13.B
11/14/2024
Voucher List
City of Hemet
65 12:33:27PM
Page:vchlist
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 214368 11/14/2024 (Continued)91112 UNIFIRST CORP
684-4550-2700 42.52
UNIFORM CLEANING SERVICES2200195746
UNIFORM CLEANING SVC2025-000048
110-4250-2700 15.06
UNIFORM CLEANING SVC2025-000048
228-8250-2700 15.06
UNIFORM CLEANING SVC2025-000048
225-8250-2700 15.07
UNIFORM CLEANING SERVICES2200195747
UNIFORM CLEANING SVC2025-000048
254-4650-2700 45.71
UNIFORM CLEANING SERVICES2200195748
UNIFORM CLEANING SVC2025-000048
254-4600-2700 26.29
UNIFORM CLEANING SERVICES2200195749
UNIFORM CLEANING SVC2025-000048
228-8265-2700 21.08
Total : 1,670.64
214369 11/14/2024 99433 UNITED PLUMBING SERVICES LLC REQ 110124 REQUEST FOR PERMIT CANCELLATION
REQUEST FOR PERMIT CANCELLATION
120-0221 142.00
REQUEST FOR PERMIT CANCELLATION
120-2019 1.00
REQUEST FOR PERMIT CANCELLATION
120-0636 5.00
REQUEST FOR PERMIT CANCELLATION
120-0635 4.10
REQUEST FOR PERMIT CANCELLATION
110-2039 6.38
REQUEST FOR PERMIT CANCELLATION
120-0291 45.60
REQUEST FOR PERMIT CANCELLATION
120-0223 6.84
REQUEST FOR PERMIT CANCELLATION
65Page:
13.B
11/14/2024
Voucher List
City of Hemet
66 12:33:27PM
Page:vchlist
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 214369 11/14/2024 (Continued)99433 UNITED PLUMBING SERVICES LLC 571-0730 144.00
REQUEST FOR PERMIT CANCELLATION
110-0631 97.00
REQUEST FOR PERMIT CANCELLATION
110-0632 193.00
Total : 644.92
214370 11/14/2024 70074 V & V MANUFACTURING INC 60541 PRESENTATION MEDALS HEMET PD MERIT MEDAL2024-000671
110-3000-2700 675.00
HEMET PD LIFESAVING MEDAL2024-000671
110-3000-2700 1,485.00
HEMET PD PURPLE HEART MEDAL2024-000671
110-3000-2700 810.00
HEMET PD CROSS MEDAL2024-000671
110-3000-2700 810.00
HEMET PD MEDAL OF VALOR2024-000671
110-3000-2700 270.00
Freight2024-000671
110-3000-2700 50.00
NEW Riverside Co Sales Tax
110-3000-2700 354.38
Total : 4,454.38
214371 11/14/2024 99115 VANCE CORPORATION 2024-15.03 CIP 5761 AUTO MALL STREET CIP 5761 Auto Mall Street2025-000222
270-5761-5500 477,073.89
CIP 5761 Auto Mall Street2025-000222
110-5761-5500 220,401.89
CIP 5761 RETENTION HELD
110-2015 -34,873.79
Total : 662,601.99
214372 11/14/2024 70240 VERIZON BUSINESS 09942623 FIRE ADMIN & FS2 FAX-LONG DISTANCE FIRE ADMIN & FS2 FAX-LONG DISTANCE
66Page:
13.B
11/14/2024
Voucher List
City of Hemet
67 12:33:27PM
Page:vchlist
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 214372 11/14/2024 (Continued)70240 VERIZON BUSINESS
680-1935-2200 54.89
Total : 54.89
214373 11/14/2024 97290 VERIZON CONNECT NWF INC 100000099485 GPS SERVICES CO#1 - 11-13-24: Increase PO to cover2025-000206
110-3013-2400 1,705.50
GPS SERVICES100000181540
GPS SERVICES
680-1935-2200 31.90
Total : 1,737.40
214374 11/14/2024 89778 WATERLINE TECHNOLOGIES INC 5715459 SODIUM HYPOCHLORITE BLANKET PO FOR SODIUM HYPOCHLORITE2025-000063
571-9000-2450 705.79
SODIUM HYPOCHLORITE5715460
BLANKET PO FOR SODIUM HYPOCHLORITE2025-000063
571-9000-2450 577.46
SODIUM HYPOCHLORITE5715461
BLANKET PO FOR SODIUM HYPOCHLORITE2025-000063
571-9000-2450 481.22
Total : 1,764.47
214375 11/14/2024 99420 WEBBER, RICHARD 00146886 REFUND - CLOSED UTILITY ACCT
REFUND - CLOSED UTILITY ACCT
571-0835 107.30
Total : 107.30
214376 11/14/2024 97322 WEBB'S K-9 TRAINING 0000632 PD K9 TRAINING SERVICES K9 TRAINING SERVICES2025-000101
110-3000-2710 500.00
Total : 500.00
214377 11/14/2024 95185 WEST COAST CABLE INC 36898 NETWORK CABLING REPORT WRITING ROOM Per quote #24-747~2025-000406
110-3013-2710 2,017.00
67Page:
13.B
11/14/2024
Voucher List
City of Hemet
68 12:33:27PM
Page:vchlist
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 2,017.00 214377 11/14/2024 95185 95185 WEST COAST CABLE INC 214378 11/14/2024 72569 WESTERN RIVERSIDE COUNCIL 1942 WRCOG DUES 24/25 WRCOG DUES 24/25
100-2500-2710 9,175.94
Total : 9,175.94
214379 11/14/2024 88383 WESTERN STATES 41737 PARTS/SUPPLIES
PARTS/SUPPLIES
684-4550-2350 381.65
Total : 381.65
214380 11/14/2024 69771 YARY PHOTOGRAPHY 12010 DEPARTMENT PHOTOGRAPHS
DEPARTMENT PHOTOGRAPHS
110-3243-2560 815.63
Total : 815.63
214381 11/14/2024 90322 ZEP SALES & SERVICE 9010316706 SUPPLIES
SUPPLIES
110-4250-2450 266.18
SUPPLIES
225-8250-2450 266.18
SUPPLIES
228-8265-2450 266.19
Total : 798.55
Bank total : 2,579,555.83 205 Vouchers for bank code : 001 2,579,555.83Total vouchers :Vouchers in this report 205 68Page:
13.B
11/14/2024
Voucher List
City of Hemet
69 12:33:27PM
Page:vchlist
Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount I, Tiffany Barnett, Acting Administrative Services Director, do hereby certify under penalty of perjury, that the
materials have been furnished, the services rendered,
or the labor performed as described herein, and that the claim is a just, due and unpaid obligation against the
City of Hemet, and that I am authorized to authenticate and certify to said claim.
69Page:
13.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Dec 10 2024
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Administrative Services Director;
☒ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Fiscal Year 2025-2026 Budget Calendar
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Receive and file the fiscal year 2025-2026 Budget Calendar.
BACKGROUND:
A Budget Calendar serves as the foundation of a solid operational budget document. It is a structured timeline for the City to specify dates for the completion, distribution or receipt of revenue projections, departmental appropriation guidelines and requests. Additionally, it allows for workshops, reviews and approvals at different levels and accounts for the time needed to compile, print and distribute.
ANALYSIS:
The annual budget process for fiscal year 2025-2026 begins in December 2024. The budget team, which includes the City Manager, Administrative Services Director, Accounting Manager, Principal Accountant and all Department Heads, review the needs of the City and available funding. The budget team uses this information to develop spending priorities and department expenditure targets for the upcoming fiscal year.
DISCUSSION:
Below is the planned fiscal year 2025-2026 budget calendar:
DATE ACTION
12/2/2024 Initial Budget Team coordination meeting with City Manager 12/10/2024 Present City Council with proposed budget timeline for review
13.C
12/17/2024 Budget kick-off meeting with all departments 1/20/2025 - 1/31/2025 Back-end preparation of schedules 1/28/2025 Mid-year reports presented to Council
2/4/2025 Issue budget instructions to departments
2/4/2025 Request Internal Service data from departments 2/4/2025 Open Eden for department budget entry
2/4/2025 Position listing distributed to departments
2/18/2025 Expenditure department requests due to Finance via Eden entry 2/18/2025 Revenue projections due to Finance
2/18/2025 Position listing due back to Finance
2/18/2025 Internal Services data due to Finance
2/18/2025 Close Eden for department budget entry
2/19/2025 - 3/7/2025 Compilation of data
3/11/2025 1st Council Budget Workshop
3/14/2025 Strategic Planning Workshop
3/28/2025 Strategic Planning and Budget Workshop review and revisions due to Finance
3/31/2025 Five-year financial forecast (General Fund) 3/31/2024 - 4/4/2025 Revisions of preliminary budget draft 4/15/2025 1st Measure U Oversight Committee Workshop
4/22/2025 2nd Council Budget Workshop
4/28/2025 - 5/2/2025 Budget meetings with departments/divisions 5/9/2025 May budget revisions due to Finance
5/12/2025 - 5/16/2025 Finalization of draft budget
5/20/2025 2nd Measure U Oversight Committee Workshop
5/27/2025 Council Budget Adoption
6/10/2025 Council Budget Adoption (if necessary)
PREVIOUS COUNCIL ACTION:
None.
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 presentation of the Budget Calendar has no fiscal impact.
13.C
ATTACHMENT(S):
Attachment 1: FY 2025-26 Budget Calendar
13.C
- DRAFT -
BUDGET CALENDAR
Fiscal Year 2025-2026
Date Action
12/2/2024 Initial Budget Team coordination meeting with City Manager 12/10/2024 Present City Council with proposed budget timeline for review 12/17/2024 Budget kick-off meeting with all departments 1/20/2025 - 1/31/2025 Back-end preparation of schedules 1/28/2025 Mid-year reports presented to Council
2/4/2025 Issue budget instructions to departments
2/4/2025 Request Internal Service data from departments 2/4/2025 Open Eden for department budget entry
2/4/2025 Position listing distributed to departments
2/18/2025 Expenditure department requests due to Finance via Eden entry 2/18/2025 Revenue projections due to Finance
2/18/2025 Position listing due back to Finance
2/18/2025 Internal Services data due to Finance
2/18/2025 Close Eden for department budget entry
2/19/2025 - 3/7/2025 Compilation of data
3/11/2025 1st Council Budget Workshop
3/14/2025 Strategic Planning Workshop
3/28/2025 Strategic Planning and Budget Workshop review and revisions due to Finance 3/31/2025 Five-year financial forecast (General Fund)
3/31/2024 - 4/4/2025 Revisions of preliminary budget draft 4/15/2025 1st Measure U Oversight Committee Workshop
4/22/2025 2nd Council Budget Workshop
4/28/2025 - 5/2/2025 Budget meetings with Departments/Divisions 5/9/2025 May budget revisions due to Finance
5/12/2025 - 5/16/2025 Finalization of draft budget
5/20/2025 2nd Measure U Oversight Committee Workshop
5/27/2025 Council Budget Adoption
6/10/2025 Council Budget Adoption (if necessary)
13.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Dec 10 2024
Department: Administration
Submitted by: Noah Rau, Acting City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Approval of the City Council Regular Meeting Minutes of November 12, 2024, and the City Council Special Meeting Minutes of October 12, 2024
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve the City Council Regular Meeting Minutes of November 12, 2024, and the City Council Special Meeting Minutes of October 12, 2024.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
ATTACHMENT(S):
Attachment 1: City Council Meeting - Nov 12 2024 - Minutes Attachment 2: City Council Special Meeting - Oct 12 2024 - Minutes
14.A
MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, November 12, 2024
1. WORK STUDY - 4:00 P.M.
2. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 4:10 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.
3. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Mayor Males
Mayor Pro Tem Peterson
Council Members Kendrick*, Krupa, Lilienthal
Staff Present:
City Manager:
City Attorney:
City Clerk:
Mark Prestwich
Steven Graham
John Paul Maier
*City Clerk Maier announced that Council Member Kendrick requested to participate remotely under the Just Cause for GC 54953(j)(2)(D) Travel while on official business of the legislative body or another state or local agency. MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 4-0, to accept Council Member Kendrick’s request to participate remotely in the City Council Meeting. City Clerk Maier further asked Council Member Kendrick if anyone was in the room at the location she was participating at and Council Member Kendrick stated no one else was present.
4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Males asked for Public Comments; no one spoke.
5. WORK STUDY ITEM
5.A A Resolution of the City Council of the City of Hemet, California, Approving the
14.A
City Council Meeting
November 12, 2024
City Council Protocols for the Conduct of Public Meetings and Standards of Conduct
Action:
It is respectfully recommended that the City Council:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM PETERSON, CARRIED, to direct staff to make adjustments to the Resolution of the City Council of the City of Hemet, California, Approving the City Council Protocols for the Conduct of Public Meetings and Standards of Conduct and to provide an updated version to the Council for further consideration and adoption.
6. ADJOURNMENT OF WORK STUDY
Mayor Males recessed the Meeting at 6:36 p.m.
7. REGULAR MEETING - 7:00 P.M.
8. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 7:06 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.
9. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Mayor Males
Mayor Pro Tem Peterson
Council Members Kendrick*, Krupa, Lilienthal
Staff Present:
City Manager:
City Attorney:
City Clerk:
Mark Prestwich
Steven Graham
John Paul Maier
*City Clerk Maier noted for the record that Council Member Kendrick was participating remotely.
10. INVOCATION
Invocation was given by Pastor Jesse Cuaron.
11. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Lilienthal.
12. COMMUNICATIONS FROM THE PUBLIC
14.A
City Council Meeting
November 12, 2024
Mayor Males asked for Public Comments, the following citizen spoke: Diana Martinez, Mr.
Cruz, Deirdra Hampton, and Mick Sobczak.
*Mayor Males announced that comments for 16.A would be received after the Cosent Calendar on the Agenda.
12.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items
12.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter
13. PRESENTATIONS
13.A Small Business Saturday Proclamation
Council Member Krupa presented the Small Business Saturday Proclamation to Mark Oropeza with Traditions Barber.
13.B Lung Cancer Awareness Month Proclamation
Councilmember Lilienthal and Mayor Males presented the Lung Cancer Awareness Month Proclamation to Malcolm Lilienthal Sr.
13.C Diabetes Awareness Month Proclamation
Mayor Pro Tem Peterson presented the Diabetes Awareness Month Proclamation to Jeri Johnston.
13.D USMC 249th Birthday Proclamation
Mayor Males presented the USMC 249 th Birthday Proclamation to the Police Chief Arellano, American Legion Post53, Richard Galindo, and Malcolm Lilienthal Sr.
13.E Veterans Day & Military Family Appreciation Month Proclamation Mayor Pro Tem Peterson presented the Veterans Day & Military Family Appreciation Month Proclamation to Bo and Cindy Boing.
14. RECEIVE AND FILE
14.A Recognition of the Hard Work and Dedication of the Initial Cohort of Community Risk Reduction Fire Cadets and Recognize the Hemet City Council, the County of Riverside Housing and Workforce Solutions (HWS), Workforce Development Division (WDD), and Supervisor Yxstian Gutierrez for Their Support in the Creation of This Program
14.A
City Council Meeting
November 12, 2024
Action:
The City Council received a presentation from Fire Chief Eddie Sell and Deputy Fire Chief Ryan Webb to recognize the hard work and dedication of the initial Cohort of Community Risk Reduction Fire Cadets and recognizing the Hemet City Council, the County of Riverside Housing and Workforce Solutions (HWS), Workforce Development Division (WDD), and Supervisor Yxstian Gutierrez for their support in the creation of this program.
14.B The City of Hemet Warrant Registers Dated September 19, 2024, in the amount of $2,508,479.81, and October 3, 2024, in the amount of $3,545,228.59. The Payroll Periods of September 2, 2024 – September 15, 2024, in the amount of $1,066,717.39, and September 16, 2024 – September 29, 2024, in the amount of $1,080,906.61
Action:
By consensus, the City Council received and filed the City of Hemet Warrant Registers.
14.C City of Hemet Budget Adjustments Dated September 30, 2024 Action:
By consensus, the City Council received and filed the City of Hemet Budget Adjustments Dated September 30, 2024.
14.D City of Hemet Water Distribution System Analysis CIP 5719 Action:
By consensus, the City Council received and filed the City of Hemet Water System Analysis CIP 5719.
15. CONSENT CALENDAR
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to approve the Consent Calendar, with the removal of Items 15.A, 15.B, 15.E,
15.H, 15.I, and 15.N for separate consideration.
15.A Approval of the City Council Regular Meeting Minutes of October 22, 2024 Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to approve the City Council Regular Meeting Minutes of October 22, 2024.
15.B A Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to NV5 Inc., RTM Engineering Consultants LLC, and TKE Engineering as the Three Top Ranked Firms for On-Call, Needed Professional Surveying Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney
14.A
City Council Meeting
November 12, 2024
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-201 of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to NV5 Inc., RTM Engineering Consultants LLC, and TKE Engineering as the Three Top Ranked Firms for On-Call, As Needed Professional Surveying Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney.
Council Member Kendrick noted for the record that she conferred with the City Attorney, regarding her working with hiring and working with the same consultants in the agency that she works with and noted that there is not a Conflict of Interest.
15.C A Resolution of the City Council of the City of Hemet, California, Approving American Rescue Plan Act (ARPA) Fund Budget Transfers
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-202 of the City Council of the City of Hemet, California, Approving American Rescue Plan Act (ARPA) Fund Budget Transfers.
15.D A Resolution of the City Council of the City of Hemet, California, Awarding a Three-Year Microsoft Enterprise Licensing Agreement via the “Riverside County EA” with S.H.I. International Corp for $569,621.46; authorize the Administrative Services Director to record a Supplemental Appropriation in the amount of $9,873.82; and Authorize the City Manager to Execute the Agreement, Purchase Orders, Annual Invoices, Annual Applicable "True-up" Adjustments, and all Other Supporting Documents Related to the Agreement Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-203 of the City Council of the City of Hemet, California, Awarding a Three-Year Microsoft Enterprise Licensing Agreement via the “Riverside County EA” with S.H.I. International Corp for $569,621.46; authorize the Administrative Services Director to record a Supplemental Appropriation in the amount of $9,873.82; and Authorize the City Manager to Execute the Agreement, Purchase Orders, Annual Invoices, Annual Applicable "True-up" Adjustments, and all Other Supporting Documents Related to the Agreement.
15.E A Resolution of the City Council of the City of Hemet, California, accepting Public Improvements associated with Tract 33824-2 and Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bonds to 25% for these Public Improvements and Subsequently Release the Bonds in Accordance with the Provisions of the Subdivision Improvement Agreement (Generally Located East of State St, South of McSweeny Pkwy)
14.A
City Council Meeting
November 12, 2024
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-204 of the City Council of the City of Hemet, California, accepting Public Improvements associated with Tract 33824-2 and Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bonds to 25% for these Public Improvements and Subsequently Release the Bonds in Accordance with the Provisions of the Subdivision Improvement Agreement (Generally Located East of State St, South of McSweeny Pkwy).
15.F A Resolution of the City Council of the City of Hemet, California, Approving a Third Amendment to the Agreement for Professional Services to Prepare the City’s West Master Drainage Plan by and Between the City of Hemet and Michael Baker International, Direct the Administrative Services Director to Appropriate $160,430 of Unencumbered Flood Control Development Impact Fees, and Authorize the City Manager to Execute all Contract Documents in the Final Form and Format as Approved by the City Attorney Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-205 of the City Council of the City of Hemet, California, Approving a Second Amendment to the Agreement for Professional Services to Prepare the City’s West Master Drainage Plan by and Between the City of Hemet and Michael Baker International, Direct the Administrative Services Director to Appropriate $160,430 of Unencumbered Flood Control Development Impact Fees, and Authorize the City Manager to Execute all Contract Documents in the Final Form and Format as Approved by the City Attorney.
15.G A Resolution of the City Council of the City of Hemet, California, Awarding AME Builders, Inc. the Simpson Center Roof Replacement Project, CIP 5762, in the Amount of $726,400, and Authorizing the City Manager to Execute all Contract Documents; Authorizing the Administrative Services Director to Appropriate $208,000 from the Fund 270 Holding Account to Fund the Total Project Costs; and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-206 of the City Council of the City of Hemet, California, Awarding AME Builders, Inc. the Simpson Center Roof Replacement Project, CIP 5762, in the Amount of $726,400, and Authorizing the City Manager to Execute all Contract Documents; Authorizing the Administrative Services Director to Appropriate $208,000 from the Fund 270 Holding Account to Fund the Total Project Costs; and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer.
15.H A Resolution of the City Council of the City of Hemet, California, Awarding 4 Granite Inc. the Police Public Safety Facilities Upgrade, CIP 5744, in the
14.A
City Council Meeting
November 12, 2024
Amount of $1,193,455.32, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or approximately $119,346; Approving Materials Testing and Inspections in the Amount of $20,000; Authorize the Administrative Services Director to Appropriate an Additional $134,618 of ARPA Funds from the ARPA Holding Account to fund the total project cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to Adopt a Resolution 2024-207 of the City Council of the City of Hemet, California, Awarding 4 Granite Inc. the Police Public Safety Facilities Upgrade, CIP 5744, in the Amount of $1,193,455.32, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or approximately $119,346; Approving Materials Testing and Inspections in the Amount of $20,000; Authorize the Administrative Services Director to Appropriate an Additional $134,618 of ARPA Funds from the ARPA Holding Account to fund the total project cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.
15.I 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
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-208 Awarding an Agreement to Citygate Associates in an Amount-Not-To-Exceed $99,605 for a Development Review Process and Staffing Study
15.J 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
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to waive further reading and adopt 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.
14.A
City Council Meeting
November 12, 2024
15.K 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.
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-209 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.
15.L 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
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-210 of the City Council of the City of Hemet, California, Approving 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.
15.M 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
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-211 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.
15.N A Resolution of the City Council of the City of Hemet, California, Approving an
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City Council Meeting
November 12, 2024
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 Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, FAILED 2-3 (MOTION FAILED: COUNCIL MEMBER KRUPA, MAYOR PRO TEM PETERSON, AND MAYOR MALES VOTING NO), to direct staff to continue the item and provide additional information regarding a position/salary survey from neighboring agencies and to provide the additional information at a future City Council Meeting for further consideration.
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 3-2 (COUNCIL MEMBERS KENDRICK AND LILIENTHAL VOTING NO), to adopt a Resolution 2024-212 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.
16. DISCUSSION - ACTION ITEM
16.A Preliminary Overview of Planned December 10, 2024 City Council Briefing on Existing Warehouse Development Standards, AB 98, and Related Future Action Items
*Mayor Males called for public comments. The following residents spoke: Shaul Rosen-Rager, Mitzi Carver, Jean Faenza, Tom Kelley, Kathy Caraher, Irene Reyes, Steve Patrice, and Richie Lacasso.
City Manager Prestwich provided a presentation on staff report, reviewing the Preliminary Overview of Existing Warehouse Development Standards.
Action:
The City Council received 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 by consensus, directed City staff to provide additional information related to Existing Warehouse Development Standards, Zoning Maps, Maps with sensitive sensors that highlight schools, parks, and land masses for industrial/warehouse use, current number of applications for warehouses and locations, information from neighboring agencies on good neighbor policies and/or examples of restrictions for warehouses (County, San Jacinto, and other agencies), specification of hours for Transportation Schedules for the projects, number of jobs and salary ranges for warehouse jobs for the current two proposed warehouses, number of trucks traveling through the roads of, potential restrictions/conditions for warehouses, revenue generated from the warehouses, warehouse emissions reports or environmental findings, number of daily trips from trucks by mobile home parks, projected designated routes at Acacia
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City Council Meeting
November 12, 2024
and Kirby, and information on conditions such as fines that may be implemented if trucks are traveling through residential areas. In response to Mayor Males’ inquiry, the City Manager noted that a new road will be developed called Whittier, and the cul-de-sac will have an opening on Sanderson Avenue, providing entry and exit usage.
City Manager Prestwich noted that a future Special City Council Meeting is projected to be in December to discuss staff findings in December and potentially on December 16 th, 18 th, or 19th, noting additionally that a moratorium will be considered and discussed at the December 10, 2024 Regular City Council Meeting.
17. CITY COUNCIL AND STAFF REPORTS
Mayor Males asked for Council Comments. Council Member Kendrick, Council Member Krupa, Council Member Lilienthal, Mayor Prom Tem Peterson, and Mayor Males gave reports.
CITY MANAGER MARK PRESTWICH
City Manager Prestwich expressed gratitude to the City Council for participating in the State of the City Event, highlighting many accomplishments in the 2023-2024. City Manager Prestwich announced the Christmas Parade to take place on Saturday, December 7, 2024 at 5:00 p.m. at Gilbert and Santa Fe Avenue and announced that residents may sign up for City Updates on the City’s website at hemetca.gov to learn more about upcoming events. City Manager Prestwich noted that there is still time to apply to be in the upcoming Christmas Parade.
18. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 9:51 P.M. The next Regular City Council Meeting will be at 7:00 p.m. on December 10, 2024.
APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
John P. Maier, MBA, MMC
Mayor City Clerk
14.A
MINUTES
City Council Special Meeting
City of Hemet
City Council Chamber
Saturday, October 12, 2024
1. SPECIAL MEETING - 9:00 A.M.
2. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Regular Session at 9:02 a.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California, with Mayor Males presiding.
3. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Mayor Males
Mayor Pro Tem Peterson
Council Member Lilienthal
Council Member Carole Kendrick
Council Member Krupa
Absent:
Staff Present: City Manager Prestwich
City Attorney Graham
City Clerk Maier
4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Peterson.
The invocation was provided by Council Member Lilienthal.
5. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for Public Comments, and the following citizens spoke: No one spoke, and public comments were taken at the time of the Public Hearing.
5.A. Public Comment for Items Listed on the Agenda
6. PUBLIC HEARING
6.A Adoption of an Urgency Ordinance Establishing a 45-Day Moratorium on the
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City Council Meeting
October 12, 2024
Establishment or Expansion of Warehouse and Distribution Facilities in the City of Hemet
City Attorney Graham provided a presentation on the Urgency Ordinance Establishing a 45- Day Moratorium on the Establishment or Expansion of Warehouse and Distribution Facilities.
Mayor Males opened the Public Hearing.
Mayor Males called for Public Comments, and the following residents spoke in opposition of warehouses: Dick Clark, Teresa Acuna, Jen Faenza, James Austen, Hilary Ross, Steve Patrick, Roy Fales, Irene Reyes, Miki Wynne, Priscilla Levine, Russ Levine, Shaul Rosen- Rager, and Greg Lansing.
Mayor Males closed the Public Hearing.
Mayor Males recessed the meeting at 9:58 a.m., noting he would be providing a speech at the Fire Station One Open House.
Mayor Males called the meeting to order at 10:22 a.m.
City Clerk Maier noted that three e-comments were received, expressing opposition to warehouses by Katherine Botts, Karen Silhanek, and Tim Jahns. City Clerk Maier further noted that two emails were received, expressing concerns about policy and noticing issues of the Public Hearing, for ongoing developments in the community related to warehouse establishments by Allen Matkins Leck Gamble Mallory & Natsis LLP and Bill Blankenship.
Mayor Males re-opened the Public Hearing for additional Public Comments at 10:25 a.m.; City Clerk Maier asked for participants on the Zoom call. No one spoke.
Mayor Males closed the Public Hearing at 10:28 a.m.
Action:
By consensus, the City Council directed staff to provide additional information on the establishment or expansion of warehouse and distribution facilities, clarifying the conditions and additional information for AB 98 conditions, traffic condition study, air quality reports, environmental impacts, land use capabilities, the estimate of trucks visiting and leaving the facility, the estimate hours of operation of the facility, the estimate of the number of jobs of the facility, direct sales tax impacts, comparative study of household air quality reports vs a warehouse facility, total number of warehouses in the space, impacts of property values, training on AB 98.
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 4-1 (MAYOR MALES VOTING NO), to continue to the Public Hearing to the Regular Meeting of December 10, 2024.
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City Council Meeting
October 12, 2024
Council Member Lilienthal requested clarification on the conditions in the staff report and studies previously requested. Council Member Lilienthal urged the City Council to direct staff to provide additional information, noting a joint meeting with the Planning Commission. Council Member Kendrick announced that she would like to amend her Motion to include Council Member Lilienthal’s request for additional information.
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 4-1 (MAYOR MALES VOTING NO), to direct staff to provide additional information on the establishment or expansion of warehouse and distribution facilities, clarifying the conditions and additional information for AB 98 conditions, traffic condition study, air quality reports, environmental impacts, land use capabilities, the estimate of trucks visiting and leaving the facility, the estimate hours of operation of the facility, the estimate of the number of jobs of the facility, direct sales tax impacts, comparative study of household air quality reports vs a warehouse facility, total number of warehouses in the space, impacts of property values, training on AB 98, conduct a joint meeting with the Planning Commission regarding the establishment or expansion of warehouses, and to continue the Public Hearing to the Regular Meeting of December 10, 2024.
7. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 9:57 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on October 22, 2024.
APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
John P. Maier, MBA, MMC
Mayor City Clerk
14.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Dec 10 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Demi Olsen, Office Specialist Confidential, John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Calendar Year 2025 Regular Meeting Schedule and Cancellation of Certain Regular Scheduled Meetings
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the 2025 Calendar Year Regular Meeting Schedule and Cancellation of Certain Regular Scheduled Meetings.
BACKGROUND:
Code 1984, § 2002 of the City of Hemet Municipal Code establishes that the City Council shall hold its regular meetings on the second and fourth Tuesdays of each calendar month unless otherwise noticed as required by law. The Hemet City Council has authorized the rescheduling and cancellations of regularly scheduled meetings due to dates that have been identified as conflicting holidays or religious observances.
ANALYSIS:
The cancellation of certain dates during the summer and winter is in observance of holidays that fall near those City Council Meeting dates.
PREVIOUS COUNCIL ACTION:
The City Council has previously approved the cancellation of certain dates during the summer and the winter holidays. In alignment with efficient business practices, staff has provided a list for City Council's approval. This schedule provides Council Meeting dates for the remainder of the calendar year.
STRATEGIC PLAN INTEGRATION:
14.B
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 2: Increase transparency for the public.
ATTACHMENT(S):
Attachment 1 - Resolution - Regular Meeting and Cancellation Calendar Attachment 2 - City of Hemet 2025 City Council Meeting Schedule
14.B
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 REGULAR
MEETING SCHEDULE AND CANCELLATION OF
CERTAIN REGULAR SCHEDULED MEETINGS
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, Code 1984, § 2002 Meeting – Time and Place; the municipal code, unless otherwise noticed as required by law, the City Council shall hold its regular meetings on the second and fourth Tuesdays of each calendar month.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
Section 1. That the City Council approve the City Council Regular Meeting Schedule (Exhibit A) and reschedule November 11, 2025, in observance of Veterans Day, to November 12, 2025, and cancel July 22, 2025, August 26, 2025, November 25, 2025, and December 23, 2025, City Council Meetings in observance of summer and winter holidays.
14.B
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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PASSED, APPROVED AND ADOPTED this 9th day of December, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
14.B
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 9 th day of December, 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
14.B
City of Hemet 2025 City Council Meeting Calendar
Meeting Recommendation
Tuesday, January 14, 2025
Tuesday, January 28, 2025
Tuesday, February 11, 2025
Tuesday, February 25, 2025
Tuesday, March 11, 2025
Tuesday, March 25, 2025
Tuesday, April 8, 2025
Tuesday, April 22, 2025
Tuesday, May 13, 2025
Tuesday, May 27, 2025
Tuesday, June 10, 2025
Tuesday, June 24, 2025
Tuesday, July 8, 2025
Tuesday, July 22, 2025 Cancellation
Tuesday, August 12, 2025
Tuesday, August 26, 2025 Cancellation
Tuesday, September 9, 2025
Tuesday, September 23, 2025
Tuesday, October 14, 2025
Tuesday, October 28, 2025
Wednesday, November 12, 2025 Reschedule: Sec. 2-33. (b) At such time as the second or fourth Tuesday of any
month shall fall upon a regular holiday,
the regular meeting shall be held at 7:00
p.m. on the next business day following
such second or fourth Tuesday.
Tuesday, November 25, 2025 Cancellation
Tuesday, December 9, 2025
Tuesday, December 23, 2025 Cancellation
Tuesday, January 13, 2026
Tuesday, January 27, 2026
14.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Dec 10 2024
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Josiah Douglas, Michael Arellano, Chief of Police;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Accepting the 2024/25 California Department of Justice (DOJ) Tobacco Use Prevention Programs Grant of $218,120 from the State of California Department of Justice, Granting the City Manager or Their Designee Authority to Execute Agreements Required for Grant Acceptance, any Amendments or Extensions to Such Agreements, and Authorize the Administrative Services Director to Establish Expenditure Accounts and Budget for the Grant Period
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, accepting the 2024/25 California Department of Justice (DOJ) Tobacco Use Prevention Programs Grant of $218,120 from the State of California Department of Justice, granting the City Manager or their designee authority to execute agreements required for grant acceptance, any amendments or extensions to such agreements, and authorize the Administrative Services Director to establish expenditure accounts and budget for the grant period.
BACKGROUND:
The State of California Department of Justice administers grant funding provided through Proposition 56, the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016. This legislation, which was passed by California Voters, increased the tax on tobacco products to support health and prevention programs aimed at reducing tobacco-related harm, including the illegal sale of tobacco to minors. Through a competitive application, the City of Hemet has been awarded $218,120 in grant funding from the California Department of Justice for the period of November 1, 2024 to June 30, 2028, to enhance local efforts in preventing and reducing tobacco use among minors.
ANALYSIS:
The $218,120 grant award will provide Hemet with resources to implement programs and activities to combat the illegal sale of tobacco products to minors within the City. The DOJ Tobacco Grant
14.C
includes funding for salaries to conduct Retail Inspections, Minor Decoy Operations, Shoulder Tap Operations, Retailer Education, and Enforcement Officer Education.
The 2024/25 DOJ Tobacco Grant award of $218,120 includes $213,120 for salaries and $5,000 for operating expenses and equipment.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 3: Increase Public Safety visibility and response.
GOAL 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 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 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
No match is required, and grant administration is handled as a collateral duty with existing personnel; therefore, there is no impact on the General Fund.
The Finance Department will establish revenue and expenditure appropriations for the grant period in Fund 232, Public Safety Grants.
ATTACHMENT(S):
Attachment 1: Resolution 24-25 Tobacco Grant
Attachment 2: Hemet PD - Summary of Award 24-25
14.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACCEPTING THE 2024/25
TOBACCO USE PREVENTIONS PROGRAM GRANT OF
$218,120 FROM THE STATE OF CALIFORNIA –
DEPARTMENT OF JUSTICE, GRANTING THE CITY
MANAGER OR THEIR DELEGATE AUTHORITY TO
EXECUTE AGREEMENTS REQUIRED FOR GRANT
ACCEPTANCE, ANY AMENDMENTS OR EXTENSIONS
TO SUCH AGREEMENTS, AND AUTHORIZE THE
FINANCE DEPARTMENT TO ESTABLISH EXPENDITURE
ACCOUNTS AND BUDGET FOR THE GRANT PERIOD
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The State of California – Department of Justice (DOJ), issued a request for applications for the Tobacco Use Preventions Program – Fiscal Year 2024/25; and
WHEREAS, this program furthers the organization’s strategic plans by enabling the Police Department to enhance public safety with dedicated enforcement of the sales of tobacco products to minors, thus reducing tobacco-related harm to minors; and WHEREAS, the Hemet Police Department submitted a competitive application to the State for funds to be used for Police Officer salaries for training classes, directed enforcement operations, and supplies; and
WHEREAS, the Hemet Police Department has been awarded $218,120 for the grant period of November 1, 2024, through June 30, 2028; and
14.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, the City Council has determined that it is necessary for the efficient management and operation of the Police Department, that the grant funds be appropriated to the Police Department budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS – That the City Council hereby accepts the award of the 2024/25 California Department of Justice Tobacco Use Preventions Program Grant in the amount of $218,120 for a grant period of November 1, 2024, through July 30, 2028.
SECTION 2. DETERMINES – Upon receipt of the award, the City Council authorizes the Finance Department to establish revenue and expenditure accounts and appropriations for the grant performance period.
SECTION 3. ORDERS – The City Council hereby orders that the City Manager or their designate is authorized to execute any contracts or agreements necessary to accept, amend, or extend the 2024/25 California Department of Justice Tobacco Use Preventions Program Grant awarded to the Hemet Police Department.
SECTION 4. RESOLVES – This Resolution shall become effective on December 10, 2024.
14.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 10th day of December, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
14.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of December, 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
14.C
Tobacco Grant Program
GRANT SERVICES BRANCH – LOCAL ASSISTANCE
DIVISION OF OPERATIONS
10/16/2024 Page 1 of 3
TOBACCO GRANT SUMMARY OF AWARD
DOJ-PROP56-2024-25-1-030
HEMET POLICE DEPARTMENT
This Summary of Award document will be used by the Tobacco Grant Program when determining whether an activity or expense claimed was approved for funding and is reimbursable. Activities other than those presented here may not be reimbursable. A Grant Modification may be necessary for material deviations. Please consult with your Grant Program Officer before engaging in any activity beyond this scope.
By signing the Memorandum of Understanding, your agency agrees to the commitments outlined below and this document becomes part of the Grant Agreement.
AWARD SUMMARY
Award Amount: $218,120 Requested Amount: $218,120
Removed from Award: N/A
Reduced Line Items: N/A
Other Changes or Stipulations: Public/school education campaign not approved.
IMPORTANT PROVISIONS FOR ALL GRANTEES
I. Enforcement Activities
a. Authorized - If enforcement activities were proposed, only activities that target retailers for illegal sales/marketing of tobacco products were approved. It is expected that the flavor ban will be enforced within one or more enforcement activities. b. U nauthorized - Community or school patrols, or other enforcement actions related to tobacco use and possession, are not permitted.
II. Educational Activities
a. Authorized – Retailer and/or officer educational activities on tobacco laws and ordinances, if included, are authorized as noted below. b. Unauthorized – School or community education efforts, including media campaigns, are not permitted as part of this award. All educational efforts should be directed to retailers and/or officers.
III. Removed Personnel or Other Items
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a. If specific personnel or other items were removed and not funded, they cannot be reinstated during the grant term.
IV. Reduced Line Items
a. If a specific line item was reduced, the intention was to not fully fund it or the activities it represents.
V. Mileage/Fuel
a. Budgets that include mileage or fuel were amended to include both together in one line item for flexibility and the type of backup documentation available. Mileage is limited to the state rate in effect at the time of travel.
VI. Equipment
a. All equipment items must be purchased during the first year of the grant as noted on the Budget Detail. Their awarding is intended to support project goals and be used to support grant activities throughout the grant term.
Please reference the Tobacco Grant Program Grantee Handbook for more information regarding allowable costs.
GOALS AND ACTIVITIES
Retail Inspections
• Per year, 60 retailers will be inspected.
• Additional details regarding these inspections:
o Conduct enforcement operations targeting licensed tobacco retailers and identify problematic retailers of tobacco products.
o Officers will work closely with the city attorney and the city of Hemet to suspend and revoke tobacco permits after identifying violations.
o 100% of these retail establishments will be monitored at least once each year during the implemented time of this operation.
Minor Decoy Operations
• Per year, 6 minor decoy operations will be conducted. • Per year, 12 retailers will be targeted through these operations. • Additional details regarding these operations:
o Any person seen furnishing tobacco to the minor decoy will be arrested (either cited or booked) for furnishing tobacco to a minor (PC section 308).
Shoulder Tap Operations
• Per year, 6 shoulder tap operations will be conducted. • Per year, 12 retailers will be targeted through these operations. • Additional details regarding these operations:
o Those caught furnishing tobacco to minors will face legal consequences under PC section 308, including arrest and citation.
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Undercover Buys
• Per year, 4 undercover buy operations will be conducted (other than minor decoy or shoulder tap).
• Per year, 30 retailers will be targeted through these operations. • Additional details regarding these undercover operations:
Retailer Education
• Per year, 60 retailers will receive educational materials. • Per year, 12 retailers will receive on-site education. • Additional details regarding these retailer education activities:
o Objectivee to achieve 100% compliance with federal, state and local laws within the project's three year performance period
o Conduct classes and distribution of educational information aimed at existing and new tobacco retailers. Classes will consist of two officers providing a presentation about current laws affecting tobacco retailers. Project outcomes will be measured annually for a period of three years.
Enforcement Officer Education
• Per year, 6 enforcement officers will receive education about tobacco laws and ordinances. • Additional details regarding these officer education activities:
Prosecution
N/A
Task Force
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Other Activities
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PARTNERING AGENCIES
Based upon the proposal submitted and any subsequent modifications approved by DOJ, the following agencies are expected to partner with and support the activities and fulfillment of goals referenced above:
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Please notify your Grant Program Officer of any proposed changes to partnering agencies, particularly if they are included within your budget.
14.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Dec 10 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:
A Resolution of the City Council of the City of Hemet, California, Approving an American Rescue Plan Act (ARPA) Funding Agreement Between the City and the Public Works Department for the Public Works Apprentice Program and Authorizing the City Manager to Sign all Documents Related to the Agreement in the Final Form Approved by the City Attorney
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 American Rescue Plan Act ARPA Funding Agreement Between the City and the Public Works Department for the Public Works Apprentice Program and Authorizing the City Manager to Sign all Documents Related to the Agreement in the Final Form Approved by the City Attorney.
BACKGROUND:
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency.
The SLFRF program provides governments across the country with the resources needed to:
1. Fight the pandemic and support families and businesses struggling with its public health and economic impacts.
2. Maintain vital public services, even amid declines in revenue resulting from the crisis.
3. Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.
Recipients may use SLFRF funds to:
Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue lost due to the pandemic.
Respond to the far-reaching public health and negative economic impacts of the pandemic, by supporting the health of communities, and helping households, small businesses, impacted
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industries, nonprofits, and the public sector recover from economic impacts • Provide premium pay for essential workers, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and expand affordable access to broadband internet.
The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs to develop projects that meet its local jurisdiction's needs.
On May 10, 2022, the City Council approved an ARPA funded Public Works Apprentice Program for up to 15 Temporary Part-time (TPT) Maintenance Aides to work in various Public Works Divisions.
The Public Works Apprentice Program completed its first round of recruitments for the Maintenance Aide classifications only in July 2022. Due to available supervision and vehicles, it has not been feasible to have 15 participants at one time. However, six to ten participants at one time is optimal and provides a great benefit to both the participants and the City.
Since July 2022, the program has been instrumental for the City in keeping crews available to respond quickly to reports of graffiti and illegal dumping. Often these responses have been proactive as they continually look for graffiti or debris while traveling the City responding to reported issues.
The program has been a crucial component of the Clean and Safe Streets Initiative.
ANALYSIS:
The proposed apprentice program for calendar years 2025 and 2026 will continue efforts to assist various Public Works Divisions to provide part-time employees and at the same time assist residents who have either lost their job, had hours reduced due to the pandemic, and/or are looking to learn a trade/skill through an apprenticeship program.
For the City, the Apprentice program will also provide a viable applicant pool and provide a division of labor for current employees to prevent burnout. Also, to provide the City with needed staff to improve quality of life and reduce blight within the City.
For the apprentice, the program will provide experience in learning various skills in Public Works. The program will provide educational and career support such as: how to fill out a job application online, how to prepare for an interview, interview techniques, requirements and qualifications needed for specific City job classifications, and how to attain the skills needed to apply for a City position, etc.
The apprentice will learn how the City government operates.
The public works apprentice program for calendar years 2025 and 2026 is anticipated to provide a minimum of eighteen (18) temporary part-time (TPT) Maintenance Aide classification participants and two (2) temporary part-time (TPT) Office Specialist I classification participants to work up to 1,000 hours in a one year period. The optimal number of 6-10 positions will be maintained over the two year period. As apprentices reach their maximum hours or otherwise move out of the program, new apprentices will be recruited to fill the vacancies.
DISCUSSION:
The proposed ARPA inter-agency funding agreement for the Public Works Apprentice program will further the department's ability to enhance the quality of life, provide economic development for
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residents seeking employment and job skills, and increase organizational effectiveness by providing assistance to the Public Works Department.
participants the (PPE) equipment protective for and supplies includes program The personal estimated to range from $50-$150 per participant depending on their classification and assignments.
PREVIOUS COUNCIL ACTION:
On March 4, 2022, the City Council held a special meeting to discuss ARPA projects and to allocate funding. Council approved the ARPA-eligible project allocation which included the Public Works Apprentice Program.
On May 10, 2022, the City Council approved the initial Public Works Apprentice Program and established ARPA appropriations to the program.
On November 12, 2024, the City Council approved ARPA fund transfers that included the requested funding for this program over the January 2025 - December 2026 time period.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
There is no General Fund impact. This action approves an inter-agency agreement to obligate the ARPA funding for the Public Works Apprentice Program over the next two years with existing appropriations in Fund 270-7012-1100.
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ALTERNATIVE(S):
1. Do not approve the inter-agency ARPA Funding Agreement.
2. Provide alternative direction to the City Manager.
REVIEWED BY LEGAL:
☐ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1: Resolution Approving Inter-Agency ARPA Funding Agreement PW Apprentice Program
Attachment 2: ARPA Agreement - Public Works Apprentice Program 2025 and 2026 FINAL
14.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AN AMERICAN
RESCUE PLAN ACT (ARPA) FUNDING AGREEMENT
BETWEEN THE CITY AND THE PUBLIC WORKS
DEPARTMENT FOR THE PUBLIC WORKS APPRENTICE
PROGRAM AND AUTHORIZING THE CITY MANAGER TO
SIGN ALL DOCUMENTS RELATED TO THE AGREEMENT
IN THE FINAL FORM APPROVED BY THE CITY
ATTORNEY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency; and
WHEREAS, the 2021 American Rescue Plan Act (“ARPA”) provided $21,674,344.00 to the City of Hemet from the Coronavirus State and Local Recovery Fund (“SLFRF”); and
WHEREAS, on May 10, 2022, the City Council approved an ARPA-funded Public Works Apprentice Program for up to 15 Temporary Part-time (TPT) Maintenance Aides to work in various Public Works Divisions; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, over the past 1.5 years, the Public Works Department has learned that due to available supervision and vehicles, it has not been feasible to have 15 participants at one time, but 6 to 10 participants are optimal for operations; and WHEREAS, the apprentice program provides a viable applicant pool, a division of labor for current employees to prevent bu rnout, and the City with needed staff to improve quality of life and reduce blight within the City; and WHEREAS, the program provides the participants with experience to learn various skills in Public Works, City government operations, and educational and career support such as: how to fill out a job application online, how to prepare for an interview, interview techniques, requirements and qualifications needed for specific City job classifications, and how to attain the skills needed to apply for a City position, etc.; and WHEREAS, the Public Works Apprentice Program for calendar years 2025 and 2026 is anticipated to provide opportunities for a minimum of eighteen (18) temporary part-time (TPT) Maintenance Aide classification participants and two (2) temporary part-time (TPT) Office Specialist I classification participants to work up to 1,000 hours in a one-year period; and
WHEREAS, staff recommends the City Council approve the inter-agency funding agreement and associated Public Works Apprentice Program for calendar years 2025 and 2026 in the final form and format approved by the City Attorney; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute the inter-agency ARPA funding agreement and any related documents in the final form and format approved by the City Attorney.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS – The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2.APPROVAL – The Public Works Apprentice Program and associated ARPA funding agreement for calendar years 2025 and 2026 is approved.
SECTION 3.AUTHORIZATION – The City Manager is authorized to execute the agreement in the final form and format approved by the City Attorney.
SECTION 4.EFFECTIVE DATE – This Resolution shall become effective upon adoption.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED AND ADOPTED this 10th day of December, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10 th day of December, 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
14.D
INTER-AGENCY AGREEMENT
BETWEEN
THE GRANTS ADMINISTRATION DIVISION
AND
THE PUBLIC WORKS DEPARTMENT
THIS INTER-AGENCYAGREEMENT (“Agreement”) is made between two departments of the City of Hemet, a municipal corporation (“City”), namely the Grants Administration in the Office of the City Manager (“Grants Administration Division”) and the PUBLIC WORKS DEPARTMENT (“Department”).
RECITALS
WHEREAS, the 2021 American Rescue Plan Act (“ARPA”) provided $21,674,344.00 to the City from the Coronavirus State and Local Recovery Fund (“SLFRF”), which consists of the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”) (hereinafter, collectively, called “ARPA funding”); WHEREAS, the U.S. Department of Treasury is the federal agency that administers the ARPA funding and has provided the City with the ARPA funding conditional on the City complying with its rules and regulations;
WHEREAS, the Public Works Department (Department) will administer the Public Works Apprentice Program and report performance to the Grants Administration Division.
WHEREAS, the City has established a process for City agencies and organizations to apply for ARPA funding;
WHEREAS, the Program has administered the process for ARPA funding and recommends the Department receive ARPA funding for its program as described in this Agreement;
WHEREAS, the City and the Department wish to enter into this Agreement to memorialize each other’s responsibilities in regard to the ARPA funding for the program; and
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
A. PURPOSE
The Program hereby agrees to provide ARPA funding, in the amount set forth herein, to the Department to facilitate the implementation of the program.
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B. SCOPE OF PROGRAM
The Department shall implement the program, including any milestones and deliverables, as described in Exhibit 1, which is appended hereto and made a part of this Agreement.
C. TERM
The term of this Agreement shall begin on January 1, 2025 and end on December 31, 2026, unless terminated earlier in accordance with this Agreement.
D. FINANCIAL AND PERFORMANCE REQUIREMENTS
1.Funding. Subject to the availability of ARPA funding, the City shall provide funds to the Department for the program, in an amount not to exceed $362,000 for the term. Any expenses/costs incurred by Department in excess of this amount shall be the sole responsibility of Agency.
2.Budget. The Department agrees that all expenditures are to be in accordance with the approved budget for the term of this Agreement. The approved budget is part of the proposal at Exhibit 1.
3. Payment. The City shall make ARPA funding as specified in this Agreement available for use. The ARPA funding shall be used to provide the services described in this Agreement and in Exhibit 1. The Department shall comply with the ARPA funding requirements listed at Exhibits 2 and 3. Any ARPA funding advanced to the Department prior to the execution of this Agreement which is related to this Agreement is subject to the terms and conditions of this Agreement.
4. Reporting. The Department agrees to provide supporting documents and corresponding reports as requested by the U.S. Department of the Treasury and the City to meet any reporting deadlines. The Department shall adhere to the instructions and format, including specific forms required by the City and the U.S Department of Treasury for the ARPA funding.
Reporting terms and conditions are provided in Exhibit 4.
5. Audits. The Department shall comply with all applicable provisions of the federal Uniform Guidance (2 CFR 200), including the Cost Principles and Single Audit Act requirements. At any time during business hours and as often as the City, State, or Federal agencies may deem necessary, there shall be made available to the government Department for examination, the Agency’s records with respect to matters covered by this Agreement. The Department shall permit the City, State, or Federal agencies to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, records of personnel, conditions of employment and other data relating to matters covered by this Agreement.
6. Records. The Department shall retain records related to this Agreement for a period of five (5) years after all funds have been expended or returned to the U.S. Department of Treasury, whichever is later.
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7. Performance Management. The Department shall collect performance data from subrecipients and grantees, as applicable, to measure progress towards achieving each grant’s specific goals and objectives. The Department is required to establish performance reporting deadlines for subrecipients and grantees, as applicable, that match the reporting deadlines established in this Agreement (Exhibit 4). For example, if the Department reports to the City monthly, then the Department is expected to collect performance data on a monthly basis. The Department should document the methodology for collecting and calculating performance data and use performance reports from subrecipients and grantees, as applicable, as the basis for monitoring, corrective action, and overall grant management.
8. Subrecipient and Grantee Monitoring. The Department shall conduct regular, consistent, and documented monitoring and oversight activities with subrecipients and grantees, as applicable, to ensure compliance with standards and progress towards each grant’s specific goals and objectives. The results of those activities should be used to correct deficiencies and provide technical assistance to subrecipients and grantees, as necessary and applicable.
Monitoring activities may include on-sight visits, staff interviews, review of program documentation, review of internal controls, including financial systems, risk assessments, and other related activities. The type and frequency of monitoring activities must be based on a documented risk assessment and modified, as necessary, over each grant’s performance period based on documented performance and compliance.
E. CORRECTIVE ACTION AND TERMINATION
1. Corrective Action. Upon written notice, the City may require the Department to take corrective action so the Department is in compliance with federal, state, or local laws, regulations, or rules related to the ARPA funding for the program. Corrective action may be required for but is not limited to instances in which the Agency: (a) fails to file a report, (b) fails to meet performance standards, (c) fails to meet milestones or timelines, or (d) misuses funds.
The City may require corrective action of the Department, including but not be limited to: (a) a written warning, (b) additional technical assistance, (c) additional monitoring, (d) program suspension, and (e) reduction/repayment of funding.
2. Termination. Either party may terminate this Agreement by giving to the other party written notification prior to termination. Upon termination, the parties hereto agree that all reports and supporting documentation required for services rendered pursuant to this Agreement shall be provided to the City forthwith. Any funds advanced to the Department for services not yet rendered shall be returned to the City immediately.
F. MODIFICATIONS AND AMENDMENTS
The Department may submit a written request to the City asking for (i) an extension to the term of this Agreement; and/or (ii) a budget reallocation not to exceed twenty-five (25) percent of the ARPA funding. The request should include an explanation for why an extension and/or program budget reallocation is needed and be provided to the City at least sixty (60) days prior to the expiration date of this Agreement. The request must include all required documentation to justify the need for an extension and/or reallocation. The City will approve or
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deny the request in writing. The Department may not expend the ARPA funding under a reallocated program budget until such time they have received written approval from the City.
Any additional funds or other modifications may be added to this Agreement by written Amendment setting forth the modifications/ amendments signed by the parties and approved by the City Council/City Manager of the City of Hemet, if applicable.
G. GENERAL PROVISIONS AND CONDITIONS
1.Compliance with Laws. The parties shall comply with all federal, state, and local laws, ordinances, rules, regulations, interim expenditure and annual report requirements, and applicable codes of ethics, pertaining to or regulating the services to be performed pursuant to this Agreement, including those now in effect and hereafter adopted. Any violation of such laws, ordinances, rules, regulations, or applicable codes of ethics by the Department shall constitute a material breach of this Agreement and shall entitle the City to terminate this Agreement immediately upon delivery of written notice of termination to the Agency.
2.Nondiscrimination. The parties shall operate under this Agreement so that no person, otherwise qualified, is denied employment or other benefits on the grounds of race, color, sex, religion, national origin, ancestry, age, physical or mental disability or sexual orientation except where a particular occupation or position reasonably requires consideration of these attributes as an essential qualification for the position. The Department shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.
3. No Duplication of Funding. The Department shall not use different sources of federal funding to pay for the same services. The Department shall not use ARPA funding to pay for the same work that was reimbursed or paid by other sources of funding (e.g., FEMA or CARES funding).
4.Governing Law and Venue. This Agreement shall be construed by and governed under the laws of the State of California and subject to the jurisdiction of a court of competent jurisdiction in the City of Hemet, County of Riverside.
5.No Assignment. This Agreement shall not be assigned by the Department to another party without the prior written approval of the City. This Agreement shall be binding upon the parties hereto and their successors and assigns.
6.Notice. Any notice required or permitted under this Agreement shall be in writing, be delivered by a reasonable and verifiable means (e.g., in person, mail, or e-mail) and be considered delivered upon receipt of the other party.
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FOR THE GRANT ADMINISTRATION DIVISION:
Mark Prestwich
City Manager
445 E Florida Ave.,
Hemet, CA 92543
[email protected]
FOR THE DEPARTMENT:
Noah Rau
Public Works Director/City Engineer
3777 Industrial Ave.,
Hemet, CA 92545
[email protected]
7.Headings. Any heading of the paragraphs in this Agreement is inserted for convenience and reference only and shall be disregarded in construing and/or interpreting this Agreement.
8. Incorporation. The recitals and exhibits are hereby incorporated as part of this Agreement.
9. Final Agreement. This Agreement constitutes the entire, full, and final understanding between the parties hereto and neither party shall be bound by any representations, statements, promises or agreements not expressly set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
CITY OF HEMET
GRANTS ADMINISTRATION DIVISION
IN THE OFFICE OF THE CITY
MANAGER
By:
Mark Prestwich, City Manager
CITY OF HEMET
PUBLIC WORKS DEPARTMENT
By:
Noah Rau, Public Works Director/City
Engineer
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ATTEST:
By:
John Maier, City Clerk
APPROVED AS TO FORM:
By:
Steven Graham, City Attorney
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EXHIBIT 1
SCOPE OF SERVICES AND BUDGET
1. The Department will implement the program in accordance with its proposal, as approved by the City which is attached hereto and incorporated herein.
2. The Department’s ’s implementation of the program may include but not be limited to contracting with subrecipients, grantees, or contractors, providing programmatic monitoring and oversight of subrecipients or grantees, as applicable, providing budget oversight, drafting reports, and overseeing program evaluation.
3. The Department supported by the Grants Administration Division will provide grant management, fiscal, and programmatic oversight for the subrecipients or grantees, as applicable.
4. The Department will work with subrecipients, grantees, and contractors to track program outcomes and will provide draft program reports to the City as requested. Information from the reports will be summarized and sent to the U.S. Department of Treasury by the City.
5. The Department will receive invoices from subrecipients, grantees, and contractors, track expenditures, and complete draft fiscal reports for submission to the Grants Administration Division.
6. The Department will provide technical assistance and operational support to subrecipients or grantees, as needed.
7. The Department shall follow the instructions of the Grants Administration Division related to compliance with ARPA funding requirements.
[ATTACH PROPOSAL SCOPE OF WORK AND LINE-ITEM BUDGET APPROVED BY THE GRANTS ADMINISTRATION DIVISION BEHIND THIS PAGE]
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City of Hemet
ARPA SLFRF Public Works Apprentice Program for Calendar Years 2025 and 2026 Program Overview
The City of Hemet’s goal is to support and coordinate efforts and resources to contain the economic and public health impacts of COVID-19 to the communities, residents, and businesses using Coronavirus Local Fiscal Recovery Funds (“SLFRF”) program funding.
The City of Hemet Public Works Apprentice Program is created to support the American Rescue Plan Act State and Local Fiscal Recovery Fund – statutory eligible use #1: to respond to the COVID-19 public health emergency or is negative economic impacts.
The Apprentice program will assist the Public Works Department in any Division to provide part time employees and at the same time to assist residents who have either lost their job, had hours reduced due to the pandemic and/or is looking to learn a trade/skill through an apprenticeship program. For the City, the Apprentice program will provide a viable applicant pool and provide a division of labor for current employees to prevent burnout.
For the apprentice, the program will provide experience to learn a trade. The program will provide educational and career support such as: how to fill out a job application online, how to prepare for an interview, interview techniques, requirements and qualifications needed for specific City job classifications and how to attain the skills needed to apply for a City position, etc. The apprentice will learn how City government operates.
Statutory Eligible Uses
1. To respond to the COVID-19 public health emergency or its negative economic impacts;
2. To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to such eligible workers of the recipient, or by providing grants to eligible employers that have eligible workers who performed essential work;
3. For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID-19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; and
4. To make necessary investments in water, sewer, or broadband infrastructure.
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Apprentice Program Objectives and Considerations
The Apprentice program is open to anyone who lost their job or had reduced hours during the COVID-19 pandemic and open to anyone who would like to learn a skill/trade through employment.
Overarching goal, is to provide apprentices, who complete their apprenticeship and want full- time employment with the City, the opportunity to apply for a full-time position with the City of Hemet.
Description
Preservation Preserve and protect the community by
enhancing the environment, improving quality
of life, and removing blight.
Economy Support the economic vitality of the area by
enabling economic opportunities for
individuals with barriers to employment and
for disadvantaged individuals.
Social Equality Focus and prioritize the needs of
disadvantages communities most affected by
poverty, lack of transportation, childcare
issues, and COVID-19 pandemic.
Accessibility Increase the accessibility of employment for residents in the community
To meet the following City of Hemet Strategic Plan goals:
Goal Description
Quality of Life To ensure that Hemet is safe, clean, attractive, and comfortable for all who live, work, and
visit
Economic Opportunity To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied
and sustained tax base.
Partnership and Collaboration To pursue partnerships that will increase the opportunities available to the community,
including our businesses, unemployed, and
youth populations.
Organizational Effectiveness To identify the work needed inside the City organization to effectively provide services to
the community and ensure financial stability.
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Purpose and Specific Objectives
The purpose of the Public Works Apprentice Program is to provide economic opportunity to residents adversely affected by COVID-19 either through loss of employment, reduced hours, extenuating circumstances such as loss of job due to no childcare, lack of transportation, and COVID-19 illness.
Also, to assist the City of Hemet by providing the needed staff with improving quality of life and reducing blight within the City.
Work Plan:
Maintenance Aide I - TPT
•Weed abatement
•Litter pick up
•Illegal Dump removal
•Graffiti removal
•Cleaning and stocking of restrooms
•Inventory tasks
•Water mainline and service line repairs
•Fire hydrant repairs
•Valve operations
•Marking utility locations
•Meter replacements
•Water conservation education to the public
Office Specialist - TPT
•Answer telephone and provide information within the area of assignment •Perform a variety of clerical duties in support of assigned function. •Prepare a variety of documents and forms
•Schedule inspections and training
•Process forms and applications
•Organize folders and filing systems
A maximum of eight (8) temporary part-time (TPT) Maintenance Aide classifications and two (2) temporary part-time (TPT) Office Specialist I classifications will be employed for the Public Works Apprentice Program at any one time. Each TPT Maintenance Aide or TPT Office Specialist will work up to 1,000 hours per year in the Public Works Department. As the Apprentices reach their maximum hours or otherwise move out of the program, new apprentices
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will be recruited to fill the vacancy. A minimum of four (4) TPT Maintenance Aides and one (1) Office Specialist is anticipated at any one time during the program period.
Grant Considerations
Eligible and Ineligible Candidates
Human Resources will conduct the recruitment and selection process for the Public Works Apprentice Program. The Public Works Department in collaboration with Human Resources will determine who is eligible and ineligible for the program.
Labor Coding for Reporting
All apprentice program employees will be provided a labor code to charge their time to for APRA SLFRF reporting purposes. The ARP Fund is 270.
Labor Costs
Apprentices hired for the program will earn at least minimum wage ($16.50/hour on January 1, 2025) plus entitled benefits and will always remain within the established range for the TPT Maintenance Aide and TPT Office Specialist positions for up 1,000 hours in any fiscal year.
Equipment and Supplies Cost
Apprentices hired for the program will be provided with appropriate personal protective equipment (PPE) and supplies that allow them to perform their assigned duties safely and effectively. It is anticipated that these costs will be $50-$150 per employee over the course of their hours in the program.
The table above illustrates the number of program participants by classification anticipated assuming all participants use their entire 1,000-hour allotment. More participants will likely be incorporated into the program as it is unlikely that every participant will utilize all of the allowable hours.
Employee Training and Certification1
For apprentice program participants interested in full time employment 2 with the City, they will have the opportunity to test and certify for positions that may come available. The TPT participants should contact the Human Resources Department for assistance and more information.
1. Employees who apply for certification should follow all COH rules regarding certification and training. Please see HR for more information.
2. A person must pass all employment requirements with the City (i.e. background check, medical, etc.) before becoming a full-time employee.
Classification Hours # of ParticipantsSupplies/Equip EALabor $ EA Total $ Maintenance Aide I - TPT1000 18 150.00$ 16,500.00$ 299,700.00$ Office Specialist I - TPT1000 3 50.00$ 20,280.00$ 60,990.00$ 360,690.00$Total Program
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Apprentice employees who complete one year of employment, or 1,000 hours, and is in good standing may apply and compete for vacant positions with the City of Hemet, Public Works Department.
Options for full time employment:
•The City can run a promotional recruitment giving the apprentice the opportunity to compete for the full-time position.
Grant Performance Period
The ARPA SLFRF funding for the extended Public Works Apprentice Program is good through December 31, 2026. All labor should be reported before the end of the performance period.
Non-Discrimination Requirements
Title VI Non-Discrimination
Title VI of the U.S. Civil Rights Act prohibits discrimination on the basis of race, color, or national origin in programs or activities receiving federal financial assistance. A similar prohibition applies to recipients of state funds under California Government Code section 11135, which prohibits discrimination on the basis of race, color or national origin, as well as ethnic group identification, religion, age, sex, sexual orientation, genetic information, or disability.
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EXHIBIT 2
FUNDING SOURCE IDENTIFICATION
Source of Funding: Federal
Name of Awarding
Agency:
U.S. Department of Treasury
Award Title: American Rescue Plan Act (“ARPA”) – Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing
Number:
21.027
City Award Identification
Number:
Term of Award: 24 months
Award Amount: $_362,000__
1. The Department acknowledges that the funding of this Agreement is from federal, state, and/or City funds. The identification of the source of funding is indicated above. As applicable, Department shall comply with the requirements of the funding source, including but not limited to the terms and conditions of the notice of grant award, statutes and regulations, and manuals.
Specific requirements of the funding source are incorporated herein, which include but are not limited to the following:
•Sections 602 and 603 of the Social Security Act, as added by Section 9901 of ARPA; •Coronavirus State and Local Fiscal Recovery Funds Guidance on Recipient Compliance and Reporting Responsibilities, the most current version; •Treasury’s Portal for Recipient Reporting State and Local Fiscal Recovery Funds, the most current version;
•Coronavirus State and Local Fiscal Recovery Funds Final Rule, codified at 31 CFR Part 35 and effective April 1, 2022, and the most current version; •Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions, the most current version;
•2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the Treasury may determine are inapplicable to the ARPA funding and subject to such exceptions as may be otherwise provided by the Treasury; and •U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Fund Award Terms and Conditions attached hereto as Exhibit 3. The term “Recipient” in the foregoing shall mean the Agency.
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2. With respect to any conflict between the funding source requirements, this Exhibit, the terms of this Agreement or the provisions of state law, and except as otherwise required under federal law or regulation, the more stringent requirement shall control and shall amend the Agreement to the extent, and only to the extent, of the conflict.
3. Department agrees to accept any additional conditions governing the use of funds or performance of programs as may be required by executive order, federal, state, or local statute, ordinance, rule, or regulation or by policy announced by the City.
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EXHIBIT 3
AWARD TERMS AND CONDITIONS
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EXHIBIT 4
REPORTING TERMS AND CONDITIONS
The Department shall submit performance reports about the activities funded under this Agreement. Reports shall provide the necessary information via email. The City will meet with the Department on quarterly to discuss performance, unless otherwise determined.
Performance Reports
All monthly reports of finances, expenditures, and performance measures on ARPA-funded projects should be submitted to the City Manager’s Office by the Second Friday of each calendar month. Every month, the Agency/Department will provide a narrative report on all project activities. Reporting frequency subject to change.
Reporting deadlines prior to the approval of the agreement by the City do not apply. Reporting deadlines after the end of the award term do not apply.
Calendar Year Period of Activity Monthly Report Due Date 2025 January 1, 2025 – January 31, 2025 February 14, 2025 2025 February 1, 2025 – February 28, 2025 March 14, 2025 2025 March 1, 2025 – March 31, 2025 April 11, 2025
2025 April 1, 2025 – April 30, 2025 May 9, 2025
2025 May 1, 2025 – May 31, 2025 June 13, 2025
2025 June 1, 2025 – June 30, 2025 July 11, 2025
2025 July 1, 2025 – July 31, 2025 August 15, 2025
2025 August 1, 2025 – August 31, 2025 September 12, 2025 2025 September 1, 2025 – September 30, 2025 October 10, 2025 2025 October 1, 2025 – October 31, 2025 November 14, 2025 2025 November 1, 2025 – November 30, 2025 December 12, 2025 2026 December 1, 2025 – December 31, 2025 January 9, 2026 2026 January 1, 2026 – January 31, 2026 February 13, 2026 2026 February 1, 2026 – February 28, 2026 March 13, 2026 2026 March 1, 2026 – March 31, 2026 April 10, 2026
2026 April 1, 2026 – April 30, 2026 May 8, 2026
2026 May 1, 2026 – May 31, 2026 June 12, 2026
2026 June 1, 2026 – June 30, 2026 July 10, 2026
2026 July 1, 2026 – July 31, 2026 August 14, 2026
2026 August 1, 2026 – August 31, 2026 September 11, 2026 2026 September 1, 2026 – September 30, 2026 October 9, 2026 2026 October 1, 2026 – October 31, 2026 November 13, 2026 2026 November 1, 2026 – November 30, 2026 December 11, 2026 2027 December 1, 2026 – December 31, 2026 January 8, 2027
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* Deadline modified due to a holiday on the second Friday of the month.
Expenditure Category:
1. Salaries
2. Other Fringe Benefits
3. Maintenance and Operations/Parts and Supplies
Performance reports shall provide the following information:
1. Number of employees participating in the program during the month with a breakdown by classifications, Maintenance Aide and Office Specialist.
2. Total number of hours worked by the program employees with breakdown by classification.
3. Total number of hours worked in the current fiscal year through the reporting month for each active program participant.
4. Recruitment activities conducted during the month.
5. Beginning and ending program fund balance.
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Dec 10 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California Approving a Reimbursement Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) for the Transportation Uniform Mitigation Fee (TUMF) Program Agreement to Reimburse TUMF Funds for Warren Road Improvements, Authorizing the City Manager to Execute the Agreement and Authorizing the Administrative Services Director to Establish Appropriations in the Amount of the Reimbursement Agreement
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California Approving a Reimbursement Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) for the Transportation Uniform Mitigation Fee (TUMF) Program Agreement to Reimburse TUMF Funds for Warren Road Improvements, Authorizing the City Manager to Execute the Agreement and Authorizing the Administrative Services Director to Establish Appropriations in the Amount of the Reimbursement Agreement.
BACKGROUND:
The City is a member agency of the Western Riverside Council of Governments (WRCOG), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. WRCOG and its member agencies recognized that there were insufficient funds to address the traffic and transportation needs of new development in the Western County area, so it developed a plan to assist in funding the improvement of certain existing roads or to build new roads throughout the region necessary to accommodate these impacts of new development. The roads to be built and improved are identified on the TUMF Regional System of Highways and Arterials adopted by WRCOG.
WRCOG and its member agencies formulated a plan and, in 2002, adopted the “Western Riverside County Transportation Uniform Fee Nexus Study,” whereby new developments would be assessed an equitable fee that would be used to fund necessary improvements for the regional system of
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roads. WRCOG member agencies have all approved respective ordinances establishing the transportation uniform mitigation fee on new residential, commercial, and industrial developments.
Each developer must pay the TUMF fee based on the type of development and the square footage or number of units as described in the adopted ordinance.
The City first adopted Ordinance No. 1757 in 2006 (TUMF Ordinance), which provided for the collection of certain specified fees on various types of new development. The City subsequently revised this ordinance by adopting Ordinance No. 1824 in 2010 consistent with the WRCOG’s updated 2009 Nexus Study. Again, in 2017, the City adopted Ordinance No. 1938, revising its TUMF Ordinance and renaming it “Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2017,” consistent with WRCOG’s newly updated 2016 Nexus Study. Fees are adopted separately by resolution as provided for in the Ordinance.
There are two ways the roads described in the TUMF Regional System of Highways and Arterials are built or improved. Either WRCOG disburses funds back to its member agencies to build or improve the roads in its jurisdiction, or a developer builds or improves a roadway.
DISCUSSION:
Warren Road between Domenigoni Parkway and Esplanade Avenue is identified in the Transportation Uniform Mitigation Fee Nexus Study, 2016 Update, as a Region System of the Transportation Uniform Mitigation Fee Program. The street is located in the Hemet/San Jacinto Zone and is designated as an ultimate 4-lane and 6-lane roadway. This 4.99-mile segment of Warren Road has a maximum TUMF share of $14,954,000.
The City and WRCOG wish to enter into an agreement for reimbursement of TUMF funds for the pre- engineering, environmental permitting, and final design of the Warren Road improvements in the amount of $1,000,000. These funds will be utilized for the design of the Warren Road improvements and necessary studies only, and a separate agreement will be needed for the construction of the improvements. Exhibit "A-2" of the proposed agreement provides an optimistic schedule in which TUMF funding is requested to move this project forward but the actual timing for the project will not be known until the design phase is completed and the separate agreement for construction is brought forward.
This project will be added to the 5-year CIP during the next annual update.
PREVIOUS COUNCIL ACTION:
There has been no previous City Council action on this item.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
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GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
There is no General Fund impact. Appropriations need to be established in the amount of $1,000,000 for the project contemplated in the reimbursement agreement to commence. The entire amount is to be reimbursed with TUMF funds as detailed in the reimbursement agreement.
ALTERNATIVE(S):
1. Do not approve the TUMF reimbursement agreement.
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1: Resolution WRCOG Agreement
Attachment 2: TUMF Reimbursement Agreement - Warren Road (Esplanade Avenue to Simpson Road) Phase I
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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 AN AGREEMENT
BETWEEN THE CITY OF HEMET AND THE WESTERN
RIVERSIDE COUNCIL OF GOVERNMENT (WRCOG) FOR
THE TRANSPORTATION UNIFORM MITIGATION FEE
(TUMF) PROGRAM AGREEMENT TO REIMBURSE TUMF
FUNDS FOR WARREN ROAD IMPROVEMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT AND AUTHORIZING THE
ADMINISTRATIVE SERVICES DIRECTOR TO ESTABLISH
APPROPRIATIONS IN THE AMOUNT OF THE
REIMBURSEMENT AGREEMENT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet (“City”) is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and eighteen cities located in Western Riverside County; and WHEREAS, the member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the regional system of highways and arterials in Western Riverside County (the “Regional System”); and WHEREAS, in order to address this shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and would be used to fund the necessary improvements for the Regional System; and WHEREAS, WRCOG member agencies have all approved respective ordinances establishing the transportation uniform mitigation fee on new residential, commercial, and industrial developments; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, each developer must pay the TUMF fee based on the type of development and the square footage or number of units as described in the adopted ordinance; and
WHEREAS, the City first adopted Ordinance No. 1757 in 2006 (TUMF Ordinance), providing for the collection of certain specified fees on various types of new development; and
WHEREAS, the City subsequently revised this ordinance by adopting Ordinance No. 1824 in 2010, consistent with the WRCOG’s updated 2009 Nexus Study; and WHEREAS, again in 2017, the City adopted Ordinance No. 1938, revising the TUMF Ordinance and renaming it the “Western Riverside Transportation Uniform Mitigation Fee Program Ordinance of 2017” consistent with the WRCOG’s newly updated 2016 Nexus Study; and
WHEREAS, Warren Road between Domenigoni Parkway and Esplanade Avenue is identified in the Transportation Uniform Mitigation Fee Nexus Study, 2016 Update, as a Regional System of the Transportation Uniform Mitigation Fee Program; and
WHEREAS, the street is located in the Hemet/San Jacinto Zone and is designated as an ultimate 4 and 6-lane roadway and has a maximum TUMF share of $14,954,000; and
WHEREAS, the City and WRCOG wish to enter into an agreement for reimbursement of TUMF funds for the design of the Warren Road improvements in the amount of $1,000,000 in which the funds will be utilized for the preliminary design, environmental, and final design necessary for the Warren Road Improvements; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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WHEREAS, a separate agreement will be needed for the construction of the improvements.
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.APPROVAL – Approves the reimbursement agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) for the Transportation Uniform Mitigation Fee (TUMF) Program agreement to reimburse TUMF funds for Warren Road Improvements.
SECTION 3.AUTHORIZATION – The City Manager is authorized to execute the TUMF reimbursement agreement in the final form and format approved by the City Attorney.
SECTION 4.APPROPRIATIONS – The Administrative Services Director is authorized to establish appropriations in the amount set forth in the proposed TUMF reimbursement agreement.
SECTION 5.EFFECTIVE DATE – This Resolution shall become effective upon adoption.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED AND ADOPTED this 10th day of December, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of December 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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24-HS-HEM-1317
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE TUMF FUNDS
WARREN ROAD FROM ESPLANADE AVENUE TO SIMPSON ROAD
DESIGN AND ENVIRONMENTAL PHASE I
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this __________day of ____ ______, 20 24, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and the City of Hemet, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties.”
RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).
B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”) . The Qualifying Projects are more specifically described in that certain WRCOG study titled “TUMF Nexus Study ,” as may be amended from time to time . Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.
C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”) . TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.
D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. Description of the Qualifying Project . This Agreement is intended to distribute TUMF Program Funds to the AGENCY for design and environmental for the widening of Warren Road from Esplanade Avenue to Simpson Road, Phase 1, (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG . The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates
3) R/W – Right of Way Acquisition and Utility Relocation 4) CON – Construction
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2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed One Million Dollars ($1,000,000.00) to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project . Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursement . The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right -of-way acquisition, including right -of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project.
4. Ineligible Project Costs . The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.
5. Procedures for Distribution of TUMF Program Funds to AGENCY.
(a) Initial Payment by the AGENCY . The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred . Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs . Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment . Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days . In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet
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and confer in an attempt to resolve the dispute . If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director . The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final . Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B ,” attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment . If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.
6. Increases in Project Funding . The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then -current maximum eligible TUMF share for the Project . No such increased funding shall be expended to pay for any Project already completed . For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing.
7. No Funding for Temporary Improvements . Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers, or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.
8. AGENCY’s Funding Obligation to Complete the Project . In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.
9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work . Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repai d in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase,
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AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.
10. AGENCY’s Local Match Contribution . “AGENCY local match funding is not required, as shown in Exhibit “A,” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.”]
11. Term/Notice of Completion . The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
12. Representatives of the Parties . WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement . The AGENCY hereby designates Noah Rau, Public Works Director/City Engineer or his designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.
13. Expenditure of Funds by AGENCY Prior to Execution of Agreement . Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.
14. Review of Services . The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination . In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF
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Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided . In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.
16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein . The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.
17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Responsibilities . In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities . WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the
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AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
(c) Effect of Acceptance . The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement . Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.
19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG . Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance . Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self -insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions.
(b) Business Automobile Liability Insurance . Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance . Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
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(d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $ 1,000,000.00 for each accident.
20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest . For the term of this Agreement, no member, officer, or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Limited Scope of Duties . WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein . WRCOG has no obligation with respect to the safety of any Project performed at a job site . In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.
23. Books and Records . Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement . They shall make available for examination by the other party, its authorized agents, officers, or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement . Further, each party shall furnish to the other party, its agents, or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.
24. Equal Opportunity Employment . The Parties represent that they are equal opportunity employers, and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex, or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
25. Governing Law . This Agreement shall be governed by and construed with the laws of the State of California.
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26. Attorneys’ Fees . If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.
27. Time of Essence . Time is of the essence for each and every provision of this Agreement.
28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
29. Public Acknowledgement . The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.
31. Compliance With the Law . The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.
32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of Hemet
445 E. Florida Ave.
Hemet, Ca 92543
Att: Noah Rau, PW Director/City Engineer
Telephone: (951) 765-2360
Facsimile: (951) 765-3878
If to WRCOG: Western Riverside Council of Governments 3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the
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party at its applicable address . Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
33. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void . This Agreement may be amended only by mutual written agreement of the PARTIES.
34. Severability. If any term, provision, condition, or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms, and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.
36. Independent Contractors. Any person or entities retained by the AGENCY, or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable . The AGENCY or contractor shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of services on the Project and as required by law . The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
37. Effective Date . This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty -five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.
38. No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above written.
WESTERN RIVERSIDE COUNCIL CITY OF HEMET
OF GOVERNMENTS
By: Date: By: Date:
Dr. Kurt Wilson Mark Prestwich
Executive Director City Manager
Approved to Form:
By: Date:
Steven C. DeBaun
General Counsel
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24-HS-HEM-1317
Exhibit A
EXHIBIT “A”
SCOPE OF WORK
This project, phase 1, will include preliminary engineering and environmental clearance (PA&ED) for the widening of Warren Road from Esplanade Avenue to Simpson Road. This phase will only fund the design, technical studies, and environmental permits in support of these improvements. The project will address all environmental needs in accordance with CEQA guidelines.
The existing roadway primarily consists of one lane in each direction. Warren Road is a main corridor on the west side of Hemet with heavy traffic. The design and environmental permits will address issues for construction needs, intersection improvements, utility conflicts and/or relocations, necessary right of way acquisitions, and the proposed cost of construction. Upon completion of the PA&ED, phase 1, the project would be able to proceed to Final Engineering (PS&E), ROW acquisitions, and Construction phases. These additional phases are not part of this agreement and will need a new agreement.
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Exhibit A – 1
EXHIBIT “A-1”
ESTIMATE OF COST
*Only PA&ED is funded in this agreement.
Phase TUMF LOCAL TOTAL
PA&ED $1,000,000.00 $0.00 $1,000,000.00
PS&E $0.00 $0.00 $0.00 RIGHT OF WAY $2,000,000.00 $0.00 $2,000,000.00 CONSTRUCTION $8,000,000.00 $0.00 $8,000,000.00 TOTAL $11,000,000.00 $0.00 $11,000,000.00
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24-HS-HEM-1317
Exhibit A – 2
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
*PS &E, ROW, and Construction are future phases.
Phase
Estimated
Completion Date
Estimated
Cost Comments
PA&ED 6/30/2025 $1,000,000.00
Engineering Design,
Tech. Studies, and
Environmental permits
PS&E 2025 ? Future Phase
RIGHT OF WAY 2025 $2,000,000.00 Future Phase CONSTRUCTION 2026 $8,000,000.00 Future Phase TOTAL $11,000,000.00
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[INSERT PROJECT #]
Exhibit B
Elements of Compensation
EXHIBIT “B”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month . The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator . Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.
3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5 th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals, not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B -5”. All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.
5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments.
6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.
7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:
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[INSERT PROJECT #]
Exhibit B
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice .
If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.
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[INSERT PROJECT #]
Exhibit B-1
EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein . The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs . Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs ____________________
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[INSERT PROJECT #]
Exhibit B-1
The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs . Allowable Overhead Costs include general, administrative, and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 The fixed fee is $______________________.
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip.
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement.
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[INSERT PROJECT #]
Exhibit B-1
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation, or craft agreement, or is otherwise specified in this Agreement . In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement . Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation . The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Contractor only . All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month . The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.
3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately . The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.
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[INSERT PROJECT #]
Exhibit B-1
3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.
3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.
4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment.
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[INSERT PROJECT #]
Exhibit B-2
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .
The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
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[INSERT PROJECT #]
Exhibit B-3
EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
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[INSERT PROJECT #]
Exhibit B-4
EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
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[INSERT PROJECT #]
Exhibit B-5
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods
TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
14.E
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Dec 10 2024
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Administrative Services Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Approve the Successor Agency to the Former Hemet Redevelopment Agency Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2025-26
RECOMMENDED ACTION:
It is respectfully recommended that the Successor Agency to the Former Hemet Redevelopment Agency (“Successor Agency”):
Approve the Recognized Obligation Payment Schedule (“ROPS”) and Administrative Budget for July 1, 2025, through June 30, 2026 (“2025-26”).
BACKGROUND:
Pursuant to the dissolution of redevelopment agencies per Assembly Bill (“AB”) ABX1 26 (Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), and subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012) (altogether, “Dissolution Act”), the City of Hemet (“City”) adopted Resolution No. 4474 on January 10, 2012, electing to serve as the Successor Agency to the former Hemet Redevelopment Agency (“former RDA”). The Successor Agency is required to prepare a ROPS before each 12-month fiscal period.
On September 22, 2015, Governor Brown signed Senate Bill (“SB”) 107, which went into effect immediately. SB 107 made several key changes to the Health and Safety Code (“HSC”) sections that establish the ROPS process (“the Dissolution Law”). On July 1, 2018, local oversight boards established by the Dissolution Law (specifically HSC Sections 34179 to 34181) to oversee successor agencies’ actions were replaced by countywide oversight boards. As of July 1, 2018, the applicable consolidated oversight board overseeing the Successor Agency is called the Countywide Oversight Board for the County of Riverside (“Oversight Board”).
Oversight boards have broad authority to determine meeting dates at which successor agencies must submit items, to set administrative budgets, to approve enforceable obligations, and otherwise to direct the successor agency to perform activities to wind down the former redevelopment agencies.
Therefore, after the ROPS 2025-26 and the Administrative Budget have been approved by the
14.F
Successor Agency, the ROPS 2025-26 will be sent to the Oversight Board for approval at its meeting on January 16, 2025.
DISCUSSION:
The City, acting as the Successor Agency, continues to prepare ROPS to ensure the former RDA’s financial obligations are met.
The Successor Agency is being asked to consider approval of the accompanying ROPS 2025-26, attached as Exhibit A, and, once approved, transmit it to the Oversight Board and then the California Department of Finance (“DOF”) to allow for disbursement of revenue to meet upcoming debt service payments and related enforceable obligations.
The ROPS 2025-26 contains the following sections:
1. Summary;
2. Detailed description of requested funding for the upcoming fiscal year;
3. Account of cash balances for Fiscal Year 2022-23; and
4. Notes to explain parts of the ROPS.
In total, the Successor Agency is requesting $1,020,194 in Redevelopment Property Tax Trust Funds (“RPTTF”) and the use of $795,797 in Reserve Balance funds as shown on the ROPS Summary.
These obligations are divided between two periods: 2025-26A and 2025-26B. These two periods correspond to the biannual disbursement of RPTTF dollars from the Riverside County Auditor- Controller (“County A/C”) to the Successor Agency, which occurs in January and June each year. The Successor Agency is requesting funds for the following items:
1. Estimated Fiscal Agent Fees;
2. Tax Allocation Refunding Bond Payments;
3. Riverside County Office of Education Pass Through Settlement Agreement; and
4. Successor Agency Administrative Costs.
Estimated Fiscal Agent Fees
The Successor Agency is required to provide payments to US Bank, the designated fiscal agent for the 2014 Tax Allocation Bond Refunding. The Fiscal Agent holds the accounts for the bonds and makes the debt service payments twice a year. The Successor Agency is requesting $3,600. This payment will continue until the bonds are paid off in 2031.
Tax Allocation Refunding Bond Payment
The Refunding Bonds were issued on December 23, 2014. In accordance with the terms of the bond issuance, the Successor Agency is required to prepare payment for the full calendar year of debt service payments. This includes requesting funding and using reserve funds for two payments totaling $878,344 during Fiscal Year 2024-25 and one payment totaling $795,797 to reserve for Fiscal Year 2025-26.
Hemet Unified School District Certificates of Participation
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The Hemet Unified School District (“HUSD”) entered into a Memorandum of Understanding with the former RDA on October 23, 1990, for the financing of public school facilities. HUSD has requested that the Successor Agency add an item to ROPS 20-21 for the payment of the following items:
Agreement for Cooperation Between HUSD, the former RDA, and the City, dated October 12, 1982 (“Passthrough Agreement”);
Memorandum of Understanding between HUSD and the former RDA, dated October 23, 1990 (“MOU”);
HUSD’s 2015 Refunding Certificates of Participation in the amount of $16,690,000 and a maturity date of October 1, 2028 (“2015 Refunding COPs”); and HUSD’s 2019 Refunding Certificates of Participation in the amount of $2,925,000 and a maturity date of October 1, 2031 (“2019 Refunding COPs”).
HUSD makes this request per section 9, page 12 of the MOU, which specifically states:
"For purposes of Section 33675 of the Health and Safety Code, the lease payments with respect to the District's 1990 COPs and payment on any other lease financing arrangements or other obligations incurred by the District for tire purpose of financing School Projects and secured by the District Share shall be deemed to be a debt of the Agency payable from the District Share in satisfaction of the obligations of the Agency under the Amended Cooperation Agreement. The District shall take all necessary action and cooperate fully with the Agency to enable the Agency to list all payments of the District Share as a debt of the Agency on any 'statements of indebtedness' the Agency may be required to file with the Riverside County Auditor-controller under Section 33675 of the Health and Safety Code." (Emph. added.)
The Successor Agency added ROPS Items 16 and 17 to the ROPS in FY 2020-21 as an obligation to ensure the 2015 Refunding COPs and 2019 Refunding COPs continue to be paid even if all other enforceable obligations are retired or paid off before their maturity date. The Successor Agency will, again, request $0 in RPTTF for these items.
Successor Agency Administrative Costs
HSC Section 34177(j) requires the Successor Agency to prepare an Administrative Budget and submit it to the Oversight Board for approval. Per HSC Section 34177, each successor agency is limited to an administrative cost allowance of the greater of $250,000 or 3% of RPTTF distributed for non-administrative obligations in the previous ROPS year. Further, under Section 34171(b)(4), the administrative allowance cannot exceed 50% of RPTTF distributed in the prior fiscal year, excluding the administrative allowance. The Successor Agency had $923,793 in non-administrative RPTTF distributed in the ROPS period covering July 1, 2024, to June 30, 2025, allowing the Successor Agency to request a maximum of $250,000. The Successor Agency is only requesting $125,000, of which the total $125,000 will be disbursed on or about July 1, 2025.
Submittal to the California Department of Finance
Dissolution Law requires that the ROPS 2025-26 be approved by the Oversight Board and submitted to DOF, the State Controller’s Office, and the Riverside County Auditor-Controller no later than February 1, 2025. If this deadline is not met, the City of Hemet (as the City and not as the Successor Agency) will be required to pay a $10,000 per day fine.
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STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Upon approval by the Successor Agency, Oversight Board, and DOF, ROPS 2025-26 would request RPTTF enforceable on payments remit timely to Successor the for needed funding Agency obligations due during Fiscal Year 2025-26. The City and other affected taxing agencies are entitled to receive the balance (“Residual”) of any RPTTF available after each of the two RPTTF distribution periods based on their respective shares.
ATTACHMENT(S):
Attachment 1: Resolution ROPS 25-26 Admin Budget
Attachment 2: Exhibit A - Hemet ROPS 25-26 Template
Attachment 3: Exhibit B - Hemet Administrative Budget 25-26 Attachment 4: RAD App ROPS 25-26
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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 SUCCESSOR AGENCY TO THE
FORMER HEMET REDEVELOPMENT AGENCY
APPROVING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE FOR JULY 1, 2025 THROUGH JUNE 30, 2026
AND APPROVING THE ADMINISTRATIVE BUDGET FOR
JULY 1, 2025 THROUGH JUNE 30, 2026
The Successor Agency to the Former Hemet Redevelopment Agency does resolve as follows:
WHEREAS, pursuant to the dissolution of redevelopment agencies per Assembly Bill (“AB”) ABX1 26 (Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), and subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012) (altogether, “Dissolution Act”), the City of Hemet (“City”) adopted Resolution No. 4474 on January 10, 2012, electing to serve as Successor Agency to the Hemet Redevelopment Agency (“Successor Agency”); and
WHEREAS, pursuant to Health & Safety Code (“HSC”) Section 34177(m), the Successor Agency is required to prepare a Recognized Obligation Payment Schedule (“ROPS”) prior to each 12-month fiscal period in a manner prescribed by the California Department of Finance (“DOF”), and submit the ROPS to the oversight board, the Riverside County Auditor-Controller, the State Controller’s Office, and DOF for review and approval; and
14.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, as of, on, and after July 1, 2018, under the Dissolution Law, Section 34179(j), in every California county there shall be only one oversight board that is staffed by the county auditor-controller; and
WHEREAS, the applicable consolidated oversight board overseeing this Successor Agency is called the Countywide Oversight Board for the County of Riverside (“Oversight Board”); and
WHEREAS, every oversight board, both the prior local oversight board and this newly established Oversight Board, has fiduciary responsibilities to the holders of enforceable obligations and to the taxing entities that benefit from distributions of property tax and other revenues under the Dissolution Law, in particular Section 34188; and
WHEREAS, pursuant to HSC Section 34177(m), the ROPS for the period beginning July 1, 2025, and ending June 30, 2026 (“25-26”) shall be submitted to the Oversight Board and DOF no later than February 1, 2025; and WHEREAS, pursuant to HSC Section 34177(m)(2), if a successor agency does not submit a ROPS by the aforementioned deadline, the city, county, or city and county that created the redevelopment agency shall be subject to a civil penalty equal to ten thousand dollars ($10,000) per day for every day the schedule is not submitted to DOF; and
WHEREAS, Section 34177(j) of the Dissolution Act requires the Successor Agency to prepare a proposed Administrative Budget for 25-26 (“Administrative Budget”) and submit it to the Oversight Board for approval; and
14.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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WHEREAS, pursuant to Section 34177(j), the Successor Agency’s Administrative Budget is to include all of the following: (a) estimated amounts of the Successor Agency's administrative costs for the upcoming twelve-month fiscal period; (b) the proposed sources of payment for the costs identified in (a); and (c) proposals for arrangements for administrative and operations services provided by the city serving as Successor Agency; and
WHEREAS, Exhibit “A” to this Resolution establishes the ROPS 25-26 and Exhibit “B” to this Resolution establishes the Administrative Budget in a manner consistent with that prescribed by DOF; and
WHEREAS, the Oversight Board is expected to consider approval of the ROPS 25-26 and the Administrative Budget for 25-26 on January 16, 2025; and WHEREAS, the Successor Agency desires to approve the ROPS 25-26 along with the Administrative Budget and transmit it to the Oversight Board, the Riverside County Auditor-Controller, the State Controller’s Office, and DOF as required by HSC Section 34172, et seq.
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE FORMER HEMET
REDEVELOPMENT AGENCY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
1. That the Successor Agency hereby finds and declares that the above recitals are true and correct.
2. The Successor Agency hereby approves the ROPS 25-26, attached hereto as Exhibit “A”, subject to the approval of the Oversight Board and DOF. The Successor Agency also accepts administrative revisions made to the ROPS 25-26 in
14.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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order to enable the Successor Agency to submit the ROPS 25-26 to DOF by the deadline of February 1, 2025.
3. The Successor Agency approves the Administrative Budget, attached hereto as Exhibit “B”, that is included in the ROPS 25-26.
4. Successor Agency staff is directed to transmit the ROPS 25-26 to the Oversight Board and, upon the Oversight Board’s approval, post the ROPS 25-26 on the City of Hemet’s website and submit the ROPS 25-26 to DOF, the California State Controller’s Office, and the Riverside County Auditor-Controller prior to February 1, 2025, as required by law.
14.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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PASSED, APPROVED AND ADOPTED this 10th day of December, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
14.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 6
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of December, 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
14.F
Successor Agency: Hemet
County: Riverside
Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 25-26A Total
(July - December)
25-26B Total
(January - June) ROPS 25-26 Total
A Enforceable Obligations Funded as Follows (B+C+D): 795,797$ -$ 795,797$ B Bond Proceeds -$ -$ -$ C Reserve Balance 795,797$ -$ 795,797$ D Other Funds -$ -$ -$ E Redevelopment Property Tax Trust Fund (RPTTF) (F+G): 125,000$ 895,194$ 1,020,194$ F RPTTF -$ 895,194$ 895,194$ G Administrative RPTTF 125,000$ -$ 125,000$ H Current Period Enforceable Obligations (A+E): 920,797$ 895,194$ 1,815,991$ Certification of Oversight Board Chairman: Signature Title Pursuant to Section 34177 (o) of the Health and Safety Code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. Signature Title
Recognized Obligation Payment Scehdule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period
14.F
A B C D E F G H I J K L M N O P Q R S T U V W
Bond
Proceeds
Reserve
Balance Other Funds RPTTF
Admin
RPTTF
Bond
Proceeds
Reserve
Balance Other Funds RPTTF
Admin
RPTTF
21,673,652$ 1,815,991$ -$ 795,797$ -$ -$ 125,000$ 920,797$ -$ -$ -$ 895,194$ -$ 895,194$ 4 Hemet Project Area/Fiscal AgentFees 6/21/05 12/31/31
Union Bank Administration fee for Tax
Allocation Bond administration
All
35,000 N 3,600$ -$ 3,600$ 3,600$ 5 Successor Agency Costs
(As allowed by H&S Code
Section 34171(b)) Admin Costs 7/1/14 12/31/31
City of Hemet Administrative expenses of
Successor Agency
All
875,000 N 125,000$ 125,000$ 125,000$ -$ 12 Hemet Project Area/2014
Tax Allocation Refunding
Bonds
Refunding Bonds
Issued After
6/27/12 11/1/14 12/31/31
MUFG Union BankRefinancing of Tax Allocation
Bonds (items 1 and 2)
All
6,177,140 N 874,094$ 795,797$ 795,797$ 78,297$ 78,297$ 15 Reserve for Next Period of
Bonds Payment
Reserves 11/1/14 12/31/31
City of Hemet Reserve required by Indenture
for 2014 Refunding Bonds for
use in following ROPS period
within the same calendar year
All
5,093,156 N 813,297$ -$ 813,297$ 813,297$ 16 HUSD 2015 Refunding COP
Miscellaneous 10/1/15 10/1/28
Hemet Unified
School District
Certificate of Participation
payment to fund HUSD and the
City's debts secured by
payments under a Passthrough
Agreement/MOU between
HUSD and the former RDA.
All
6,292,831 N -$ -$ -$
17 HUSD 2019 Refunding COP
Miscellaneous 4/1/20 10/1/31
Hemet Unified
School District
Certificate of Participation
payment to fund HUSD and the
City's debts secured by
payments under a Passthrough
Agreement/MOU between
HUSD and the former RDA.
All
3,200,525 N -$ -$ -$
25-26B (January - June)
Fund Sources
Hemet Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026
(Report Amounts in Whole Dollars)
Item # Project Name/Debt Obligation Obligation Type
Contract/Agreeme
nt
Execution Date
Contract/Agreeme
nt
Termination Date Payee Description/Project Scope Project Area Total
Outstanding
Debt or
Obligation
25-26B
TotalRetired
ROPS 25-26
Total
25-26A (July - December)
Fund Sources
25-26A
Total
14.F
A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before 12/31/10
Bonds issued on or
after 01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained for
future period(s)
Rent,
Grants,
Interest, etc.
Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution amount 829,390 2,006 127,505 E: $-57,207 21-22 ending balance + $753,672
reserve for 22-23 bond payment + 53,037 20-21
PPA held for 23-24 + $79,888 21-22 PPA held for
24-25
G: $127,505 19-20 PPA for 22-23,
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total distribution from the County Auditor-Controller 946,479
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
753,672 259,007
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s) 132,925 763,422 5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
51,555
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
0$ 0$ (57,207)$ 2,006$ 0$ No entry required
Hemet Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet.
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds
14.F
Item # Notes/Comments
Hemet Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
14.F
EXHIBIT B HEMET SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FY 2025-26 FOR JULY 1, 2025 to JUNE 30, 2026 Expense Category Responsibilities FY 2025-26 Proposed Budget Salaries and Wages Staff salaries, benefits, and payroll taxes
• Process payment of enforceable obligations • Maintain documentation of Agency records • Coordinate with consultant to answer questions and provide documentation as requested by Oversight Board, County Auditor-Controller, and Department of Finance • Prepare Prior Period Adjustment (PPA) • Reconcile Cash Balances $95,000
TOTAL $95,000 Maintenance and Operations
Contract services
• Prepare ROPS, PPA, staff reports, and resolutions • Coordinate with and answer questions for Oversight Board, County Auditor-Controller, and State Department of Finance • Monitor and project cash flow to ensure sufficient revenues for obligations and to inform Agency staff of expected revenues • Reconcile Cash Balances $20,000
Insurance and legal services • Review staff reports and resolutions • Provide legal services as needed $10,000 TOTAL $30,000 TOTAL BUDGET $125,000
14.F
Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Hemet
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 795,797 $ - $ 795,797 B Bond Proceeds - - -
C Reserve Balance 795,797 - 795,797
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 125,000 $ 895,194 $ 1,020,194 F RPTTF - 895,194 895,194
G Administrative RPTTF 125,000 - 125,000
H Current Period Enforceable Obligations (A+E) $ 920,797 $ 895,194 $ 1,815,991 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
14.F
Hemet
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$21,673,652 $1,815,991 $- $795,797 $- $- $125,000 $920,797 $- $- $- $895,194 $- $895,194 4 Hemet Project
Area/Fiscal
Agent
Administration
Fees 06/21/
2005
12/31/2031 Union
Bank
Administration
fee for Tax
Allocation
Bond
administration
All 35,000 N $3,600 - - - - - $- - - - 3,600 - $3,600
5 Successor
Agency Costs
(as allowed
by H&S Code
Section
34171(b)
Admin Costs 07/01/
2014
12/31/2031 City of
Hemet
Administrative
expenses of
Successor
Agency
All 875,000 N $125,000 - - - - 125,000 $125,000 - - - - - $- 12 Hemet Project
Area/2014
Tax Allocation
Refunding
Bonds
Refunding
Bonds Issued
After 6/27/12
11/01/
2014
12/31/2031 MUFG
Union
Bank
Refinancing
of Tax
Allocation
Bonds (items
1 and 2)
All 6,177,140 N $874,094 - 795,797 - - - $795,797 - - - 78,297 - $78,297 15 Reserve for
Next Period
of Bonds
Payment
Reserves 11/01/
2014
12/31/2031 City of
Hemet
Reserve
required by
Indenture for
2014
Refunding
Bonds for use
in following
ROPS period
within the
same
calendar year
All 5,093,156 N $813,297 - - - - - $- - - - 813,297 - $813,297 16 HUSD 2015
Refunding
COP
Miscellaneous 10/01/
2015
10/01/2028 Hemet
Unified
School
District
Certificate of
Participation
payment to
fund HUSD
and the City's
debts secured
by payments
under a
Passthrough
Agreement/
MOU
between
HUSD and
the former
All 6,292,831 N $- - - - - - $- - - - - - $-
14.F
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
RDA.
17 HUSD 2019
Refunding
COP
Miscellaneous 04/01/
2020
10/01/2031 Hemet
Unified
School
District
Certificate of
Participation
payment to
fund HUSD
and the City's
debts secured
by payments
under a
Passthrough
Agreement/
MOU
between
HUSD and
the former
RDA.
All 3,200,525 N $- - - - - - $- - - - - - $-
19 Riverside
County Office
of Education
Pass Through
Settlement
Agreement
Unfunded
Liabilities
09/23/
2014
06/30/2018 Riverside
County
Office of
Education
Ensuring
former Item
#14 pass
through
payment is
made after
non payment
in FY 17-18
and FY 21-22
- Y $- - - - - - $- - - - - - $-
14.F
Hemet
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
829,390 2,006 127,505
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
946,479
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
753,672 259,007
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
132,925 763,422
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required 51,555
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $(57,207) $2,006 $-
14.F
Hemet
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
4 5
12 15
16 17
19
14.F
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Dec 10 2024
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Karama Roberson, Human Resources Analyst;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Agreement between the City of Hemet and Burnham Benefits Insurance Services, LLC, For Benefits Broker Services and Authorizing the City Manager to Execute All Documents Related to the Agreement
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Agreement between the City of Hemet and Burnham Benefits Insurance Services LLC, For Benefits Broker Services and Authorizing the City Manager to Execute All Documents Related to the Agreement.
BACKGROUND:
The City of Hemet has used USI Insurance Services LLC (USI) for the past three years. Currently, the City only offers two health plans to current employees: Kaiser and Aetna. Aetna, being the more costly option, ranges from a $1,773 premium per month for employee only to $5,320 for family coverage for the full network Aetna plan; therefore, the option of Aetna is cost prohibitive for most employees - even with the City's contribution. Hemet's current Benefits Broker, USI, has continually informed the City that healthcare providers refuse to "bid" for the City's health plans and have provided no strategy to assist the City with an alternative path.
While evaluating the City's existing practices, staff identified the need to obtain competitive proposals for this service. On September 30, 2024, the City posted a Request for Proposal (RFP) for Benefit Broker Services through Planet Bids, the City's eProcurement service. The RFP closed on October 21, 2024. The City received proposals from five firms: USI, Keenan, Alliant, Burnham, and HUB International. After a review of the proposals, Burnham, Keenan, and Alliant were invited to be interviewed. The proposals submitted by these firms are closely aligned with the City's needs as identified in the RFP. The interviews were conducted on November 18-19, 2024, by City staff. Staff unanimously recommended the selection of Burnham.
14.G
Burnham provided a comprehensive presentation that answered all questions the staff was prepared to ask. Burnham also asked many questions of City staff, acknowledging the City's needs, especially with regard to health plans. Burnham provided cost savings options, consisting of pooled purchasing programs through joint powers authorities (JPAs). These programs leverage volume to provide cost savings through risk-sharing and could potentially provide premium savings. Burnham will also provide proven employee Wellness Strategies, and improved customer service options for active employees as well as retirees. The agreement with Burnham will allow the City to operate according to industry best practices and provide a better benefits experience to active employees and retirees.
ANALYSIS:
Burnham is in the top twenty national insurance brokerage and consulting firms. Burnham currently works with over 100 California Municipalities and has a dedicated Public Sector team that will be working along side the City. Burnham will provide experienced professionals in the following areas:
Data Analytics, Compliance, Benefits Technology, Client Communications, Voluntary and Wellness Benefits. Burnham's Human Resources Solutions will improve employee experience, assist the City's Human Resources team, drive efficiency, and ensure accountability.
With Burnham being the selected broker, staff recommends a three-year agreement with two one- year extension options. Burnham will provide an annual services timeline to serve as the yearly roadmap for achieving the goals agreed upon as well as a three-year plan. The Burnham team will evaluate the current and past benefits, trends, and carrier/vendor performance and will map out a plan for moving forward. Burnham will further manage carrier negotiations and renewals; employee communications (including a customized mobile app); employee wellness program, compliance programs; relations/services; and account management. Staff is confident that with Burnham, benefit options will improve for City staff, consistent with the Strategic Plan's goal of enhancing employee morale.
The payment for Burnham's brokerage services is paid through commission, not to exceed $75,000 annually. Commission payments are paid by health insurance carriers derived by a percentage of the total premium based on the number of employees enrolled in the plan.
Currently, under USI, the commission is set not to exceed $100,000
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:
No fiscal impact. Burnham will be commission-based and not to exceed $75,000 annually.
14.G
ATTACHMENT(S):
Attachment 1: Resolution for Burnham Benefits Broker - December 2024 Attachment 2: Burnham Benefits - Employee Benefits Broker - 2025-052
14.G
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, APPROVING THE
AGREEMENT BETWEEN THE CITY OF HEMET AND
BURNHAM BENEFITS INSURANCE SERVICES, LLC,
FOR BENEFITS BROKER SERVICES AND AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
RELATED TO THE AGREEMENT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet (“City”) has used USI Insurance Services for three years; and
WHEREAS, medical, dental, and vision premiums continue to increase every year for the City’s active employees and benefits-eligible retirees; and WHEREAS, in an effort to increase Organizational Effectiveness, on August 15, 2024, the City posted a Request for Proposal (RFP) for Benefit Broker Services; and WHEREAS, the City received proposals from five (5) firms; USI, Keenan, Alliant, Burnham and HUB International; and
WHEREAS, interviews were conducted on November 18-19 2024, by City staff; and
WHEREAS, City staff unanimously recommend the selection of Burnham Benefits Insurance Services LLC, for the City’s Benefits Broker services; and
14.G
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, Burnham will work on commissions paid for by health insurance carriers, derived from a percentage of the total premium based on the number of employees enrolled, not to exceed seventy-five thousand dollars ($75,000) annually, therefore there will be no fiscal impact to the City; and WHEREAS, the City Council approves the agreement between the City of Hemet and Burnham Benefits Insurance Services LLC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS: To approve the recommended changes incorporated herein by reference are hereby approved.
SECTION 1. FINDINGS — The recitals set forth above are hereby adopted findings in support of this Resolution.
SECTION 2. Approve the Agreement for Services between the City of Hemet and Burnham Benefits Insurance Services, LLC for benefits broker services in an amount not to exceed seventy-five thousand dollars ($75,000) annually.
SECTION 3. Authorizes the City Manager to execute all documents related to the agreement.
SECTION 4. EFFECTIVE DATE - This Resolution shall become effective upon adoption.
14.G
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
PASSED, APPROVED AND ADOPTED this 10th day of December, 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 10th day of December, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
BURNHAM BENEFITS INSURANCE SERVICES, LLC
A LIMITED LIABILITY COMPANY
AGREEMENT # 2025-052
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PROFESSIONAL SERVICES AGREEMENT
FOR EMPLOYEE BENEFIT BROKER
BETWEEN THE CITY OF HEMET AND BURNHAM BENEFITS INSURANCE SERVICES, LLC THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of January, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Burnham Benefits Insurance Services, LLC, a 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 performance of the Employee Benefit Broker 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, 2027, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.
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(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 Seventy-Five Thousand Dollars ($75,000.00) per City fiscal year (“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 bi- weekly and are safe and secure. To enroll in ACH electronic payments contact
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[email protected].
(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
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whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s 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
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intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials 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
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(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, 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
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and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the 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.
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(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for 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.
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SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities
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who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or 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.
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(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
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: Burnham Benefits Insurance Services, LLC Attn: Ann Stawicki
2211 Michelson Drive, Suite 1200
Irvine, CA 92612
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.
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SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
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.
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SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this 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.
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SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement.
PROFESSIONAL SERVICES AGREEMENT
FOR EMPLOYEE BENEFIT BROKER
BETWEEN THE CITY OF HEMET AND BURNHAM BENEFITS INSURANCE SERVICES, 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
Benefits Consulting Services
1. Strategic Benefit Planning. Assistance in developing overall plan benchmarks and targets to ensure that the plan meets the objectives of Client and its employees.
2. Benefit Design. Help ensure that benefit designs are consistent with the strategic benchmarks and targets set forth in the strategic benefit planning process. Benefit Design may include:
a.Comprehensive plan design evaluation
b.Cost analysis, market study & carrier trend analysis
c.Network comparisons and utilization
d.Benchmarking data research and reports
e.Targeted consumerism assessment (HSA, FSA, HRA, CDHP, etc.)
3. Annual Renewal Management. Annual renewal evaluation, marketing, and negotiations with vendors.
4. Day-to-Day Administration. Aid in the daily administration of programs, including resolution of vendor service issues and addressing questions and concerns raised by Client's employees and management.
5. Overall Program Management. Services will include attendance at, and facilitation of, regular meetings with Client and vendors as needed to facilitate program management including day-to-day operations and planning program changes. Here is the meeting cadence and objectives.
a.Quarterly Meeting: Review all activities performed during the prior quarter.
Includes discussion of business concerns, including presentations of options and recommendations.
b.Semi-Annual Meeting: Discuss and review Client’s programs, plans and benefit features, the state of the individual and group marketplaces, any progress made toward achieving strategic planning, and developments within Client's organization.
c.Annually: Review the stewardship report for the preceding year, create a stewardship report outlining the goals and objectives for the upcoming year, and to agree upon the Firm’s fees for the next twelve (12) month period.
6. Administration Oversight. Identify core administrative services, assess vendor performance, and manage vendor relationships to provide appropriate program administration.
7. Stewardship Reporting. Develop and implement a detailed account stewardship plan which includes:
a.Specific quantifiable and measurable goals and objectives for the Service team respecting Client’s employee benefit programs and plans. b.Detailed work plans laying out account management plans, work schedules, areas of concentration, timing, and information requirements.
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00091740.2
Exhibit A – Scope of Services
Page | 2
Affordable Care Act Consulting
The Firm will offer advice and counsel regarding Client’s ACA-related obligations and requirements including the following.
1. ACA Reporting.
a. Information reporting assessment & preparation assistance b. ACA reporting advice, counsel, and recommendations for action
2. ACA Education. Webinars, educational meetings, and presentations Compliance Services (State and Federal)
Utilizing in-house attorneys and compliance department (the Baldwin Regulatory Compliance Cooperative), The Firm will provide the following compliance services.
1.Legislative Updates. Provide ACA, COBRA, HIPAA, MHPAEA, FMLA, Internal Revenue Code, and State & Federal legislative updates and educational materials specific to Client’s employee benefit plan and program compliance requirements
2. Contract Review. Provide limited contract review
3. Disclosures. Provide annual and periodic notice disclosures
4.Compliance Tools & Legislative Information. On a reoccurring basis, provide informational and educational collateral and learning resources respecting legislative and regulatory developments that may impact Client’s employee benefit plans, including information on such topics such as: ACA, COBRA, HIPAA, MHPAEA, FMLA, USERRA, Internal Revenue Code (“IRC”) Sections 125 and 105(h), and the like.
Communications Services
The Firm’s Client Service Teams and in-house marketing & communications design team will deliver the following communications services.
1.Employee Written Communications. Developing employee communications including:
a. Benefit summaries
b. Custom benefit enrollment brochures
c. Market ready collateral (ACA, wellness, financial tips, etc.) d. Employee surveys
e. Total compensation statements
2. Employee Presentations. Deliver the following directly to employees a. Annual Open Enrollment meetings
b. Onboarding presentations
c. Face-to-face webinars
3. Review of Plan Communications. Assist with review of plan documents and insurance certificates during the planning and enrollment process
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00091740.2
Exhibit A – Scope of Services
Page | 3
Innovation & Technology
The Firm’s Client Services and in-house benefits technology team will provide the following.
1. HR Technology Environment Assessment. Assess Client’s HR Technology systems (HCM, Payroll, HRIS, Benefits Administration, Leave Management, etc.) and make recommendations or suggestions for improvement or integration.
2. HR Technology RFI / RFP. Facilitate a Request for Information and/or a Request for Proposal Process, including:
a. Strategy and Requirements Gathering
i. Conduct a full needs analysis and process review with Client ii. Document project goals that will be cross referenced with vendor services and capabilities
iii. Identify budget and user / role expectations
b. Vendor Research and Software Evaluation
i. Vendor / Software Evaluation (Align Requirements with vendor core capabilities) – comprise a short list of vendors for client to evaluate ii. Act as a single point of contact for all vendor communications and activities
iii. Schedule and coordinate Demonstration and Q&A Sessions with vendor and Client
iv. Conduct post presentation discussions and feedback sessions as needed v. Gather vendor proposals, SOWs, service agreements, training details and implementation plans as needed
vi. Provide cost comparison, pricing reviews and proposal walk through and discussions
c. Contract Review, Negotiations, and Selections
i. Review contract terms and pricing to ensure they align with industry standards and partnership pricing (if applicable)
ii. Recommend areas for client to negotiate
3. Enrollment System Assistance.
a.EASE Solution Delivery
i. Provide EASE solution platform
ii. Configure EASE for Client based on plan designs and carrier selection iii. Ongoing management of changes to EASE to support enrollment functionality including plan year rollover
4. Online HR and Employee Benefits Portal. Assist with setup of portals for Client and Client’s employees.
Additional Value-Added Services
1.Employee Support. A contact center for employee questions. Key features include:
a. Phone Support (local or toll-free number)
b. Email Support
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00091740.2
Exhibit A – Scope of Services
Page | 4
c. Level 1 Support: Support for questions on benefits offered, eligibility, plan selection, enrollment decision support
d. Level 2 Support: L1 plus – Carrier Assistance (claims, EOB’s, access to care), Enrollment systems support (define based on access), Healthcare Decision Support (provider finder)
e. Staffed during normal business hours
f. Multi-lingual available Multilingual staff (list languages here)
2.COBRA Administration Support
a. Support Client in review and selection of COBRA Administrator b. Implementation support of selected COBRA Administrator c.Ongoing vendor performance management and escalated service support
3.HR Consulting and Unlimited Online Training
a. Provide Client with free access to basic online employee and supervisor training resources through Firm vendor partners, including, but not limited to, the following resources:
i. Basic online employee training program, including Sexual Harassment prevention training resources
ii. HR hotline for personalized answers to your benefits and compliance questions
iii. HR Apps such as job description resources, performance review tools, benchmarking, etc.
iv. Library of HR and benefits-related articles and employee-facing content
4. Wellness: Total health & productivity needs assessment, planning & execution a. Support Client wellness initiatives including
i. Selection of wellness vendors
ii. Implementation of selected wellness vendors
iii. Facilitation or Participation in Client wellness committees b.Health Fairs Support. Setup or facilitate on-site health fairs including biometric screenings, flu shots, COVID shots, etc.
5. Dependent Audit Analysis
a. Support in review and selection of Dependent Audit vendor b. Provide guidance on employee communication regarding audit process and requirements
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00091740.2
Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
Compensation for the Services shall not exceed Seventy-Five Thousand Dollars ($75,000.00) per City fiscal year.
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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 $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 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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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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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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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Dec 10 2024
Department: City Council
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding Gentry General Engineering Inc., the Sewer Manhole Rehab and State Street Main Replacement Project, CIP 5663, in the Amount of $426,678.50, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents, Approving Additional Construction Expenditures Not to Exceed Approximately 10% of the Contract Amount or $42,668, Authorizing the Administrative Services Director to Appropriate an Additional $300,300 of Unencumbered Public Sewer Utility Funds (Fund 254) to the Project Account to Fund the Total Project Costs and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding Gentry General Engineering Inc., the Sewer Manhole Rehab and State Street Main Replacement Project, CIP 5663, in the Amount of $426,678.50, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents, Approving Additional Construction Expenditures Not to Exceed Approximately 10% of the Contract Amount or $42,668, Authorizing the Administrative Services Director to Appropriate an Additional $300,300 of Unencumbered Public Sewer Utility Funds (Fund 254) to the Project Account to Fund the Total Project Costs and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer.
BACKGROUND:
The City of Hemet owns and operates a wastewater collection system within the City of Hemet which encompasses 6.75 square miles. The system consists of 140 miles of sewer mains, and over 1,800 sewer manholes. All wastewater collected through the City of Hemet is conveyed to EMWD, where all treatment, pumping, and disposal is accomplished.
The work to be constructed is located on the following streets and limits:
1. The reconstruction of sewer manholes:
Intersection of Florida Avenue and Gilbert St.
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Intersection of State St. and Kimball Avenue
Intersection of Florida Avenue and Inez St.
Intersection of Devonshire Avenue And Hamilton Avenue Midblock near 100 S. State St.
2. The replacement of an existing 8" diameter sewer main on State St. from Kimball Avenue to approximately 310’ south of Kimball Avenue
The proposed project has been contemplated in the capital improvement program since 2019, with the main replacement section on State Street added during the 2024 annual program update. The design was finalized and approved by the City Engineer on October 28, 2024.
ANALYSIS:
On October 29, 2024, the City of Hemet solicited bids from 354 vendors on Planets Bids and opened bids on November 21, 2024. A total of two bids were received and reviewed by staff, resulting in Gentry General Engineering Inc. being the verified lowest responsive and responsible bidder. An advertisement was also published in the Press Enterprise on November 2, 2024. Formal bidding procedures were followed in conformance with the Public Contract Code. All CIP projects allow the City to take the bids under advisement for a period of 60 days after the date the bids are publicly opened.
Vendor Price Quote
Gentry General Engineering Inc. $426,678.50
Hemet Inc. $518,739.00
Staff recommends awarding the Sewer Manhole Rehab and State Street Sewer Mainline Replacement, CIP 5663, to Gentry General Engineering Inc. as the lowest responsive and responsible bidder.
DISCUSSION:
The intention of this project is to remediate these maintenance hot spots that command much of the sewer maintenance staff's time to keep the areas flowing correctly and avoid hazardous sewer spills.
The maintenance time that these areas require has taken away time that should be utilized in other areas of the system.
The cost for the project came in significantly higher than estimated. The data used for the estimate was from larger projects that likely had economies of scale incorporated. This project also requires coordination and an encroachment permit issued by Caltrans that may have been underestimated in the contractor's price. Yet another variable that may not have been fully captured is that a couple of these manholes to be replaced are deeper than the typical 4-6' depth and their required shoring has likely contributed to the higher bids.
This project may get a lower bid if added to a larger project to receive economies of scale, however, the Sewer Division views these areas as long overdue for replacement and as a high probability for sewer spills. The next sewer project that this could be added to is still several months from being ready for construction.
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The City will manage and inspect the project with City Staff and an on-call Geotechnical consultant will be hired to perform materials testing on the project.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
Construction of the Sewer Manhole Rehab and State Street Main Replacement, CIP 5663, is funded by the City's Public Sewer Utility Fund 254. A supplemental expenditure appropriation of $300,300 is requested from Fund 254 to fund the total project costs.
The total estimated project costs are as follows:
Phase Cost
Design $35,476.00
Construction Contract $426,678.50
Contingency (10%) $42,668.00
Materials Testing and PM $10,000.00
Total Project Cost $514,822.50
ALTERNATIVE(S):
1. Do not award the construction agreement to Gentry General Engineering Inc.
2. Reject all bids and re-advertise for bids.
3. Provide alternate direction to the City Manager.
ATTACHMENT(S):
Attachment 1_ Resolution (CIP 5663)
Attachment 2 - Bid Summary
Attachment 3 - Bids Received
Attachment 4 - CEQA NOE CIP 5663
Attachment 5 - Agreement
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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, AWARDING GENTRY
GENERAL ENGINEERING INC., THE SEWER MANHOLE
REHAB AND STATE STREET MAIN REPLACEMENT
PROJECT, CIP 5663, IN THE AMOUNT OF $426,678.50,
WAIVING ANY MINOR BID IRREGULARITIES,
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
CONTRACT DOCUMENTS, APPROVING ADDITIONAL
CONSTRUCTION EXPENDITURES NOT TO EXCEED
APPROXIMATELY 10% OF THE CONTRACT AMOUNT
OR $42,668, AUTHORIZING THE ADMINISTRATIVE
SERVICES DIRECTOR TO APPROPRIATE AN
ADDITIONAL $300,300 OF UNENCUMBERED PUBLIC
SEWER UTILITY FUNDS (FUND 254) TO THE PROJECT
ACCOUNT TO FUND THE TOTAL PROJECT COSTS AND
AUTHORIZING THE CITY CLERK TO RECORD THE
NOTICE OF COMPLETION UPON ACCEPTANCE OF THE
WORK BY THE CITY ENGINEER
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 owns and operates a waste water collection system within the City of Hemet which encompasses 6.75 square miles. The system consists of 140 miles of sewer mains, and over 1800 sewer manholes; and; WHEREAS, the City of Hemet Public Works Department is responsible for sewer infrastructure projects that include replacing main lines; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, On October 20, 2023, the City Engineer approved the bid package for the Sewer Manhole Rehab and State Street Main Replacement Project (CIP 5663); and
WHEREAS, the scope work and locations for the Sewer Manhole and State Street Main Replacement Project (CIP 5663) is as follows:
1. The reconstruction of sewer manholes at the Intersection of Florida Ave. and Gilbert St., intersection of State St. and Kimball Ave, intersection of Florida Ave. and Inez St., intersection of Devonshire Ave. And Hamilton Ave. and midblock near 100 S.
State St.
2. The replacement of an existing sewer main on State St. from Kimball Ave to approximately 310’ south of Kimball Ave; and
WHEREAS, On October 29, 2024, the City solicited bids from 354 vendors on Planet Bids and advertised in the Press Enterprise newspaper on November 2, 2024; and
WHEREAS, Bids were opened on November 21, 2024, and the City received two total bids for the project. Formal bidding procedures were followed in conformance with Public Contracts Code. A review of the bids was completed, and it was determined by staff that Gentry General Engineering, Inc., is the verified lowest and responsive bidder; and
WHEREAS, staff recommends waiving any minor irregularities within the Gentry General Engineering, Inc., bid submittal; and
WHEREAS, staff recommends the award of a City of Hemet Contractor agreement to Gentry General Engineering, Inc., in the amount of $426,678.50; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, staff recommends the City Council Authorize the City Manager to execute all contract documents and to approve additional project expenditures not to exceed $42,668, which is approximately 10% of the contract amount; and WHEREAS, staff recommends the City Council Authorize the Administrative Services Director record a supplemental appropriation from Fund 254 (Sewer Fund) in the amounts of $300,300 to fund the total project costs; and WHEREAS, the timeline for completion of the project is a maximum of sixty (60) working days; and
WHEREAS, staff recommends the City Council Authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2.Approves the construction agreement for the Sewer Manhole Rehab and State Street Main Replacement, CIP No. 5663, to Gentry General Engineering Inc. in the amount of $426,678.50, and waive any minor irregularities in their bid.
SECTION 3.Authorizes the City Manager to execute expenditures not to exceed 10% of the contract amount or $42,668.
SECTION 4.Authorizes the Administrative Services Director to record a supplemental appropriation from Fund 254 (Sewer Fund) in the amounts of $300,300 to fund the total project costs.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
SECTION 5.Authorizes the City Clerk to record the Notice of Completion upon acceptance for the work by the City Engineer.
SECTION 6.This resolution shall become effective upon adoption.
PASSED, APPROVED AND ADOPTED this 10th day of December, 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 10th day of December, 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
Bid Results for Project Sewer Manhole Rehab and State Street Main Replacement ‐ CIP 5663 Issued on 10/29/2024
Bid Due on November 21, 2024 3:00 PM (PST)
Exported on 11/25/2024
Line Totals (Unit Price * Quantity)
Item Num Description
Unit of
Measure Quantity Unit Price Line Total Unit Price Line Total 1 Mobilization/Demobilization (not to exceed 5%) LS 1 $11,100.00 $11,100.00 $25,000.00 $25,000.00 2 Traffic and Pedestrian Control LS 1 $51,000.00 $51,000.00 $30,800.00 $30,800.00 3 Water Quality Control LS 1 $12,750.00 $12,750.00 $550.00 $550.00 4 Field Orders LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 5 Temporary Construction Project Identification Sign LS 1 $3,200.00 $3,200.00 $1,100.00 $1,100.00 6 Pre/Post CCTV Inspection LS 1 $6,000.00 $6,000.00 $4,193.00 $4,193.00 7 Sewer Bypass Pumping LS 1 $55,300.00 $55,300.00 $33,849.00 $33,849.00 8 Construct 6" PVC SDR‐35 Sewer Main LF 21 $508.00 $10,668.00 $292.00 $6,132.00 9 Remove 48" Dia Sewer Manhole EA 4 $9,300.00 $37,200.00 $10,588.00 $42,352.00 10 Construct 48" Dia Sewer Manhole EA 5 $15,000.00 $75,000.00 $25,410.00 $127,050.00 11 Grind & Overlay AC Pavement SF 3565 $17.70 $63,100.50 $13.00 $46,345.00 12 Remove & Reconstruct PCC Cross Gutter & Sprandrell SF 30 $248.00 $7,440.00 $1,148.00 $34,440.00 13 Construct 8" PVC SDR‐35 Sewer Main LF 312 $285.00 $88,920.00 $519.00 $161,928.00 Total $426,678.50 $518,739.00
Gentry General Engineering,
Inc.
Hemet Manufacturing
Company, Inc
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SEWERMANAHOLEREHABANDSTATESTREETMAINREPLACEMENTCIPNo.5663 BIDDER'SPROPOSALTheundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentfortheSEWERMANHOLEREHABANDSTATESTREETMAINREPLACEMENT,CIPNo.5663,andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2024asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.TheundersignedhasexaminedthelocationoftheproposedworkandalllocalandphysicalconditionsandchallengespresentedbytheProjectsite,isfamiliarwiththeplans,specifications,ContractDocuments(particularlyasdelineatedabove)andtherequirementsofthePublicWorksContract,andalsounderstandsthattheProjectshallbecompletelyconstructedinturn-keyconditionacceptabletotheOwnerwithintheProjecttimerequirementsforthepriceoftheproposal,includingallfeesandsalesand/orusetaxuponanymaterialssofurnished,includinganyunitpricesandadditive/deductiveitems.TheundersignedhasalsocarefullycheckedallofthefiguresgivenandunderstandsthattheAgencywillnotberesponsibleforanyerrorsoromissionsonthepartoftheundersignedinsubmittingthisproposal.Contractorconfirmsthathis/her/itsbidissubmittedwithrespecttothechangestotheContractand/orContractDocumentsincludedinalladdendaissuedbytheOwner.Inadditiontoreaffirmingthatthechangesandinformationcontainedintheaddendahavebeenintegratedintotheirproposal,ContractoracknowledgesreceiptofAddendaNo.(s)TheundersignedhasexaminedthecurrentStateofCaliforniascheduleofprevailingwageratesforthetypesofworktobedoneonthisproject(andtheDavis-BaconActiftheAgencyusesfederalfundsfortheProject)andagreestopaynotlessthantheserates.Theundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentfortheSEWERMANHOLEREHABANDSTATESTREETMAINREPLACEMENT,CIPNo.5663andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2024asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.
Rev.02020
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SEWERMANAHOLEREHABANDSTATESTREETMAINREPLACEMENTCIPNo5663 BIDDER'SPROPOSAL(cont’d)BIDSCHEDULEBASEBID-SEWERMANHOLEREHABANDSTATESTREETMAINREPLACEMENT,CIPNo.5663 EXTENDEDITEM ESTIMATEDUNITDESCRIPTIONUNIT ITEMNo QUANTITYPRICEAMOUNTMobilization/Demobilization(notto1 LS1exceed5%)2Traf?candPedestrianControlL813WaterQualityControlLS14FieldOrders L81 $5,000$5,0005TemporaryConstructionProjectLS1IdentificationSign6Pre/PostCCTVInspectionL817SewerBypassPumpingL818Construct6”PVCSDR—35SewerMainLF219Remove48"Dia.SewerManholeEA410Construct48”Dia.SewerManholeEA511Grind&OverlayACPavementSF3565Remove&ReconstructPCCCross12Gutter&SoandrellSF3013Construct6”PVCSDR—35SewerMainLF312TOTALBASEBID(numbers BASEBIDTOTAL(inwords)
Contractor'sInitials
ADDITIVEABIDITEMSTOTAL(inwords)
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3\\,'\00513100005m1000Kvmso?»VLHSD$3.10003.7.00[’0U900.1‘.mooo{$9.300$331005‘386%14K).DUB584.3001;}31.9.00?ns-.000§1§..000n}W10.1:usww52‘18B’h‘HO11»233'$58.0110 owvelgv?and{yew(Jams
5
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SEWERMANAHOLEREHABANDSTATESTREETMAINREPLACEMENTCIPNo5663 BIDDER'SPROPOSAL(cont’d)Intheeventofavariationbetweentheunitpriceandextendedtotal,theunitpricewillbeusedandthecorrectedextensionwillbeconsideredastheamountbid.Ifthebidisillegibleandcannotbereconcileditwillbeconsiderednon-responsiveandwillnotbeconsideredforaward.Ifanadditiveand/oralternatebidscheduleiscalledforintheContractDocuments,thelowestbidwillbedeterminedonthebasisofthebasebidschedule(s)onlyunlessotherwisespecifiedintheNoticeInvitingBidsorbyAddendaifissuedtosupersedetheNoticeInvitingBidsonthisspecificissue.ForaContractwhereadeductivebidscheduleiscalledfor,thelowestbidwillbedeterminedbythetotalofallbidschedulesincludingthedeductivebidschedule(s).Regardlessofwhethertheadditive/deductiveoralternatesbiditemswillbeconsideredindeterminingthelowbid,theAgencymayelecttoincludeanyornoneoftheadditive/deductiveoralternatebiditems/schedules,ortootherwiseaddorremovecertainworkfromthescopeofWork.Accordingly,Contractorwarrantsthateachbiditemcontainsaproportionateshareofprofit,overheadandothercostsandexpenses,whichwillbeincurredbytheContractorfortheProject.Ifequallowbidsarereceivedfromresponsibleandresponsivebidderstheselectionshallbemadebydrawinglots,orothersimilarrandomblindmethodselectedbytheAgency.IfonlyoneresponsivebidisreceivedfromaresponsiblebiddertheawardshallnotbemadeunlessthepricecanbedeterminedtobereasonablebasedonananalysisbytheAgency.TheAgency'sdeterminationastothereasonablenessofanysuchbidshallbefinal.TheAgencyreservestherighttorejectanyorallbids,towaiveanyirregularity(ies),andtotakeallbidsunderadvisementforaperiodofsixty(60)calendardaysafterthedatethebidsarepubliclyopened.BidderacknowledgesthatallcostsincurredasaresultofpreparingtheproposalshallbethesoleresponsibilityofBidder.TheNoticeInvitingBidsandInstructionstoBiddersdoesnotcreateorimposeanyobligationupontheAgencytoenterintoacontract.Allbidsreceivedshallberecordedonanabstract(tabulation)ofbids,andthenmadeavailableforpublicinspectionwithintwobusinessdaysofbidopening.Thequantitieslistedinthebidproposalareprovidedtogiveageneralindicationofthescopeoftheworkandforthecomparisonofbids.Nowarrantyismade,eitherexpressedorimplied,thattheactualquantitiesofworktobedonewillcorrespondtherewith.Itemnumbersfollowedby”(S)"aredesignatedasspecialtyitemswhichwillnotbeincludedtowardsthecalculationofminimumof50percentofworktobeperformedbyContractor’sownforces.BysigningandsubmittingthisbidtheContractorconfirmsthattheyarefamiliarwiththeworksiteandallexistingconditionsthatmayaffecttheirworkandthattheyhavereadandagreetoalltheterms,conditionsandrequirementscontainedorreferencedhereinorintheContractDocumentsandthatalltheaforementionedhasbeenincludedinthebidpriceslistedabove, Rey.faFebruary2020
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SEWERMANAHOLEREHABANDSTATESTREETMAINREPLACEMENTCIPNo5663 BIDDER'SPROPOSAL(cont’d)includingitemsofworkthatmaynothaveaspecificpaylineitemandthatthereshallbenoadditionalcoststotheAgency.W ARNING:IfanaddendumoraddendahavebeenissuedbytheAgencyandnotnotedaboveasbeingreceivedbythebidder,thisBidmayberejected.
Rev.02020
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SEWERMANAHOLEREHABANDSTATESTREETMAINREPLACEMENTCIPNo5663 BIDDER'SPROPOSAL(cont’d)Completethefollowing:
Legalnameofthebusiness,DIRReg.andContractorLicenseNos.
BusinessType(Corporation,Partnership,SoleProprietor)
Nameandtitleoftheowner
Nameandtitleofsecondpartnerorofficer
Facsimilenumber
NameandEmailaddressofprimarycontact
Companywebaddress
Printnameandtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateo?‘icersarerequired.) GentryGeneralEngineering,Inc.
BrentonGentry-President,Secretary,Treasurer,andManager
320W.TropicaRanchoRd.Colton,CA92324
[email protected]
- 2024
1000024189974279
Corporation
DBA(ifany)Gentry-President/CEO
BusinessAddress
Telephonenumber
Rev.0Februag'y202a
SignatureofBidder DateBrentonGentry-President/CEOSignatureofBidder DateBrentonGentry-Secretary.Treasurer,andManager
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’éut “bit
SEWERMANAHOLEREHABANDSTATESTREETMAINREPLACEMENTCIPNo5663 BIDDER'SPROPOSAL(cont’d)CERTIFICATEREGARDINGCONTRACTOR'SLICENSE1.ContractorisrequiredtopossessoneofthefollowingStateContractor'sLicenseStateofCaliforniaClass'A’Contractor’sLicenseCombinationofSpecialtyClass’C'Contractor’sLicenses2.Afailureto(1)possesstherequiredlicense,(2)truthfullysetforththefollowinginformation,and/or(3)executethisCertificatemayrendertheproposalnonresponsiveandpermittheCitytorejecttheproposal.(BusinessandProfessionsCodeSection7028.15)3.Contractordeclares,underpenaltyofperjury,thathe/she/itpossessestherequiredContractor'slicense(s)which:aBearsthelicensenumber(s)b.Expireson Date
Printnameandtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateofficersarerequired.)ThisrequiredlicensedeterminationhasbeenmadebytheAgency.AnyContractorholdingadifferentlicensewhofeelsheisqualifiedtobidonthisworkmustsoadvisetheAgencyatleastseven(7)dayspriortothebidopening.TheAgencymayconductareviewofthecontemplatedworktore-evaluatetherequiredlicensedetermination.TheAgencymayinitssolediscretionmaintainorchangetherequiredlicensedetermination;Agency’sdecisionastotherequiredlicensewillbefinal.
Rev.0February2020
SignatureofBidder DateBrentonGentry-Secretary,Treasurer,andManager November21,2024 ~— November21,2024SignatureofBidderBrentonGentry-President/CEO
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NOWLEDMN
validiydocument.
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personallyappearedBrentonGentrywhoprovedtomeonthebasisofsatisfactoryevidencetobe(hepersaty?)namely)ls/ar?subscribedtothewithininstmmentandacknowledgedtomethathalse yhis/héreirauthorizedcapacity(ie§).andthatbyhlslh?rltheirslgnature(person(s),ortheenh’tyuponbehalfofwhlchthepersona)acted.
MumNICOLESCARBRCUGNotaryPublic~camomlaSanBernarmnoChunk!CommisslnnH2197494MyComm.ExplresMarl7.:0 ACK(3ET
Anotarypublicorotherof?cercompletingthiscerti?cateveri?es-onlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orofthatStateofCalifornia.Countyof San:BernardinoAndreaScarbrough,NotaryPublic(insertnameandtitleoftheof?cer)On beforeme, whoseexecutedthesameInontheinstrumenttheexecutedtheinstrument.Icertify.underPENALTY0FPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect. HWITNESSmyhandandof?cialseal. 26 Signature (Seal)
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BondNo.CSBA—29029SEWERMANAHOLEREHABANDSTATESTREETMAINREPLACEMENTCIPNo5663 BIDDER'SPROPOSAL(cont’d)BIDSECURITYFORMFORBONDKNOWALLBYTHESEPRESENTS:ThattheundersignedGentrvGeneralEngineering,Inc.(NameofContractor)asPrincipalandtheundersignedasSuretyareheldandfirmlybounduntoOwner,CITYOFHEMET,apoliticalsubdivisionoftheStateofCalifornia,asobligee,inthepenalsumOHMAmountInWords)TenPercentoftheAmountBidDollars(510%IlawfulmoneyoftheUnitedStatesofAmericabeingatleasttenpercent(10%)oftheaggregateamountofsaidPrincipal’sbaseBid,forthepaymentofwhich,wellandtrulytobemade,webindourselves,oursuccessors,executors,administrators,andassigns,jointlyandseverally,firmlybythesepresents.WHEREAS,saidPrincipalissubmittingaBidfor*[PROJECTNAMEANDDESCRIPTION]*SewerManholeRehabandStateStreetMainReplacement,CIPNo.5663THECONDITIONOFTHISOBLIGATIONISSUCHthatiftheBidsubmittedbythesaidPrincipalbeacceptedandtheContractbeawardedtosaidPrincipalandsaidPrincipalshallwithintherequiredperiodsenterintotheContractsoawardedandprovidetherequiredConstructionPerformanceBond,ConstructionLaborandMaterialPaymentBond,insurancecertificates,andallotherendorsements,forms,anddocumentsrequiredundertheInstructionstoBidders,thenthisobligationshallbevoid,otherwisetoremaininfullforceandeffect.INWITNESSWHEREOF,theaboveboundenpartieshaveexecutedthisinstrumentthis14thdayof November2024.(Month)GentryGeneralEngineeriInc(Corpbrate'Seal) ByPrincipal8%TheOhioCasualtyInsuranceCompanySurety(CorporateSeal) By Reilly,Attorney-in-Fact r241“é‘td+“/prey)“;