments are intended to augment department capacity and assist with recruitment for these critical positions.
STRATEGIC PLAN INTEGRATION:
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GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
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 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 2: Develop concepts and programs to enhance the quality of life services.
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 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
The recommended position changes have the following impact on the General Fund.
The estimated cost increase to eliminate a Planning Technician and add an Assistant Planner is $7,000 in FY 2024/25 and $22,000 per year in future years at the top step.
The estimated cost increase to eliminate a Senior Planner and add a Deputy Director of Community Development is $30,000 in FY 2024/25 and $70,000 per year in future years at top step.
ALTERNATIVE(S):
Council may choose to further examine this proposed position addition or provide alternate direction to the City Manager.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1: Resolution of Community Development Changes Attachment 2: Exhibit A: Job Description- Deputy Director of Community Development Attachment 3: Exhibit B: Salary Schedule
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City of Hemet Resolution No. 2024-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, APPROVING AN AMENDMENT TO
THE CITY’S CLASSIFICATION AND COMPENSATION PLAN
TO INCLUDE THE NEW POSITION OF DEPUTY DIRECTOR
OF COMMUNITY DEVELOPMENT, ELIMINATE ONE
BUDGETED SENIOR PLANNER AND ONE BUDGETED
PLANNING TECHNICIAN, AND ADD ONE DEPUTY
DIRECTOR OF COMMUNITY DEVELOPMENT AND ONE
ASSISTANT PLANNER
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 continually evaluates staffing and structure to promote organizational efficiency and deliver enhanced customer service to the community, and, as such, the City may need to make adjustments periodically to support these goals and to progress City services forward; and
WHEREAS, as necessary departments request new positions and revisions to existing positions based on a variety of factors including staffing structure, funding, and project support; and
WHEREAS, City Staff has requested the creation of a new classification of Deputy Director of Community Development to better support department leadership and community development. The Deputy Director of Community Development position replaces a vacant Senior
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City of Hemet Resolution No. 2024-xxx
Planner position. Staff is also recommending the elimination of a Planning Technician and the addition of an Assistant Planner; and WHEREAS, the City’s Community Development Department ensures the orderly development of the City by balancing the needs of the environment, economy and society; and
WHEREAS, the City has been unsuccessful in recruiting for the Principal Planner and Senior Planner positions; and
WHEREAS, the following is therefore recommended:
• Authorize the creation of the Deputy Director of Community Development position, approve an updated salary schedule to include the new classification, and add one Deputy Director of Community Development position to the budgeted positions list
• Eliminate one Senior Planner position
• Eliminate one Planning Technician position
• Add one Assistant Planner position; and
WHEREAS, the addition of the Deputy Director position will allow for greater oversight and enhanced span of control over the entire department.
This will allow for greater support on multiple complex projects as well as day-to-day operations of the department; and
WHEREAS, based on market based salary survey, the proposed salary range for the Deputy Director of Community Development position is as follows:
• $133,764 - $179,256 annually; and
WHEREAS, the recommended changes, including the new position being proposed, is a result of the City’s current state and the support network needed to enhance focus on development review and achievement of Council’s Strategic Goals and Action Items; and
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City of Hemet Resolution No. 2024-xxx
WHEREAS, with the establishment of these key positions within the City’s structure, the City not only strengthens its internal structure, but also its external structure in providing the community essential services in more streamlined and innovative ways.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET
FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. Authorize the creation of the Deputy Director of Community Development classification (Exhibit A) and seven step salary range of $133,764 - $179,256 annually (Exhibit B).
SECTION 2. Authorize the following changes to the budgeted positions list:
1. Add one Deputy Director of Community Development
2. Add one Assistant Planner
3. Eliminate one Senior Planner
4. Eliminate one Planning Technician
SECTION 2. The effective date of this amendment will be the date of approval of this Resolution, November 12, 2024.
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City of Hemet Resolution No. 2024-xxx
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City of Hemet Resolution No. 2024-xxx
PASSED, APPROVED AND ADOPTED this 12th day of November, 2024.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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City of Hemet Resolution No. 2024-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of November, 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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CITY OF HEMET
Class Code: 8819 Date Adopted: 11/12/2024
DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
Under administrative direction, assist in the development and direction of the activities of the Community Development Department with an emphasis on current and advanced level planning activities; act in the capacity of the Director in the absence of the Community Development Director; assist in planning, developing, implementing and evaluating the City's planning, housing, and economic development programs; supervise professional, technical and clerical personnel; and perform related work as required.
SUPERVISION RECEIVED AND EXERCISED
Supervision is provided by the Community Development Director.
ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills, abilities, and other characteristics:
• Assists in the management and administration of the department, including planning, training and budget preparation
• Assists in the planning, directing, and coordinating of department activities and services; develops procedures to conduct activities; ensures that activities are conducted in accordance with related laws, ordinances, rules, and regulations; develops comprehensive plans to satisfy future needs for department services • Participates in the development, maintenance, and implementation of the City's Strategic Plan
• Assists and communicates directly with the City Council, the Planning Commission, other citizen committees, other City personnel, and the public regarding department related issues
• Assists in the preparation and administration of the budget for the Community Development department; participates in discussions regarding most effective utilization of available City funds and setting of priorities
• Conducts or oversees the conduct of studies, and the preparation and presentation of reports, regarding the use of land, development and maintenance of affordable housing, building inspection, and code enforcement in the City of Hemet and related department activities
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• Manages contract services pertaining to planning, housing, and other consultant services; maintains liaison with service providers and ensures adherence to contract provisions
• Selects, supervises, motivates, plans, trains, directs, and evaluates the work of lowerlevel staff; prepares and presents employee performance reviews; provides/coordinates staff training; works with employees to correct deficiencies; implements disciplinary procedures; recommends employee terminations; approves time sheets and expense reports
• Prepares and presents verbal and written reports, as necessary; formulates and presents proposals and recommendations; maintains records and prepares written reports relating to department activities
• Develops goals, objectives, policies, procedures and work standards • Represents the City, or delegates such authority, in relations with the community, advisory committees, local, county, state, and federal agencies, other departments, and professional organizations
• Prepares and writes a variety of reports and documentation, including detailed Risk Management incident reports
• Performs other duties of a similar nature
ENVIRONMENTAL AND PHYSICAL WORKING CONDITIONS
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds with the use of proper equipment.
ENVIRONMENTAL ELEMENTS
Employees work in an office environment, as well as in the community and region with moderate noise levels, varied temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with the business community and/or public and private representatives involved in business/economic development.
QUALIFICATIONS GUIDELINES
Knowledge, Skills, and Abilities:
KNOWLEDGE OF
• Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
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• Procedures for planning, implementing, and maintaining a variety of activities and programs through community participation.
• Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision.
• Public agency budget development, City-wide administrative practices, and general principles of risk management related to the functions of the assigned area. • Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. • Applicable Federal, State, and local laws, ordinances, regulations, and guidelines. • Methods and techniques for the development of presentations, contract negotiations, business correspondence, and information distribution; research and reporting methods, techniques, and procedures.
• English usage, grammar, spelling, vocabulary, and punctuation. • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
• Real estate economics, principle, practices, financing methods and sources. Land acquisition, disposition and relocation procedures and entitlement processes.
ABILITY TO
• Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for the department and assigned program areas. • Provide administrative and professional leadership and direction for the division and the City.
• Interpret, apply, explain, and ensure compliance with Federal, State, and local policies, procedures, laws, and regulations.
• Plan, organize, direct, and coordinate the work of management, supervisory, professional, and technical personnel; delegate authority and responsibility. • Select, train, motivate, and evaluate the work of staff and train staff in work procedures. • Research, analyze, and evaluate new service delivery methods, procedures, and techniques.
• Effectively administer a variety of economic development programs and administrative activities.
• Effectively represent the City and the department in meetings with the business community, governmental agencies, contractors, vendors, and various economic development, professional, regulatory, and legislative organizations. • Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.
• Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. • Use English effectively to communicate in person, over the telephone, and in writing. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Recommend and implement goals, objectives, and practices for providing effective and efficient services.
Education and Experience:
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Education: Bachelor’s degree with major work in city or regional planning, urban planning, business, public administration, economics, sociology, or closely related field.
A Master’s degree is highly desirable.
Experience: Four (4) years of progressively responsible experience in municipal management of/or administration of planning, building, architecture, engineering, redevelopment, programs and operations, including at least two (2) years of administration and supervisory responsibility.
Certification/License and/or Other Special Requirements:
Possession of a valid California’s Driver’s License; to be maintained throughout employment.
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Salary Schedule by Position
Effective November 12, 2024
Approved by Council
November 12, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Accountant SEIU 462 $6,205 $6,515 $6,841 $7,183 $7,542 $7,731 $7,924 Accounting Manager MC 943 $9,995 $10,495 $11,019 $11,570 $12,149 $12,756 $13,394 Accounting Technician I SEIU 445 $4,078 $4,282 $4,496 $4,721 $4,957 $5,081 $5,208 Accounting Technician II SEIU 451 $4,729 $4,966 $5,214 $5,474 $5,748 $5,892 $6,039 Accounting Technician III SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Administrative Assistant HMMA 522 $4,766 $5,004 $5,255 $5,517 $5,793 $6,083 Administrative Services Director AW ASD $14,758 $15,496 $16,271 $17,085 $17,939 $18,836 $19,778 Assistant Civil Engineer SEIU 472 $7,943 $8,340 $8,757 $9,195 $9,655 $9,896 $10,143 Assistant Planner SEIU 461 $6,054 $6,356 $6,674 $7,008 $7,358 $7,542 $7,731 Assistant to the City Manager MC 936 $8,408 $8,829 $9,270 $9,734 $10,220 $10,731 $11,268 Associate Planner HMMA 538 $7,075 $7,429 $7,800 $8,190 $8,600 $9,030 Battalion Chief AW BC $12,878 $13,522 $14,198 $14,908 $15,654 Building Inspector I SEIU 456 $5,351 $5,618 $5,899 $6,194 $6,504 $6,666 $6,833 Building Inspector II SEIU 460 $5,906 $6,201 $6,511 $6,837 $7,179 $7,358 $7,542 Building Technician I SEIU 453 $4,968 $5,217 $5,478 $5,752 $6,039 $6,190 $6,345 Building Technician II SEIU 457 $5,484 $5,758 $6,046 $6,349 $6,666 $6,833 $7,004 Chief Building Official/Deputy Fire Marshal AW CBO $10,571 $11,100 $11,655 $12,237 $12,849 $13,492 $14,166 Chief of Police AW PC Annual salary $285,012
City Clerk AW CC $10,235 $10,746 $11,284 $11,848 $12,440 $13,062 $13,715 City Manager AW CM Annual salary $285,024
City Treasurer - Elected E ELE $645.67/mo.
Civilian Investigator n/a CINV $26.00 $27.30 $28.67 $30.10 $31.60 $33.18 $34.84 (Hourly rates) Code Compliance Manager HMMA 548 $9,057 $9,510 $9,985 $10,485 $11,009 $11,559
11.01.2024KB City of Hemet Salary Schedule Last Approved: 10.08.2024
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Salary Schedule by Position
Effective November 12, 2024
Approved by Council
November 12, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Code Enforcement Officer I SEIU 453 $4,968 $5,217 $5,478 $5,752 $6,039 $6,190 $6,345 Code Enforcement Officer II SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Communications and Events Coordinator MC 932 $7,618 $7,998 $8,398 $8,818 $9,259 $9,722 $10,208 Community Development Director AW CDD $14,241 $14,953 $15,701 $16,486 $17,310 $18,176 $19,085 Community Risk Reduction Cadet n/a CRR $20.00/per hour
Community Services Officer HNSPEA 334 $4,502 $4,727 $4,963 $5,212 $5,472 $5,746 Community Solutions Coordinator MC 932 $7,618 $7,998 $8,398 $8,818 $9,259 $9,722 $10,208 Council Member - Elected E ELE $645.67/mo.
Crime Analyst HMMA 536 $6,734 $7,071 $7,425 $7,796 $8,186 $8,595 Crime Scene Technician HNSPEA 341 $6,149 $6,456 $6,779 $7,118 $7,474 $7,848 Cross Connection Spec/CSR SEIU 461 $6,054 $6,356 $6,674 $7,008 $7,358 $7,542 $7,731 Customer Service and Accounting Supervisor HMMA 532 $6,101 $6,406 $6,726 $7,063 $7,416 $7,787 Customer Service Representative SEIU 450 $4,614 $4,844 $5,087 $5,341 $5,608 $5,748 $5,892 Deputy City Clerk MC 915 $5,006 $5,257 $5,519 $5,795 $6,085 $6,389 $6,709 Deputy Director of Community Development AW DCD $11,147 $11,704 $12,289 $12,904 $13,549 $14,226 $14,938 Deputy Fire Chief AW DFC $15,431 $16,202 $17,012 $17,863 $18,756 Deputy Public Works Director / Assistant City Engineer AW DPW $11,147 $11,704 $12,289 $12,904 $13,549 $14,226 $14,938 Economic Development Analyst MC 925 $6,408 $6,729 $7,065 $7,419 $7,789 $8,179 $8,588 Economic Development Manager MC 942 $9,751 $10,239 $10,751 $11,288 $11,853 $12,445 $13,067 Emergency Services Coordinator HMMA 527 $5,392 $5,662 $5,945 $6,242 $6,554 $6,882 Emergency Medical Services (EMS) Coordinator n/a EMS $85.00/per hour Engineering Technician I SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Engineering Technician II SEIU 459 $5,762 $6,050 $6,352 $6,670 $7,004 $7,179 $7,358
11.01.2024KB City of Hemet Salary Schedule Last Approved: 10.08.2024
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Salary Schedule by Position
Effective November 12, 2024
Approved by Council
November 12, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Environmental Services Program Manager HMMA 546 $8,621 $9,052 $9,504 $9,979 $10,478 $11,002 Equipment Maintenance Supervisor HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Equipment Mechanic SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Executive Analyst - City Manager's Office MC 928 $6,901 $7,246 $7,609 $7,989 $8,388 $8,808 $9,248 Executive Analyst HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Executive Assistant HMMA 529 $5,665 $5,949 $6,246 $6,558 $6,886 $7,231 Executive Assistant - City Manager's Office MC 920 $5,664 $5,947 $6,245 $6,557 $6,885 $7,229 $7,590 Facilities Maintenance Supervisor HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Facilities Technician SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Facility Services Aide SEIU 445 $4,078 $4,282 $4,496 $4,721 $4,957 $5,081 $5,208 Fire Captain HFFA 203 $8,742 $9,179 $9,638 $10,120 $10,626 $11,157 $11,715 Fire Chief AW FC $17,000 $17,850 $18,743 $19,680 $20,664 $21,697 $22,782 Fire Engineer HFFA 202 $7,510 $7,885 $8,280 $8,694 $9,128 $9,585 $10,064 Fire Prevention Officer HFFA 200 $5,451 $5,724 $6,010 $6,310 $6,626 $6,957 $7,305 Firefighter HFFA 201 $6,508 $6,833 $7,175 $7,534 $7,910 $8,306 Firefighter/Paramedic Trainee HFFA 201T $4,881
GIS Specialist SEIU 464 $6,519 $6,845 $7,187 $7,547 $7,924 $8,122 $8,325 Housing Program Specialist SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Human Resources Analyst MC 932 $7,618 $7,998 $8,398 $8,818 $9,259 $9,722 $10,208 Human Resources Manager MC 943 $9,995 $10,495 $11,019 $11,570 $12,149 $12,756 $13,394 Human Resources Technician MC 916 $5,131 $5,388 $5,658 $5,941 $6,238 $6,550 $6,877 Information Technology Specialist I HMMA 534 $6,410 $6,730 $7,067 $7,420 $7,791 $8,181 Information Technology Specialist II HMMA 536 $6,734 $7,071 $7,425 $7,796 $8,186 $8,595
11.01.2024KB City of Hemet Salary Schedule Last Approved: 10.08.2024
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Salary Schedule by Position
Effective November 12, 2024
Approved by Council
November 12, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Information Technology Manager HMMA 554 $10,503 $11,028 $11,580 $12,159 $12,767 $13,405 Intern I n/a PTA $16.00 $16.80 $17.64 $18.52 $19.45 $20.42 (Hourly Rates) Intern II n/a PTG $16.40 $17.22 $18.08 $18.99 $19.93 $20.93 (Hourly Rates) Lead Equipment Mechanic SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Lead Maintenance Worker SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Lead Tree Trimmer SEIU 457 $5,484 $5,758 $6,046 $6,349 $6,666 $6,833 $7,004 Lead Water Distribution Sys. Oper SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Librarian HMMA 527 $5,392 $5,662 $5,945 $6,242 $6,554 $6,882 Library Aide, Temporary On-Call n/a PTA $16.00 $16.80 $17.64 $18.52 $19.45 (Hourly rates) Library Assistant I SEIU 438 $3,431 $3,602 $3,782 $3,971 $4,170 $4,274 $4,381 Library Assistant II SEIU 444 $3,978 $4,177 $4,386 $4,605 $4,836 $4,957 $5,081 Library Associate I SEIU 448 $4,391 $4,611 $4,842 $5,084 $5,338 $5,471 $5,608 Library Associate II SEIU 451 $4,729 $4,966 $5,214 $5,474 $5,748 $5,892 $6,039 Library Manager HMMA 545 $8,410 $8,831 $9,272 $9,736 $10,223 $10,734 Library Page SEIU 428 $2,812 $2,953 $3,100 $3,255 $3,418 $3,503 $3,591 Literacy Coordinator PT SEIU 448 $25.34 $26.60 $27.93 $29.33 $30.79 (Hourly rates) $31.56 $32.35 Maintenance Aide I - TPT n/a CCY $16.00 $16.80 $17.64 $18.52 $19.45 (Hourly rates) Maintenance Worker I SEIU 447 $4,284 $4,499 $4,723 $4,960 $5,208 $5,338 $5,471 Maintenance Worker II SEIU 450 $4,614 $4,844 $5,087 $5,341 $5,608 $5,748 $5,892 Management Analyst MC 927 $6,733 $7,069 $7,423 $7,794 $8,184 $8,593 $9,023 Management Assistant HMMA 528 $5,527 $5,804 $6,094 $6,398 $6,718 $7,054 Office Specialist - Confidential HMMA 516 $4,110 $4,315 $4,531 $4,758 $4,995 $5,245 Office Specialist I SEIU 439 $3,516 $3,692 $3,877 $4,071 $4,274 $4,381 $4,490
11.01.2024KB City of Hemet Salary Schedule Last Approved: 10.08.2024
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Salary Schedule by Position
Effective November 12, 2024
Approved by Council
November 12, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Office Specialist II SEIU 443 $3,881 $4,075 $4,279 $4,493 $4,718 $4,836 $4,957 Office Specialist III SEIU 447 $4,284 $4,499 $4,723 $4,960 $5,208 $5,338 $5,471 Parks Maintenance Supervisor HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Payroll/Human Resources Specialist MC 919 $5,526 $5,802 $6,092 $6,397 $6,717 $7,053 $7,405 Planning Technician SEIU 451 $4,729 $4,966 $5,214 $5,474 $5,748 $5,892 $6,039 Police Cadet HNSPEA CP23 $16.53 $17.36 $18.22 $19.14 $20.09 $21.10 (Hourly rates) Police Captain HPMA 603 $13,908 $14,603 $15,334 $16,100 $16,905 $17,751 Police Corporal HPOA 154 $10,164 $10,673 $11,206
Police Investigator HPOA 152 $7,946 $8,343 $8,760 $9,198 $9,658 $10,141 $10,648 Police Lieutenant HPMA 602 $12,644 $13,276 $13,940 $14,637 $15,368 $16,137 Police Officer HPOA 150 $7,224 $7,585 $7,964 $8,362 $8,780 $9,219 $9,680 Police Officer-Trainee HPOA 149 $5,418
Police Personnel & Training Coordinator MC 920 $5,664 $5,947 $6,245 $6,557 $6,885 $7,229 $7,590 Police Sergeant HPMA 601 $10,536 $11,063 $11,616 $12,197 $12,807 $13,447 Principal Accountant MC 929 $7,074 $7,427 $7,799 $8,189 $8,598 $9,028 $9,479 Principal Engineer HMMA 551 $9,753 $10,241 $10,753 $11,291 $11,855 $12,448 Principal Planner HMMA 551 $9,753 $10,241 $10,753 $11,291 $11,855 $12,448 Procurement Administrator HMMA 541 $7,619 $8,000 $8,400 $8,820 $9,261 $9,724 Program Coordinator - Office of Violence Prevention MC 915 $5,006 $5,257 $5,519 $5,795 $6,085 $6,389 $6,709 Property & Evidence Technician HNSPEA 336 $4,964 $5,212 $5,473 $5,746 $6,034 $6,335 Public Information Social Media Officer HMMA 539 $7,252 $7,615 $7,995 $8,395 $8,815 $9,256 Public Safety Dispatch Supervisor HMMA 536 $6,734 $7,071 $7,425 $7,796 $8,186 $8,595 Public Safety Dispatcher HNSPEA 338 $5,561 $5,839 $6,131 $6,438 $6,759 $7,097
11.01.2024KB City of Hemet Salary Schedule Last Approved: 10.08.2024
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Salary Schedule by Position
Effective November 12, 2024
Approved by Council
November 12, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Public Safety Dispatcher - On Call n/a PTB $40.94 (Per hour) Public Safety Office Specialist HNSPEA 330 $4,111 $4,317 $4,532 $4,759 $4,997 $5,247 Public Safety Office Specialist Supervisor HMMA 530 $5,807 $6,097 $6,402 $6,722 $7,058 $7,411 Public Safety Operator HNSPEA 333 $3,819 $4,010 $4,210 $4,421 $4,642 $4,874 Public Safety Support Services Manager HMMA 551 $9,753 $10,241 $10,753 $11,291 $11,855 $12,448 Public Works Director/City Engineer AW PWE $16,119 $16,925 $17,772 $18,660 $19,593 Public Works Inspector I SEIU 459 $5,762 $6,050 $6,352 $6,670 $7,004 $7,179 $7,358 Public Works Inspector II SEIU 463 $6,360 $6,678 $7,012 $7,363 $7,731 $7,924 $8,122 Public Works Operations Manager HMMA 551 $9,753 $10,241 $10,753 $11,291 $11,855 $12,448 Senior Building Inspector SEIU 467 $7,020 $7,371 $7,740 $8,127 $8,533 $8,747 $8,965 Senior Engineering Technician SEIU 463 $6,360 $6,678 $7,012 $7,363 $7,731 $7,924 $8,122 Senior Planner HMMA 544 $8,205 $8,615 $9,046 $9,498 $9,973 $10,472 Senior Public Works Inspector SEIU 471 $7,749 $8,137 $8,543 $8,971 $9,419 $9,655 $9,896 Streets Supervisor HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Tree Trimmer SEIU 453 $4,968 $5,217 $5,478 $5,752 $6,039 $6,190 $6,345 Water Dist Sys Oper I SEIU 449 $4,501 $4,726 $4,963 $5,211 $5,471 $5,608 $5,748 Water Dist Sys Oper II SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Water Production Systems Oper. I SEIU 456 $5,351 $5,618 $5,899 $6,194 $6,504 $6,666 $6,833 Water Production Systems Oper. II SEIU 461 $6,054 $6,356 $6,674 $7,008 $7,358 $7,542 $7,731 Water Quality & Conserv. Spec. SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Water/Waste Water Superintendent HMMA 553 $10,247 $10,759 $11,297 $11,862 $12,455 $13,078 Water/Waste Water Supervisor HMMA 539 $7,252 $7,615 $7,995 $8,395 $8,815 $9,256
11.01.2024KB City of Hemet Salary Schedule Last Approved: 10.08.2024
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Salary Schedule by Position
Effective November 12, 2024
Approved by Council
November 12, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Number of Authorized Titles 137
All rates are monthly unless otherwise indicated.
BARGAINING UNIT KEY
At Will AW
Elected Officials E
Hemet Firefighters Association HFFA
Hemet Mid Management Association HMMA
Hemet Non-Sworn Personnel HNSPEA
Hemet Police Officers Association HPOA
Hemet Police Management Association HPMA
Management/Confidential Personnel MC
Service Employees International Union SEIU
Updates to this salary schedule is the addition of the Deputy Director of Community Development.
11.01.2024KB City of Hemet Salary Schedule Last Approved: 10.08.2024
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Nov 12 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
Preliminary Overview of Planned December 10, 2024 City Council Briefing on Existing Warehouse Development Standards, AB 98, and Related Future Action Items RECOMMENDED ACTION:
It is respectfully recommended that the City Council receive a preliminary overview of the planned December 10, 2024 City Council report on existing warehouse development standards, AB 98, and related future action items, and provide direction to City staff.
BACKGROUND:
Mayor Males requested and the City Council held a Special Meeting on Saturday, October 12, 2024 to consider adoption of an Urgency Ordinance establishing a 45-day moratorium on the establishment or expansion of warehouse and distribution facilities in the City of Hemet. After a presentation of the Draft Ordinance and public comment, the Council voted 4-1 (with Mayor Males opposing) to continue the discussion of the Moratorium to their December 10, 2024 meeting. Additionally, Councilmembers requested City staff provide an overview of the types of development on the horizon including traffic impacts, jobs, hours of operation, impacts on property values, comparative information contrasting different types of development, training on newly enacted AB 98, and an invitation to the Planning Commission to attend the meeting.
The purpose of this report is to share with and receive feedback from the City Council about a conceptual agenda for the December 10, 2024 Council Meeting.
ANALYSIS:
The following report is organized into five sections:
1. Review of Current Municipal Code Regulations
2. Overview of AB 98 (signed into law on September 29, 2024 by Governor Newsom)
3. Draft Ordinance Update / Performance Standards
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4. Status and Characteristics of City
5. Received Warehouse Applications
6. Traffic Impacts Comparison and Discussion
Current Zoning
Warehouses and product fulfillment centers are currently a permitted use in the Manufacturing Zones (See Hemet Municipal Code Section 90-1043). Warehouses less than 400,000 square feet are permitted uses in all three manufacturing zones (BP, M-1, and M-2). For warehouses 400,000 square feet or greater, approval is subject to a Conditional Use Permit for BP zone (Planning Commission Approval) or Administrative Use Permit for M-1 and M-2 (Community Development Director Approval).
Designated Truck Routes (see attached map)
Truck Routes are established in Hemet Municipal Code Section 78-61 and consist of:
Florida Avenue (SR 74).
San Jacinto Street (SR 79), between Florida Avenue on the south and the northerly city limits.
State Street.
Sanderson Avenue.
Stetson Avenue between Sanderson Avenue on the west and State Street on the east.
Domenigoni Parkway.
Warren Road.
Menlo Avenue between Sanderson Avenue on the west and San Jacinto Street on the east.
Master Property Tax Agreement
A master property tax transfer agreement between a city and county in California establishes a streamlined framework for reallocating property tax revenues in cases of future annexations. This agreement provides a pre-determined formula or criteria for dividing property tax revenue between the city and county when unincorporated areas are annexed into city boundaries. By setting consistent guidelines, the agreement simplifies negotiations, promotes financial predictability, and aligns with California’s Revenue and Taxation Code, which mandates that cities and counties come to mutual terms on tax distribution in annexation cases. Such agreements benefit both parties by facilitating urban growth and expanding city services while ensuring counties retain adequate revenue to support their responsibilities in remaining unincorporated areas.
The property tax allocations for the areas relevant to future warehouse construction in Hemet are as follows:
When the City of Hemet assumes the service responsibility for the suppression and prevention of structural fires, the City shall receive 100% of that portion of the property tax revenue generated.
When the City of Hemet assumes the services responsibility for the provision of library services, the City shall receive 100% of that portion of the property tax revenue generated. When the City of Hemet assumes the responsibility of providing all other municipal services, the City shall receive 25% of the County of Riverside’s share of that portion of the property tax revenue generated.
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The County Auditor is requested to convert the above established percentage figures into actual dollars and thereafter allocate such property tax revenue in accordance with the provisions of Section 95 of the California Revenue and Taxation Code.
AB 98 Discussion
AB 98 establishes statewide regulations for planning and zoning, targeting logistics facilities to address environmental and community impacts related to air quality, traffic, and noise pollution. This report discusses an implementation strategy for the City of Hemet.
AB 98 is designed to balance the economic growth of logistics facilities with environmental protection and public health goals. The law mandates stricter standards for the establishment, expansion, and operation of logistics facilities, especially warehouses, with an emphasis on reducing negative impacts on air quality, managing traffic flow, and minimizing residential disruptions.
Specific provisions include:
installation of energy-saving features such as solar panels and electric vehicle charging stations
transition to zero-emission forklifts
establishment of buffer zones between warehouses and sensitive areas such as homes, schools and parks
establishment of truck routes that avoid residential areas Implementation Steps for the City of Hemet
Update of Zoning and Permitting Processes. The City will revise zoning codes to integrate AB 98 standards. This may include reclassifying certain logistics zones and adding specific restrictions or conditional use requirements.
Permitting Adjustments: AB 98 compliance checks will be integrated into the permitting process for new and expanding logistics facilities.
Development and Enforcement of Truck Route Plans
The City will identify any proposed logistics facilities that are unable to meet the truck route requirements of AB 98 and develop truck route plans that minimize traffic through residential zones.
The Public Works department will assist in creating circulation plans that accommodate truck traffic while protecting residential and commercial access. Regular assessments will ensure that truck routes are followed, with adjustments as necessary based on community feedback and traffic data.
The City and facility operators may incur costs related to facility upgrades, monitoring, and compliance enforcement. Long-term, these changes are expected to improve quality of life, reduce health costs, and promote sustainable economic growth.
Draft Ordinance Update / Performance Standards
The City Attorney's Office is working with Community Development staff to prepare a draft ordinance update to bring the City's current development standards into alignment with AB 98 and to follow the
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practices of other agencies, such as the City of Moreno Valley's "Good Neighbor Policy". The provisions of the ordinance update are anticipated to include:
Emissions and Air Quality Control
1. Zero-Emission Equipment Requirements:
o Required use of zero-emission forklifts and other material-handling equipment. Dieselpowered equipment is prohibited unless an exemption is granted by the city based on technology limitations.
2. On-Site Vehicle Idling Restrictions:
o Prohibitions of vehicles idling on warehouse premises, including loading and unloading zones.
o Clear signage must be posted throughout the facility to inform drivers of idling restrictions.
3. Electrification Infrastructure:
o Warehouses shall provide charging stations for electric trucks and delivery vehicles proportional to the number of loading docks, ensuring future scalability as electric truck adoption grows.
Traffic Management and Routing
1. Truck Route Plans:
o Prior to approval, warehouses will be required submit a truck route plan that directs all truck traffic along designated routes, avoiding residential and sensitive receptor areas. o Truck routes must be approved by the city’s public works department.
2. Restricted Delivery Hours:
o Potential restrictions on truck deliveries to minimize noise pollution and residential disturbance based on location/truck routes.
3. Vehicle and Pedestrian Safety Measures:
o Safety features such as separate entry points for trucks and passenger vehicles, clear signage, and pedestrian pathways to prevent conflicts between trucks and pedestrian or personal vehicle traffic.
Noise Mitigation Standards
1. Sound Barriers and Acoustic Insulation:
o Facilities located near residential or sensitive receptor zones required to install sound barriers or use acoustically insulated building materials to reduce noise impact.
2. Operational Noise Limitations:
o Noise levels shall not exceed local noise ordinance limits at the property line.
Operations involving loud equipment (e.g., compressors, loading/unloading of heavy materials) must be limited to daytime hours.
Site Design and Landscaping Requirements
1. Buffer Zones and Landscaping:
o Landscaped buffer zones must be maintained between the warehouse and any nearby residential or sensitive receptor. This buffer shall include trees and shrubs that aid in air filtration.
2. Green Roof or Solar Roof Requirement:
o Consider requirements to install either a green roof to help with stormwater management and air quality or a solar roof to offset energy consumption.
3. Stormwater Management and Pollution Control:
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o Facilities shall incorporate stormwater management systems designed to prevent pollution from entering waterways, including on-site filtration and containment systems.
Compliance Monitoring and Enforcement
1. Regular Inspections and Penalties for Non-Compliance:
o Periodic inspections to ensure compliance with the standards. Non-compliance will result in progressive penalties, including fines, operational restrictions, or revocation of permits for repeated violations.
2. Corrective Action Plan Requirement:
o If a facility is found in violation of any performance standard, the city may require submission of a corrective action plan detailing steps to achieve compliance.
3. Public Complaint Process:
o Publicly accessible complaint process, including a dedicated hotline and email address for reporting issues such as noise, traffic, or air quality concerns. All complaints must be documented and resolved, with reports submitted to the city.
Status of Warehouse Applications
As summarized in Attachment 1, the City has received nine warehouse applications totaling approximately six million square feet over approximately 15 buildings. Two of the warehouse projects have received Planning Commission approvals and have advanced to construction.
The Kirby Industrial project near Kirby and Acacia, consists of 838,800 square feet and will be occupied by a clothing retailer that is relocating its corporate headquarters and approximately 500 jobs from Rialto.
National Tube Supply’s 85,260 square foot warehouse is under construction at the corner of Sanderson and Wentworth. This project is expected to result in approximately 20 jobs.
Of the remaining applications, three range in size from 25,500 to 32,400 square feet, and there are seven other buildings that range in size from 266,102 to 1.1 million square feet.
Traffic Impacts Discussion and Comparison
In evaluating the traffic impacts of warehouse developments, it is essential to compare them to other land uses to understand their unique demands on infrastructure and local transportation systems.
One way to consider the impacts is to examine the traffic generated by warehouses on a per-acre basis, alongside two other common land uses: moderate density residential housing (e.g., mobilehome complexes) and commercial shopping centers.
Warehouses have distinct traffic patterns due to their reliance on trucks and delivery vehicles, with operational schedules that can differ significantly from residential or retail areas. High-density residential housing generates moderate, steady traffic largely during commuter hours, while commercial shopping centers have the highest traffic volumes, especially during peak shopping times, with a mix of short customer visits and high turnover. By comparing these land uses, we can better gauge the infrastructure and roadway needs associated with warehouse development and identify potential challenges related to congestion, road maintenance, and neighborhood compatibility.
1. Mobile-Home Park
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Average Daily Trips (ADT): Approximately 4.99 trips per day per unit Per Acre Estimate: Assuming an average density of 8 units per acre, mobile-home parks generate roughly 39.92 trips per acre per day.
Characteristics: Low to moderate traffic impact, largely residential with fewer peak hour surges.
2. Commercial Shopping Center
Average Daily Trips (ADT): 37.01 trips per day per 1,000 square feet of floor area, depending on the size and type of the shopping center.
Per Acre Estimate: A shopping center typically has about 11,000 square feet of retail space per acre. This results in roughly 407 trips per acre per day. Characteristics: High traffic generation, with peak hours during weekends, evenings, and holidays. Traffic includes a mix of short trips, including high turnover for certain retail uses, like restaurants or grocery stores.
3. Warehouse
Average Daily Trips (ADT): Approximately 1.71 trips per day per 1,000 square feet of warehouse space.
Per Acre Estimate: A typical warehouse might have around 13,000 square feet of floor space per acre, generating approximately 22.2 trips per acre per day. Characteristics: Generally moderate traffic impact, often concentrated during specific operational hours. Trips are primarily truck traffic, which can have different peak times than retail or residential uses, and pose additional considerations for road wear and intersection handling capacity.
Land Use Estimated Trips per Acre per Day
Mobile-Home Park 39.9
Commercial Shopping Center 407.1
Warehouse 22.2
Additional Resource Material
Additionally, attached is a February 2024 report entitled “The State of Work: Transportation, Distribution, and Logistics (TDL) in the Inland Empire” prepared by the Center for Social Innovation at UC Riverside. The report provides significant information on the TDL Sector in the Inland Empire, including information on:
Community, health, and environmental impacts
Job opportunities, quality, compensation, and working conditions Worker profiles
Worker and community well-being
Community Benefit Agreements
Public Funding
Policy Recommendations
Future Research Avenues
DISCUSSION:
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Given the anticipated City Council certification of November 5, 2024 Election Results and the reorganization of the City Council, the Council may desire to continue the item to an alternate date in December (e.g. Monday, December 18) or a date in January 2025.
STRATEGIC PLAN INTEGRATION:
N/A
ATTACHMENT(S):
Attachment 1 - City of Hemet Designated Truck Routes
Attachment 2 - Active Industrial Project List
Attachment 3 - TDL Study 2024
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Truck Route Legend
City of Hemet
San Jacinto
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ACTIVE INDUSTRIAL PROJECTS
CITY OF HEMET COMMUNITY DEVELOPMENT
APN(S) Project Number(s) Project Name Project Location Description Square Footage Acres Status Date Applied Date Approved Date of Entitlement Expiration
Applicant/Developer
456030018
456030019
456030009
456030010
456030028
456030042
456030038
456030039
456030042
456030041
456030040
ZC24-002, MAP24-003,
GPA24-002 & CUP 24-
004
Hemet Industrial Park
(Formerly Sanderson
Square & Sanderson
Industrial Project)
Sanderson near Acacia
(Between Acacia &
Johnston
1,031,680 square foot industrial warehouse on
48.30 acres, 58' building height.
1,196,742 sq ft warehouse/storage over 3
buildings on five lots
Building 1: 1,031,680
Building 2: 386,000
Building 3: 266,102
Building 4: 544,640
2,228,422 95.69 Application in
Review
9/27/2024 N/A Sergio Sanchez
456040028,
456040029
SDR23-002 National Tube Supply Wentworth Drive & S.
Sanderson Avenue
Development of 85,230 square-foot Industrial
building with related parking and on-site
improvements.
85,260 5.76 Under
Construction
2/1/2023 2/27/2024 2/27/2026 National Tube Supply
456010025 ZC22-002
SDR22-017
GPA24-001
Hemet 63 Warehouse
& Industrial
Florida & Acacia
Construction of four warehouse buildings
totaling 1,100,000 square-feet on 61 acres. The
project also includes a Tentative Parcel Map for
the subdivision into four (4) parcels, and a ReZone of a portion of the property from General Commercial to Commercial Manufacturing.
1,100,100 61 Environmental
Impact Report
Preparation in
Progress
12/9/2022 212 Markham, LLC
465140043 CUP22-006
GPA22-003
Simpson Business Park Warren & Simpson
Road
The development of two warehouse buildings on
approximately 65.28 acres. Building # 1 is
992,880 square feet and building # 2 is 324,480
square feet
1,317,360 65.28 Public Hearing
Estimated for
November or
December
11/29/2022 Newland Capital Group
456030020 CUP22-002 Kirby Industrial S/O Kirby Street & Acacia
Construction of a 838,880 square-foot
warehouse building with 19,282 square feet of
ground floor office
838,880 43.56 Under
Construction
6/8/2022 12/5/2023 12/5/2025 Newland Capital Group
456140008 SDR21-021 JD Fields & Company S/o SE Corner W Acacia & S Gilmore
approximately 9.52 acres and existing vacant lot
will be developed into the proposed
manufacturing warehouse. The proposed
development will include a proposed 22,000 sf
warehouse building and 3,000 sf office.
25,000 9.52 PC Scheduled for
10/15/24
12/8/2021 JD Fields & Company
439090022
439080014
SDR24-004 Santa Fe Industrial
Project
Corner of N Santa Fe &
Midway St
A warehouse and distribution facility with space
to park semi trucks and a single 359,893 sq ft
building
359,893 18.3 Application in
Review
9/20/2024 Sergio Sanchez
443181034,
443181037,
443181051,
443181043,
443181040,
443181047,
443181045,
443181042,
443181038,
443181046,
443181044,
443181039
PR24-011 Dosner Organic Farms 630 W. Latham Dosner Farms Organic herbs packing and distribution within existing building. Conversion
of use. Previously Faith World Church.
25,500 2.87 Traffic Study in
Progress
3/15/2024 Dosner Organic Farms
456040048 PR24-006 Multi-Tenant
Warehouse
814 Airway Place Alvin Fang Multi-tenant (3) distribution warehouse
32,400 3 Preliminary
Application
process in
review
2/8/2024 Alvin Fang
Total: 6,012,815
DISCLAIMER: While considered to be accurate, the information contained in this list is subject to change and should not be relied upon for property purchases, leases, or other financial transactions. For more information, contact the City of Hemet Community Development Department at 951-765- 2375 or visit City Hall at 445 E. Florida Avenue, Hemet, CA 92543 C:\Users\mflejter\OneDrive - City of Hemet\Planning Division\Projects\PROJECT LOGS\ACTIVE PROJECT LIST\Active Project List.xlsx 1 Page 9 of 76
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State of Work: TDL in the Inland Empire 3
The State of Work
Transportation, Distribution, and
Logistics in the Inland Empire
FEBRUARY 2024
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State of Work: TDL in the Inland Empire 1
TABLE OF CONTENTS
Introduction 2
The TDL Sector in the Inland Empire 3
Quantitative Research Findings 6
Job Quality 12
The Future of TDL Work in the IE 26
Worker Well-Being as Community Well-Being 35
Conclusion 42
References 43
WORKER PROFILES
John 13
Prabh 18
Xavier 19
Sahib 22
Mateo 23
Doug 23
Melissa 26
Tabitha 27
Sophia 30
Karla 31
Jack 31
FIGURES
Employment 6
Occupational Segregation 7
Median Real Annual Earnings 8
What’s Left After Rent 9
Health Insurance Coverage 9
Job Posting Ratios 11
Employed Workers: Union Membership 24
EXECUTIVE SUMMARY
“The State of Work: Transportation, Distribution, and
Logistics in the Inland Empire” offers a comprehensive
exploration of the Transportation, Distribution, and Logistics (TDL) sector in Southern California’s Inland Empire.
This pivotal sector, integral to both national and global economies, includes transportation services, warehousing, and logistics services. Despite recent size decline, the TDL sector has shown rapid expansion over the last five years, particularly in warehousing and transportation, significantly impacting the region’s employment landscape.
This report delves into the various challenges and opportunities presented by the TDL sector. Notably, the concentration of warehouses and distribution centers has sparked concerns about environmental impacts, traffic congestion, and job quality. The authors also examine the geographic spread of warehouse developments and their community
and environmental ramifications, highlighting the complex balance between economic growth and maintaining quality of life.
A key focus of this report is the detailed occupational and industry analyses, underpinned by both quantitative and qualitative research. This includes insights from interviews with warehouse workers and truck drivers, offering a closer look at the realities of working conditions in the sector.
The findings reveal disparities in wages, job security, and working conditions, particularly for blue-collar roles, and discusses the implications of automation and technological advancements in the TDL sector.
This report emphasizes the need for policy interventions to enhance labor standards, enforce labor laws, and integrate labor considerations into climate policies, drawing inspiration from recent legislation like the temporary agency workers’ bill of rights. It also highlights future research directions, focusing on the sector’s continuous evolution and ensuring that the voices of those most affected remain central. The report advocates for a balanced approach,
prioritizing both economic growth and the well-being of workers and the community.
The report concludes with a call to address the multifaceted impacts of the TDL sector. It underscores the importance of informed policymaking and strategic planning to harness the sector’s economic potential while mitigating its challenges. By providing a nuanced view of the TDL sector, the report aims to guide decision-makers, employers,
workers, and community activists towards a sustainable
and equitable economic future in the Inland Empire.
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2 State of Work: TDL in the Inland Empire
INTRODUCTION
The Inland Empire (IE), consisting of Riverside and
San Bernardino Counties in Southern California, has
emerged as a critical nexus for the Transportation,
Distribution, and Logistics (TDL) or goods movement
sector. The TDL sector, pivotal to the functioning of both the national and global economy, encompasses a wide
range of jobs or activities involved in the movement of retail and wholesale goods and business supplies from
producers to consumers and businesses. It includes
transportation services (via road, rail, air, and water), warehousing and storage facilities, and logistics services that coordinate and manage the flow of consumer products, manufacturing parts, and other goods from
manufacturing sites and the Ports of Los Angeles and
Long Beach to retail stores, businesses, and, increasingly to consumers’ homes.
This sector is very large and, although its growth has
stalled over the past year (Southern California Association of Governments 2023), it grew significantly over the past five or more years (CSI and IELCC at UCR
2023; Emmons Allison and Reese 2023). As a result, the
“transportation and warehousing” industry was the second largest employing industry in the IE, providing 13 percent of all jobs in 2021–2022 (see Table 1 in Appendix 1). By 2023, it was the largest employing industry,
employing 16.4 percent of payroll jobs (Southern California Association of Governments 2023). Within the IE, most Transportation and Warehousing jobs are located
within San Bernardino County. In fact, Transportation
and Warehousing provides the largest percentage of all
jobs (16.2%) in San Bernardino County and the fourth
highest percentage of jobs in Riverside County (9.7%).
Moreover, we find that employment in Transportation
and Warehousing grew rapidly (84%) over the five year
period between 2016–17 and 2021–22 (see Tables 1 and
2 in Appendix 1).
The extent and growth of employment in the TDL sector
is likely to be even larger than these statistics suggest since workers involved in the movement and storage of
goods, or logistics, are commonly employed by other
industries, such as employment services (temporary
agencies), wholesale trade, and retail.
When we consider whether the TDL industry has had a
“positive” or “negative” impact for IE workers, we must consider the sector holistically, from the bottom-up,
from the perspective of local residents, many of whom
are workers who make our economy run.
Our approach is guided by the following three assumptions:
• Environmental impacts are worker impacts since
many workers both work and live in the IE.
• When assessing the impacts of TDL on workers,
we need to examine the conditions of blue-collar,
non-supervisory workers, and not just focus on
higher-paying occupations.
• Both quantitative data and worker experiences (as
workers themselves understand them) matter.
DEFINING THE TDL SECTOR
At its core, the TDL sector is characterized by its focus on the efficient and effective transportation and storage of physical goods. This encompasses everything from the management of supply chains to the actual
physical movement of products, and sometimes their
final assembly for preparation for consumers and
retail stores. The sector is broad, covering a range of sub-sectors such as trucking, warehousing, freight
rail, air cargo, and logistics services. The occupational landscape of the TDL sector within the IE is diverse,
ranging from airline pilots, blue collar truck drivers and warehouse workers, to white collar logistics analysts
and supply chain managers and supervisors.
The broader goods movement sector involves at least
30 industries, among which the warehousing, delivery, and trucking industries are the largest. Most of the job growth in this sector in Southern California
over the next decade is expected to be among heavy
tractor-trailer truck drivers and laborers and freight, stock, and material movers within warehouses. While
most (60%) of Southern California’s trucking and freight transportation companies are located in Los Angeles
County, Riverside and San Bernardino are home to
about 69% of the warehousing and storage facilities.
Warehouse and storage facilities and jobs within them
are expected to further increase in the IE over the next decade due to their proximity to freeways and the relatively lower cost of land compared to coastal counties (ICF Incorporated, LLC 2019).
This report examines the state of work in the IE’s TDL
sector, particularly the most common blue-collar occupations that serve commercial goods movement: longhaul and local delivery truck drivers and warehouse
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State of Work: TDL in the Inland Empire 3
workers, including those employed in large distribution centers as well as small delivery stations. Among
blue-collar warehouse workers, we focus on 5 common
non-supervisory occupations: laborers, forklift drivers, packagers, order fillers, and inventory clerks.1
We also
examine the state of work among the supervisors and
managers of truck drivers and blue-collar warehouse
workers. Our research combines information from
previous studies as well as presenting new findings
from both quantitative and qualitative data.
Our quantitative analyses focus on the extent of fullyear and full-time employment, earnings, and access to employment benefits among workers employed
within key occupations and industries within the TDL
sector. For these analyses, we use public data from
government surveys, including the American Community Survey (ACS), Current Population Survey (CPS), and Quarterly Workforce Indicators (QWI). In addition,
we report findings from an analysis of Burning Glass
data on job advertisements from the most recent year
available to our research team (November 2020 through
October 2021).
Our qualitative analysis draws on in-depth interviews
collected by our research team with current and former
workers employed within trucking and warehousing
in the IE as well as several key informants that were
representatives of organized labor and/or involved in
workforce development. Our research team interviewed
a total of 32 workers currently or formerly employed in the TDL sector. Of these, 12 were blue-collar warehouse workers, 15 were truck drivers, 1 provided administration and business support for a family member’s independent trucking operation, 2 owned a small logistics company, and 2 were warehouse managers. Our truck
driver interview sample included both short-haul and
long-haul truck drivers and drivers that were owner
operators as well as employees. Our warehouse worker
interview sample was mostly direct hires, but at least
two were hired through temporary agencies. Interviewees’ ages ranged from early twenties to mid-fifties.
Seven were women and 25 were men. In terms of race
and ethnicity, 14 identified as Latino only,2
7 identified as
Black only, 1 as white only, 9 as Asian only (1 Thai and 8 Punjabi/Sikh), and 1 as mixed race (Mexican and Cambodian). Interviews were transcribed and then analyzed in terms of common themes. We also summarized our
interview findings through worker profiles. Throughout
this report, we put our research findings into context by reviewing previous research findings on working and
employment conditions of the TDL sector both in the
region and the United States.
THE TDL SECTOR IN THE INLAND
EMPIRE: CHALLENGES AND
OPPORTUNITIES
The TDL sector’s impact on the region is multifaceted.
While it offers significant economic opportunities for the IE, it also presents challenges.
For example, the geographical expanse of the IE, with
its proximity to major ports like Los Angeles and Long
Beach and its extensive transportation infrastructure,
makes it an ideal location for TDL activities. The region’s vast network of highways, such as the I-10, I-15, and
I-215, rail lines, and intermodal yards (Union Pacific and BNSF) facilitate the movement of goods, connecting the
area to other parts of California and other states.
However, the concentration of warehouses and distribution centers has raised concerns about environmental impacts, traffic congestion, and the quality of jobs
available to local residents. Although most IE residents experience increased traffic and air pollution associated with the rise of the TDL sector in the region, some IE
communities are more heavily impacted by its growth
than others since warehouses are more densely concentrated within particular cities than others. Work in the TDL sector, particularly for truck drivers and
warehouse workers, is often marked by demanding
physical labor, long hours, and, in many cases, precarious employment conditions. The recent surge in e-commerce has further intensified the pressure on
these workers, with higher demands for rapid order
fulfillment.
Research also finds that only a small fraction of warehouse owners are located in the region. As a result, the profits from the logistics industry seem to be leaving the region rather than benefiting it, and most warehouse
owners do not experience their negative impacts on
local communities (Horseman 2023).
Understanding the occupational composition, geographical qualifications, and the realities of work within this sector is essential for policymakers, employers,
workers, and community and labor activists. As the
IE continues to evolve as a key hub in the national and global supply chain, addressing these challenges and
leveraging opportunities will be crucial for sustainable and equitable economic growth.
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4 State of Work: TDL in the Inland Empire
KEY AREAS WITH DENSE WAREHOUSE
DEVELOPMENTS
Certain areas within the IE have become hotspots for
warehouse developments, driven by the burgeoning
demand for storage and distribution centers. These
cities have witnessed rapid growth of warehouses and
distribution centers given their strategic locations along major highways, railroads, and/or airports, as well as
having large tracts of land suitable for such developments.
Research on the amount of land in the region being
developed for warehousing and logistics uses finds that 2,275 warehouses were built in the IE region between
2005 and 2021 (Robert Redford Conservancy 2024).
The warehouses also account for a significant portion
of the region’s developable land. Altogether, by 2021
there were about 4,299 warehouses located in the IE,
and about 9,500 in Southern California that are over 1
acre in size. The warehouses are part of a vast network connecting the ports of Los Angeles and LA to other
parts of California (and the nation), with high concentrations in the cities of Industry, Commerce, and Carson in LA County (Robert Redford Conservancy 2024; Robert
Redford Conservancy et al. 2024; Singh and Uteuova
2022). By 2022, the top 10 cities in the IE with the most space dedicated to warehouses were (in rank order of
square footage of existing and planned and approved
warehouse space): (1) Ontario, (2) Moreno Valley, (3)
Fontana, (4) March Joint Powers Authority, (5) Perris, (6) Rialto, (7) Chino, (8) Jurupa Valley, (9) Beaumont, and (10) Rancho Cucamonga (Horseman 2024).
While many of the highest concentrations of warehouses in the IE are in places that have historically been heavily industrial, warehouses are also starting to move into areas that were formerly primarily residential, like Bloomington and Rialto, with large industrial trucks traveling within residential areas. Residents
in many of these areas oppose these new warehouse
and logistics-related developments, though the typical
narrative from municipal-level entities like county board of supervisors, planning departments, and local officials is that these developments will bring in jobs and economic stimulus (De Lara 2018; Emmons Allison and
Reese 2023; Muñoz et al. 2023). A few cities have issued warehouse moratoriums, but even in these areas, new
logistics-related developments continue to be approved.
Among IE cities, Ontario has, by far, the largest square footage of warehouse space (Singh and Uteuva 2022).
Known for its Ontario International Airport and proximity to major highways, the city has become a major hub for air cargo and freight movement. The city’s
landscape has been transformed as warehouses have
replaced dairies and rural farmlands. Amazon is building its largest known warehouse in Ontario, California, covering 4,055,000 square feet, almost a fifth the size of Disneyland. Once completed, the facility is expected to dispatch about 125 million packages annually. In 2022,
another 5.3-million-square-foot logistics center was
planned adjacent to Amazon’s warehouse (Singh 2022).
The World Logistics Center (WLC) in Moreno Valley,
designed to be a 40.6-million-square-foot warehouse
park, will be among the largest of its kind globally.
Approved in 2015 and expected to be completed by 2030,
the WLC will occupy 2,610 acres or 10% of the city’s land (equivalent to 700 football fields). Proponents of the
project suggest that it will help to boost employment in the region by generating over 33,000 jobs in construction and operations. Local residents and environmental organizations, on the other hand, remain concerned that it will increase traffic, air pollution, and harm native wildlife. Environmental lawsuits against the approval
of this project were settled in 2021 for $47 million and required the developer to adopt various measures to
minimize environmental and social impacts, including
the installation of rooftop solar panels and electric
vehicle charging points (Bartholomew 2023).
COMMUNITY AND ENVIRONMENTAL IMPACTS
The expansion of warehouses and consequent pollution of the IE is an environmental justice concern that is exacerbating existing social, economic, and
health inequities in the region. As of 2023, the IE has 1 billion square feet of warehouse space and is awaiting
the approval of an additional 170 million square feet,
which will increase the production of emissions in the
region by 10%. Focusing on the impacts of the 3,321
warehouses larger than 100,000 square feet in the
South Coast Air Basin (which includes the counties of
Los Angeles, Orange, Riverside, and San Bernardino),
researchers found that warehouses generate over 200
million diesel truck trips, which in turn produce over
300,000 pounds of diesel particulate matter, 30 million pounds of nitrogen oxide, and 15 billion pounds of
carbon dioxide per year (Muñoz et al. 2023).
Geography and extreme weather such as “heat waves,
temperature inversions and atmospheric stagnation
episodes” make the bad air quality worse (Muñoz et
al. 2023: 10). The IE is a basin surrounded by the San
Gabriel, San Bernardino, Santa Ana, and San Jacinto
16.A
State of Work: TDL in the Inland Empire 5
mountains. This geography channels air currents
through the IE’s mountain passes, carrying pollutants
from the Los Angeles basin, but also prevents pollution from escaping (Muñoz et al. 2023). The combination of
geographic and socio-economic factors have resulted in
the Inland Empire having the highest ozone levels in the country (American Lung Association 2023).
Communities that are close to warehouses are also
adversely impacted by nuisances such as noise pollution, increased traffic congestion, and monotonous warehouse facades stretching along for miles on roads
that have been made unwalkable because they exist at
the scale of semi-truck traffic, not humans. Warehouse
expansion also disrupts communities’ ecology and way
of life, replacing agricultural lands, areas of cultural significance, green spaces, and natural carbon sinks
such as desert lands (Muñoz et al. 2023). The South
Ontario Logistics Center Specific Plan of 2021, for
example, was designed to replace more than 200 acres
of open lands (Kaneko 2022).
Community advocates view the disproportionate location of warehouses in low-income communities of color as environmental racism. A 2021 report by think tank
Economic Roundtable examined Southern California
census tracts that spend the most amount of money on
Amazon shopping, census tracts where warehouses are
located, and census tracts where warehouse workers
live. The results showed the economic polarization and
structure of privilege in the four-county region. Amazon’s consumers are concentrated in affluent coastal and hillside communities. Warehouses and workers are
concentrated in struggling working class communities.
And public infrastructure bears the cost of trucking
goods from ports to warehouses to consumers (Flaming
and Burns 2019).
HEALTH IMPACTS
The concentration of warehouses being built near
residential areas puts community members at greater
potential risk for air pollution-related health problems.
For example, residents living near distribution centers or corridors with heavy diesel truck traffic have a higher risk of experiencing asthma or cancer. Some census
tracts in Riverside County have over a 15% asthma rate, with some in San Bernardino County at almost 20%
(Muñoz et al. 2023). Cancer risk is within the 95th percentile near the Ontario warehouse gigacluster (Muñoz et al. 2023). These rates become particularly concerning when considering where these warehouses are being
5 built. Within the South Coast Air Basin, 640 schools
are within a half-mile radius of a warehouse (Torres
et al. 2021). There are also racial and socio-economic
disparities related to warehouse locations. Historically marginalized groups are also over-represented when
examining proximity to warehouse locations. In Riverside County, 61% of Latino residents live within 300 feet of a warehouse, though Latino residents make up only
46% of the population. In San Bernardino County, the
comparable figures are only slightly better: 61% and
50%, respectively (Flaming and Burns 2023).
Environmental justice and other community activists
have pressured public regulatory agencies to protect
residents from bad air quality (Torres et al. 2021). In response, the South Coast Air Quality Management
District passed an Indirect Source Rule in 2021 that
requires warehouses over 100,000 square feet to offset
pollution from truck traffic by investing in zero-emissions or near-zero-emissions technology or pay fines.
Since the rule came into effect recently, its effects are not yet known.
Another issue is health care access. Not only are IE
residents more likely to be exposed to air pollution than those living in coastal counties, such as Orange County, but they also have lower access to health care. There
are fewer doctors in the IE per person compared to
Orange County, potentially because doctors in the IE are paid less and might seek out more lucrative positions
in more affluent neighboring counties. Family incomes
also tend to be lower in the IE than in Orange County,
which tends to further reduce children’s and other
residents’ access to health care (Muñoz et al. 2023).
As discussed in our interview findings below, air quality as a public health issue is also a worker issue when
so many residents work in the TDL sector yet receive
inadequate health care through their employers. The
intersection of environment, health, and work is further evident in the push for California’s Occupational Safety and Health Agency to implement a meaningful indoor
heat standard for workers (Warehouse Worker Resource
Center 2023). On a macro level, carbon emissions,
worsened by the concentration of warehouses in the IE,
exacerbate indoor heat issues. At the workplace, the
combination of heat, poor air flow, higher incidence of respiratory illnesses, and lack of support for worker
relief can lead to deadly working conditions.
Logistics developers continue to be drawn to the IE by
regional boosters such as the Inland Empire Economic
Partnership because of a vicious cycle. The region’s low numbers of college graduates rely on so-called lowPage 15 of 76
16.A
6 State of Work: TDL in the Inland Empire
skill jobs (Guilhem 2015), yet as the region’s economy
has grown ever more dependent on warehouses, this
limits the options for workers, and workers have little leverage to demand and attain high-quality employment. The remainder of this report examines the state of TDL workers in the Inland Empire and then presents
models for considering environmental impacts, the
state of TDL work, and overall quality of life within the same frame.
IMPACTS ON WORKERS: QUANTITATIVE
RESEARCH FINDINGS
Who are TDL workers and what are their employment
conditions? To begin to respond to these questions, we
analyzed survey findings from government surveys (ACS
and CPS), focusing on key occupations and industries.
OCCUPATIONAL ANALYSES: KEY FINDINGS
Below, we compare the social and job characteristics
of those employed as heavy-duty, medium-duty, and
light-duty truck drivers and five of the most common
blue-collar warehouse occupations (following De Lara
2013), and their supervisors and managers using 5-year
ACS data unless otherwise specified. Unless otherwise
specified, the occupational category used in these
analyses includes both long distance and local delivery drivers. For a detailed list and description of these
selected eight occupations, see Appendix 2. We also
consider how working conditions among blue-collar
warehouse laborers (the most common blue-collar
warehousing occupation) compares across several key
industries.
Figure 1 shows the size of these occupations across
all industries in the IE relative to the total number
of employed workers in the IE. The most common
blue-collar occupations in the TDL sector are laborers
and freight, stock, and material movers (hand) and
truck drivers. As might be expected, supervisors and
managers are the least common among the eight occupations selected for analysis, making up the smallest percentages of employed workers.
As Figure 2 shows, most employed workers in each
selected TDL occupation were Black or Latino, but the
percentage of Black or Latino workers was the smallest
among supervisors and managers in comparison to the
blue-collar warehouse and truck driving occupations.
Most of those employed in these 8 occupations are
native-born, but immigrant workers made up significant
percentages (19% to 43%) of those employed in these
jobs. The occupations with the highest percentages
of immigrant workers employed in them were hand
packers and packagers (43%) and truck drivers and
sales workers (40%). Immigrant workers made up the
smallest percentages (19% each) of supervisors of
FIGURE 1.
16.A
State of Work: TDL in the Inland Empire 7
FIGURE 2.
Transportation and Material Moving occupations and
stockers and order fillers.
As we can see from Figure 2, the TDL sector has been
and continues to be male dominated. Most of those
employed in all of the TDL occupations shown were
men with the exception of hand packers and packagers,
an occupation where women made up a slight majority
(56%) of employed workers. Stockers and order fillers
were the second most gender integrated occupation
shown, with 41% women. In all other occupations,
women made up no more than 30% of the workers
employed. The most male dominated occupations were
industrial truck and tractor operators (9% of whom are
women) and truck drivers and sales workers (7% of
whom are women).
Figure 3 shows the median personal annual income
from employment for each occupation. As expected,
managers are the highest paid occupation, followed by
supervisors. Median personal income is also notably
higher among truck drivers and sales workers in comparison to all five of the selected blue-collar warehouse occupations. In fact, their median personal income
is just over $11,000 more per year in comparison to
the highest paid blue-collar warehouse occupation,
industrial truck and tractor operators (or forklift drivers). Shipping, receiving and inventory clerks are the second highest paid among these selected blue-collar
warehouse occupations. Hand packers and packagers
receive the lowest median annual income ($23,211)
among all 8 occupations. Laborers and stockers and
order fillers are also low paid positions, receiving a
median salary of just over $25,000 per year.
Figure 4 compares the median monthly incomes among
each selected TDL occupation with the median monthly
rent paid in the IE. The three lowest paid occupations
(packers and packagers, laborers, and stockers/order
fillers), each have about less than $700 left over after paying rent to pay for all other bills, such as food,
transportation, child care, health care and prescription medications, utilities, cell phones, clothing, etc. These findings suggest that these workers struggle to pay for basic bills and many likely rely on help from friends,
family, or social assistance programs. Monthly budgets
are tightest among packers and packagers, who only
16.A
8 State of Work: TDL in the Inland Empire
end up with about $520 per month to pay for non-housing related expenses after paying rent.
The contrast between managers and blue-collar warehouse workers is fairly stark. Managers can have about $3,000 per month left over for non-housing related
expenses after paying the median monthly rent for the
region (see Figure 4). In comparison, truck drivers and supervisors end up with over $1,000 less in monthly
disposable income. This extra income may provide managers with greater ability to afford higher quality housing, establish savings, and/or spend money on leisure activities. Even so, median earnings are relatively low relative to the overall cost of living in the IE even among managers.
Median personal incomes among workers employed in
the TDL sector do not provide living wages for workers
with another non-working adult or child in their family according to the estimates provided by the MIT Living
Wage calculator for Riverside County and San Bernardino County for 2021. According to these estimates for 2021, a worker with a family composed of two adults (one not working) and no children would need to earn an annual income of at least $59,120 in 2021 to afford basic living expenses (including food, housing, transportation, health care, etc.), and workers with families with children, even single-parent families with one child, need to earn even more than this to earn a living wage for their families. Even transportation, storage, and distribution managers, with a median personal income of $53,380 in
2021, are earning less than a living wage if they live with another non-working adult or a child, and just above the living wage if they live with another wage earning adult and have two children (Glasmeier 2021a, 2021b; see
Figure 3).
Most workers in these 8 TDL occupations are employed
full-time and full-year (see Appendix 1 Figure 6).
More than two thirds of workers primarily employed
in each of these 8 occupations are employed full-year
(or 50–52 weeks per year) but the extent of full-year
employment varies across these occupations. More than
90% of managers, supervisors, and truck drivers/sales
workers—the three occupations that have the highest
median personal annual incomes—are employed
full-year. In contrast, 77% of packers and packagers,
which earn the lowest median personal incomes, are
employed full-year.
Most workers in each of the 8 selected occupations
are also employed full-time (30 hours or more per
week). Part-time workers are most common among
laborers and stockers/order fillers, of whom 24%
and 31% respectively are employed part-time. These
figures may underestimate the extent of part-time and
part-year employment within these industries since it
only includes workers for which these occupations are
their primary job. Undocumented immigrant workers
are also likely to be under-represented in the ACS data since many avoid interactions with government officials.
Self-employment is most common among truck drivers/
sales workers, 13% of whom are self-employed. Many
of these drivers own and operate their own vehicles,
some of whom may be misclassified drivers who mostly
serve large logistics or retail companies. About 6%
FIGURE 3.
16.A
State of Work: TDL in the Inland Empire 9
FIGURE 4.
FIGURE 5.
16.A
10 State of Work: TDL in the Inland Empire
of managers are self-employed, perhaps at smaller
warehouses or logistics companies. Among all other
occupations, only about 1–2% of employed workers are
self-employed.
While most workers employed in all 8 occupations
have employer-provided health insurance, as seen in
Figure 5, coverage rates vary. At the lowest end of the spectrum, 48% of packers and packagers and 37% of
laborers lack employer-provided health insurance.
Among blue-collar truck drivers, 39% lack access to
employer-provided health insurance. In contrast, 19%
of managers and 20% of supervisors lack access to
employer-provided health insurance.
Overall, these findings reveal that managers and
supervisors tend to earn the most income, have the
greatest access to employer-provided health insurance,
and nearly all are employed full-time and full-year. On the other hand, packers and packagers tend to earn the
least, have the lowest access to health insurance, and
are the least likely to have full-time, full-year employment. Among blue-collar workers, truck drivers tend to earn more than warehouse workers. Additional analyses of employed workers in selected TDL occupations based on ACS data can be found in Table 3 in Appendix 1.
JOB OPPORTUNITIES BY OCCUPATION &
SUBREGION: BURNING GLASS DATA FINDINGS
To further examine how job opportunities for truck
driving and warehouse labor vary across subregions
within the IE, we analyzed Burning Glass data on job
postings for the most recent year of data available to
our research team. According to data from November
2020 to October 2021, the majority of job postings
across the heavy duty truck drivers, light duty truck
drivers, and laborers occupations are concentrated in
either East San Bernardino County or in Northwest Riverside County. The desert regions, which have smaller populations, have fewer job postings, but do have a
significantly higher ratio of all job postings in Heavy and Tractor-Trailer occupations than the other occupations
studied. These findings show how TDL workers in the IE
have more employment opportunities to obtain work in
some subregions than others (see Figure 6).
INDUSTRY ANALYSES: KEY FINDINGS
As Table 4 in Appendix 1 shows, workers employed in
the Transportation and Warehousing (2-digit) industry
earned lower average monthly incomes in the Inland
Empire ($4,372) compared to other Southern California
counties ($5,729) and the state ($5,983) according to the most recent year of QWI available (third quarter 2021
through the second quarter of 2022). The difference in
average monthly incomes was sizable, with IE workers
in this sector earning an average of $1,300 less per
month than their counterparts in the rest of Southern
California and the state.
Warehouse workers, truckers, and other logistics types
of TDL workers are employed across a broad range
of specific industries, including industries such as
passenger bus transportation and commercial airlines,
that are mostly focused on activities outside of the good movement sector. For this reason, we examined the
social and job characteristics of workers employed by
25 specific (4-digit) industries that are involved in the transportation, storage, and final assembly of products for sale and distribution using QWI data from 2022 (see Table 5 in Appendix 1).
Overall, this analysis reveals that in most of these 25 TDL industries, employed workers were predominantly
male and mostly Black or Latino workers (see Table 5
in Appendix 1 for details). The percentage of employed
female workers is especially low (less than 20%) in general freight trucking (19%), specialized freight trucking (17%), commercial and industrial machinery and
equipment (except automotive and electronic) repair
and maintenance (16%), and beer, wine, and distilled
alcoholic beverage merchant wholesalers (16%).
Several of these 25 TDL industries are quite large
and play important roles within the regional economy,
especially within San Bernardino County. Table 6 and
7 in Appendix 1 show the top employing 4-digit industries in Riverside County and San Bernardino County respectively. As they indicate, Warehousing and Storage employed the second highest number of workers in
Riverside County and the largest number in San Bernardino County. In San Bernardino County, General Freight Trucking was the seventh largest employer,
while Grocery and Related Product Merchant Wholesalers was the 20th largest.
Average monthly earnings across these 25 industries
ranged from a low of $4,425 per month (in miscellaneous non-durable goods merchants wholesalers) to a high of $8,304 per month (in lumber and other
construction materials wholesalers). It is important to note that these findings are for workers employed in a
broad range of occupations within these 25 industries
which could be an important contributing factor to the
16.A
State of Work: TDL in the Inland Empire 11
earnings inequality observed across them
(see Table 5 in Appendix 1).
Unequal earnings across industries
becomes even more pronounced when one
considers annual incomes. For example,
among laborers, the most common occu-
pation in the warehouse industry, median
annual earnings in the IE are notably
lower among those employed within the
employment services (temporary agency)
industry than in electronic shopping or
warehousing and storage, which is partly
due to the lower percentage of workers
employed full-year (50-52 weeks per year)
and full-time (35 hours or more per week).
Less than 35% of laborers in the IE’s
employment services sector have access
to employer-provided health insurance,
compared to 52% in the warehousing and
storage industry and 73% in the electronic
shopping industry (see Table 8 in Appendix
1). Similar inequalities across industries
are found when we consider the findings
for blue-collar warehouse occupations
more generally by combining five of the
most common occupations (see Table 9 in
Appendix 1).
Analyses of ACS data over time reveal that
the percentage of self-employed workers
to total employed workers in the transpor-
tation and warehousing industry (2-digit)
has risen over time in the IE, similar to
what has occurred in Southern California
and the state. Within the IE, the share of
self-employed as a percentage of total
employed workers in transportation and
warehousing for the county has hovered
around 10 percent over the last decade. In
other words, there is one self-employed
worker for every 10 employed workers in
this sector (see Appendix 1, Figures 1–5).
These self-employed workers include
truck drivers who are owner-operators
as well as other types of self-employed
workers, such as gig delivery drivers that
are classified as independent contractors.
Many of these workers, especially many
of those in the gig economy, may be
misclassified and as a result are denied
employment benefits and other labor
rights provided to other workers.
FIGURE 6. JOB POSTING RATIOS
16.A
12 State of Work: TDL in the Inland Empire
Research has shown that when workers are misclassified as independent contractors, they lose workplace protections, access to benefits, and experience a reduction in wages. To address the vulnerabilities workers experience as independent contractors, particularly
truck drivers in the logistics industry, the U.S. Department of Labor announced a final rule for employee or independent contractor classification. Beginning
on March 11, 2024, employers must abide by new
standards to classify employees, which are consistent
with the Fair Labor Standards Act (FLSA), to reduce
the number of misclassified workers (US Department
of Labor 2024). The new rule seeks to protect workers
from being denied minimum wage and overtime pay and
establishes consistent standards business owners can
reference to classify workers.
JOB QUALITY: A CLOSER LOOK
In recent years, good jobs and job quality have become
buzzwords as the COVID pandemic has compelled
workers, employers, and policymakers to rethink what
makes work fulfilling. Yet in the Inland Empire, many
elected officials and business leaders are quick to tell anyone that a good job is one that exists. How can the
region move beyond this low bar?
To assess job quality in the TDL sector in the IE, we
adapt categories from the U.S. Department of Commerce’s Job Quality Toolkit. The toolkit draws on input from a range of experts, including labor unions, in order to guide employers in developing strategies to reduce
employee turnover, increase workers’ satisfaction
and productivity, and promote customer satisfaction
(2022:3–4). The strategies offered are categorized by
eight drivers of job quality: recruitment and hiring; pay; benefits; job security and working conditions; organizational culture; diversity, equity, inclusion and accessibility; empowerment and representation; and skills and career advancement.
The following summary of findings from worker interviews is organized by the five drivers of job quality from the Toolkit that workers and researchers mentioned the
most: (1) job security and working conditions, broken
down into the lack of job security and inequalities
related to employment status, excessive work hours and
lack of work-life balance, physical and mental health
concerns, and, for truckers, parking and routing; (2) pay, benefits, and costs (condensed into a single discussion); (3) entry, skills, and opportunities for advancement; and (4) empowerment and representation.
JOB SECURITY AND WORKING CONDITIONS
Employment Status and the Lack of Job Security
Subcontracting and other non-standard employment
arrangements that are commonly used in the trucking
and warehouse industries often make it difficult to
hold employers accountable for working conditions
and for workers to access various labor rights and
employment benefits. Workers sometimes do not even
know the large retailers or companies for whom they
are working and who set the terms of their employment
contracts. While subcontracting is common within both
warehousing and trucking, temporary and seasonal
work contracts are more common within the warehouse
industry while the misclassification of truck drivers as independent contractors is more commonly found in
trucking. All of these arrangements tend to increase
workers’ precarity and vulnerability to abusive and
exploitative working conditions (De Lara 2018; Viscelli 2016; Emmons Allison and Reese 2023; Gutelius and
Theodore 2019).
Warehouse Workers
Warehouse employers’ reliance on temporary help (or
employment service) agencies to recruit warehouse
workers negatively affects their job quality. In comparison to workers who are directly employed by firms, temporary agency workers tend to earn less and have less access to employment benefits such as employer-provided health insurance (e.g., see Allison et al. 2015a, 2015b; De Lara 2013, 2018; Emmons Allison and Reese
2023; Gutelius and Theodore 2019; and see Table 9 in
Appendix 1). Warehouse employers’ reliance on temporary agency workers has declined in recent years. Many employers are instead recruiting warehouse workers
directly as “seasonal employees,” a status through
which new workers are hired for a limited period of time and paid less and given fewer employment benefits than
regular employees.
While the hiring of seasonal and temporary workers
tends to increase during peak seasons of consumer
spending, such as during the holidays, it often occurs
throughout the year. Similar to temporary agency and
subcontracted workers, employers’ obligations to
employ seasonal workers are time limited, rendering
them precarious and vulnerable to job loss (Emmons
Allison and Reese 2023; Gutelius and Theodore 2023).
Warehouse workers like Mike and Samantha shared
their stress over job security, particularly as seasonal workers. Samantha’s experience transitioning from a
16.A
State of Work: TDL in the Inland Empire 13
JOHN
Location: Moreno Valley
Occupation: Long-haul trucker (small company)
WORKER PROFILES
John is a Black man in his fifties who was born in New Orleans and moved to the Inland Empire in the 2000s after living in other states. He has been driving trucks for close to 10 years, specializing in long hauls and refrigerated trucks. He works for a small trucking company and lives in Moreno Valley, supporting a multi-generational household with 10 dependents.
He was convicted of a felony in another state. Upon his release, the women in his family encouraged him to seek a credential to support himself.
John began training as a travel agent and then as a mechanic, but faced multiple challenges. Eventually he attended an eight-month commercial driver’s license (CDL) training program in Fontana. He took the test three times before he passed it. John emphasized that he was actively recruited by a Black woman whose job was to bring in more truckers of color. He credits his successful entry and license to her tenacity in following up with him.
John’s training program offered a wage during training, but at $400–$500 a week, he called it “slave” labor. Students did not have to pay for the program if they completed it in the prescribed 8 months. He said such training programs extract a tremendous amount of work from trainees that isn’t compensated, and he wished the system weren’t so exploitative.
Offering benefits (health, dental, sick pay) to trainees, he said, would be ideal.
John started out driving for a megacarrier, but he has worked for smaller companies for most of his career. He loves the trucking industry, he said, and believes it’s a viable sector for people who need an alternative to college, including people with criminal records and young men of color. He said he loves not having a supervisor standing over his shoulder and the “serenity” of being on the road.
On the other hand, John said, he doesn’t feel that he gets a consistent, fair wage from the company with which he contracts. Although the company covers most of his maintenance costs, John is responsible for paying any tickets he receives while working. He also said that truckers typically aren’t covered for “pre-check” work they do prior to a long trip.
John owned a truck for the past two years, but it was repossessed a few months prior to our interview with him. He had made a $25,000 down payment to initiate his lease. He shared that leasing programs for truckers are scams; all profits are eaten up by hidden fees that owners pass along to truckers. High fuel and operating costs made it difficult to continue his truck lease, he said, but he plans to get the truck back. He also complained that owner-operators undercut each other by offering ridiculously low prices.
John explained that as an independent contractor he doesn’t receive any health or dental benefits, paid sick time, or leave.
When he needs medical care, he said, he goes to the hospital and pays out of pocket. The time he spends away from his family also affects him, especially since his employer will change his route and timeline mid-trip.
John is aware of the political influence that can be garnered from collective action, saying, “If we [truck drivers] shut down for three days, it’s gonna be problems. … You get no fuel, no gas, no food, no medicine—madness. Nothing. It would be chaos out here.” He said, however, that he has no interest in joining a union, even though he knows unions offer better benefits. He cited the bankruptcy of national trucking megacarrier Yellow and how its unionized workers had their supposedly secure pensions reduced. He thinks unions do not offer enough of a guarantee that the benefits will be worth the cost of paying dues.
John lamented the racial tension between Black and Latino workers. Once, he recounted, a worker at a dock to which he was delivering called him a “n-----” and “bitch” in Spanish and repeatedly ordered him to leave. He said the racist worker forced a physical confrontation that was recorded by company cameras. The company fired him a month later, he said, even though he did not instigate the incident.
16.A
14 State of Work: TDL in the Inland Empire
seasonal to a permanent employee sheds light on the
additional stress and uncertainty faced by temporary
workers. As she explained, “Seasonal work is basically
the same as like a temp, you don’t get all the benefits… you get like partial benefits... you have to work harder to prove that you’re gonna be a good worker.”
While prior to the pandemic warehouses drew on
staffing agencies to address worker shortage, the
pandemic’s rising dependency on online shopping not
only increased the volume of orders but also labor costs due to rising pay rates. Warehouses sought to recruit
and retain employees by directly hiring workers through sign-on bonuses, increased hourly wages, and allowing
for flexible schedules (Gutelius and Theodore 2019).
However, third-party logistics firms continued to hire
temporary workers since their contract terms inhibited
many from increasing their costs of labor. These firms
managed the increase in demand for services and labor
by requiring overtime, increasing recruitment and
retention, and relying on temporary workers (Gutelius
and Theodore 2023).
Truck Drivers
A critical issue in the trucking industry is the misclassification of truckers as independent contractors. This employee misclassification, which increased after the
passage of the Motor Carrier Act in 1980, is especially prevalent in California’s for-hire local freight sector, particularly in port trucking (Smith, Marvy, and Zerolnick 2014). Legitimate independent contractors often work in specialized segments of the trucking industry,
handle specialized cargo, arrange their own business
with shippers, and work unaffiliated with one company
on an exclusive basis.
However, we often see “dependent contractors” today
rather than independent contractors. The Transportation Research Board (TRB) defines “dependent contractors” as drivers who “operate under another motor carrier’s authority, hauls that motor carrier’s freight, and that motor carrier manages its affairs to a significant degree” (Appel and Zabin 2019: 6). Many drivers that own or lease their trucks lease their services for long periods of time to particular freight or logistics companies, giving those companies considerable
control over their working conditions (Viscelli 2016).
The misclassification of truck drivers results in lower compensation for drivers and strips these drivers of
essential labor rights typically afforded to regular
employees. As owner-operators, many truckers are
considered self-employed, which means they are
responsible for their own vehicle maintenance, insurance, and operating costs. While this arrangement offers a degree of independence, it also means they
are denied employment benefits like health insurance,
workers’ compensation, and retirement plans. Furthermore, being classified as independent contractors prevents these drivers from engaging in collective
bargaining, leaving them more vulnerable to exploitative practices by trucking companies (Appel and Zabin
2019).
Misclassification not only impacts truck drivers’ financial stability and job security but also affects their ability to seek redress for grievances, negotiate better working conditions, and receive fair compensation (Appel and
Zabin 2019; Smith et al. 2014). As Viscelli describes,
misclassified long-haul truck drivers “shoulder the
expenses of owning and operating the truck they drive
but get no real benefits in terms of pay or control over their work” (Viscelli 2018: 6). Turnover tends to be high among drivers who are misclassified as independent
contractors and who are especially vulnerable to highly exploitative working conditions since they are not
covered by many labor laws. As a result, these drivers
are also “likely to be less-skilled, less-safe, and lessefficient drivers” (Viscelli 2018: 6).
The Department of Labor’s 2024 final rule distinguishing employees from independent contractors may help to discourage the misclassification of truck drivers
(U.S. Department of Labor 2024). To have its intended
effect, however, it will require additional monitoring and enforcement.
Excessive Work Hours and Lack of Work-Life Balance
Warehouse Workers
Warehouse workers interviewed described the pressure
to work long hours, especially during peak times, as
a common theme. Melissa described the stress of
meeting high quotas during busy periods, while other
workers highlighted the challenges in balancing work
with personal, student, and family responsibilities. Long and exhausting work hours also created challenges for
workers enrolled in college to succeed academically,
creating barriers for their upward mobility (Emmons
Allison and Reese 2023: 87–90).
Samantha’s struggle with caregiving responsibilities
illustrates the hard choices workers face due to rigid
schedules: “Sometimes I have to choose between
16.A
State of Work: TDL in the Inland Empire 15
going to work and I have to go to San Diego to help her [mother]. So I have to choose between picking up an
extra shift or going down there to help her. So I don’t get a lot of rest for myself or time for myself.”
Long and inflexible working hours strain the work-life
balance of warehouse workers. Workers like Mike and
Xavier lamented missing out on family time and personal commitments. For Ivy, this was why she left warehouse work: “I couldn’t stay because I was rarely seeing my family … they were with, you know, my husband or
childcare all day, and then my husband would get them.
By the time I’m home they’re asleep. And all I want to do is sleep [during] my day off because I’m so exhausted.
… Those overtime checks. Yeah, they look nice. But for
what like what am I really doing that for? You know, I’m wearing, tearing my body, but I’m not spending any time with my family. So that was why it was like, OK, you guys can have that. This is for them single people who ain’t got no kids.”
Truck Drivers
Similarly, a common theme that comes across from
truck drivers is the long hours that are spent on the
road each day. For instance, Mateo, when asked about
his biggest dislike of his job as a feeder trailer truck driver for UPS, stated, “It takes up all your time.” Mateo was like many other interviewees, who work 11 hours
per day on average. Such long work hours interfered
with his work-life balance “because your whole day
would be gone.”
Long-haul driving jobs are especially taxing on workers’ physical and mental health. Drivers are typically away
from home for days, often 5 days or sometimes even
more. As Mateo describes it, “So when you’re long haul
you just pick up and go and you drive right? You drive for about 10 hours straight.” Solo owner-operators often
work seven days a week. Many drivers miss their family
and friends when they are away for days or weeks at
a time, and frequent absences from home often put a
strain on family relationships and routines. Sahib, a
driver whose father started driving in 1990, summarized how, “while growing up, you don’t realize, like, hey, why is he missing out on all these events?”
Physical and Mental Health Concerns
Warehouse Workers
Warehouse workers, in their interviews with members
of our research team, reported being asked to perform
unsafe tasks, often contradicting company policies. The physical toll of the job, including injuries and muscle strains, was a significant concern. Samantha’s experience with a pinched nerve and general body soreness illustrates the long-term impact of physically demanding work. As Mike put it, “Working at a warehouse is fine, but doing it for 10 years, 20 years, basically, like all your life is, you know, it’ll eventually catch up to you.” Workplace safety issues are common among warehouse
workers, especially Amazon warehouse workers. In
a 2023 report, the Strategic Organizing Center (SOC)
found that the overall injury rate among Amazon warehouse workers was about 7.0 per 100 workers in 2022 (4). While this rate has slightly improved since 2021, it remains high compared to non-Amazon warehouses.
During 2022, 95% of Amazon’s 38,609 injuries were
considered serious, forcing workers to take time off or be given a different position. Workers stated they were given different responsibilities to heal their injuries rather than being given time off. If workers did receive time off, they were pressured to return to work by their supervisors although they had not fully recovered from
their injury (Rosenblatt 2023).
As a result of Amazon’s egregious failure to ensure
the safety of their warehouse workers, some safety
violations at their warehouses have been deemed
“willful.” This is the most serious type of safety violation that OSHA can issue, and is given when companies are
found to be “‘knowingly fail[ing] to comply with a legal requirement’ or operating with ‘plain indifference to
employee safety’” (cited in Strategic Organizing Center 2023: 9). In 2018, Amazon rolled out a “temporary
light duty” (now called “return to work”) program that
created additional positions for workers that were hurt too badly to perform their normal jobs. This program
allows Amazon to reduce the number of injuries it has
to report in the most severe injury category and helps
to reduce Lost Time Injuries and workers compensation
costs. Some investigations have also found that some
Amazon facility managers have repeatedly failed to keep accurate records of workplace injuries. Amazon has the
expertise to identify dangers in the workplace and the
power to mitigate them, but often fails to do so. In light of Amazon continuously choosing to prioritize profit over people, it is evident that workers, regulators, sharePage 25 of 76
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