Hemet City Council
December 10, 2024

14.J

where J & L Constructors Inc. is not notified and given a fair chance to repair such work after completion in a timely manner then the client and or purchaser of this agreement will forfeit all rights to mediation and or litigation for such services in question of repayment. This client and or purchaser of this agreement will also waive all rights to any legal proceedings here in.

Counterparts:

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but such counterparts, when taken together, shall constitute but one agreement.

Exclusions a nd Payment Terms
Payment Terms

1. All payments are due upon receipt of invoice. All late payments after a thirty (30) day grace period will be subject to the highest monthly interest rate allowed by law. Pursuant to California law, non-exempt lenders (the average individual) can charge a maximum of: (i) 10% interest per year (.8333% per month) for money, goods or things used primarily for personal, family or household purposes a nd (ii) for other types of loans (home improvement, home purchase, business purposes, etc.), ...

Contract period and payments are based solely on calendar days. NOT BUSINESS DAYS.

Standard Exclusions

1. All permit fees, bonds and any required deposits are to be paid for by others unless noted in “Work to Include”.

2. All asphalt and/or concrete is assumed to be 4-5” in thickness and therefore, any saw cutting and/or ja ck hammering has been bid accordingly. If the thickness exceeds 5” an extra charge will apply.

3. “Hard Digging” is any digging that requires additional labor, equipment and/or additional parts or attachments to be added to the equipment or any equipment that needs to be moved in to accomplish the work itemized in the “Scope of Work”. The determination of “Hard Digging” will be at the discretion of J & L Constructors Inc. authorized personnel and any additional charges generated w
ill be added to the contact price.

All excavated materials generated from our scope of work will remain on site unless removal of materials is specifically noted in “Work to Include”.

All standard traffic control required by the local governing agency will be provided by J & L Constructors Inc. Any custom made and/or signs that require special attention or handling, will be charged as an extra to the contract amount.

14.J

Any and/all contaminated materials “not limited to soils” that are excavated during the scope of work are the sole responsibility of others. J & L Constructors Inc. is not to be held responsible for the cost of any treatments or removals.

De-watering/ground water of any kind unless otherwise noted in the “Work to Include” will be charged as an extra to the contract amount.

The price of the “Scope of Work” or of this contract was determined by verbal explanations and/or physical inspection of the site or project. Any and all determinations and/or agreements should be listed and noted in the “Scope of Work, Inclusions a nd/or Additional exclusions. Do not sign or agree to this contract if there are any discrepancies. Any deviations from this contract will generate an extra charge to the contract amount.

Un-marked /Un-claimed oil line removal or obstruction.

All extra work will be charged on a “Time, materials and equipment” basis, and subject to 15% Profit a
nd Overhead unless otherwise agreed to in writing. Amounts not exceeding $5,000 will be due upon completion. Any authorizations for extra work must be in writing. If authorization is not made available in the field and J & L Constructors Inc.. must De-mobilize, there will be an additional move in cost and any other cost generated by these delays. These costs will be added to the contracted amount. No Retention allowance will be provided. New Utility boxes for Edison, Verizon, TV, Water, a nd sewer.

Any Sprinkler laterals, communication laterals under 1” J & L Constructors Inc. Is not responsible to repair or replace if damaged during excavation. Unless said repairs become change order items following a signed contract.

Additional Exclusions

1. Traffic control plan and or additional traffic control devices.

2. Survey (if required) by others.

3. Work site plan drawing showing the shape and size dimensions of new construction.

4. Additional Insured & Liability endorsement. If required fee’s (by others).

5. Origina
l Record drawing on MYLAR.

6. Asbestos cement pipe removal and disposal (If required) by others.

7. Plant materials

8. Buried rock section

14.J

9. Unmarked buried pipe of any kind.

DAMAGE
J & L Constructors Inc. is exempt from any cost to repair damages caused by acts of nature such as wind, storm, hail, fire, and freezing.

Vandalism and theft are considered other willful acts over which J & L Constructors Inc. has no control.

CALIFORNIA MECHANIC’S LIEN LAW
As required by the California mechanic’s Lien Law, J & L Constructors Inc. hereby notifies owner that persons or companies furnishing labor or Materials for the construction on owners land ma y have lien rights on owners land and buildings. Those entitled to lien rights, in addition to the undersigned builder, are those who contract directly with the owner or those who give the owner notice within 20 days after they first furnish labor or materials for the construction.

Accordingly, owner will receive notices from those who
furnish labor or materials for the construction, and should give a copy of each notice received to the mortga ge lender, if any, to see that all potential lien claimants are duly paid in full.

Mechanics lien prevents the owner from selling the property without first addressing the lien claimant’s payment.

NOTE: I/we authorize J & L Constructors Inc. to construct the above mentioned work and hereby agree to the payment schedule listed in “Payment Terms”. J & L Constructors Inc. will complete all above mentioned w ork per plan and/or the governing agencies standards. I/we understand by signing this “Proposal” that I/we are entering in to a contract with J & L Constructors Inc. and by law have the right to withdraw from this contract within three (3) days from date of signature.

Bryson William Miller Design Build Water Wells 15 & 16 Treatment Plant - CIP 5717

14.J

Scheidel Engineering
City of Hemet TCP GAC Design and Engineering Service
Estimated Level of Effort and Fee

TASK LEVEL OF EFFORT, HOURS FEE, DOLLARS

PRINC PROJ TECH PROJ CIVIL ELECTRICAL STRUCTURAL STAFF CAD ACCTG ADMIN TOTAL LABOR ODC SUB TOTAL CLIENT NO. DESCRIPTION MAN ADVISOR ENGR ENGR ENGR ENGR ENGR TECH MAN ASSIS LABOR TOTAL Client Billing Rates 285) 275) 295) 220) 220) 220) 220) 190) 165) 150) 120) 1) Project Management

1.1) Project Management (4) (32) (24) (16) (16) (92) (19,540) (977) - (20,517)

1.2) Project Kickoff Meeting and Three (3) Regulatory Review Meetings (30%, 60%, 90%) (16) (16) (16) (48) (11,440) (572) - (12,012)

1.3) One (1) Site Visit to Verify Construction Accessibility Issues (4) (4) (4) (4) (4) (4) (24) (5,380) (269) - (5,649)

1.4) Quality Assurance/Quality Control (4) (32) (8) (8) (4) (56) (14,580) (729) - (15,309) Subtotal 1 (8) (52) (32) (52) (28) (4) (4) (4) (0) (16) (20) (220) (50,940) (2,547) (0) (53,487) (53,500) 2) Preliminary Design/Economic Evaluation

2.1) Economic Evaluation (Capital, O&M, Life Cycle Analysis) (4) (24) (24) (24) (32) (108) (24,380) (1,219) - (25,599)

2.2) Opinion of Capital Cost (2) (2) (8) (8) (20) (4,640) (232) - (4,872)

2.2) 3D Rendering for City Council Approval (2) (4) (8) (16) (30) (5,590) (280) - (5,870)

2.4) City Presentation at 30% design (4) (4) (8) (1,980 ) (99) - (2,079)

2.5) Public Meeting with Council, Board, and Committee (4) (4) (8) (1,980 ) (99) - (2,079) Subtotal 1 (6) (26) (0) (32) (32) (0) (0) (32) (0) (0) (0) (128) (29,020) (1,451) (0) (30,471) (30,500) 3) Design Services

3.1) Utility Research (final copies of utility research letters and responses) (2) (4) (8) (4) (4) (8) (30) (6,390 ) (320) - (6,710)

3.2) Pothole for Utilities and Existing Subterranean Condition and Make Recommendations (Up to 6 Potholes) (2) (4) (4) (4) (4) (4) (22) (4,850 ) (243) (5,093)

3.3) Topographic Surveys and Mapping (Well 15 and Pipeline) (2) (2) (8) (4) (4) (8) (28) (5,840) (292) (6,132)

3.4) Geotechnical Investigation (Well 15 and Pipeline) (2) (2) (8) (4) (4) (20) (4,520) (226) (4,746)

3.5) 30% Construction Plan (17) (32) (20) (10) (7) (98) (155) (338) (63,950) (3,197) - (67,147)

3.6) 60% Construction Plan (22) (43) (27) (14) (9) (130) (206) (451) (85,266) (4,263) - (89,529)

3.7) 90% Construction Plan (11) (22) (14) (7) (4) (65) (103) (226) (42,633) (2,132) - (44,765)

3.8) 100% and Final Construction Plan (stamped and signed mylars, Auto-CAD drawing) (6) (11) (7) (3) (2) (33) (52) (113) (21,317 ) (1,066 ) - (22,382)

3.9) Engineering Specification (hard copy plus electronic copy) (2) (8) (16) (8) (8) (8) (16) (8) (74) (15,570) (779) - (16,349)

3.1) Buiding and Site Improvement Permits Assistance (2) (4) (8) (14) (3,430) (172) - (3,602) Subtotal 3 (12) (80) (0) (160) (92) (42) (30) (357) (535) (0) (8) (1,316 ) (253,765 ) (12,688 ) (0) (266,453 ) (266,500) 4) Engineering Service during Construction (As Needed)

4.1) Shop Drawing Review and RFI/RFC Response (Up to 24) (24) (24) (8) (8) (8) (24) (96) (21,720 ) (1,086 ) - (22,806)

4.2) Shop Drawing Review and RFI/RFC Response (Up to 16) (8) (8) (8) (8) (8) (8) (48) (10,760 ) (538) - (11,298)

4.3) Start-up Assistance As Needed (8) (16) (24) (5,720 ) (286) - (6,006)

4.4) DDW, DWR, and CORHD Permit Application Coordination and Assistance (8) (16) (16) (40) (8,760 ) (438) - (9,198)

4.5) Prepare Training Plan/Training Session and O&M Manual (8) (16) (32) (56) (11,800 ) (590) - (12,390)

4.6) Prepare As-built Drawing (4) (4) (8) (8) (8) (16) (32) (80) (15,580) (779) - (16,359) Subtotal 4 (0) (60) (0) (84) (24) (24) (24) (96) (32) (0) (0) (344) (74,340 ) (3,717 ) (0) (78,057 ) (78,100) TOTAL, hours (26) (223) (32) (334) (176) (70) (58) (493) (575) (16) (28) (2,031 ) (412,840 ) (20,642 ) (0) (433,482 ) (433,500) TOTAL NOT TO EXCEED, dollars (412,840) (20,642) (0) (433,482) (433,500)

14.J

PROJ PROJ CIVIL ELECTRICAL STRUCTURAL STAFF CAD
Well 15/16 TCP Removal Sheet Index MAN ENGR ENGR ENGR ENGR ENGR TECH No. Sheet Description Description 275) 220) 220) 220) 220) 190) 165) 1 General G-1 Title Sheet, List Drawing and Vicinity Map 1 1 1 2 ($ 1,015 ) $6,360 $1,272 Per Drawing 2 G-2 Legends, Symbols and Abbreviations 1 1 2 ($ 740 ) 3 G-3 General Notes 1 1 2 2 ($ 1,205 )
4 G-4 Process Flow Diagram 2 2 2 2 ($ 1,700 )
5 G-5 Hydraulic Profile 2 2 2 2 ($ 1,700 )
6 Civil C-1 Demolition, Existing Site, and Staging Plan 1 1 4 4 8 ($ 3,455 ) $73,170 $5,226.43 Per Drawing 7 C-2 Well 15 Key Map and Horizontal Control Plan 1 1 4 8 16 ($ 5,535 ) 8 C-3 Well 15 Yard Piping Plan 1 1 4 4 8 ($ 3,455 )
9 C-4 Well 15 Grading and Drainage Plan 1 1 4 8 16 ($ 5,535 ) 10 C-5 Well 16 Site Plan 1 1 4 4 8 ($ 3,455 )
11 C-6 Distribution Pipeline Plan and Profile I 1 1 8 16 16 ($ 7,935 ) 12 C-7 Distribution Pipeline Plan and Profile II 1 1 8 16 16 ($ 7,935 ) 13 C-8 Distribution Pipeline Plan and Profile III 1 1 8 16 16 ($ 7,935 ) 14 C-9 Distribution Pipeline Plan and Profile IV 1 1 8 16 16 ($ 7,935 ) 15 C-10 Pump to Waste Pipeline Plan and Profile 1 1 8 16 16 ($ 7,935 ) 16 C-11 Civil Details I 1 1 2 4 8 ($ 3,015 )
17 C-12 Civil Details II 1 1 2 4 8 ($ 3,015 )
18 C-13 Civil Details III 1 1 2 4 8 ($ 3,015 )
19 C-14 Civil Details IV 1 1 2 4 8 ($ 3,015 )
20 Structural S-1 General Note I 1 1 4 ($ 1,070 ) $25,260 $2,296.36 Per Drawing 21 S-2 General Note II 1 1 4 ($ 1,070 )
22 S-3 Well 15 Foundation and Subgrade Preparation 4 8 16 ($ 5,040 ) 23 S-4 Well 15 Structure Elevation and Section I 4 8 16 ($ 5,040 ) 24 S-6 Well 15 Site Wall Plan and Details 2 4 8 ($ 2,520 ) 25 S-7 Well 16 Metal Building Plan and Sections 2 4 8 ($ 2,520 ) 26 S-8 Standard Structural Details I 2 2 4 ($ 1,480 )
27 S-9 Standard Structural Details II 2 2 4 ($ 1,480 )
28 S-10 Structural Details I 2 4 8 ($ 2,520 )
29 S-11 Structural Details II 2 4 8 ($ 2,520 )
30 Mechanical M-1 Mechanical Legends and Abbreviations 1 1 2 ($ 740 ) $52,050 $6,506 Per Drawing 31 M-2 Well 15 Mechanical Plan 2 8 8 16 ($ 6,470 )
32 M-3 Well 15 Mechanical Section I 2 8 8 16 ($ 6,470 ) 33 M-4 Well 15 Mechanical Section II 2 8 8 16 ($ 6,470 ) 34 M-5 Well 15 Mechanical Section/Isometric View 2 4 8 16 ($ 5,590 ) 35 M-6 Well 15 Equipment, Valve, and Piping Schedule 2 8 8 16 ($ 6,470 ) 36 M-7 Well 16 Mechanical Plan 2 4 8 16 ($ 5,590 )
37 M-8 Well 16 Mechanical Section I 2 4 8 16 ($ 5,590 ) 38 M-9 Well 16 Equipment, Valve, and Piping Schedule 2 4 8 16 ($ 5,590 ) 39 M-10 Mechanical Details I 1 1 2 4 ($ 1,535 )
40 M-11 Mechanical Details II 1 1 2 4 ($ 1,535 )
41 Electrical E-1 Electrical Legends and Abbreviations 1 1 2 ($ 740 ) $41,220 $3,170.77 Per Drawing 42 E-2 Well 15 Electrical Single Line Diagram and Load Calculation 1 2 4 8 8 ($ 4,435 ) 43 E-3 Well 15 Electrical Site Plan 1 2 4 8 8 ($ 4,435 ) 44 E-4 Well 15 Electrical Conduit/Wire Schedule 1 2 4 8 8 ($ 4,435 ) 45 E-5 Well 15 Electrical Control Diagram/PLC Panel Elevation 1 2 4 8 8 ($ 4,435 ) 46 E-6 Well 15 Electrical Lightling Plan 1 2 4 8 8 ($ 4,435 ) 47 E-7 Well 16 Electrical Single Line Diagram and Load Calculation 1 2 2 4 6 ($ 2,905 ) 48 E-8 Well 16 Electrical Site Plan 1 2 2 4 6 ($ 2,905 ) 49 E-9 Well 16 Electrical Conduit/Wire Schedule 1 2 2 4 6 ($ 2,905 ) 50 E-10 Well 15 Electrical Control Diagram/PLC Panel Elevation 1 2 2 4 6 ($ 2,905 ) 51 E-11 Well 16 Electrical Lightling Plan 1 2 2 4 6 ($ 2,905 ) 52 E-12 Electrical Details I 1 2 4 ($ 1,260 )
53 E-13 Electrical Details II 1 2 4 ($ 1,260 )
54 E-14 Electrical Details III 1 2 4 ($ 1,260 )
55 Process and Instrumentation I-1 Process and Instrumentation Legends and Abbreviations 1 1 ($ 355 ) $15,105 $3,776.25 Per Drawing 56 I-2 Process and Instrumentation Well 15 GAC 2 4 4 8 ($ 3,510 ) 57 I-3 Process and Instrumentation Well 15 Chlorination 2 4 4 8 ($ 3,510 ) 58 I-4 Process and Instrumentation Well 16 2 4 4 8 ($ 3,510 ) 59 I-5 Process and Instrumentation Well 16 Chlorination 2 4 4 8 ($ 3,510 ) 60 I-6 Process and Instrumentation Details 2 2 ($ 710 ) 56 108 68 34 22 325 515 ($ 213,165)
30% Design Package 17 32 20 10 7 98 155 ($ 63,950)
60% Design Package 22 43 27 14 9 130 206 ($ 85,266)
90% Design Package 11 22 14 7 4 65 103 ($ 42,633)
100% Design Package 6 11 7 3 2 33 52 ($ 21,317)

14.J

DIVISION 01 - GENERAL REQUIREMENTS
01060 SPECIAL CONDITIONS
01070 STANDARD ABBREVIATIONS AND SYMBOLS
01320 CONSTRUCTION PROGRESS SCHEDULE
01340 SUBMITTALS
01560 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS
01600 PRODUCT DELIVERY, STORAGE, AND HANDLING
01601 JOB CONDITIONS
01640 PRODUCT SUBSTITUTIONS
01650 FACILITY START-UP
01710 CLEANING
01720 RECORD DOCUMENTS
01800 OPENINGS AND PENETRATIONS IN CONSTRUCTION
01900 SEISMIC REQUIREMENTS
DIVISION 02 - SITE WORK
02110 SITE CLEARING
02200 EARTHWORK
02221 TRENCHING, BACKFILLING, AND COMPACTING FOR UTILITIES 02260 TOPSOILING AND FINISHED GRADING
02423 STORM DRAINAGE SYSTEM
02513 ASPHALTIC CONCRETE VEHICULAR PAVING
02515 PRECAST CONCRETE STRUCTURES
02528 CONCRETE CURB AND GUTTER
02529 CONCRETE SIDEWALK AND STEPS
DIVISION 03 - CONCRETE
03108 FORMWORK
03208 REINFORCEMENT
03308 CONCRETE, MATERIALS AND PROPORTIONING
03311 CONCRETE MIXING, PLACING, JOINTING, AND CURING
03348 CONCRETE FINISHING AND REPAIR OF SURFACE DEFECTS
03350 TESTING
DIVISION 04 - MASONRY
04050 COLD AND HOT WEATHER MASONRY CONSTRUCTION
04110 CEMENT AND LIME MORTARS
04155 MASONRY ACCESSORIES
04220 CONCRETE MASONRY
04510 MASONRY CLEANING
DIVISION 05 - METALS
05120 STRUCTURAL STEEL
05505 METAL FABRICATIONS
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07900 JOINT SEALANTS
DIVISION 09 - FINISHES
09905 PAINTING AND PROTECTIVE COATINGS
DIVISION 10 - SPECIALTIES
10400 IDENTIFICATION DEVICES
10444 SIGNAGE
10950 MISCELLANEOUS SPECIALTIES
DIVISION 11 - EQUIPMENT
11005 EQUIPMENT: BASIC REQUIREMENTS
11020 EQUIPMENT: VERTICAL TURBINE PUMP
11060 GAC ASORPTION SYSTEM
DIVISION 13 - SPECIAL CONSTRUCTION
13226 CHECMICAL TANK AND INJECTION SYSTEM
13442 PRIMARY ELEMENTS AND TRANSMITTERS
DIVISION 15 - MECHANICAL
15060 PIPE AND PIPE FITTINGS: BASIC REQUIREMENTS
15061 PIPE: STEEL
15062 PIPE: DUCTILE
15063 PIPE: COPPER
15064 PIPE: PLASTIC
15066 STAINLESS STEEL PIPE
15090 PIPE SUPPORT SYSTEMS
15100 VALVES: BASIC REQURIEMENTS
15103 BUTTERFLY VALVES
15104 BALL VALVES
15114 MISCELLANEOUS VALVES
DIVISION 16 - ELECTRICAL
16010 ELECTRICAL: BASIC REQUIREMENTS
16060 GROUNDING
16080 ACCEPTANCE TESTING
16120 WIRE AND CABLE
16140 WIRING DEVICES
16500 INTERIOR AND EXTERIOR LIGHTING

14.J

Dudek Project Budget Created 10/9/20241:57:08 PM Page 1 of

DUDEK FEE ESTIMATE
10/04/2024
Dudek Labor Hours and Rates Subconsultant Fees
Project Team Role: Sr. Hydrogeologist I/Engineer I
TOTAL
DUDEK
HOURS

DUDEK LABOR
COSTS
General Services

OTHER DIRECT

COSTS TOTAL FEE
Team Member: Hugh McManus
Pump Contractor (BEST

DRILLING AND PUMP)
Billable Rate: $225.00 Fee Travel one way
Task 18.1 Pump Removal 55 55 $12,375.00 $30,294.00 $997.60 $43,666.60 90 miles Task 18.2 Video and Electromagnetic Survey 45 45 $3,025.00 $16,060.00 $417.60 $19,502.60 2.25 hours Task 18.3 Brush and Bail 60 60 $2,475.00 $13,134.00 $1,397.60 $17,006.60 Task 18.4 Disinfection 16 16 $3,300.00 $13,728.00 $417.60 $17,445.60 per diem meal 90 86 Total Hours 176 176 per diem lodging 200 186
Total $39,600.00 $21,175.00 $73,216.00 $3,230.40 $97,621.40 Travel @0.66 59.4 Optional Services
Task 18.5 Pre- and Post-Testing 145 145 $32,625.00 $2,856.40 $35,481.40 Task 18.6 Post-Video Survey 8 8 $1,800.00 $5,060.00 $417.60 $7,277.60 Task 18.7 Well Equipping 25 25 $5,625.00 $228,085.00 $233,710.00 Total Optional + Base Hours and Fee 354 354 $61,225.00 $306,361.00 $6,504.40 $374,090.40

14.J

Dudek Project Budget Created 10/9/20241:57:08 PM Page 2 of Subconsultant Costs
Task Sub. Name Description of Services Hours Cost
1 - Pump Removal Pump Contractor General Services 0 $0.00

14.J

Dudek Project Budget Created 10/9/20241:57:08 PM Page 3 of Budget Summary:

Labor Subs ODCs TOTAL
Task Name Hours Direct Overhead % OH RateBilled Profit Profit % Multiplier Direct Billed Profit % MarkupDirect Billed Not Billed Profit % MarkupDirect LaborOverhead % OH RateDirect CostProfit Profit % Tax Tax % Total RevenueEffective Multiplier Required Tasks
Task 1 Pump Removal 0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00 Task 2 Video and Electromagnetic Survey0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00 Task 3 Brush and Bail 0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00 Task 4 Disinfection 0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00 Subtotal - Required Tasks 0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00 Optional Tasks
Task 5 Pre- and Post-Testing0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00 Task 6 Post-Testing 0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00 Task 7 Post-Video Survey0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00 Subtotal - Optional Tasks 0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00 GRAND TOTAL 0 $0.00 $0.00 169% $0.00 $0.00 0% 0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 $0.00 $0.00 15% $0.00 $0.00 169% $0.00 $0.00 0 $0.00 0% $0.00 0.00

14.J

Dudek Project Budget Created 10/9/20241:57:08 PM Page 4 of Phase Number Subphase Number Phase Name Phase/Subphase Manager NameDiscipline Office Billing Type Labor Total Subconsultant Total Expenses Total Phase/Subphase Total 1 Pump Removal $0.00 $0.00 $0.00 $0.00
2 Video and Electromagnetic Survey $0.00 $0.00 $0.00 $0.00 3 Brush and Bail $0.00 $0.00 $0.00 $0.00
4 Disinfection $0.00 $0.00 $0.00 $0.00
5 Pre- and Post-Testing $0.00 $0.00 $0.00 $0.00
6 Post-Testing $0.00 $0.00 $0.00 $0.00
7 Post-Video Survey $0.00 $0.00 $0.00 $0.00
Total: $0.00 $0.00 $0.00 $0.00

14.J

Description Design Fee Notes
Preliminary Design and Management (94,000) Required to be completed and can't be divided Well 15 Design ($ 138,449 ) Includes treatment
Well 16 and Pipeline Design ($ 128,814 )
ESDC Well 15 ($ 39,050 )
ESDC Well 16 and Pipeline ($ 39,050 )
(439,363)
Well 15 Rehab ($ 235,856 )
Well 16 Rehab ($ 235,856 )
Total Well 15 and Treatment ($ 507,354.90)
Total Well 16 and Pipeline ($ 497,719.90)
Total project if combined ($ 911,074.80)

14.J

Scheidel Engineering
City of Hemet TCP GAC Design and Engineering Service
Estimated Level of Effort and Fee

TASK LEVEL OF EFFORT, HOURS

PRINC PROJ TECH
NO. DESCRIPTION MAN ADVISOR
Client Billing Rates 285) 275) 295)
1) Project Management

1.1) Project Management (4) (32)

1.2) Project Kickoff Meeting and Three (3) Regulatory Review Meetings (30%, 60%, 90%) (16)

1.3) One (1) Site Visit to Verify Construction Accessibility Issues (4)

1.4) Quality Assurance/Quality Control (4) (32)
Subtotal 1 (8) (52) (32)
2) Preliminary Design/Economic Evaluation

2.1) Economic Evaluation (Capital, O&M, Life Cycle Analysis) (4) (24)

2.2) Opinion of Capital Cost (2) (2)

2.2) 3D Rendering for City Council Approval (2)

2.4) City Presentation at 30% design (4)

2.5) Public Meeting with Council, Board, and Committee (4) Subtotal 2 (6) (26) (0)
3) Design Services

3.1) Utility Research (final copies of utility research letters and responses) (2) (4)

3.2) Pothole for Utilities and Existing Subterranean Condition and Make Recommendations (Up to 6 Potholes) (2) (4)

3.3) Topographic Surveys and Mapping (Well 15 and Pipeline) (2) (2)

3.4) Geotechnical Investigation (Well 15 and Pipeline) (2) (2)

3.5) 30% Construction Plan (17)

3.6) 60% Construction Plan (22)

3.7) 90% Construction Plan (11)

3.8) 100% and Final Construction Plan (stamped and signed mylars, Auto-CAD drawing) (6)

3.9) Engineering Specification (hard copy plus electronic copy) (2) (8)

3.1) Buiding and Site Improvement Permits Assistance (2) (4) Subtotal 3 (12) (80) (0)
4) Engineering Service during Construction (As Needed)

4.1) Shop Drawing Review and RFI/RFC Response (Up to 24) (24)

14.J

4.2) Shop Drawing Review and RFI/RFC Response (Up to 16) (8)

4.3) Start-up Assistance As Needed (8)

4.4) DDW, DWR, and CORHD Permit Application Coordination and Assistance (8)

4.5) Prepare Training Plan/Training Session and O&M Manual (8)

4.6) Prepare As-built Drawing (4)
Subtotal 4 (0) (60) (0)
TOTAL, hours (26) (223) (32)
TOTAL NOT TO EXCEED, dollars

14.J

Scheidel Engineering
City of Hemet TCP GAC Design and Engineering Service
Estimated Level of Effort and Fee

LEVEL OF EFFORT, HOURS

PROJ CIVIL ELECTRICAL STRUCTURAL STAFF CAD ACCTG ADMIN TOTAL

ENGR ENGR ENGR ENGR ENGR TECH MAN ASSIS LABOR
220) 220) 220) 220) 190) 165) 150) 120)
(24) (16) (16) (92)
(16) (16) (48)
(4) (4) (4) (4) (4) (24)
(8) (8) (4) (56)
(52) (28) (4) (4) (4) (0) (16) (20) (220)
(24) (24) (32) (108)
(8) (8) (20)
(4) (8) (16) (30)
(4) (8)
(4) (8)
(32) (32) (0) (0) (32) (0) (0) (0) (128)
(8) (4) (4) (8) (30)
(4) (4) (4) (4) (22)
(8) (4) (4) (8) (28)
(8) (4) (4) (20)
(32) (20) (10) (7) (98) (155) (338)
(43) (27) (14) (9) (130) (206) (451)
(22) (14) (7) (4) (65) (103) (226)
(11) (7) (3) (2) (33) (52) (113)
(16) (8) (8) (8) (16) (8) (74)
(8) (14)
(160) (92) (42) (30) (357) (535) (0) (8) (1,316 )
(24) (8) (8) (8) (24) (96)

14.J

(8) (8) (8) (8) (8) (48)
(16) (24)
(16) (16) (40)
(16) (32) (56)
(4) (8) (8) (8) (16) (32) (80)
(84) (24) (24) (24) (96) (32) (0) (0) (344)
(334) (176) (70) (58) (493) (575) (16) (28) (2,031 )

14.J

Scheidel Engineering
City of Hemet TCP GAC Design and Engineering Service
Estimated Level of Effort and Fee

FEE, DOLLARS

LABOR ODC SUB TOTAL CLIENT
TOTAL
(19,540) (977) - (20,517)
(11,440) (572) - (12,012)
(5,380) (269) - (5,649)
(14,580) (729) - (15,309)
(50,940) (2,547) (0) (53,487) (53,500)
(24,380) (1,219) - (25,599)
(4,640) (232) - (4,872)
(5,590) (280) - (5,870)
(1,980) (99) - (2,079)
(1,980) (99) - (2,079)
(29,020) (1,451) (0) (40,499) (40,500)
(6,390) (320) - (6,710)
(4,850) (243) (5,093)
(5,840) (292) (6,132)
(4,520) (226) (4,746)
(63,950) (3,197) - (67,147)
(85,266) (4,263) - (89,529)
(42,633) (2,132) - (44,765)
(21,317) (1,066 ) - (22,382)
(15,570) (779) - (16,349)
(3,430) (172) - (3,602)
(253,765) (12,688 ) (0) (266,453 ) (266,500)
(21,720) (1,086 ) - (22,806)

14.J

(10,760) (538) - (11,298)
(5,720) (286) - (6,006)
(8,760) (438) - (9,198)
(11,800) (590) - (12,390)
(15,580) (779) - (16,359)
(74,340) (3,717 ) (0) (78,057 ) (78,100)
(412,840) (20,642 ) (0) (438,496 ) (438,500)
(412,840) (20,642) (0) (438,496) (438,500)

14.J

PROJ PROJ CIVIL
Well 15/16 TCP Removal Sheet Index MAN ENGR ENGR
No. Sheet Description Description 275) 220) 220)
1 General G-1 Title Sheet, List Drawing and Vicinity Map 1 1 2 G-2 Legends, Symbols and Abbreviations 1
3 G-3 General Notes 1 1
4 G-4 Process Flow Diagram 2 2
5 G-5 Hydraulic Profile 2 2
6 Civil C-1 Demolition, Existing Site, and Staging Plan 1 1 4 7 C-2 Well 15 Key Map and Horizontal Control Plan 1 1 4 8 C-3 Well 15 Yard Piping Plan 1 1 4
9 C-4 Well 15 Grading and Drainage Plan 1 1 4
10 C-5 Well 16 Site Plan 1 1 4
11 C-6 Distribution Pipeline Plan and Profile I 1 1 8
12 C-7 Distribution Pipeline Plan and Profile II 1 1 8
13 C-8 Distribution Pipeline Plan and Profile III 1 1 8 14 C-9 Distribution Pipeline Plan and Profile IV 1 1 8
15 C-10 Pump to Waste Pipeline Plan and Profile 1 1 8
16 C-11 Civil Details I 1 1 2
17 C-12 Civil Details II 1 1 2
18 C-13 Civil Details III 1 1 2
19 C-14 Civil Details IV 1 1 2
20 Structural S-1 General Note I
21 S-2 General Note II
22 S-3 Well 15 Foundation and Subgrade Preparation
23 S-4 Well 15 Structure Elevation and Section I
24 S-6 Well 15 Site Wall Plan and Details
25 S-7 Well 16 Metal Building Plan and Sections
26 S-8 Standard Structural Details I
27 S-9 Standard Structural Details II
28 S-10 Structural Details I
29 S-11 Structural Details II

14.J

30 Mechanical M-1 Mechanical Legends and Abbreviations 1 31 M-2 Well 15 Mechanical Plan 2 8
32 M-3 Well 15 Mechanical Section I 2 8
33 M-4 Well 15 Mechanical Section II 2 8
34 M-5 Well 15 Mechanical Section/Isometric View 2 4
35 M-6 Well 15 Equipment, Valve, and Piping Schedule 2 8 36 M-7 Well 16 Mechanical Plan 2 4
37 M-8 Well 16 Mechanical Section I 2 4
38 M-9 Well 16 Equipment, Valve, and Piping Schedule 2 4 39 M-10 Mechanical Details I 1 1
40 M-11 Mechanical Details II 1 1
41 Electrical E-1 Electrical Legends and Abbreviations
42 E-2 Well 15 Electrical Single Line Diagram and Load Calculation 1 2 43 E-3 Well 15 Electrical Site Plan 1 2
44 E-4 Well 15 Electrical Conduit/Wire Schedule 1 2
45 E-5 Well 15 Electrical Control Diagram/PLC Panel Elevation 1 2 46 E-6 Well 15 Electrical Lightling Plan 1 2
47 E-7 Well 16 Electrical Single Line Diagram and Load Calculation 1 2 48 E-8 Well 16 Electrical Site Plan 1 2
49 E-9 Well 16 Electrical Conduit/Wire Schedule 1 2
50 E-10 Well 15 Electrical Control Diagram/PLC Panel Elevation 1 2 51 E-11 Well 16 Electrical Lightling Plan 1 2
52 E-12 Electrical Details I
53 E-13 Electrical Details II
54 E-14 Electrical Details III
55 Process and Instrumentation I-1 Process and Instrumentation Legends and Abbreviations 56 I-2 Process and Instrumentation Well 15 GAC 2 4
57 I-3 Process and Instrumentation Well 15 Chlorination 2 4 58 I-4 Process and Instrumentation Well 16 2 4
59 I-5 Process and Instrumentation Well 16 Chlorination 2 4 60 I-6 Process and Instrumentation Details

14.J

56 108 68
30% Design Package 17 32 20
60% Design Package 22 43 27
90% Design Package 11 22 14
100% Design Package 6 11 7

14.J

ELECTRICAL STRUCTURAL STAFF CAD

ENGR ENGR ENGR TECH
220) 220) 190) 165)
1 2 ($ 1,015 ) $6,360 $1,272 Per Drawing
1 2 ($ 740 )
2 2 ($ 1,205 )
2 2 ($ 1,700 )
2 2 ($ 1,700 )
4 8 ($ 3,455 ) $73,170 $5,226.43 Per Drawing
8 16 ($ 5,535 )
4 8 ($ 3,455 )
8 16 ($ 5,535 )
4 8 ($ 3,455 )
16 16 ($ 7,935 )
16 16 ($ 7,935 )
16 16 ($ 7,935 )
16 16 ($ 7,935 )
16 16 ($ 7,935 )
4 8 ($ 3,015 )
4 8 ($ 3,015 )
4 8 ($ 3,015 )
4 8 ($ 3,015 )
1 1 4 ($ 1,070 ) $25,260 $2,296.36 Per Drawing
1 1 4 ($ 1,070 )
4 8 16 ($ 5,040 )
4 8 16 ($ 5,040 )
2 4 8 ($ 2,520 )
2 4 8 ($ 2,520 )
2 2 4 ($ 1,480 )
2 2 4 ($ 1,480 )
2 4 8 ($ 2,520 )
2 4 8 ($ 2,520 )

14.J

1 2 ($ 740 ) $52,050 $6,506 Per Drawing
8 16 ($ 6,470 )
8 16 ($ 6,470 )
8 16 ($ 6,470 )
8 16 ($ 5,590 )
8 16 ($ 6,470 )
8 16 ($ 5,590 )
8 16 ($ 5,590 )
8 16 ($ 5,590 )
2 4 ($ 1,535 )
2 4 ($ 1,535 )
1 1 2 ($ 740 ) $41,220 $3,170.77 Per Drawing
4 8 8 ($ 4,435 )
4 8 8 ($ 4,435 )
4 8 8 ($ 4,435 )
4 8 8 ($ 4,435 )
4 8 8 ($ 4,435 )
2 4 6 ($ 2,905 )
2 4 6 ($ 2,905 )
2 4 6 ($ 2,905 )
2 4 6 ($ 2,905 )
2 4 6 ($ 2,905 )
1 2 4 ($ 1,260 )
1 2 4 ($ 1,260 )
1 2 4 ($ 1,260 )
1 1 ($ 355 ) $15,105 $3,776.25 Per Drawing
4 8 ($ 3,510 )
4 8 ($ 3,510 )
4 8 ($ 3,510 )
4 8 ($ 3,510 )
2 2 ($ 710 )

14.J

34 22 325 515 ($ 213,165)
10 7 98 155 ($ 63,950)
14 9 130 206 ($ 85,266)
7 4 65 103 ($ 42,633)
3 2 33 52 ($ 21,317)

14.J

DIVISION 01 - GENERAL REQUIREMENTS
01060 SPECIAL CONDITIONS
01070 STANDARD ABBREVIATIONS AND SYMBOLS
01320 CONSTRUCTION PROGRESS SCHEDULE
01340 SUBMITTALS
01560 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS
01600 PRODUCT DELIVERY, STORAGE, AND HANDLING
01601 JOB CONDITIONS
01640 PRODUCT SUBSTITUTIONS
01650 FACILITY START-UP
01710 CLEANING
01720 RECORD DOCUMENTS
01800 OPENINGS AND PENETRATIONS IN CONSTRUCTION
01900 SEISMIC REQUIREMENTS
DIVISION 02 - SITE WORK
02110 SITE CLEARING
02200 EARTHWORK
02221 TRENCHING, BACKFILLING, AND COMPACTING FOR UTILITIES 02260 TOPSOILING AND FINISHED GRADING
02423 STORM DRAINAGE SYSTEM
02513 ASPHALTIC CONCRETE VEHICULAR PAVING
02515 PRECAST CONCRETE STRUCTURES
02528 CONCRETE CURB AND GUTTER
02529 CONCRETE SIDEWALK AND STEPS
DIVISION 03 - CONCRETE
03108 FORMWORK
03208 REINFORCEMENT
03308 CONCRETE, MATERIALS AND PROPORTIONING
03311 CONCRETE MIXING, PLACING, JOINTING, AND CURING
03348 CONCRETE FINISHING AND REPAIR OF SURFACE DEFECTS
03350 TESTING
DIVISION 04 - MASONRY

14.J

04050 COLD AND HOT WEATHER MASONRY CONSTRUCTION
04110 CEMENT AND LIME MORTARS
04155 MASONRY ACCESSORIES
04220 CONCRETE MASONRY
04510 MASONRY CLEANING
DIVISION 05 - METALS
05120 STRUCTURAL STEEL
05505 METAL FABRICATIONS
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07900 JOINT SEALANTS
DIVISION 09 - FINISHES
09905 PAINTING AND PROTECTIVE COATINGS
DIVISION 10 - SPECIALTIES
10400 IDENTIFICATION DEVICES
10444 SIGNAGE
10950 MISCELLANEOUS SPECIALTIES
DIVISION 11 - EQUIPMENT
11005 EQUIPMENT: BASIC REQUIREMENTS
11020 EQUIPMENT: VERTICAL TURBINE PUMP
11060 GAC ASORPTION SYSTEM
DIVISION 13 - SPECIAL CONSTRUCTION
13226 CHECMICAL TANK AND INJECTION SYSTEM
13442 PRIMARY ELEMENTS AND TRANSMITTERS
DIVISION 15 - MECHANICAL
15060 PIPE AND PIPE FITTINGS: BASIC REQUIREMENTS
15061 PIPE: STEEL
15062 PIPE: DUCTILE
15063 PIPE: COPPER
15064 PIPE: PLASTIC
15066 STAINLESS STEEL PIPE
15090 PIPE SUPPORT SYSTEMS

14.J

15100 VALVES: BASIC REQURIEMENTS
15103 BUTTERFLY VALVES
15104 BALL VALVES
15114 MISCELLANEOUS VALVES
DIVISION 16 - ELECTRICAL
16010 ELECTRICAL: BASIC REQUIREMENTS
16060 GROUNDING
16080 ACCEPTANCE TESTING
16120 WIRE AND CABLE
16140 WIRING DEVICES
16500 INTERIOR AND EXTERIOR LIGHTING

14.J

DESIGN-BUILD CONTRACT
By and Between
The City of Hemet,
a California municipal corporation
and
Pacific Hydrotech Corporation
a California corporation
CONTRACT # 2025-059

14.J

2 Project No. 5717

THE CITY OF HEMET

DESIGN-BUILD CONTRACT
Project: CIP NO. 5717, WATER WELLS 15 & 16 TREATMENT PLANT This Design-Build Contract (“Contract”) is made and entered into for the above referenced Project by and between the City of Hemet (“City”), and Pacific Hydrotech Corporation(“Design-Builder”) State Contractor's License No. 518355 on the 11 th day of December, 2024. For the purposes of this Contract City and Design-Builder are sometimes referred to as (“Party”) and hereinafter collectively referred to as the (“Parties”).

RECITALS:

1. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.

2. Design-Builder is a corporation duly organized and in good stating in the State of California, Design-Builder represents that is duly registered with the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Contract.

3. City and Design-Builder desire to enter into this Contract to provide the Design-Build Services for the above referenced Project and other such services as identified in the Contract Documents for the Project upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, City and Design-Builder have mutually agreed as follows:

SECTION 1. INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals. All of the recitals are substantive parts of this Contract and are hereby incorporated by reference.

1.2 Definitions. Capitalized terms shall have the meanings set forth in the Request for Proposal (“RFP”), this Contract and/or in the General Conditions. If there is a conflict between the definitions in the RFP, this Contract or in the General Conditions, the definitions in this Contract shall prevail.

14.J

3 Project No. 5717
SECTION 2. THE PROJECT. The Project is the Water Wells 15 & 16 Treatment Plant, as identified in the Contract Documents.

SECTION 3. CONTRACT PRICE.

3.1 City hereby agrees to pay and the Design-Builder agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference.

Payments to the Design-Builder shall be made in the manner described in the Special Provisions.

3.2 The Contract Price shall be full compensation to Design-Builder for all Design-Build Services provided by Design-Builder and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all losses arising out of the nature of the Design-Build Services or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Design-Build Services until its acceptance by City, all risks connected with the Design-Build Services, and any and all expenses incurred due to suspension or discontinuance of the Design-Build Services, except as expressly provided herein. The Contract Price may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents.

SECTION 4. TERM OF CONTRACT.

The Term of this Contract shall commence upon execution by both Parties and the Work shall be commenced on the date stated in the City’s Notice to Proceed. Work shall be completed as specified in the Contract Documents subject to additions or deductions to the contract time as provided in the Contract Documents.

SECTION 5. CHANGES TO THE CONTRACT PRICE.

The Parties estimate that performance under this Contract will not exceed the Contract Price. Design-Builder shall not be compensated for any extra materials used or time expended over and above the Contract Price, unless prior written approval for the same has been granted by the City.

SECTION 6. DESIGN-BUILDER’S DUTIES.

6.1 Relationship of Trust and Confidence. Design-Builder accepts the relationship of trust and confidence established between it and City by this Contract. Design-Builder agrees to furnish the Design-Build Services necessary for the design and completion of the Project and agrees to furnish efficient business administration and superintendence, and to use its best efforts to complete the Project in the best and soundest way and in the most efficient and

14.J

4 Project No. 5717
economical manner consistent with the best interest of City.

6.1.1 Design-Builder represents that it is an independent Design-Builder and that it is familiar with the type of Design-Build Services it is undertaking.

6.1.2 Neither Design-Builder nor any of its agents or employees shall act on behalf of or in the name of City unless authorized in writing by City’s Representative.

6.1.3 Design-Builder shall perform its obligations with integrity, ensuring at a minimum that conflicts of interest, including but not limited to conflicts of interests on the part of the Design Professionals employed by Design-Builder, shall be avoided.

6.2 Scope of Services. Design-Builder shall be responsible for procuring or providing the Design-Build Services for the Project consistent with the Contract Documents. Design-Builder shall exercise reasonable skill and judgment in the procurement and provision of the Design- Build Services, consistent with the applicable industry practices and the terms and conditions of the Contract Documents.

6.3 Design Services.

6.3.1 Architectural and Engineering Services. Architectural and engineering services must be provided by licensed, independent Design Professionals retained by Design-Builder or by licensed employees of Design-Builder, or as permitted by the law of the State of California. Design-Builder may not engage the services of any Design Professional for this Project without obtaining the City’s prior written approval, which approval will not be unreasonably withheld.

City’s approval will not be deemed to create any contractual relationship between City and any such Design Professional, except that the City must be considered a third-party beneficiary of such Design Professional’s services for the Project. Design-Builder must bind its Design Professionals in the same manner as Design-Builder is bound to the City under this Contract, including, but not limited to, the insurance and indemnity requirements set forth herein. All Design Services must be guided by the Design Documents which are approved by City.

6.3.2 Project Schedule. Within fourteen (14) days following full execution of the Contract, Design-Builder must prepare and submit for City’s review and approval a preliminary Project Schedule showing the timing and sequencing of the Design-Build Services required to complete the Project. Unless otherwise specified by City, the preliminary Project Schedule should include the major

14.J

5 Project No. 5717
phases for the Design Services and for the Construction Services, including, but not limited to, completion of Design Development Documents; Construction Documents; procurement of Subcontractors; construction; final close out; as well as any other milestones applicable to this Project. The Project Schedule shall be updated for City’s review and approval upon completion of each milestone included in the Project Schedule.

6.3.3 Design Development Documents. Within twenty (20) days following execution of the Contract, Design-Builder shall prepare and submit for City’s review and approval the Design Development Documents. The Design Development Documents shall include, as applicable, plans, sections and elevations; criteria and sizing of major components; equipment sizes and capacities and approximate layouts, including required spaces and clearances; typical details; materials selections and general quality levels. When submitting the Design Development Documents, the Design-Builder shall identify in writing, for City’s approval, all material changes and deviations that have taken place since approval of the Project Schedule. Two printed sets and one reproducible set of Design Development Documents must be provided to the City.

6.3.4 Within fourteen (14) days following City’s approval of the Design Development Documents, Design-Builder must prepare and submit for City’s review and approval, Construction Documents setting forth in detail the quality levels of and the requirements for construction of the Project, and consisting of drawings and specifications that comply with applicable codes, laws, and regulations in effect at the time of their preparation at the location of the Project. The Construction Documents must also include all necessary bid and contract documents for procuring and providing the Construction Services, all of which are subject to approval by City and its legal counsel. When submitting the Construction Documents, the Design-Builder shall identify in writing all for City’s approval, all material changes and deviations that have taken place since approval of the Design Development Documents and Project Schedule. Two printed sets and one reproducible set of Construction Documents must be provided to the City.

6.3.5 Ownership of Documents.

6.3.5.1 Ownership of Tangible Documents. City shall receive ownership of the property rights, except for copyrights, of all documents, drawings, specifications, electronic data and information prepared, provided or procured by Design- Builder, as part of the Design Services.

14.J

6 Project No. 5717

6.3.5.2 Use of Documents in Event of Termination. In the event of a termination of this Contract, City shall have the right to use, to reproduce, and to make derivative works of the Design Documents to complete the Project, regardless of whether there has been a transfer of copyright to City.

6.3.5.3 City’s Use of Documents After Completion of Project. After completion of the Project, City may reuse, reproduce or make derivative works from the Design Documents solely for the purposes of maintaining, renovating, remodeling or expanding the Project.

6.3.5.4 Design-Builder shall obtain from its Subcontractors and Design Professionals rights and rights of use that correspond to the rights given by Design-Builder to City in this Contract and Design-Builder shall provide evidence that such rights have been secured.

6.4 Construction Services.

6.4.1 The Design-Builder agrees to do all the Work in connection with the Water Wells 15 & 16 Treatment Plant, CIP No. 5717 to be constructed in the City of Hemet, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the scope of work, including but not limited to this Contract, approved Change Orders, Request for Proposals, Bidder’s Proposal and Information Required for Proposal Submittal, Addenda and/or Bulletins, plans, Provisions (Specifications), General Conditions, General Provisions, Greenbook 2024 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of design, labor, service, materials and equipment hereinafter referred to as the “Work”).

6.4.2 Design-Builder must, at all times, ensure that the Work performed is in a good workmanlike manner and in full compliance with the Contract Documents and according to any and all applicable best practices to the satisfaction of the City.

6.4.2.1 The term Contract Documents shall mean this Contract, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the City with respect thereto. City must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which City’s consent has been issued. Any revisions to the scope of

14.J

7 Project No. 5717
Work for which City’s written consent has not provided shall be null and void and done at the risk and sole expense of the Design-Builder.

6.4.3 Design-Builder is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Design-Builder is solely responsible for, and required to exercise full control over, construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work, except to the extent that the Contract Documents provide other specific instructions.

6.4.4 Design-Builder shall provide sufficient and competent Subcontractors, administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents.

6.4.5 Design-Builder shall, at all times during performance of the Work, provide a qualified full-time superintendent, acceptable to City, and assistants, as necessary, who must be physically present at the Project site while any aspect of the Work is being performed.

6.4.6 Design-Builder is solely responsible to City for the acts or omissions of any party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Design-Builder or its Subcontractors.

6.4.7 Design-Builder shall promptly correct, at Design-Builder’s sole expense, any Work that is deficient or defective in workmanship, materials, and equipment.

6.4.8 Design-Builder shall keep such full and detailed accounts as may be necessary for proper financial management under this Contract. City shall be afforded access to all Design-Builder's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to Change Order work performed on the basis of actual cost. Design- Builder shall preserve all such records for a period of four (4) years after the Final Payment or longer where required by law.

6.4.9 Design-Builder shall provide periodic written reports to City on the progress of the Work in such detail as is required by City and as agreed to by City and Design-Builder.

6.5 Subcontractors.

6.5.1 All Work which is not performed by Design-Builder with its own duly licensed forces shall be performed by duly licensed Subcontractors. Design-Builder must provide each Subcontractor with a complete set of the Construction Documents and any approved modifications thereto.

14.J

8 Project No. 5717

6.5.2 Design-Builder shall require every Subcontractor and material supplier to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s or material supplier’s portion(s) of the Work, and to likewise bind their Subcontractors or material suppliers. City reserves the right to reject any Subcontractor or material supplier based upon City’s reasonable belief that the Subcontractor or material supplier is not adequately qualified, or whose performance is unacceptable to the City, or who has a history of unacceptable performance on other public works projects. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor or material supplier and City, but City shall be deemed to be a third-party beneficiary of the contract between Design-Builder and each Subcontractor.

6.5.3 If the Contract is terminated, each subcontract agreement shall be assigned by Design- Builder to City, subject to the prior rights of any surety, provided that the City accepts such assignment by written notification, and assumes all rights and obligations of Design-Builder pursuant to each such subcontract agreement.

6.5.4 All Subcontractors bidding on contracts for the Work shall be afforded the applicable protections contained in the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.).

6.6 Coordination of Work. City reserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is being performed. Design-Builder is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, and shall avoid hindering, delaying, or interfering with the work of other contractors. To the full extent permitted by law, Design-Builder shall hold harmless and indemnify City against any and all claims arising from or related to Design-Builder’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of another contractor or City’s own forces.

6.7 Design-Builder’s Representative. Design-Builder shall designate a person who shall be Design-Builder's authorized representative, subject to City’s approval, which shall not unreasonably be withheld.

6.8 Project Team. In addition to Design-Builder, City has retained, or may retain, a Design Consultant or other consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Design- Builder operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project.

6.9 Standard of Care. Design-Builder agrees that the Design-Build Services shall be

14.J

9 Project No. 5717
performed by qualified, experienced and well-supervised personnel. All Design-Build Services performed in connection with this Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 7. TIME OF PERFORMANCE; LIQUIDATED DAMAGES.

7.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents.

7.2 Commencement of Work. Design-Builder shall commence the Design-Build Services on the date(s) specified in City’s Notice to Proceed.

7.3 Contract Time. Design-Builder agrees to complete the Work in accordance with the Contract Documents within Three Hundred and Eighty (380) working days from the start date established in the Notice to Proceed. By signing this Contract, Design-Builder represents to City that the time to perform this Contract is reasonable for completion of the Work and that Design-Builder will complete such work within the Contract Time.

7.4 Liquidated Damages. If Design-Builder fails to complete the Project within the Contract Time, City will sustain damage. It is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay, therefore pursuant to Public Contract Code Section 7203, if Design-Builder fails to achieve Final Completion of the entire work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each Unexcused Delay in achieving Final Completion, based on the amount of One Thousand Dollars ($1,000.00) per calendar day. Design-Builder agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due the Design-Builder under the Contract.

7.4.1 Should Design-Builder be inexcusably delayed in the performance of the Work, City may deduct liquidated damages based on its estimate of when Design- Builder will achieve Final Completion or other milestones. City need not wait until Final Completion to withhold liquidated damages from Design-Builder. Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated damages do not include actual damages the City incurs on account of claims by third parties against the City on account of any delay. This section does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

14.J

10 Project No. 5717

7.4.2 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s losses are caused by any reason other than Design-Builder’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

7.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents.

SECTION 8. LABOR CODE REQUIREMENTS.

8.1 Pursuant to Labor Code Section 1771.1, the Design-Builder and all subcontractors shall be registered with the Department of Industrial Relations (“DIR”). City will not accept a bid proposal from or enter into this Contract with Design-Builder without proof that Design- Builder and its Subcontractors are registered with the DIR to perform public work, subject to limited exceptions.

8.2 Pursuant to Labor Code Section 1771.4, City gives notice to Design-Builder and its Subcontractors that Design-Builder is required to post all job site notices prescribed by law or regulation and Design-Builder is subject to compliance monitoring and enforcement by DIR.

8.3 Design-Builder, and any subcontractor engaged by Design-Builder, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Design-Builder is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.

8.4 Design-Builder or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. Design-Builder may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

8.5 Design-Builder acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”). Design-Builder shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

14.J

11 Project No. 5717

8.6 Design-Builder acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Design-Builder will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Design-Builder or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) SECTION 9. NON-DISCRIMINATION. Except as provided in Section 12940 of the California Government Code, during Design-Builder’s performance of the Contract, Design-Builder shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, gender, gender identity, genetic information, gender expression, sex or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment. Design-Builder shall also comply with the requirements of the Americans with Disabilities Act in the performance of the Contract.

SECTION 10. AUTHORIZED CITY REPRESENTATIVE. On behalf of the City, the City Engineer of the City of Hemet shall be the City’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Contract. The City Engineer may delegate authority in connection with this Contract to his/her assigned designees.

SECTION 11. INDEMNITY/DUTY TO DEFEND.

11.1 Indemnity. Design-Builder shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Design-Builder’s, its officers, agents, employees, or subcontractors (or any agency or individual that Design-Builder shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both City and Design-Builder, or should City otherwise find Design-Builder’s attorney unacceptable, then Design-Builder shall reimburse the City its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Design-Builder shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Design-Builder’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions

14.J

12 Project No. 5717
are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.

11.1.1 Design-Builder’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Contract, Design-Builder shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Design-Builder will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

11.2 Duty to Defend. Design-Builder agrees, at its sole cost and expense, to promptly defend the Indemnitees from all Indemnity Claims. The duty of the Design-Builder to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Design-Builder of the tender of any Indemnity Claim from an Indemnitee. The Design-Builder’s obligation to defend the Indemnitees shall be at Design-Builder’s sole expense, and not be excused because of Design- Builder’s inability to evaluate liability or because the Design-Builder evaluates liability and determines that the Design-Builder is not liable. This duty to defend shall apply whether or not an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively or concurrently negligent, or which otherwise assert that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim.

Design-Builder agrees to provide this defense immediately upon written notice from the City and with well qualified, adequately insured and experienced legal counsel acceptable to City.

11.3 Subcontractor Requirements. In addition to the requirements set forth hereinabove, Design-Builder shall ensure, by written subcontract agreement, that each of Design-Builder’s Subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnitees with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which Design- Builder is required to protect, defend, indemnify and hold the Indemnitees harmless In the event Design-Builder fails to obtain such defense and indemnity obligations from others as required herein, Design-Builder agrees to be fully responsible to the Indemnitees according to the terms of this section.

14.J

13 Project No. 5717

11.4 No Limitation or Waiver of Rights. Design-Builder’s obligations under this section are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Design-Builder’s indemnification and defense obligations set forth in this section are separate and independent from the insurance provisions set forth in the Contract and do not limit, in any way the applicability, scope or obligations set forth in such insurance provisions. The purchase of insurance by the Design-Builder with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. In any and all claims against the Indemnitees by any employee of Design-Builder, any Subcontractor, any supplier of the Design-Builder or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Design-Builder or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.

11.5 Withholding to Secure Obligations. In the event an Indemnity Claim arises prior to final payment to Design-Builder, City may, in its sole discretion, reserve, retain or apply any monies due to Design-Builder for the purpose of resolving such Indemnity Claims; provided, however, that City may release such funds if the Design-Builder provides City with reasonable assurances of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.

11.6 Survival of Indemnity Obligations. Design-Builder’s obligations under this section are binding on Design-Builder’s and its Subcontractor’s successors, heirs and assigns and shall survive the completion of the Work or termination of the Design-Builder’s performance of the Work.

SECTION 12. INSURANCE.

12.1 Prior to execution of the Contract, and thereafter upon City’s request, Design-Builder shall furnish City with official certificates of insurance and additional insured endorsements setting forth evidence of all insurance coverage required by this Section. Each certificate of endorsement is to be signed by a person authorized by that insurer to bind coverage on its behalf. The City of Hemet, its City Council and all of its respective officials, officers, directors, employees, managers, commission members, representatives, agents and council members shall be named as additional insured’s under each policy. Design-Builder agrees to have and maintain in full force and effect during the term of this Contract the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Contract.

12.2 By signing below Design-Builder certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against

14.J

14 Project No. 5717
liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Contract. Additionally, Design-Builder shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the
Labor Code, which requires every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such
provisions before commencing the performance of
the Work of this Contract.”
SECTION 13. ENTIRE AGREEMENT; CONFLICT. The Contract Documents comprise the entire agreement between the City and the Design-Builder with respect to the Work. In the event of conflict between the terms of this Contract and the bid of the Design-Builder, then this Contract shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

SECTION 14. PROJECT DOCUMENTATION. Design-Builder shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City or any authorized representative, and will be retained for four (4) years after the expiration of this Contract. All such records shall be made available for inspection or audit by City at any time during regular business hours.

SECTION 15. FALSE CLAIMS. Design-Builder acknowledges that if a false claim is submitted to the City, it may be considered fraud and Design-Builder may be subject to criminal prosecution.

Design-Builder acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Design-Builder hereby acknowledges that the filing of a false claim may the Design-Builder to an administrative debarment proceeding wherein Design-Builder may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:

14.J

15 Project No. 5717
(Initial) (Initial)
SECTION 16. INDEPENDENT DESIGN-BUILDER. Design-Builder is and will at all times remain as to City a wholly independent Design-Builder and shall not be an employee, agent, partner or joint venture of the City. City shall have the right t o control Design-Builder insofar as the results of Design-Builder’s services rendered pursuant to this Contract; however, City shall not have the right to control the means by which Design-Builder accomplishes such services. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Design- Builder or any of Design-Builder’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Design-Builder may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.

SECTION 17. LICENSES AND PERMITS. Design-Builder must, at Design-Builder’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Design-Builder represents and declares to City that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Design-Builder must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the City Municipal Code.

SECTION 18. NOTICE. Whenever any provision of the Contract Documents requires the giving of written notice, including notices, bills, invoices or other documents required or permitted under this Contract, service shall be sufficient if sent by one party to the other by overnight courier, or by registered, certified or United States first class mail, postage prepaid and addressed as follows:

CITY DESIGN-BUILDER
City of Hemet Pacific Hydrotech
445 E. Florida Ave 314 E. 3 rd St.

Hemet, CA 92543 Perris, CA 92570
SECTION 19. DEFAULT.

19.1 Notice of Default. In the event that City determines, in its sole discretion, that Design- Builder has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Design-Builder in the manner specified for the giving of notices in the Contract, with a copy to Design-Builder’s performance bond surety.

14.J

16 Project No. 5717

19.2 Opportunity to Cure. Except for emergencies, Design-Builder shall cure any default in performance of its obligations under the Contract Documents within two (2) days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Design-Builder will commence to cure the breach within two (2) days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) days after receipt of such written notice.

SECTION 20. CITY RIGHTS AND REMEDIES.

20.1 Remedies Upon Default. If Design-Builder fails to cure any default of this Contract within the time period set forth above in Section 19, then City may pursue any remedies available under law or equity, including, without limitation, the following:

20.1.1 Delete Certain Services. City may, without terminating the Contract, delete certain portions of the Design-Build Services, reserving to itself all rights to Losses related thereto.

20.1.2 Perform and Withhold. City may, without terminating the Design-Build Contract, engage others to perform the Design-Build Services or portion thereof that has not been adequately performed by Design-Builder and withhold the cost thereof to City from future payments to Design-Builder, reserving to itself all rights to losses related thereto.

20.1.3 Suspend the Design-Build Contract. City may, without terminating the Contract and reserving to itself all rights to losses related thereto, suspend all or any portion of this Contract for as long a period of time as City determines, in its sole discretion, in which event City shall have no obligation to adjust the Contract Price or Contract Time, and shall have no liability to Design-Builder for damages if City directs Design-Builder to resume Design-Build Services.

20.1.4 Terminate the Design-Build Contract for Default. City shall have the right to terminate this Contract, in whole or in part, upon the failure of Design-Builder to promptly cure any default as required by Section 19. City’s election to terminate the Contract for default shall be communicated by giving Design-Builder a written notice of termination in the manner specified for the giving of notices in the Contract. Any notice of termination given to Design-Builder by City shall be effective immediately, unless otherwise provided therein.

14.J

17 Project No. 5717

20.1.5 Invoke the Performance Bond. City may, with or without terminating the Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

20.1.6 Additional Provisions. All of City’s rights and remedies under this Contract are cumulative and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Contract, or prevent the City from terminating the Contract for breaches that are not material. City’s determination of whether there has been noncompliance with the Contract so as to warrant exercise by City of its rights and remedies for default under the Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Design-Builder to recover all liquidated damages and Losses suffered by City.

20.2 Delays by Sureties. Time being of the essence in the performance of the Work, if Design- Builder’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Design- Builder’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement Design-Builder, or by any other means that City determines advisable under the circumstances. Design-Builder and its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Design-Builder and located at the Project Site for the purposes of completing the remaining Work.

20.3 Damages to City.

20.3.1 For Design-Builder's Default. City will be entitled to recovery of all Losses under law or equity in the event of Design-Builder's default under the Contract Documents.

20.3.2 Compensation for Losses. In the event that City's Losses arise from Design- Builder's default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Design-Builder's. If the Losses incurred by City exceed the amount payable, Design-Builder's shall be liable to City for the difference and shall promptly remit same to City.

20.4 Suspension by City.

14.J

18 Project No. 5717

20.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Design-Builder, in writing, to suspend, delay, or interrupt the Design-Build Services in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Design-Builder shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Design-Build Services covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Design-Build Services covered by the Suspension Order. If a Suspension Order is canceled or expires, Design-Builder shall resume and continue with the Design-Build Services. A Change Order will be issued to cover any adjustments of the Contract Price or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Design- Build Services.

20.4.2 Suspension for Cause. In addition to all other remedies available to City, if Design- Builder fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Design-Build Services, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. Design-Builder shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Design-Builder’s failure to comply with the Contract Documents. City’s right to suspend the Design-Build Services shall not give rise to a duty to suspend the Design-Build Services, and City’s failure to suspend the Design-Build Services shall not constitute a defense to Design- Builder’s failure to comply with the requirements of the Contract Documents.

20.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Design-Build Contract in part or in whole upon written notice to Design-Builder.

Upon receipt of such notice, Design-Builder shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 20.5 shall be the Design-Builder’s sole and exclusive compensation for such termination and Design-Builder waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Design-Builder or its sureties from any of their obligations for Losses arising from or related to the Design-Build Services performed by Design-Builder.

20.5.1 Compensation. Following such termination and within forty-five (45) days after receipt of a billing from Design-Builder seeking payment of sums authorized by this Paragraph

20.5.1, City shall pay the following to Design-Builder as Design-Builder’s sole compensation for performance of the Design-Build Services:

14.J

19 Project No. 5717

20.5.1.1 For Services Performed. The amount of the Contract Price allocable to the portion of the Design-Build Services properly performed by Design-Builder as of the date of termination, less sums previously paid to Design-Builder.

20.5.1.2 For Close-out Costs. If termination is effective after the Construction Services have commenced on the site, reasonable costs of Design-Builder and its Subcontractors:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) days after receipt of the notice of termination.

20.5.1.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

20.5.1.4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Design-Builder can prove a likelihood that it would have made a profit if the Design-Build Contract had not been terminated.

20.5.1.5 Emergency Termination. The compensation provided in this provision does not apply to termination for emergency.

20.5.2 Subcontractors. Design-Builder shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Design-Builder on terms that are consistent with this Contract and that afford no greater rights of recovery against Design-Builder than are afforded to Design-Builder against City under this Section.

20.6 Design-Builder Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Design-Builder shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Design-Build Services to the extent specified in the notice;
(ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued;
(iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Design-Build

14.J

20 Project No. 5717
Services covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Design-Builder to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Design-Build Services as may be necessary to preserve and protect Design Build Services already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of As-Built Documents, instructions, or manuals, or other such rights and obligations arising prior to the termination date.

SECTION 21. DESIGN-BUILDER RIGHTS AND REMEDIES.

21.1 Design-Builder’s Remedies. Design-Builder may terminate this Contract only upon the occurrence of one of the following:

21.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive days, through no act or fault of Design-Builder, any Subcontractor, or any employee or agent of Design-Builder or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience.

21.1.2 For City's Non-Payment. If City does not pay Design-Builder undisputed sums within ninety (90) days after receipt of notice from Design-Builder, Design-Builder may terminate the Contract (30) days following a second notice to City of Design-Builder’s intention to terminate the Contract.

21.2 Damages to Design-Builder. In the event of termination for cause by Design-Builder, City shall pay Design-Builder the sums provided for in Paragraph 20.5.1 above. Design-Builder agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

14.J

21 Project No. 5717
SECTION 22. GENERAL PROVISIONS.

22.1 Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.

22.2 Assignment. Design-Builder may not assign this Contract without the prior written consent of City, which consent may be withheld in the City’s sole discretion since the experience and qualifications of Design-Builder were material considerations for this Contract.

22.3 Binding Effect. This Contract is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.

22.4 Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Design-Builder and City prior to the execution of this Contract.

22.5 Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Design-Builder and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.

22.6 Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature.

22.7 Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Design-Builder will not constitute a waiver of any of the provisions of this Contract.

22.8 Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each Party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its

14.J

22 Project No. 5717
fair meaning. It will not be interpreted strictly for or against either party.

22.9 Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.

22.10 Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside.
[Signature Page Follows]
IN WITNESS WHEREOF this Contract is executed as of the date first written above.

CITY:

City of Hemet
By:

Mark Prestwich, City Manager
DESIGN-BUILDER:

Pacific Hydrotech Corporation
By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk Design-Builder’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address

14.J

23 Project No. 5717
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]

14.J

EXHIBIT A

CONTRACT DOCUMENTS

1. Request for Proposals;

2. Addenda with later Addenda having priority over earlier Addenda.

3. Design-Build Entity's Proposal;

4. This Contract, as signed by the Parties, including Exhibit "A" - Workers' Compensation Certification, and all documents, maps, texts and items referred to in the foregoing documents;

5. Change Orders and other modifications issued after execution of this Contract;

6. Permits from the City's Building, Fire, Planning, Public Works and Public Utilities Departments and similar governmental approvals for the Work required by applicable law;

7. The 2024 Edition of the Standard Specifications for Public Works Construction ("Standard Specifications") written by Public Works Standards, Inc., and any special provisions; The provisions of the Special Provisions ("Special Provisions") shall take precedence over any conflicting provisions in the Standard Specifications and General Provisions.

14.J

EXHIBIT B

CONTRACT PRICE
Not to Exceed Four Million Eight Hundred and Ninety-Two Thousand Two Hundred Dollars $4,892,200
The Contract Price for performing all Work described in the Scope of Work, including design, labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the City.

14.J

EXHIBIT C

INSURANCE

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

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

2.Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

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

14.J

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

5.Surety Bonds. Design-Builder shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

6.Professional Liability. For professional services including design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7.Design-Builders’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Design-Builder shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.

8.Other Insurance. Design-Builder may be required to obtain such other insurance coverage as may be required by applicable law or by the City.

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

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

10.Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Design-Builder must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Design-Builder must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior

14.J

written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.

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

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

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

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

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

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

14.J

PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Pacific Hydrotech Corporation as Principal, dated the 11th day of December, 2024 (the Contract), titled the City of Hemet Design and Construction of Treatment Plant for Wells 15 and 16 - CIP 5717 in the amount of $4,892,200, which Contract is by this reference made a part hereof, for the work of the following Contract:

Design and Construction of Treatment Plant for Wells 15 and 16 - CIP 5717

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

1.03NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($4,892,200), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

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

14.J

1.07Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

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

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

DESIGN-BUILDER AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

14.J

1 CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated December 11, 2024 is in the amount of $4,892,200 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Pacific Hydrotech Corporation (Design- Builder), (Surety), CITY OF HEMET
(Owner), or other party shall be considered plural where applicable.

DESIGN-BUILDER: SURETY:

Pacific Hydrotech Corporation
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Design and Construction of Treatment Plant for Wells 15 and 16 - CIP 5717, dated December 11, 2024, in the amount of $4,892,200.

DESIGN-BUILDER AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

14.J

2 BOND TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

14.J

4.4Waive its right to perform and complete, arrange for completion, or obtain a new Design-Builder or Design-Builder, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Design-Builder Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and

6.3 below.

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

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

6.1Design-Builder’s obligations to complete the Construction Contract and correct Defective Work;

6.2Design-Builder’s obligations to pay liquidated damages; and

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

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

14.J

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

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

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

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

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

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

14. Definitions

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

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

14.J

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

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

END OF DOCUMENT

14.J

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 10 2024
Department: City Council
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A 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

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Review and Adopt a 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.

BACKGROUND:

Completing an update to the City Council Protocols for the Conduct of Public Meetings and Standards of Conduct (Protocols) is a "high priority" City Council initiative for Fiscal Year 2024-25. The Protocols provide a framework for orderly and transparent governance by establishing clear guidelines for meeting interaction, communication, and decision making, ultimately building public trust and ensuring fair and efficient operations within City government.

ANALYSIS:

The City Council Ad Hoc of Mayor Pro Tem Peterson and Councilmember Krupa participated in the development and review of the Protocols document, which included review and participation by the City Manager and City Attorney.

The draft Protocols provide guidance on several City Council functions including:

 Agenda Preparation + Placing Items on the Agenda
 Council Appointment Process
 Communication
 Guidance for Appointed Commissions, Committees, and Boards

14.K

 Ethical Decision Making
 Accountability and Enforcement

Once adopted, the Protocols will serve as a reference and training document for elected and appointed officials. It is recommended the Protocols be reviewed annually by the City Council to ensure they support the Council's mission and the evolving needs of the City.

PREVIOUS COUNCIL ACTION:

The City Council reviewed the draft protocols at their meeting of November 12, 2024.

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:

Not applicable.

ATTACHMENT(S):

Attachment 1: City Council Protocols Resolution
Attachment 2: Council Protocols 12.10

14.K

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING CITY COUNCIL

PROTOCOLS FOR THE CONDUCT OF PUBLIC

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

WHEREAS, the City of Hemet (“City”) City Council desired to complete a comprehensive update and establish City Council Protocols for the Conduct of Public Meetings and Standards of Conduct and designated this task a “high priority” in Fiscal Year 2024-25; and
WHEREAS, City Council Protocols provide a framework for orderly and transparent governance by establishing clear guidelines for meeting interaction, communication, and decision making, ultimately building public trust and ensuring fair and efficient operations within City government; and
WHEREAS, the City Council designated Mayor Pro Tem Peterson and Councilmember Krupa to participate in the crafting of City Council Protocols in collaboration with the City Manager and City Attorney; and WHEREAS, the City Council Protocols will serve as a reference and training document for elected and appointed officials, and shall be optimally be reviewed annually by the City Council to ensure they support the Council’s mission and evolving needs of the City.

14.K

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

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

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

SECTION 2. DETERMINES – Approves the City Council Protocols for the Conduct of Public Meetings and Standards of Conduct.

SECTION 3. RESOLVES - This Resolution shall become effective upon its adoption and effective date of service agreement on December 10, 2024.

14.K

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED this 10th day of December, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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.K

City Council Protocols
For the Conduct of Public Meetings
and Standards of Conduct

City of Hemet

Adopted December 10, 2024

14.K

i

TABLE OF CONTENTS

Page

1. DEFINED TERMS ................................................................................................. 1

2. SETTING A HIGHER STANDARD WITHIN THE EXISTING
FRAMEWORK ...................................................................................................... 2

3. OPENNESS .......................................................................................................... 2

4. FAIRNESS OF PROCESS .................................................................................... 3

5. AGENDA PREPARATION & PLACING ITEMS ON THE AGENDA ...................... 4

6. COUNCIL COMMITTEES ...................................................................................... 6

7. APPOINTMENTS ................................................................................................... 8

8. CITY COUNCIL INTERACTION AND COMMUNICATION .................................. 11

9. CITY COUNCIL INTERACTION AND COMMUNICATION WITH STAFF ........... 14

10. APPOINTED COMISSIONS, COMMITTEES, AND BOARDS ............................ 15

11. CORRESPONDENCE & USE OF CITY LETTERHEAD, SEAL & LOGOS ......... 16

12. USE OF CITY PERSONNEL, EQUIPMENT OR RESOURCES .......................... 18

13. COMMUNITY RELATIONS AND POLICIES ........................................................ 19

14. ETHICAL DECISION MAKING ............................................................................ 21

15. EFFICIENCY AND ACCOUNTABILITY ................................................................ 23

16. ENFORCEMENT .................................................................................................. 24

17. FAILURE TO OBSERVE COUNCIL PROTOCOLS ............................................. 26 APPENDIX A – LEGAL FRAMEWORK AND RESOURCES
APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS
APPENDIX C – ROSENBURG’S RULES OF ORDER
APPENDIX D – EXPENSE REIMBURSEMENT FOR CITY COUNCIL
APPENDIX E – PROCEDURAL RULES FOR QUASI-JUDICIAL HEARINGS APPENDIX F – ADMONITION/CENSURE POLICY
APPENDIX G – RULES OF DECORUM, RESOLUTION NO. 4545

14.K

ii

PREAMBLE
The City Council for the City of Hemet (“City”) affirms its commitment to ensuring that all residents, businesses, and staff of the City are served by a fair, transparent, ethical, efficient and accountable local government. City officials are entrusted wi th the responsibility of continually earning the public’s confidence through their actions and decisions. Accordingly, the City Council pledges to hold each of its Members responsible for observing the standards set forth in these Protocols, and to take appropriate action to enforce these Protocols when necessary to safeguard the integrity of City government and maintain the public’s trust in the City.

The City Council Protocols are established to create an effective and collaborative environment for lead ership by the City Council. The Protocols may be amended by resolution adopted by a majority vote of the City Council and should be reviewed on a regular basis to ensure the Protocols continue to support the City Council’s mission, effectiveness, and the evolving needs of the City.

14.K

1 1. DEFINED TERMS
“Brown Act” means the California Ralph M. Brown Act; Sections 54950 – 54963 of Chapter 9, of Part I of Division 2 of Title 5 of the California Government Code as the Act or any of its sections or subparts may be amended from time to time. “City” means the municipal corporation and general law city incorporated as the City of Hemet, California.
“Council” means the City Council of the City of Hemet, acting through a majority of its Membership.
“Development Project” means those projects seeking or requiring a Development Agreement, Density Bonus, Subdivision Tract Map, or a Conditional Use Permit for a sensitive use (i.e. adult business, massage parlor, etc.), or an industrial or commercial use.
“FPPC” means the Fair Political Practices Commission (FPPC) established pursuant to Government Code Section 83100 et seq.
“FPPC Regulations” mean the rules and regulations promulgated by the FPPC to implement the Political Reform Act: Sections 18109—18997 of Division 6 of Title 2 of the California Code of Regulations.
“Members” mean all Members of the Council collectively. “Member” means each Member of the Council individually. “Measure U Citizen Oversight Committee” means the seven-member committee established to furnish independent advisory review of the expenditure of the tax revenues following the passage of Measure U, a 1.0% 10-year temporary General Transactions and Use Sales Tax, in November 8, 2016, the sunset provision related to Measure U was eliminated with the passage of Measure H on November 8, 2022.
“Political Reform Act” means the California Political Reform Act of 1974; Sections 81000 – 91014 of Title 9 of the California Government Code. “Serial Meeting” means a series of communications of any kind, by a majority of Members, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the City Council, as prohibited under Government Code section 59952.2.

14.K

2 2. SETTING A HIGHER STANDARD WITHIN THE EXISTING FRAMEWORK By adopting these Protocols, the City Council and each of its Members intends to supplement and not to supersede California’s existing legal framework applicable to local governments. Similarly, the City Council intends that these Protocols will not merely restate existing legal obligations, but will establish a higher standard of conduct for Members in the governance of the City. Members are referred to Appendix “A” (Legal Framework & Resources) for pertinent resources. Members are expected to be familiar with and to seek guidance about the applicability of the legal framework.

3. OPENNESS
Openness or transparency in decision making is of the utmost importance in maintaining ethical, representative local governance. Members shall adhere to the following standards:

3.1 Public Meetings.

Members shall hold public meetings in accordance with the Brown Act. Members shall seek guidance from the City Attorney as to the accepted interpretation of Brown Act requirements and shall apply those provisions broadly in favor of the public’s right to participate in public decisions.

3.2 Council Communications and Serial Meetings.

Communications between Members shall be conducted in accordance with the Brown Act. Members shall not engage in “ serial meetings” with colleagues – a discussion of City issues among a majority of Members either collectively (i.e., all meeting together) or in a sequence (A talks to B who talks to C). Members shall knowingly not use other persons as intermediaries to accomplish a serial meeting or to circumvent the Brown Act.

3.3 Closed Session Discussions.

It is the intent of the City Council to limit the number of items held for Closed Session to provide for greater transparency to the public. As part of a properly agendized meeting, Members may only hold sessions closed to the public, at advisement of the City Attorney, in accordance with the commonly accepted interpretation of Brown Act requirements. Discussions held in c losed session are to be directly limited to the matter at hand. Such discussions, along with materials reviewed, are confidential and shall not be disclosed except as the City Attorney may advise or as the City Council may otherwise direct.

14.K

3 4. FAIRNESS OF PROCESS
Members shall comply with the meeting and hearing procedures set forth by Council Ordinance or Resolution. Additionally, in order to cultivate an environment of fairness and to encourage public confidence in City decisions, Members shall adhere to the following standards of conduct:

4.1 Decisions on the Merits.

Members shall base their decisions on the facts and merits of each matter, not upon personal or other biases, and shall strive to make decisions that are in the best interests of the community as a whole.

4.2 Meetings with Applicants and Interested Persons.

Except as provided below, a Member may meet and/or communicate with any person interested in a Development Project at any time before or after the filing of an application for the Development Project. All meetings and communications must be in compliance with the Brown Act.

After an application for an approval or permit has been filed with the City relating to the Development Project, Members shall only meet and communicate with the project applicant and/or owners (including their agents, representatives and contractors) with regard to the Development Project as part of a noticed and agendized Council meeting, as may otherwise be directed by Council (e.g., at an ad hoc Committee meeting), or in the presence of the City Manager or his/her designee which will require disclosure should the project be discussed at a future City Council meeting.

4.3 Disclose Meetings, Site Visits, and Independent Research.

Prior to any Council deliberations regarding a Development Project at a noticed Council meeting, Members shall publicly disclose information about the Development Project that they have obtained from sources other than those presented in the staff report. For example, Members should disclose meetings with the project owner, property owner and/or applicant, the Members own site visit, communications received from members of the public, or interested parties concerning the project. Disclosure is required to provide for transparent decision making, and to share information with the other Members and the public that may influence their decision or that of Members.

4.4 Decorum & Debate.

To ensure the fairness and integrity of the deliberative process, the presiding officer shal l preserve decorum and conduct meetings in an orderly manner consistent with Council Resolution 4545, attached hereto as Appendix “G” as it may be amended, or repealed and replaced, from time to time.

14.K

4 Members are encouraged to ask probing questions, engage in debate, and challenge assertions where necessary in making decisions. However, Members agree to conduct themselves in a manner that is civil, polite and respectful, exhibiting courtesy and respect to their fellow Members and the public. Members shall refrain from unnecessarily interrupting speakers and shall not engage in abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City staff and/or the public.

4.5 Parliamentary Procedure: Rosenberg’s Rules of Order.

Except as may otherwise be adopted by Council or as may otherwise be provided by applicable provisions of state law or federal law or the State or Federal Constitutions, the conduct of Council meetings shall be governed by the system of parliamentary procedures set forth in the latest revised edition of Rosenberg’s Rules of Order. Irregularities or mistakes in the application or practice of such order or parliamentary procedures in general shall not invalidate an otherwise legal decision or action of t he Council. Members are referred to Rosenberg’s Rules appended hereto as Appendix “C” for reference.

4.6 Quasi-Judicial Hearings.

Except as may otherwise be adopted by Council or as may otherwise be provided by applicable provisions of state law or federal law or the State or Federal Constitutions, the conduct of quasi-judicial hearings shall be governed by the rules set forth in Appendix “E” attached hereto.

4.7 Attentiveness at Meetings.

Members shall remain attentive to the business at hand at Council and Committee meetings. Members shall not communicate via phone calls, text messages or e-mails from the dais regarding any matter that is currently being considered by the Council. Members shall place cell-phones and other communication devices in “off” or “silent” mode unless being used to review the agenda, staff reports or other pertinent information. Members shall refrain from side-bar conversations with other Members while at the dais.

5. AGENDA PREPARATION & PLACING ITEMS ON THE AGENDA

5.1 Preparing the Agenda.

The Brown Act requires that no action may be taken by Council outside of a properly noticed and agendized public meeting. The City shall adhere to the requirements of the Brown Act in noticing meetings and in preparing, posting and providing agendas for Council meetings. Prior to agenda posting, a draft agenda shall be prepared by the City Manager and City Clerk in consultation with the City Attorney and the City’s Department Heads.

14.K

5 5.2 Agency Items – Placement by City Manager.

Subject to the authority reserved to the Council in 5.4, below, the Council authorizes the City Manager to prepare and place such items on the agenda for each Council meeting, whether regular, special or emergency, as the City Manager reasonably determines to be necessary for the orderly management and operation of the City. The City Manager shall also have authority to remove items from the agenda or to reschedule items to subsequent Council meetings. The City Manager shall place such items on the agenda as may be requested by the City Attorney from time to time.

5.3 Agenda Items – Placement by Mayor.

Subject to the authority reserved to Council in Section 5.4 below and the authority of the City Council as a whole to control its agenda, the Council authorizes the Mayor to place such it ems on the agenda for each Council meeting, whether regular, special, or emergency, as the Mayor reasonably determines to be necessary for consideration by Council. The Mayor shall consult with the City Manager in advance of the agenda publication deadline regarding such items to ensure they are ready for Council discussion, do not unduly interfere with other City Council business, and that Brown Act requirements may be met.

5.4 Agenda Items – Placement by Council.

Future Agenda Items . The agenda for each regular Council meeting shall designate a place for Council to identify “future agenda items” which the Council, by the affirmative vote of a majority of its Membership, may direct the City Manager to place on the agenda of a future Council meeting, and sh all specify the relative priority of the item along with date or time frame within which the item shall return to Council for study, discussion, or action. The items must be items of City Business or other items relevant to the City including without limit ation informational presentations or ceremonial items.

5.4.1 Further Work on Existing Item.

The Council may by the affirmative vote of a majority of its Membership, direct the City Manager to place items related to or in furtherance of an existing agenda item on a future agenda of the City Council to study, discuss, or act.

5.5 Agenda Items – Placement by Council Committee.

Where a Council Committee (whether standing or ad hoc) has been established as provided for in these Protocols, the Council Committee, is authorized to direct the City Manager to submit an update, report, and/or recommendation of the Council Committee, directly related to its subject jurisdiction on an upcoming agenda of the Council either as an update report, a study item or an item for

14.K

6 discussion and action.

5.6 Agenda Items – Placement by Individual Members.

Individual Members may not direct the City Manager to place an item on a future Council meeting agenda. Individual Members may consult with and recommend to the City Manager items of City Business that they desire to be included on an agenda. However, Members are encouraged to utilize the process identified in Section 5.4 to place matters on a Council agenda.

5.7 Consultation Regarding the Draft and Posted Agendas.

Each Member is encouraged to schedule time with the City Manager to review the draft agenda for an upcoming meeting for the purpose of preparing for the meeting and having an opportunity to ask questions and obtain desired facts in advance of the meeting or to have such available at the meeting. Members are encouraged to identify to the City Manager and/or City Attorney any questions or additional information they desire related to any item on the posted agenda as soon as possible before the holding of a regular or special meeting, so as to provide the City Manager or City Attorney sufficient time to adequately address the question or request.

5.8 Matters Not Appearing on the Agenda.

No action or discussion shall take place on any item not appearing on the agenda for a regular meeting as posted, unless it falls under a noted exception within the Brown Act (i.e., item of subsequent need or emergency item). However, where an item has been raised by a member of the public during the public comment period, a Member may ask the speaker for additional information or for contact information.

The Member may also inquire of the City Manager about the topic, or the Council may direct the City Manager to review the matter and report back at a subsequent meeting or to have the appropriate Department Head follow up with the speaker.

6. COUNCIL COMMITTEES

6.1 Purpose.

From time to time, the Council will find it desirable to create a Committee of the Council consisting of two of its Members. These Committees are typically formed to study, investigate, and make recommendations to the full Council regarding specific topics. In some instances these are standing Committees subject to the agenda and open meeting requirements of the Brown Act and in other instances these are ad hoc Committees that are not open to the public. In order for the Committees to serve effectively, it is necessary to establish certain policies for the conduct of City business by Committees.

14.K

7 6.1.1 Appointment.

Council Committees shall be appointed by the Council . Committee Members shall be promptly notified of their selection and the scope of the Committee assignment. The Council shall designate the term of the Committee and identify whether it is a standing appointment (on- going) or a short-term (ad hoc) assignment.
a) Standing Committee
Standing Committee is a Committee that has a continuing subject matter jurisdiction or has a meeting schedule that is fixed by the Council and must comply with the same agenda and meeting requirements as does a full meeting of the
Council. Standing Committees may include staff members or members of the public as Members of the Committee.
b) Ad Hoc Committee.

Ad Hoc Committee is a Committee that has a specific purpose and limited duration, does not have a continuing subject matter jurisdiction, and does not have a meeting schedule that is fixed by the Council. Ad Hoc Committees may only include two Members as Members, but may request that the City
Manager provide certain staff members to assist the
Committee.
c) Committee Meetings.

Council Committee meetings shall be scheduled at times
which allow for each Member to attend. Each Member should make an effort to accommodate the Committee meeting
schedule. The schedule of Committee meetings shall be
promptly communicated to each Committee Member.
d) Communications.

Committee Members are obligated to keep the full Council well informed of the Committees’ meetings and work and may report to the full Council at least once per month either by written or oral report offered at a regular Council meeting.

6.2 Committee Recommendations.

Generally, Committee Members should reach agreement on findings and recommendations to present to the City Council. When the opinions of Committee Members are divergent, each Member may submit his/her findings and recommendations separately to the City Council. Although written minutes of each

14.K

8 Committee meeting are not required, Committee findings and recommendations should be presented to the City Council in a written document.

6.3 Staffing.

A Committee may request the City Manager assign staff to Committees for the purposes of administrative services, to attend Committee meetings, and to assist with Committee presentations to the City Council, as staff are available for such tasks. Committees are encouraged to provide the Ci ty Manager with sufficient notice to allow for staff to prepare and attend any requested meetings.

7. APPOINTMENTS

7.1 Appointments by Mayor to Other Public Agencies.

The Mayor shall at least annually or as more often as is reasonably necessary, appoint Members to positions (including alternates) with other governmental entities (e.g., Hemet / San Jacinto Water Master; Riverside Transit Agency; WRCOG, RCTC, etc.), and other public oriented organizations on which the City is entitled to positions (e.g., voting delegates at the League of California Cities). In making these appointments, the Mayor shall be mindful of the best interests of the City, of creating a fair distribution of assignments among the Members, and any specific knowledge or interest expressed by Members as may be appropriate under the Brown Act.

7.2 Appointments by Council to City Commissions.

Except for those committees, boards, and commissions (collectively referred to herein as “City Commissions”) that have an alternative procedure, such as the Measure U Oversight Committee, which is governed by the terms of Measure U adopted by the voters of Hemet and Section 7.3 below, all appointments to City Commissions shall be through the following process:

Each Commission seat shall be assigned a number 1 through 5 each corresponding to a separate Member’s District.

When a Commission seat becomes vacant, or in advance of the current term of an appointee expiring, the City Clerk shall provide notice to the public soliciting for interested persons to submit c ompleted applications to the City Clerk. The City Clerk may group several vacant or expiring seats in one public notice.

The above does not prohibit a Member whose Commission appointee seat(s) become vacant or are expiring, from directly communicating with potential applicants within their District or the City at -large (or sphere of influence where allowed by City Ordinance) and encouraging them to submit an application for their open seat(s).

14.K

9 All applications for a particular Commission seat, received by the City Clerk on or prior to the submittal deadline, shall be provided to the relevant Member for review and consideration.

Within the time specified by the City Clerk, the Member may conduct any interview or meeting process determined best in their own judgment. The Member is encouraged to contact the City Department Head assigned to the Commission to discuss the specific knowledge, skills, experience or other traits, that may be helpful in serving on the Commission. The Member shall then nominate and submit the name of one person per Commission seat assigned to them for ratification by the City Council. No Commissioner may be seated without their appointment first being ratified by a majority of the members of the City Council voting at a duly noticed regular City Council meeting. Notwithstanding the expiration of a term, any person appointed to a Commission shall continue to serve until a successor is appointed or the seat is otherwise vacated.

7.3 Measure U Citizen Oversight Committee.

7.3.1 Qualifications. The Measure U Citizen Oversight Committee (“Committee”) is composed of seven members. All members of the Committee must be either:
a) a resident of the City of Hemet;
b) a resident of the City of Hemet’s Sphere of Influence; or c) own a business having its primary offices located within the City of Hemet.

7.3.2 Applications.

a) On or about the first regular meeting of December of each even-numbered year, the City Council shall set a
future meeting date for interviews and consideration for appointment to the Committee.
b) The City Clerk shall thereafter post a public notice soliciting applications to the Committee with the
deadline for returning applications set at least thirty days prior to the date set by the City Council for interviews.

All applicants for appointment or reappointment must fill out a City of Hemet Measure U Citizen Oversight
Committee application as approved by the City Council.

The City Clerk shall transmit the applications to the
members of the City Council at least fourteen days prior to the date set by the City Council for interviews and
consideration of appointment to the Committee.

14.K

10 7.3.3 Appointment.
a) On the day and time set by the City Council for
interviews and consideration of appointment to the
Committee, the City Council shall interview each
applicant. Each Member shall then rank the applicants
in order of preference.
b) The top- ranked applicant for each M ember shall be
deemed nominated to the Committee. In the event two
or more Members have the same applicant as their top-
ranked applicant, then either Council Member may elect
to nominate their second ranked applicant, if not already nominated.
c) The City Clerk shall then tally the remaining applicants, and the applicants receiving the highest ranks who
were not nominated in the manner described above
shall be deemed nominated to the Committee until
there are seven nominations.
d) The City Clerk shall then verify that the seven
nominations contain a sufficient number of residents of the City of Hemet (a minimum of four). If a sufficient
number of residents have been nominated, the City
Clerk shall read the names of the seven nominees to the Committee and the City Council shall vote whether to
approve the nominations to the Committee.
e) If there are fewer than four residents nominated to the Committee through the process described above, or in
the event that the City Council does not approve any of the applicants nominated in the process described
above, the City Council may receive nominations from
Members and vote upon such nominations until seven
applicants have been appointed to the Committee.
f) The foregoing shall not be construed to limit the
authority of the City Council to appoint any qualified person to the Committee or require the appointment of
any person. The purpose of this section is only to
describe the process by which nominations to the
Committee will be considered by the City Council.

14.K

11 7.4 City Council Vacancies.

Consistent with state law, the prefere nce of the City Council is to fill any vacancy that may occur on the City Council by appointment rather than incur the costs of calling a special election. Therefore, to ensure that the City Council has adequate time to receive and consider applications for appointment, the following actions shall be taken in the event a vacancy occurs on the City Council:

7.4.1 The City Clerk shall immediately notify the remaining members of the City Council of any vacancy that occurs.

7.4.2 The City Clerk shall publish a Notice of City Council Vacancy in a newspaper of general circulation for the City of Hemet stating that the City Council is seeking applications for appointment to fill a vacancy on the City Council. The notice shall state the length of the term to be filled, the deadline by which applications must be received, and the date by which an appointment must be made.

Applications will only be considered from applicants who meet the residency and voter registration requirements of the Hemet Municipal Code for the district i n which the vacancy exists. The deadline for receiving applications shall be no later than thirty (30) days after the vacancy occurs.

7.4.3 The application may request the applicant provide such information as the City Council may desire, and amend from time to time, but shall include the applicant’s name, age, primary residence address for the previous thirty (30) days, whether applicant is a registered voter, and a certification from the applicant that all information contained in the application is true and correct.

7.4.4 Following the application deadline, the Mayor may call a special meeting of the City Council for consideration of appointing any applicant the City Council determines qualified to fill the vacancy, otherwise the City Clerk shall place the matter on the next regular City Council meeting agenda. If an applicant is appointed by the City Council, the applicant shall immediately take the oath of office and subsequently assume the duties as prescribed.

8. CITY COUNCIL INTERACTION AND COMMUNICATION
Teamwork has been defined as an organization functioning effectively as a group. Here are a few methods by which city councils can become effective teams.

8.1 Courtesy.

Members treat each other with the respect and courtesy that is their duty as

14.K

12 residents and public officials.

8.2 Collaboration.

Each Member has the responsibility to initiate action to resolve problems cooperatively and as soon as possible, either directly with other Members or with the City Manager.

8.3 Civility.

The Council maintains a respectful decorum, and avoids personal attacks during public meetings, in the press, or at any other time. Legitimate dissent or opposition to another Member’s voting record or positions on issues are within the bounds of appropriate political discourse.

8.4 Perception.

Members should be sensitive to the negative impact that inappropriate conduct has on the public perception of the City. Members should be mindful of the fact that they are representatives of the City in all their public activities.

8.5 Adaptable.

Members are flexible and cooperative in filling in for one another at meetings or important functions.

8.6 Transparent.

Members do not engage in private discussions in violation of the Brown Act. A Member who feels that a conversation is potentially a violation should express their concern and immediately withdraw from the conversation. Members are expected to honor such concerns and immediately cease the conversation even if they do not agree that the Brown Act applies in that particular instance.

8.7 Practice Tolerance.

Personal attacks are always off-limits. Members start with the assumption that other members have the best interests of the City at heart, even if they disagree with their positions.

8.8 Public Relations.

If a Member takes a position in the media, or at any public hearing, critical of a decision, or critical of fellow Members or members’ positions on issues, such public comments should stick to the issues under contention and never involve personal attacks. Members shall be mindful when representing views or making comments and, if they do not reflect the majority of the Council, must claim the comments as their own personal opinion. Positions set forth in writing on City letterhead should clearly indicate if the position stated is one officially voted on by the City Council, or

14.K

13 if it only represents the position of the individual Member.

8.9 Liability.

Members should avoid expressions, comments, or opinions of city fault, responsibility, or liability in any matters involving property damage, personal injury, or alleged breach of contract or alleged violation of law.

8.10 Unity.

These Protocols do not, by themselves, carry the weight of law. Members are expected to abide by them out of a desire to have a well-run City that treats its residents respectfully and with dignity. A governing body that strives to be fair, informed, honest, diligent, dignified, efficient and respectful of others will win the respect and trust of its residents.

8.11 Extenuating Circumstances.

If any Member feels that a Protocol is being violated, it is appropriate for that member to discuss it individually with the Member. If the City Manager or staff are involved, it is appropriate to discuss it with the City Manager. If this does not resolve the situation, it is appropriate, as a last resort, to bring up the matter within the future agenda Item period of a public meeting and ask for the issue to be put on a future agenda.

8.12 Influence.

A principal purpose of the Protocols is to establish or uphold procedures and behavior that win the trust of the public by promoting efficient, productive and civil interaction between Members.

8.13 Originator.

A Member who originates an idea or program shall continue to be identified as the originator even if the idea or program is pursued by another Member or City official.

Members may request, through the City Clerk, certificates or other awards recognizing special events, organizations or individuals of importance to the City.

All such requests must be approved by the Mayor, who should ask staff to vet the organization, if necessary. Such certificates or awards are normally to include the name and/or signature of all Members.

8.14 Disclose.

Members who request the use of City staff or resources for programs or events shall provide prior notice of these programs or events to all other Members.

14.K

14 9. CITY COUNCIL INTERACTION AND COMMUNICATION WITH STAFF

9.1 Effectiveness.

The Council and City Manager work together as a solution-oriented team.

9.2 City Manager Communication.

Members feel free to communicate with the City Manager about any City issues, including resident concerns. However, Members are also mindful of the City Manager’s busy schedule and competing requests for access.

Complaints or concerns about any City departments or staff are first taken up with the City Manager. It is not appropriate, in any situation, to publicly critique, ridicule, or complain about other staff to any staff person other than the City Manager Executive Staff Communication.

Members may routinely ask Department Heads for information relative to their department. However, inquiries that require extensive research, or reports that may occupy more than cursory staff time should first be discussed with the City Manager, and may require action or approval by the entire Council.

9.3 Chain of Command.

Department Heads report to the City Manager. Members do not insert themselves into or interfere with that chain of command.

9.4 Notify.

The Council should expect to be fully and promptly informed by the City Manager or his designee regarding any unusual activities or events of public concern.

9.5 Business Professional Conduct.

Members keep a friendly, professional relationship with staff members, but avoid getting involved with personal matters, operational matters, work assignments or projects with any staff other than the City Manager.

9.6 Judicious.

It is staff’s role to provide factual, objective, and unbiased information to the Council and the public in its reports. Members do not interfere or attempt to unduly influence the content of r eports being prepared by staff. If a M ember disagrees with a staff recommendation, he or she is not obligated to vote for it and is likewise free to attempt to convince his or her colleagues on the Council of his or her position.

14.K

15 9.7 Budget Practices.

Members establish action and budget priorities for the City once a year during the annual budget review process.

Changes from the priorities or budget allocations established during the annual budget review process should be pursued only after careful consideration, as they may involve changes in staff work load and appropriations, and because the original priorities were established with the benefit of a public hearing.

Members should bring forward requests for deviations from the established budget priorities only if they involve a degree of urgency that cannot wait until the next budget review.

9.8 City Attorney Communications.

Members may individually ask the City Attorney general questions involving matters related to City business. However, for inquiries that require extensive research, opinions or reports, the City Attorney may refer the matter to the City Manager or action/approval may be required by the City Council.

10. APPOINTED COMMISSIONS, COMMITTEES, AND BOARDS

10.1 Appointment Protocol.

Commission appointments are generally based on the recommendation of one nominee from each Member. The nominations are then subject to approval by the entire Council. The Commissions shall elect a Chair and Vice Chair from among themselves, which positions shall rotate.

10.2 Vision Statement.

The Council is responsible to make its vision for the City clear to all appointed and advisory bodies as policy guidance for those bodies.

10.3 Ethics Standards.

The Council holds Commissions and Boards to the highest standards of ethical and professional conduct in the performance of their appointed duties.

10.4 Altruistic.

Like the City Council, Commissions and Boards work for the benefit of the community and never for personal purposes.

10.5 Authority.

The Council spells out the role, jurisdiction, authority and prerogatives of appointed

14.K

16 bodies.

10.6 Proactive.

Commissions and Boards are expected to make specific recommendations on matters brought before them, and not merely to pass them on to the City Council for final decision.

10.7 Refrain from Dictating.

Members do not dictate the decisions of Commissioners and other board members.

Commissioners and Board members come to their own conclusions based on the evidence, the City’s Municipal Code, and other governing and visioning documents. Substantial consider ation is to be given by Commissioners to the recommendations of staff contained in the agenda reports.

10.8 Liaison Communication.

Commissioners are encouraged to discuss questions or concerns about any agendized items with the Commission’s staff liaison prior to Commission meetings in order to be prepared to take action at public meetings. Commissioners are to be mindful of undo consumption of staff time and resources.

10.9 Recording.

Any Commission or Board action should clearly state for the record the specific, so that the Council and the public may have the benefit of its reasoning.

10.10 Re-Appointment Application Process.
a) All persons requesting appointment or re-appointment to a Commission or Board shall make written application to the City Clerk. The City Clerk is to acknowledge receipt of each application by letter to the applicant which includes an explanation of the appointment process. The City Council shall provide an opportunity for applicants to come before the Council and be interviewed before nominations are made.
b) All nominations for appointment to a Commission or Board are to be placed on the Council’s public agenda with the applicant’s name and a copy of the application (with personal information redacted). All nominees are encouraged to appear before the Council prior to appointment or re-appointment. The City Clerk shall send a letter to all applicants stating the results of the appointment process in which they participated.

14.K

17 11. CORRESPONDENCE AND USE OF CITY LETTERHEAD, SEAL, AND LOGOS

11.1 Mayor is Spokesperson.

When appropriate, the Mayor shall make representations on behalf of the entire Council as provided at a Council meeting, and may sign any letters representing the official position of the City Council.

11.2 Ceremonial Head.

The Mayor is the ceremonial head of the City and signs all proclamations, officiates at all City functions, and welcomes visiting dignitaries.

11.3 Use of City Letterhead, City Seal, & Logos.

Members shall only use City letterhead for the purpose of corresponding as a matter of official City business or matters within the scope of the Member’s official duties as a Member. Members shall adhere to the City’s ordinance and polices regarding use of the City Seal and Logos.

In addition to the restrictions by City ordinance or policy, Members shall not use City letterhead, City Seal or Logos, or other City resources where doing so would create the appearance of impropriety, including without limitation:
a) Using public office for personal gain or to promote personal business,
b) Giving preferential treatment to any person or group, c) Pursuing primarily personal interests or purposes,
d) Impeding governmental responsiveness or efficiency.
e) Use for Member campaign purposes.

All Member correspondence using City letterhead shall be copied to the City Manager.

11.4 Personal Correspondence.

These communications (including e-mail responses) shall be prepared by and sent at the expense of individual Members. Members may utilize the City's outgoing mail service, however, postage shall be at the M ember’s expense. Personal correspondence to or from Members do not require listing on the City Council agenda.

11.5 Correspondence Responding to Proposed County, State or Federal Legislation.

The City Council adopts a bi -annual Legislative Platform to guide Cit y

14.K

18 positions on proposed County, State, or Federal legislation. A request to the City to take a position on County, State, or Federal Legislation or regulations from a Member or recognized organization shall be brought to the City Manager who shall review the request and determine if there is policy guidance provided in the Legislative Platform to guide preparation of a letter. If there is not clear policy direction provided by the Platform, the City Manager shall place the proposed position letter or resolution on a Council meeting agenda for consideration. Copies of letters signed on behalf of the City Council with respect to legislative matters will be provided to the City Council.

11.6 City Council Meeting/Agenda Related Correspondence.

If the correspondence relates to an item on a forthcoming City Council meeting agenda, it is provided to the City Clerk for inclusion in the Council packet
for that business item and copied to the City Manager and appropriate staff members.

11.7 Urgency Matters.

If the proposed legislation or regulation is considered by the City Manager or Mayor to be extremely beneficial or extremely detrimental to the City’s interests, a letter may be prepared immediately for the Mayor’s signature, with copies being provided to the whole Council.

This procedure is particularly appropriate if the City’s position is similar or identical to a past City position on this matter, consistent with City Council approved legislative policy, and/or is consistent with the position taken by the League of California Cities.

12. USE OF CITY PERSONNEL, EQUIPMENT OR RESOURCES

12.1 Overview.

The City has many complex services, programs and projects being carried out at the direction of the Council. The orderly management and control of these programs and projects are essential to the effective and efficient accomplishments of these efforts. The Council’s role is to provide policy direction and the role of the City Manager is to organize and carry out the policies. Effective management and control require Council and professional staff to maintain their respective roles. The following rules and procedures are designed to help assure clear direction and efficiency of City operations.

12.2 Use of City Resources.

State law prohibits the use of City personnel or other public resources for any personal use or personal business and other non- City activity by elected or appointed official of which said use is not directly related to City business. Member

14.K

19 campaign activities are considered personal and not City business.

12.3 City Manager Authorization.

12.3.1 Outside Activities.

The use of City personnel or other resources for outside activities which are directly related to City business, such as Joint Power Authorities (JPAs) or recognized community groups, requested by an individual Member shall be considered by the City Manager and approved at the City Manager’s discretion or by the Council as an agendized item at a regular public meeting. Prior to volunteering or encouraging the use of staff for an issue of a Council Committee, ad hoc Committee, neighborhood meeting, regional board, the board of another jurisdiction, or other activity, a Member

shall confer with the City Manager, the latter of whom shall determine if it conforms to Council policy or if it is necessary to present the request for staff use to the Council at a City Council meeting.

12.3.2 Requests from Public.

Requests from the public (including governmental entities) for information, whether directly or to Member or City staff, shall be treated as a public records request and handled in accordance with the City’s policies and the Public Records Act.

13. COMMUNITY RELATIONS AND POLICIES

13.1 Mayor to Act as Council Ceremonial Representative.

The Mayor has been delegated the responsibility to act as the City Council’s ceremonial representative at public events and functions. In the Mayor’s absence, the “Mayor Pro Tem ,” or available Member , assumes this responsibility.

13.2 Honoring Residents and Other Worthy Persons.

It is the policy of the City Council to honor people and organizations who have contributed to the improvement or to the welfare of the City.

Recommendations may be made by citizens to an appropriate Commission, Board, or Committee or directly to the City Council. The City Council may request the advice of a Commission, Board or Committee to determine merit.

Recognition may also be given to individuals for their personal achievement or for enhancing the image of the City. The accolades could include awards, certificates, resolutions or proclamations. In addition, perpetual plaques or awards can be bestowed on individuals.

14.K

20 13.2.1 Proclamations and Resolutions of Support.

If any person requests a proclamation or resolution of support for any person or organization, the following procedure should be followed:
a) Incoming requests for proclamations or resolutions of support shall be coordinated with the City Clerk for
approval by the Mayor.

b) If a request for a procl amation or resolution is
submitted with insufficient content, the requestor
should be contacted and advised that a certificate of
recognition is more appropriate for the occasion.
c) If a request for a certificate of recognition is submitted with insufficient content that requestor should be
contacted to provide additional information about the
request.
d) Certain requests for recognition are considered routine in nature and may be processed by the offices of the
City Manager/City Clerk in whatever manner deemed
appropriate. Such routine requests include, but are not limited to Student of the Month, New Business
Recognitions, Recognition of certain days/weeks/
months to coincide with their customary observance (a
standing list of which may be approved by the Council
and updated as the Council directs) and recognition of
significant life events for Hemet residents (e.g.,
recognition of Centenarians, 50-year anniversaries)
and retirements of City staff following significant years of service.
e) Ceremonial items presented at Council meetings shall be limited to a maximum of three presentations. Mayor
may allow exceptions for additional presentations.
f) If a request for a perpetual plaque or award is
submitted, or if a request for dedication of a municipal building, room, or facility, is submitted, the request
shall be directed to City Council for public hearing
consistent with the City’s naming policy. If after the
public hearing the Planning Commission recommends
dedication to the Council, the Council shall hold a
public hearing prior to taking action on the dedication request.

14.K

21 13.3 Council Member Participation in Community Activities.

From time to time, Members may choose to participate in non-city organized or sponsored organizations, activities, committees, events, and task forces.

When a Member participates in these types of activities, the Member is not acting on behalf of the City Council. Members may identify themselves as Members of the Council, but must indicate that they are acting as an individual Member, rat her than representing the Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Member as its representative to the organization or for the activity.

14. ETHICAL DECISION MAKING
Members, the City Treasurer, and their appointed Commission, Committee and Board Members, shall observe and conduct themselves in accordance with the highest standards of ethical conduct in dealing with the community and carrying out their official duties. In every action and decision, Members should avoid even the appearance of impropriety and are strongly encouraged to apply the guidelines for “Making Ethical Decisions” provided below.

14.1 Avoiding the Appearance of Impropriety.

14.1.1 Making Ethical Decisions.

Members are referred to Appendix “B” (Guidelines for Making Ethical Decisions) for the process Members are encouraged to utilize in making City related decisions.

14.1.2 Council Members May Need to Refrain From Participating.

Conflict-of-interest issues are complex and opaque to the public. Some situations are not “legal” conflicts of interest, but may nevertheless pose the “appearance of impropriety” to the public. In such situations, the Member should not participate in the matter.

14.1.3 Smell Test.

Members shall do an ethical “smell check” or “gut check” regarding the matter. What is your conscience telling you?

14.1.4 Assistance.

To assist in making a decision regarding whether to participate, Members should consult the City Attorney or the Fair Political Practices Commission (FPPC) helpline.

14.K

22 14.2 Ethical Principles to Follow.

14.2.1 Be a Good Steward.

Good stewardship of the public’s interest must be the Member’s primary concern.

14.2.2 The Common Good.

Members shall work for the common good of the citizens and not for any private gain, political advantage or personal interest.

14.2.3 Fairness and Equity.

Members shall work for the common good of the citizens and not for any private gain, political advantage or personal interest.

14.2.4 Impartiality.

Members shall be independent of special interests and impartial in decision making.

14.2.5 Avoid Personal Interests.

Members are prohibited from using their official positions to influence decisions in which they have a personal financial interest, are members of an interested organization, or have a personal relationship that would be affected.

14.2.6 No Personal Gain.

Members shall not take advantage of, or use, public property and equipment, public services, confidential public information, public resources, or other opportunities afforded by their office, for personal gain.

14.2.7 Appearing Before Council.

Members shall not appear before the City Council or other City Board or Commission representing any private interest or community group.

Members are permitted to speak as a member of the public on any matter that affects them personally, but may not participate in the matter as a Member.

14.2.8 Gifts.

Members shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence, or the appearance that they are independent and unbiased.

14.K

23 14.2.9 Campaign Contributions.

As an integral part of running for an elective office, Members have a right to receive campaign contributions, to the extent and as allowed by law.

Members should review and become familiar with the City’s local campaign contribution limitation.

14.2.10 Conflict where Campaign Contribution Received.

No Member shall participate in any City decision or action where the Council Member is subject to California Government Code Section 84308 (the Levine Act).

15. EFFICIENCY AND ACCOUNTABILITY
The City of Hemet operates under a Council -Manager form of government under which the Council’s role is to provide legislative direction, set City policy and monitor its implementation. The City Manager serves as the City’s administrative head and is responsible for directing the day -to-day operations of the Ci ty and for administering all City business.

15.1 Members Shall Not Interfere with Operations.

No Member of the City Council shall interfere with the execution by the City Manager of his/her powers and duties; nor shall any Member direct the City Manager to appoint or remove any officer or employee of the City. Except for the purpose of inquiry, no Member shall deal with the administrative services of City except by and through the City Manager; nor shall any Member give any order or direction to any subordinate officer or employee of City. This section shall not apply during a period of disaster proclaimed by the Governor or City Council in accordance with California law, when the normal functioning of the City’s government is not feasible based on the Circumstances.

15.2 Role Related to Personnel Matters.

Members shall not interfere with the appointment, evaluation, discipline or removal by the City Manager of any Department Head or employee of the City.

15.2.1 Exception – City Attorney.

The City Attorney is hired, appointed, evaluated, and removed directly by the City Council.

14.K

24 15.2.2 Exception – City Manager.

The City Manager is hired, appointed, evaluated and removed directly by the City Council.

15.3 Orders and Direction to Employees.

Only the City Manager may give orders and direction to City employees.

Members shall not direct the work or actions of City employees.

15.3.1 Responses.

Responses to Member substantive information inquiries shall be provided to all Members.

15.3.2 Notification.

Where the City Ma nager or Department Head provides general facts or information about the City, a program, or a City event to one Member, it should be provided to all Members.

15.4 Staff Liaisons to City Commissions / Committees and Outside Agencies.

Members serving as the City ’s representative to a City Commission or Committee or to an outside agency may interact directly with the City employee assigned to that effort by the City Manager.

15.5 Operations and Service Levels.

Elected and appointed officials should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Comments about Staff performance should only be made to the City Manager.

15.6 Political Solicitation and Activities.

Members shall not solicit political support from City employees (e.g., financial contributions, display of posters or lawn signs, name on support list, etc.). Members shall not engage in political activities at City Hall or other City facilities. This provision is not intended to i mpair the free exercise of federal and state constitutional and statutory rights by City employees.

16. ENFORCEMENT

16.1 Member Responsibility.

Upon adoption of these Protocols and thereafter upon assuming office,

14.K

25 each elected and appointed official shall sign a s tatement affirming they read and understood these Protocols. Each elected and appointed official is responsible for adhering to these Protocols, as well as the laws that comprise the basic legal framework for local government discussed in the first part of the Protocols.

16.2 Council Authority.

Only the City Council has the authority, but not the legal obligation, to monitor each Member’s adherence to these Protocols and to take corrective action for violations, as provided below.

16.2.1 Training and Education.

The City Council shall sponsor periodic training opportunities for elected and appointed officials to become more familiar with the Protocols and the legal framework (See Appendix “A”).

16.2.2 Council Members.

Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, as provided in Section 15.4, a majority of the Members may remove a Member from all Council honorary and/or ceremonial positions and ad-hoc and standing Committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council.

16.3 Violation of Oath of Office or the Law.

All Members take an oath upon assuming office, pledging to uphold the Constitutions of the State of California and United States of America, laws of the City, and the statutes of the state and the federal government. In addition, Members commit to disclosing to the appropriate authorities and/or to the City Council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law. Constitutional and legal violations do not fall under these enforcement procedures and should rather be investigated and enf orced under the appropriate civil or criminal proceedings by the appropriate authorities.

16.4 Violation of Protocols.

16.4.1 Complaint.

Where any person has substantial evidence that a Member has materially violated these Protocols, they may file a written statement with the City Clerk who shall then provide it to the City Council at the next regularly scheduled City Council meeting.

14.K

26 16.4.2 Enforcement.

The City Council shall enforce these Protocols against Members utilizing the procedures outlined in the City of Hemet’s Admonition/Censure Policy, attached hereto as Appendix “F.”

17. FAILURE TO OBSERVE COUNCIL PROTOCOLS
These Protocols are adopted to expedite the transaction of the business of the Council in an orderly fashion and are procedural only and the failure to strictly observe such rules does not affect the jurisdiction of the Council or invalidate action taken at a meeting that is otherwise held in conformity with law. These Protocols shall not be construed as creating any private right of action with any person for their enforcement. Enforcement of the Protocols rests exclusively with the City Council in their sound discretion.

14.K

APPENDIX A – LEGAL FRAMEWORK & RESOURCES

1.0 Legal Framework

Law or Regulations Citation

California Laws

California Constitution Article XI §§ 2, 5, 7, & 11.

General City Authority
Ralph M. Brown Act Government Code §§ 54950 et seq.

Open Meeting Laws
California Public Records Act Government Code §§ 6250 et seq.

Public Records Disclosure
California Political Reform Act Government Code §§ 81000 et seq.

Conflicts, Disclosures & Campaigns
FPPC Regulations 2 Cal. Code Regs. §§ 18109 et seq.

Conflicts, Disclosures & Campaigns
Legally Required Participation 2 Cal. Code Regs. § 18708 California Anti-Self Dealing Law Government Code §§ 1090 et seq.

Self Interest in Contracts
California Incompatibility of Office Law Government Code § 1126 & § 1099 Holding Two Public Offices

Hemet City Documents
City Municipal Code Chapter 2 “Administration”
City Council Rules of Order and Protocols
Reimbursement Policy

14.K

2.0 Online Resources

Resource Web Address

State of California www.ca.gov/index.asp
Portal to State Websites
Official Cal. Legislative Information www.leginfo.gov
California Bills & Codes Online
Cal. Fair Political Practice Commission www.fppc.ca.gov Conflict of Interest Info
Cal. Attorney General https://oag.ca.gov
See AG Opinions
Cal. Senate www.senate.ca.gov
Bill Information Online
Cal. Secretary of State www.sos.ca.gov
Election Information
LA County Registrar–Recorder/County Clerk www.lavote.net Election Information

League of California Cities www.cacities.org
Municipal resources
Institute for Local Government www.ca-ilg.org
Municipal resources
Marrkula Institute for Applied Ethics www.scu.edu/ethics/practicing/decision Ethical Decision Making

14.K

APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS1

How to Make an Ethical Decision. When presented with an opportunity to participate in making a decision for the City, the City Official should:

A. Recognize whether an ethical issue is involved.

1. Will the decision result in damage or injury to people?

2. Is there a clear good or bad result?

3. Is the result compelled under the law or does it hinge on budgetary, efficiency, or other community concerns?

4. Ethical decisions are often not the easiest decision, nor the most popular.

B. Get the facts.

1. Read the staff report and get questions answered by the City Manager in advance.

2. Are there alternatives that would lead to better or worse results?

3. What are the viewpoints of the stakeholders? Are some more important than others?

4. Are there any unanticipated consequences?
C. Evaluate alternative actions. Which option will:

1. Produce the most good and do the least harm? (See The Markkula Center’s Utility Test.)
a. Identify the alternative actions that are possible and the persons and groups (the stakeholders) who will be affected by these actions.
b. For each of the most promising alternatives, determine the benefits and costs to each person or group affected.
c. Select the action in the current situation that produces the greatest benefits over costs for all affected.
d. Ask what would happen if the action were a policy for all similar situations.
______________
1 From the Markkula Center for Applied Ethics at the University of Santa Clara, available at https://www.scu.edu/media/ethics-center/resources/making.pdf

14.K

2. Best respect the rights of all who have a stake? (See The Markkula Center’s Rights Test.)
a. Identify the right being upheld or violated.
b. Explain why it deserves the status of a right.
c. Ask whether that right conflicts with the rights of others.

3. Treat people equally or proportionately? (See The Markkula Center’s Justice Test.)
a. What is the distribution of benefits and burdens? Is the distribution fair?
b. If disagreement persists over which outcome is fair, select a fair process to decide the issue.

4. Best serve the community as a whole? (See The Markkula Center’s Common Good Test.)
a. Identify what parts of the common good are involved. b. Explain obligations to promote or protect the common good. c. Discern whether the proposed action conflicts with an obligation to promote or protect the common good.

5. Lead the City Official to act as the sort of person or official as they want to be? (See The Markkula Center’s Virtue Test.)
a. Will the action help to make you the kind of person you want to be?
b. Will the action fit the City’s reputation or vision of what it would like to be?
c. Will the action maintain the right balance between excellence and success for the City?
D. Make a decision and test it.

1. Which approach best suits the situation and arrives at the most ethical decision?

2. Which option is likely to be most respected by the Member’s colleagues and constituents?
E. Act and reflect on the outcome.

1. How can the decision be implemented to best reflect the intention and reasons for the decision?

14.K

2. What was the end result of the decision and what feedback has the City Official received?

14.K

APPENDIX C – ROSENBERG’S RULES OF ORDER

14.K

Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

14.K

ii
MISSION and CORE BELIEFS
T o expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
T o be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Y olo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Y olo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Y olo-Solano Air Quality Management District, the Y olo County Economic Development Commission, and the Y olo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.

14.K

1 Table of Contents
About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 T o Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7

14.K

2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. T o the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.

14.K

3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain. ” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

T enth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. ”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings. ”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order. ”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings. ”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser. ”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.

14.K

4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

T o Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight. ” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee. ” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year. ”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend, ” but the chair determines that it is really a “substitute motion, ” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion. ” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser. ” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. ” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year. ” The proper procedure would be as follows:

14.K

5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold. ” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October. ” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question. ” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote. ” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes. ” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question, ” or “I move the question, ” or “I call the question, ” or “I move to limit debate, ” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.

14.K

6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain, ” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain. ”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent. ” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting, ” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting. ” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting. ” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes, ” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present. ” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes, ” one “no” and one “abstain, ” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.

14.K

7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda. ” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: T ell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no. ” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege. ” The chair would then ask the interrupter to “state your point. ” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order. ” Again, the chair would ask the interrupter to “state your point. ” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.

14.K

1400 K Street, Sacramento, CA 95814
(916) 658-8200 | Fax (916) 658-8240
www.cacities.org
T o order additional copies of this publication, call (916) 658-8200. $10
© 2011 League of California Cities. All rights reserved.

Printed on recycled paper.

14.K

APPENDIX D – EXPENSE REIMBURSEMENT FOR CITY COUNCIL

14.K

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

CITY OF HEMET
Hemet, California
RESOLUTION NO. 4004

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET ESTABLISHING A REIMBURSEMENT

POLICY FOR THE EXPENSES OF ELECTED AND

APPOINTED OFFICIALS

THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. FINDINGS. The City Council of the City of Hemet ("City") finds as follows:

A. In addition to performing their day- to-day duties and responsibilities, it is in the best interests of the City that elected and appointed officials ( hereinafter, " officials") remain informed and trained in activities, developments and professional trends affecting the affairs of the City and that attendance at institutes, hearings, meetings, conferences, or other gatherings is of value to the City and its citizens.

B. The City's officials include members of any legislative body ( as defined in GovernmentCodeSection54952(a), (b)) of the City (hereinafter "legislativebody"), including the City Council, as well as the Planning Commission, Simpson Center Advisory Commission, Traffic and Parking Commission, Disaster Planning Commission, Parks Commission, Mobilehome Rent Review Commission, Library Board, and any other City - affiliated commission, committee, board or other body created by ordinance, resolution, or formal action of the City Council.

C. The City takes its stewardship over the use of its limited public resources seriously.

D. Public resources should only be used when there is a substantial benefit to the City, including:

1. Attendance and participation at meetings of the official' s legislative bodyor at meetingsof anadvisorybodyofthe legislativebody.

2. Attendance and participation at meetings of any body or organization to whichthe officialhasbeenappointedby the official's legislativebodyor at whichthe officialservesas a designatedrepresentativeof the City.

3. Communicating with constituents on matters within the jurisdiction of the official' s legislative body.

4. Attendingcommunityeventsas a representativeof the City.

I
CITY COUNCIL RESOLUTION NO. 4004

REIMBURSEMENT POLICY FOR ELECTED AND APPOINTED OFFICIALS LA 14835- 0133- 2480 vl
3/ 1/ 06

14.K

1 5. Communicating with representatives of local, regional, state and 2 national government on City matters, policy positions, or legislation that may affect the City.
3 6. Participating in local, regional, state and national organizations and 4 entities whose activities affect City interests.
5 7. Attending seminars designed to improve officials' skill and information 6 levels.
7 E. It is in the best interests of the City to adopt a policy to provide guidance to officials on the use and expenditure of City resources, as well as the standards against which 8 those expenditures will be measured.

F. Government Code section 36514. 5 allows the Mayor and City 9 Councilmembers to be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
10 G. The travel and expenses reimbursement policy adopted by this resolution is it intendedtoanddoessatisfytherequirementsofGovernmentCodesections53232.2 and53232. 3. 12 SECTION 2. Adoption of Reimbursement Policy. The " City of Hemet Reimbursement Policy for Elected and Appointed Officials" as set forth in Attachment " A," is 13 hereby adopted, and will apply to all applicable requests for the reimbursement of expenses incurred after January 1, 2006.
14 SECTION 3. The City Clerk must certify to the adoption of this Resolution. 15 PASSED, APPROVED, AND ADOPTED this 14°i day of March, 2006. 16 17
18 Robi kLoor
19 20 APPROVEDASTO FQP
21 22
23 24 ATTEST:
25 26
StephenYB. Clayton, City CI -44
27 28
CITYCOUNCILRESOLUTIONNO. 4ppq

REIMBURSEMENT POLICY FOR ELECTED AND APPOINTED OFFICIALS

14.K

I State of California )
County of Riverside )
2 City of Hemet )
3 I, Sarah McComas, Deputy City Clerk of the City of Hemet, do hereby certify that the foregoing Resolution is the actual Resolution adopted by the City Council of the City of Hemet 4 and was passed at a regular meeting of the City Council on the 14thday of March, 2006 by the following vote:
5 AYES: Council Member VanArsdale, Vice Mayor Sear], and Mayor Lowe 6 NOES:
7 ABSTAIN:
8 ABSENT: Council Member Christie, and Council Member Meadows 9 10
11 12
Sarah McComas, Deputy City Clerk
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 CITY COUNCIL RESOLUTION NO. 4004

REIMBURSEMENT POLICY FOR ELECTED AND APPOINTED OFFICIALS LA # 4835- 0133- 2480 vl
3/ 1/06

14.K

CITY OF HEMET
Attachment " A"
Reimbursement Policy for Elected and Appointed Officials

PURPOSE
To establish a policy for the reimbursement of expenses incurred by elected and appointed officials ( hereinafter " officials") of the City of Hemet (" City') in the performance of City business. This Policy will be applicable to all elected or appointed members of any legislative body (as defined in Government Code Section 54952(a), b)) of the City, including the City Council, Planning Commission, Simpson Center Advisory Commission, Traffic and Parking Commission, Disaster Planning Commission, Parks Commission, Mobilehome Rent Review Commission, Library Board and any other City -affiliated commission, committee, board, or other body created by ordinance, resolution, or formal action of the City Council.

POLICY
It is the policy of the City to reimburse actual and necessary expenses incurred by officials in the performance of City business.

A. Activities Eligible for Expense Reimbursement
Expenses incurred in connection with the following types of activities are eligible for reimbursement:

1. Attendance and participation at meetings of the official' s legislative body or at meetings of an advisory body of the legislative body.

2. Attendance and participation at meetings of any body or organization to which the official has been appointed by the official' s governing or legislative body or at which the official serves as a designated representative of the City.

3. Communicating with constituents on matters within the jurisdiction of the official' s legislative body.

4. Attending community events as a representative of the City.

LA # 4818- 7053- 0656 v I 1

14.K

5. Communicating with representatives of local, regional, state and national government on City matters, policy positions, or legislation that may affect the City.

6. Participating in local, regional, state and national organizations and entities whose activities affect City interests.

7. Attending seminars designed to improve officials' skill and information levels.

Reimbursement for expenses incurred with respect to activities not authorized above require prior approval by the City Council or applicable legislative body.

B. Expenses Authorized for Reimbursement

1. Transportation. Transportation expenses incurred in connection with activities authorized under Section A of this Policy are subject to the following requirements:
a. Airlines and Other Commercial Carriers: Travel reimbursement is generally limited to coach class fare at government rates or group rates when available. Fares that are equal to or less than those available through the through the League of California Cities or the State of California ( www. catraveismart. com) are presumed to be economical and reasonable for purposes of reimbursement. If rates comparable to those available through the League of California Cities or the State are either not available or the fare to the applicable destination is not specified by these sources, then fares that do not exceed the median retail price of the fares posted on websites like www. expedia. com or www. travelocity. com, or an equivalent service will be considered reasonable.
b. Automobile ( Personal Vehicle): Travel using personal vehicles will be reimbursed at the IRS mileage rate in effect at the time.

C. Car Rental: Rental vehicles may be used if more economical and reasonable than other forms of transportation. Rental is generally limited to the most economical and reasonable mid- sized vehicle.

Government rates or rental rates that are equal or less than those listed by the State of California ( www. catravelsmart. com) will be considered the most reasonable and economical for purposes of reimbursement. If government rates or rates comparable to those listed by the State are either not available or the State does not specify a rate for a particular location, then rental rates that do not exceed the median retail price of the rates posted on websites like www. expedia. com or www. travelocity. com, or an equivalent service will be considered reasonable.

LA # 4818- 7053- 4656 v1 2

14.K

d. Taxis/ Shuttles: Taxi or shuttle fares, when reasonable and necessary, will be reimbursed, including a 15% gratuity per fare.

2. Lodging. Lodging expenses incurred in connection with activities authorized under Section A of this Policy when travel requires an overnight stay are subject to the following requirements:
a. Officials must use government or group rates for lodging when available.
b. If lodging is in connection with a conference or organized activity, lodging expenses must not exceed the maximum group rate published by the conference or activity sponsor if such rate is available at the time of booking.

C. If group or government rates are not available, lodging rates that do not exceed the median retail price for lodging in the area listed on websites like www. hotels. com or an equivalent service will be considered reasonable.

3. Meals. Meal expenses incurred in connection with activities authorized under Section A of this Policy will be reimbursed at the applicable IRS meal rates in effect at the time.

4. Miscellaneous Expenses. Actual and necessary miscellaneous business expenses, as defined by the IRS and incurred in connection with activities authorized under Section A of this Policy, may be reimbursed.

C. Reporting

1. Report Forms. Officials shall submit their expense reports within 30 calendar days after the end of the month in which the expense was incurred, accompanied by receipts documenting each expense. In no event may a request for reimbursement be submitted later than the close of the fiscal year in which the expense was incurred absent exigent circumstances.

2. Reports to City Council, Board. or Commission. Each official must briefly report, subject to the Brown Act, on outside meetings that are attended at public expense at the next regular meeting of the official' s legislative body.

If multiple officials attended such a meeting, a joint report may be made.

3. Expense Reports As Public Records. All expense reports of officials and City reimbursement expenditures are public records subject to disclosure under the Public Records Act and other applicable laws.

LA # 4818- 7053- 4656 v1 3

14.K

APPENDIX E – PROCEDURAL RULES FOR QUASI-JUDICIAL

HEARINGS
Rule 1 - Hearing Procedures

1.01 The Mayor shall announce the agenda item number and state the subject of the agenda item. The Mayor shall then identify that the agenda item is a quasi-judicial hearing and announce that the hearing is open.

1.02 The Mayor shall direct the City Clerk to administer the following oath to any person that desires to testify before the City Council on the item:

"Any member of the public wishing to address this City Council on this item please stand and raise your right hand."

The City Clerk shall then administer the following oath:

"Do you solemnly affirm that the testimony you are about to give before the City Council will be the truth, the whole truth, and nothing but the truth? If so, please say 'I do."'

1.03 The Mayor shall then request that the members of the City Council disclose any communications they have had under Rule 6 or any item required to be disclosed under the Council Protocols.

1.04 The Mayor shall then invite the City Manager, or other appropriate City staff member, to report on the item including any recommendation that they might have.

The City Manager, or other appropriate City staff member shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to report on the item.

1.05 The Mayor shall then ask members of the City Council if they have any questions for the City staff giving the report. At this point, the members of the City Council may ask clarifying questions to the City staff person who reported on the item and City staff shall be given a reasonable amount of time to respond.

1.06 The Mayor shall then invite the applicant or appellant, if any, to provide evidence and testimony on the item. The applicant or appellant shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to provide evidence and testimony.

1.07 The Mayor shall then ask members of the City Council if they have any questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given time to respond. The Mayor shall then invite any members of the public to provide evidence and testimony on the item. The Mayor shall inquire as to whether the member of the public has been sworn in and request that they state their name

14.K

and address for the record. Members of the public shall have a reasonable amount of time, not to exceed three (3) minutes, to provide evidence and testimony.

1.08 The Mayor shall then invite the applicant or appellant, if any, to provide any rebuttal evidence and testimony. The applicant or appellant shall have a reasonable amount of time, not to exceed five (5) minutes, to provide rebuttal evidence and testimony.

1.09 The Mayor shall then ask members of the City Council if they have any final questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given a reasonable amount of time to respond.

1.10 The Mayor shall then announce that the public hearing is closed and invite a motion for the City Council to consider. The Mayor shall announce the name of the member of the City Council who makes the motion. The Mayor shall then invite a second to the motion and announce the name of the member of the City Council who seconds the motion.

1.11 The Mayor shall then invite members of the City Council to discuss the motion. If there is no desired discussion, or after the discussion has ended, the Mayor shall then announce that the City Council will vote on the motion. If there has been no discussion or only brief discussion, the vote may proceed immediately. If there has been substantial discussion, the Mayor may ask the City Clerk to read the motion before the vote is taken.

1.12 The City Council shall memorialize the decision in writing and may instruct the City Manager to prepare a written decision for approval during a subsequent meeting of the City Council.

Rule 2 - Hearings Are Informal; Rules of Evidence

Quasi-judicial hearings before the City Council are intended to be informal in nature and accessible to members of the public. Formal rules of evidence and discovery do not apply.

Rule 3 - Records of Proceedings

The City Clerk shall record all quasi -judicial hearings by audio and/or video recording device, as available.

Rule 4 - Time Limits

Notwithstanding the time limits contained in Rule 1 above, the Mayor shall give City staff providing the report on the item, the applicant or appellant bringing the matter before the City Council, and any other person with a direct interest in the decision sufficient time to

14.K

provide evidence and testimony, and may, at the discretion of the Mayor, allow for additional time.

Rule 5 - Oaths; Identification

Any person wishing to provide testimony during a quasi-judicial hearing may do so without the oath described in these Rules being administered or providing their name and address. The City Council may determine both the weight and credibility given to unsworn or anonymous testimony.

Rule 6 – Communications

6.01 Members of the City Council may receive information relevant to the item through communications with any person prior to the hearing. These communications are known as "ex parte communications" and are substantive oral or written communications concerning quasi-judicial matters that occur outside of the quasi- judicial hearing. Such communications raise due process concerns for the parties involved in the hearing. When members of the City Council have had ex parte communications relevant to the quasi -judicial hearing, the Member of the City Council shall disclose the communication and the substance of the information received at the beginning of the hearing.

6.02 While the hearing is before the City Council, there shal l be no communication, direct or indirect, regarding any issue in the proceeding, to the members of the City Council, without notice and an opportunity for all persons present at the hearing to participate in the communication.

6.03 Ex parte communications after the hearing has closed and before the final decision is rendered are prohibited because there is no opportunity for rebuttal.

Rule 7 – Attention

The Members of the City Council shall be attentive to the evidence and testimony being presented.

Rule 8 - Identification of Quasi-Judicial Matters on the Agenda

The City Manager, in consultation with the City Attorney, will identify agenda items involving quasi-judicial decisions on the agenda for the City Council with reference given to these Rules. This identification is intended to inform the City Council, interested parties, and the public that these Rules will apply to the item, but the failure to identify an item shall not be cause for continuance.

14.K

APPENDIX F – ADMONITION/CENSURE POLICY

CITY OF HEMET

ADMONITION/CENSURE POLICY

I. Purpose

This policy applies to the elected and appointed officials of the City of Hemet and concerns conduct offensive to the laws, regulations, rules, and norms governing ethical, effective, and transparent government. Any action taken by the City Council under this policy shall be a final action and is not subject to an appeal or reconsideration.

II. Policy

It is the policy of the Council that all elected and appointed officials of the City shall perform their duties in an ethical and lawful manner that furthers the public interest. Actions counter to these principals undermines the effectiveness of the City government as a whole and foster distrust from the public.

The Council therefore determines that it may take action to admonish or censure any elected or appointed official of the City, by the affirmative votes of a majority of the members of the Council for any of the following (“Violations”):

A. Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City’s or elected/appointed official’s reputation;

B. Failure of the elected or appointed official to observe or perform any of his or her duties and obligations, or failure to follow the provisions of state law or City ordinance or policy, when such failure continues for a period of thirty (30) days from the date of his or her receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure;

C. Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4;

D. Any action or inaction by the elected official that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properly established rules or procedures.

14.K

Depending on the circumstances of alleged violations, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. An investigation, however, is not required.

Nothing in this policy shal l preclude individual elected or appointed officials from making public statements regarding such alleged conduct. While the Council has broad discretion in deciding certain actions it may choose to take for violations of the above, which would not require the Council to adopt policy, including but not limited to voting to remove a elected official from a Committee or Board, a vote of no confidence in a particular elected official, or reassignment of duties as authorized by state law, this policy provides definitions and procedures related to two types of actions: admonition and censure.

III. Admonition

An admonition of an elected or appointed official is informal in nature. An admonition may be issued in response to a particular alleged Violation and may be issued by the Council without any findings of fact regarding allegations. As an admonition it is by its nature a warning or reminder, the Council is not required to conduct an investigation or separate hearings to determine whether the allegation is true. The Council recognizes the right to criticize is protected by the First Amendment, and that the Council may do so as a body.

IV. Censure

Censure is an official reprimand or condemnation made by Council in response to specified conduct by an elected or appoin ted official of the City. Censure is disciplinary in nature and requires the formal adoption of a resolution setting forth the elected or appointed official’s alleged Violation(s). Although not required, censure could involve an investigation and it must protect the due process rights of the elected official being investigated. Censure carries no fine or suspension of the rights of the elected official.

V. Procedure

A. Admonition. The Council may determine, by a vote of a majority of its members, to make an informal admonition at any Council meeting during the Reports of Members portion of the meeting. The Member moving the informal admonition must state on the record the basis for the informal admonition, including the alleged Violation(s). After receiving the motion, the Presiding Officer shall ask for a second. If no second is received, the motion shall not be considered. If a second to the motion to admonish is received, the City Council shall, after discussion and public comment, vote on whether to make the informal admonition.

The vote on the informal
admonition shall then be entered into the minutes by the City Clerk and shall

14.K

state the following:

1. The name of the elected official admonished and the particular type of behavior that is alleged to be Violation(s); and

2. Any direction given to the elected official to correct the behavior that is alleged to be Violation(s).

B. Censure. The Council may, as part of a public hearing item placed on the agenda at a regular meeting of the Council, discuss and take action on to formally censure an elected official. The City Clerk shall provide a formal notice of the public hearing to the elected official who is the subject of the potential censure. The notice shall contain the specific allegations and/or charges on which the proposed censure is based and the date and time that the matter will be heard. At the hearing, the Members who requested the hearing shall have a cumulative total time of no more than 10 minutes to state the reason(s) they are requesting the censure, and the elected official who is the subject of the action shall have up to 10 minutes to respond. Following the hearing, the Council may take action by a majority vote of its members setting forth its findings and decision.

The Council may direct the City Attorney to prepare for adoption at the next regularly scheduled Council meeting, a resolution of censure that clearly sets forth the facts supporting the allegations of misconduct giving rise to the censure. A resolution of censure may include the imposition of such actions against the elected official that are permitted by law, such as removal from a Committee or Board, a vote of no confidence in a particular elected official, or reassignment of duties as authorized by state law

14.K

APPENDIX G – RULES OF DECROUM, RESOLUTION NO. 4545

14.K

1 3

CITY OF HEMET
4 Hemet, California
RESOLUTION NO. 4545
5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
6 OF HEMET, CALIFORNIA, ADOPTING RULES OF
7 DECORUM APPLICABLE TO THE PERSONAL CONDUCT

OF INDIVIDUALS ATTENDING MEETINGS OF THE CITY
8 COUNCIL, PLANNING COMMISSION, LIBRARY BOARD,

HOUSING AUTHORITY, AND ALL OTHER SUBSIDIARY
9 OR ADVISORY BOARDS, COMMISSIONS, OR

COMMITTEES OF THE CITY COUNCIL OF THE CITY OF
10 HEMET.
11 12 WHEREAS, California Government Code Section 36813 authorizes the City 13 Council to establish rules of conduct for its proceedings and the proceedings of bodies 14 subject to the Council's authority, and to punish any person for disorderly behavior at a 15 meeting; and,
16 3 b authorizes the City Council toWHEREAS G overnmentCode Section 54954. aut o Y 17 adopt reasonable regulations to effectuate the Legislative intent that public comments at 18 meetings be limited to items within the scope of the meeting body's jurisdiction; and, 19 WHEREAS, it is the desire and duty of the City Council to ensure its business, 20 and the business of other meeting bodies subject to its authority, is conducted in an 21 orderly, efficient and fair manner and to ensure that the public has a full opportunity to 22 be heard on matters of interest to the community; and, 23 WHEREAS, disruptive conduct at meetings prevents the meeting body from 24 accomplishing its business in an orderly, efficient and fair manner, and may interfere 25 with the right of other individuals to be heard; and, 26 WHEREAS, the City Council of the City of Hemet respects an individual 27 speaker's right to disagree and to express his or her opinions and beliefs. 28 CITY OF HEMET RESOLUTION NO. 4545
1 RIV # 4841- 0392 - 6547 v2

14.K

1 NOW THEREFORE, the City Council of the City of Hemet does find, determine, 2 and resolve as follows:
3 SECTION 1: The Rules of Decorum set forth in Section 2 shall apply to meetings 4 of the City Council, Housing Authority, Planning Commission, Library Board and all 5 other subsidiary or advisory boards, commissions and committees of the City Council of 6 the City of Hemet (hereinafter " Meeting Body" or "Body "). 7 SECTION 2: Rules of Decorum.
8 A. The City Council recognizes that the First Amendment to the United 9 States Constitution preserves the ability of members of the public to criticize and 10 question government and government officers. The City Council also recognizes that 11 the right of members of the public to speak is fundamental and essential to the proper 12 functioning of our democratic government. However, the City Council acknowledges 13 that the right to speak is not absolute, and government may adopt reasonable 14 regulations to protect its legitimate interest in conducting an orderly public meeting, and 15 to ensure that in the exercise of their right to speak, he or she does not impinge on the 16 rights of others. California has codified the right of local government to adopt 17 reasonable regulations of this kind in Government Code Section 54954.3. Accordingly, 18 the City Council for the City of Hemet adopts the following Rules of Decorum. 19 B. Decorum. Meetings shall be conducted in an orderly manner to ensure 20 that the public has a full opportunity to be heard and that the deliberative process is 21 retained at all times. The presiding officer of the Council, who shall be the Mayor of the 22 City Council, the chair of the Meeting Body, or, in their absence, another member so 23 designated by the Meeting Body, shall be responsible for maintaining the order and 24 decorum of meetings.
25 C. Rules of Decorum. While any meeting is in session, the following rules of 26 order and decorum shall be observed:
27 1. Members. The members of the Meeting Body shall preserve order 28 and decorum, and a member shall not by conversation or other means delay or interrupt CITY OF HEMET RESOLUTION NO. 4545
2 RIV # 4841- 0392 - 6547 v2

14.K

1 the proceedings or disturb any other member while speaking. 2 2. City Staff Members. Employees of the City shall observe the same 3 rules of order and decorum as those which apply to the members of the Meeting Body. 4 3. Persons Addressing the Body.
5 a. The primary purpose of oral communications is to allow 6 citizens the opportunity to formally communicate with the Meeting Body as a whole, for 7 matters that cannot be handled during the regular working hours of the City 8 government. Public oral communications at meetings should not be a substitute for any 9 item that can be handled during the normal working hours of the municipal government. 10 b. Each person who addresses the Meeting Body shall do so in 11 an orderly manner and shall not make personal, impertinent, slanderous or profane 12 remarks to any member of the Meeting Body, staff or general public. Any person who 13 makes such remarks, or who utters loud, threatening, personal or abusive language, or disrupts, disturbs or otherwise impedes14 engages in any other disorderly conduct which disru 15 the orderly conduct of any meeting shall, at the discretion of the presiding officer or a 16 majority of the Meeting Body, be barred from further audience before the Body during 17 that meeting.
18 c. No member of the public shall approach the Meeting Body 19 seating area for any reason during a public meeting. 20 4. Members of the Audience. Any person who violates any provision 21 of this Section C.4. shall, at the discretion of the presiding officer or a majority of the 22 Meeting Body, be barred from further audience before the Meeting Body during that 23 meeting.
24 a. No person in the audience at a meeting shall engage in 25 disorderly, disruptive, disturbing, delaying or boisterous conduct, including the utterance 26 of loud, threatening or abusive language, clapping, whistling, stamping of feet or other 27 acts which interrupt, disturb, delay or otherwise impede the orderly conduct of any 28 meeting.

CITY OF HEMET RESOLUTION NO. 4545
3 RIV # 4841 - 0392 - 6547 v2

14.K

1 b. No person shall eat or drink anything other than water during 2 a meeting.
3 c. Unless entering or leaving the meeting room or approaching 4 or standing at the podium to address the Meeting Body, all persons in the audience 5 shall remain seated or standing in an area designated for standing members of the 6 audience, if any. To facilitate a safe and orderly evacuation in an emergency, the 7 doorways to a meeting room shall not be blocked and all aisles and shall be kept clear. 8 d. Persons who desire to video or audio record a meeting or 9 take hoto ra hs during meeting do so in a manner that does not cause unduep g p 9 a 9 ma Y 10 distraction, interfere with the orderly conduct of the meeting, or interfere with the ability 11 of the audience to view, hear or participate in the meeting. 12 i. Persons recording or photographing a meeting must 13 comply with all other applicable provisions of this Resolution, including but not limited to 14 the requirement that they remain seated or standing in an area designated for standing 15 members of the audience, and shall not block any doorway or aisle. 16 ii. Persons may video or audio record or photograph a 17 meeting from their seat if the equipment is compact and can be used in a manner that 18 does not block the view of other members of the audience. 19 iii. There is limited standing space in the Council
20 Chambers for persons to stand. Persons who desire to video or audio record or 21 aphotograph meeting who cannot do so from a seat as allowed in C. 4.d. ii areg 22 encouraged to make arrangements with the City Clerk to reserve standing space for 23 their activities. Standing space is available on a first come, first serve basis. 24 D. Addressing the Body at a Public Meeting.
25 1. A person wishing to address the Meeting Body regarding an item 26 which is on the meeting agenda is asked to submit a request on the form provided, or 27 he or she may seek recognition by the presiding officer during discussion of any such 28 item by coming to the public podium during the public comment period for that item.

CITY OF HEMET RESOLUTION NO. 4545
4 -
RIV # 4841- 0392 - 6547 v2

14.K

1 2. Persons wishing to discuss a non - agenda item are asked to submit 2 a request on the form provided, or may seek recognition by the presiding officer during 3 the oral communications portion of the meeting.
4 3. No person shall address the Meeting Body without first being 5 recognized by the presiding officer. The following procedures shall be observed by 6 persons addressing the Meeting Body:
7 a. Each person shall step to the podium provided for the use of 8 the public and is requested to state his or her name and address; the organization, if 9 any, which he or she represents; and, if during the oral communications portion of the 10 meeting, the subject he or she wishes to discuss. The City requests, but does not 11 require, that the speaker fill out a form provided by the City containing this information to 12 ensure the City has proper records of its speakers and to provide the speakers with 13 appropriate notices in the future. The speaker may decline to state his or her name or 14 address if he or she so desires.
15 b. During the oral communications portion, any subject which is 16 not deemed relevant by the Body shall be concluded.
17 c. Each person shall confine his or her remarks to the agenda 18 item or approved oral communications subject being discussed. 19 d. Each person shall limit his or her remarks to three (3) 20 minutes, unless further time is granted by the presiding officer. When it appears the 21 number of speakers during a public meeting will exceed 15 persons, the presiding 22 officer may limit remarks to two (2) minutes.
23 e. Individuals present at a meeting may request that another 24 person speak on their behalf, and in such cases the speaker should submit a speaker 25 request form stating the names of the individuals present at the meeting who have 26 requested the speaker speak on their behalf, and the individuals present at the meeting 27 who have given their time to the speaker should also submit speaker request forms 28 indicating the name of the speak to whom they have asked to speak on their behalf.

CITY OF HEMET RESOLUTION NO. 4545
5 RIV # 4841- 0392 - 6547 v2

14.K

1 i. A person speaking on behalf of one to four individuals 2 shall be given as much time to speak as would have been allowed if each person had 3 addressed the Meeting Body individually.
4 ii. A person speaking on behalf of five or more
5 individuals shall be given fifteen (15) minutes to speak. 6 iii. Persons addressing the Meeting Body may not
7 request individuals in the audience give them additional time to speak once they have 8 commenced addressing the Meeting Body.
9 iv. A person speaking on behalf of persons who are not 10 present at the meeting will not be given any additional time to speak for those persons 11 who are not present.
12 5. All remarks shall be addressed to the Body as a whole and not to 13 any singlele member thereof, unless in response to a question from such member. 14 6. No question may be asked of a member of the Body or of the City 15 staff without permission of the presiding officer.
16 7. If a person wishes to distribute written materials to the Meeting Body, the 17 person shall submit the materials to the City Clerk or Minutes Secretary before or at the 18 beginning of the meeting. The City Clerk, Minutes Secretary, or a designee will 19 distribute the written materials to the Meeting Body before or during the meeting. 20 E. Addressing the Body at a Public Hearing. No person shall address the Meeting 21 Body without first being recognized by the presiding officer. The following procedures 22 shall apply to persons speaking at a public hearing:
23 1. The project proponent shall be allowed to speak first and given a 24 reasonable time to present their matter. The presiding officer shall determine the 25 reasonable amount of time a project proponent shall be given. 26 2. Upon the conclusion of the project proponent's allotted time, 27 members of the public shall be given the opportunity to comment, subject to the 28 restrictions in paragraph D (Addressing the Body at a Public Meeting) of this Section.

CITY OF HEMET RESOLUTION NO. 4545
6 RIV # 4841 - 0392 - 6547 v2

14.K

1 3. Upon the conclusion of the public comment, the project proponent 2 shall be allowed to speak to rebut any comments made during the public comment 3 portion of the hearing. The project proponent shall be given five (5) minutes of rebuttal 4 time.
5 F. Display of Video and Audio Recordings.
6 1. When Display Is Allowed. Video and audio recordings may be played in 7 presentations to the Meeting Body during the discussion of an item on the agenda, 8 including but not limited to public hearings, work studies, action items, or presentations 9 to the Meeting Body, subject to the limitations in F.2 below. Video and audio recordings 10 shall not be displayed during public comments on items not on the agenda. 11 2. Requirements for Display. Video and audio recordings may be played in 12 presentations to the Meeting Body only if the recording is submitted to the City Clerk at 13 least three (3) business days prior to the meeting. The City may review the recording 14 prior to the Meeting to ensure that it is compatible with the City's technology and does 15 not contain any viruses, malware or would otherwise harm the City's equipment if 16 displayed. The City may refuse to display any video or audio recording that is irrelevant 17 to the agenda item or violates these rules of decorum. The time used to display the 18 video or audio recording, including any set up or loading time, will count toward the 19 presenter's allotted speaking time.
20 G. Enforcement of Decorum. The rules of decorum set forth above shall be enforced 21 in the following manner:
22 1. Warning. The presiding officer shall request that a person who is 23 breaching the rules of decorum be orderly and silent. 24 2. Order to Leave. If, after receiving a warning from the presiding 25 officer, a person persists in disturbing the meeting, the presiding officer shall order him 26 or her to leave the person . If such erson does not remove himself or herself, the 27 presiding officer may request any law enforcement officer who is on duty at the meeting 28 as sergeant -at -arms to remove that person from the meeting.

CITY OF HEMET RESOLUTION NO. 4545
7 RIV # 4841- 0392 - 6547 v2

14.K

1 2. Removal. If the presiding officer has ordered a person who is 2 breaching the rules of decorum to leave a meeting and the person does not comply with 3 the presiding officer's order, any law enforcement officer who is on duty at the meeting 4 as sergeant -at -arms shall assess the situation and may remove the person and place 5 him or her under arrest for violation of California Penal Code Section 403, or any other 6 applicable provision of law.pp p
7 3. Motion to Enforce. If the presiding officer fails to enforce the rules 8 set forth above, any member of the Meeting Body may move to require him or her to do 9 so, and an affirmative vote of a majority of the Meeting Body shall require him or her to 10 do so. If the presiding officer fails to carry out the will of a majority of the Meeting Body, 11 the majority may designate another member of the Body to act as presiding officer forJ Y Y 9 Y p g 12 the limited purpose of enforcing any rule of this section which it wishes to enforce. 13 6. Adjournment. If a meeting is disturbed or disrupted in such a 14 manner as to make infeasible or improbable the restoration of order, the meeting may 15 be adjourned or continued by the presiding officer or a majority of the Meeting Body, 16 and any remaining Council business may be considered at the next meeting." 17 PASSED, APPROVEDAND ADOPTEDthis 25 day of June, 2013. 18 19 41 4
bert You - sef, Mayor
20 21
ATTEST: APPROVED AS TO FORM:
22 24 j Ale
Sarah McComas, City Clerk Eric S. Vail, City Attorney
25 26
27 28
CITY OF HEMET RESOLUTION NO. 4545
8-
RIV # 4841 - 0392 - 6547 v2

14.K

1 State of California
County of Riverside
2 City of Hemet
3 I, Sarah McComas, City Clerk of the City of Hemet, do hereby certify that the 4 foregoingresolutionwaspassed, approvedandadoptedthe25 dayof June, 2013, and 5 was passed by the following vote:
6 7
AYES: Council Members Krupa, Milne and Wright, Mayor Pro Tem Smith 8 and Mayor Youssef
9 NOES:
10 ABSTAIN:
11 ABSENT:
12 13 Sarah McComas, City Clerk
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY OF HEMET RESOLUTION NO. 4545
9 RIV # 4841- 0392 -6547 v2

14.K

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 an Agreement with MGT Impact Solutions, LLC (MGT) in the Amount of $87,564.00 and Authorizing the City Manager or Their Designee to Execute All Contract Documents and Authorize the Administrative Services Director to Establish Additional Appropriations of $37,564 in General Fund 110

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt Resolution of the City Council of the City of Hemet, California, approving an agreement with MGT Impact Solutions, LLC. in the amount of $87,564.00 and authorizing the City Manager or their designee to execute all contract documents .and Authorize the Administrative Services Director to Establish Additional Appropriations of $37,564 in General Fund 110.

BACKGROUND:

Cities conduct Classification Studies (Class Studies) to ensure fair and equitable treatment of its employees in terms of job roles and pay. This comprehensive approach helps cities establish a systematic framework for categorizing various positions based on their duties, responsibilities, and qualifications. Through this systematic framework, cities can establish a fair, competitive, and compliant compensation structure. These components not only address internal equity issues, but also help cities remain attractive to top talent while ensuring compliance and operational efficiency.

Class Studies help cities better understand the roles and responsibilities of each position, allowing for the accurate classification of jobs based on their duties and requirements. Any recommended adjustments help attract and retain qualified individuals which, in turn, fosters and motivates an overall satisfied workforce.

ANALYSIS:

14.L

The City of Hemet (City) has approximately 300 employees occupying approximately 135 classifications. As the City has grown, a citywide Class Study has not been completed in over two decades. In 2022, there was a classification study for the Hemet Mid Manager Association (HMMA) classifications. While there have been some adjustments to classifications over that timeframe, those adjustments have not taken a wholistic approach to the City's classification structure. This has resulted multiple absorbing often positions, hybrid becoming classifications numerous in responsibilities customarily performed by multiple classifications. This approach has realized difficulties in attracting and retaining employees, resulting in high turnover and difficult to fill vacancies.

Although compensation discrepancies have been addressed as part of a City Compensation Study completed in 2024,classification discrepancies have not been addressed.

DISCUSSION:

On August 15, 2024, the City published a Request for Proposal (RFP) through the Planet Bids platform for Citywide Classification Services. The City received and reviewed four qualified proposals upon the closing of the submission period on September 10, 2024 from MGT Impact Solutions, LLC, Uncomplicated HR, Ewing Consulting, Inc, and Gallagher Benefit Services, Inc. Each submission was reviewed against the RFP to ensure that the submission addressed the items included in the RFP.

Among the criteria reviewed for each submission was the scope, methodology, deliverables, price, and any additional classification services offered. After reviewing the submissions, three vendors were invited to a virtual panel interview to present their proposals and answer any clarifying questions regarding the Study.

Upon reviewing the presentations, MGT, provided the best combination of methodology, technology, and services offered, meeting the needs of the City as presented in the RFP. MGT has quoted a comprehensive cost of eighty seven thousand, five hundred and sixty four dollars ($87,564) including direct and indirect costs related to the Study. MGT estimates between four (4) and six (6) months to complete the Study. This includes, but is not limited to, initial meetings with employees; job analysis data collection; employee interviews; drafting new job descriptions; recommending new and/or updated classification structures based on data; and compilation of a final report for presentation to management and Council.

At the conclusion of the Study, the City will be able to make an informed decision on the recommendations made by MGT. These recommendations may include classification adjustments, establishing new classifications, new and/or revised salary ranges, and resources and training on how to maintain an enhanced classification system. Maintaining an up-to-date classification system will serve as a strategic tool for the City to enhance organizational effectiveness, remain attractive and competitive within the job market, promote transparency, and ensure that employees are fairly compensated for their contributions.

Ultimately, a Class Study is more than a mere administrative exercise; it is a strategic investment in the City's most valuable asset—its employees. Through a meticulous examination of job roles and a commitment to equitable compensation, the City aspires to fortify its foundation, ensuring that every employee feels valued, motivated, and ready to contribute their best to the collective success of the City in carrying out the needs of the community.

14.L

Council previously approved $50,000 which is included in the City's FY 24/25 Annual Budget.

Additional appropriations in the amount of $37,564 are being requested. All the proposals exceeded $50,000. See table below.

VENDORS TOTAL COST
MGT $87,564
GALLAGHER $174,000 - $199,000
EWING $80,000 (Small team of 2.)
UNCOMPLICATED HR $97,500

PREVIOUS COUNCIL ACTION:

None

STRATEGIC PLAN INTEGRATION:

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

Objective 2: Increase transparency for the public.

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.

FISCAL IMPACT:

A current appropriation in the amount of $50,000 exists in the adopted Fiscal Year 2024-2025 Budget. An additional appropriation of $37,564 is being requested in General Fund account 110- 2500-2710 (Non-Departmental Professional Services).

ALTERNATIVE(S):

Council may vote to approve this agreement, deny this agreement, or request additional information regarding this agreement.

ATTACHMENT(S):

Classification Study Resolution December 2024
MGT - Citywide Classification Essential Job Functions and Consultation Services - 2025-057

14.L

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING AN AGREEMENT
WITH MGT IMPACT SOLUTIONS, LLC for

CLASSIFICATION STUDY SERVICES
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”) would like to establish a systematic framework for categorizing positions based on their duties, responsibilities, and qualifications; and
WHEREAS, a classification study allows the City to create accurate classification of jobs based on their duties and requirements; and WHEREAS, a classification study has not been completed in approximately 15 years, which is greater than the three to five-year industry standard; and WHEREAS, in an effort to increase Organizational Effectiveness, on August 15, 2024, the City posted a Request for Proposal (RFP) for Classification Study Services; and
WHEREAS, the City received proposals from four (4) firms; MGT Impact Solutions, LLC, Uncomplicated HR, Ewing Consulting, Inc, and Gallagher Benefit Services, Inc; and

14.L

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, interviews were conducted on November 4-5, 2024, by City staff; and
WHEREAS, City staff unanimously recommend the selection of MGT Impact Solutions LLC (MGT), for the City’s Classification Study services; and WHEREAS, MGT will receive compensation not to exceed eighty-seven thousand five hundred and sixty-four dollars including direct and indirect costs, and WHEREAS, MGT will complete project in a four to six month timeframe, and WHEREAS, this agreement does not realize a fiscal impact as a current appropriation exists in the adopted fiscal year 2024-2025 budget, and WHEREAS, the City Council approves the agreement between the City of Hemet and MGT Impact Solutions, 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. Approves the Agreement for Services between the City of Hemet and MGT Impact Solutions, LLC., to provide classification study services, not -to - exceed amount of eighty-seven thousand, five hundred sixty-four dollars ($87,564).

SECTION 3. An additional appropriation in the amount of thirty-seven thousand, five hundred sixty-four dollars ($37,564) is hereby authorized and allocated to the [insert specific purpose or department] for Fiscal Year 2024-2025, in

14.L

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
which fifty-thousand dollars already exists for a total budget allocation of eighty-seven thousand, five hundred sixty-four dollars ($87,564) for Fiscal Year 2024-2025.

SECTION 4. Authorizes the City Manager to execute all documents related to t agreement.

SECTION 5. EFFECTIVE DATE - This Resolution shall become effective upon adoption.

14.L

CITY OF HEMET RESOLUTION NO. 2024-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED this 10th day of December, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

14.L

CITY OF HEMET RESOLUTION NO. 2024-XXX 5
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 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.L

00091740.2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND

MGT IMPACT SOLUTIONS, LLC

A LIMITED LIABILITY COMPANY
AGREEMENT # 2025-057

14.L

00091740.2
Signature Page

PROFESSIONAL SERVICES AGREEMENT

FOR CITYWIDE CLASSIFICATION ESSENTIAL JOB FUNCTIONS AND CONSULTATION SERVICES

BETWEEN THE CITY OF HEMET AND MGT IMPACT SOLUTIONS, LLC THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 11th day of December, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and MGT Impact Solutions, 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 Citywide Classification essential Job Functions and Consultation Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

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

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

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

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

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

SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through December 31, 2025, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties.

14.L

00091740.2
Signature Page
(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 Eighty-Seven Thousand Five Hundred and Sixty-Four Dollars ($87,564.00) (“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