Hemet City Council
May 27, 2025

17.B.

8 Project No. 5764
f) 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. g) 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 Contractor will not constitute a waiver of any of the provisions of this Contract.
h) 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 fair meaning. It will not be interpreted strictly for or against either party. i) 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. j) 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]

17.B.

9 Project No. 5764
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Hemet
By:

Mark Prestwich, City Manager
CONTRACTOR:

All American Asphalt
By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk Contractor’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]

17.B.

EXHIBIT A

CONTRACT DOCUMENTS

1. City of Hemet Contractor Agreement

2. Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council

3. Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal

4. Bid Schedule(s)

5. Addenda and/or Bulletins

6. Plans

7. Special Provisions (Specifications)

8. General Conditions

9. General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented

10. State Standard Specifications

11. State Standard Plans

12. Permits issued by jurisdictional regulatory agencies

13. Electric, gas, telephone, and cable television company specifications and standards

14. Notice of Award

15. Notice to Proceed

16. Certificate(s) of Required Insurance and Worker’s Compensation Insurance

17. Security for Payment (Labor & Materials) and Performance

18. Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.

17.B.

EXHIBIT B

CONTRACT PRICE
Not to Exceed One Million Seven Hundred and Sixteen Thousand Eight Hundred and Thirty-Nine Dollars ($1,716,839.00)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

17.B.

EXHIBIT C

INSURANCE

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

Type of Insurance Limits
Commercial General Liability $5,000,000 per occurrence/$10,000,000 general aggregate
Business Automobile Liability $5,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Professional Liability $2,000,000 per occurrence/$4,000,000 general aggregate
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

2.Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 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 $5,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.

17.B.

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

5.Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and 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 $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate.

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

8.Other Insurance. Contractor 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 Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

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

17.B.

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. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

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

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.

17.B.

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

1.01THAT WHEREAS, CITY OF HEMET (Owner) has awarded to All American Asphalt as Principal, dated the 21st day of May, 2025 (the Contract), titled the City of Hemet Citywide Pavement Rehab - CIP 5764 in the amount of $1,716,839.00, which Contract is by this reference made a part hereof, for the work of the following Contract:

Citywide Pavement Rehab - CIP 5764

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 ($1,716,839.00), 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.

17.B.

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___.

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

END OF DOCUMENT

17.B.

CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated May 21st, 2025 is in the amount of $1,716,839.00 (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 All American Asphalt (Contractor), (Surety), CITY OF HEMET (Owner), or other party shall
be considered plural where applicable.

CONTRACTOR: SURETY:

All American Asphalt
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Citywide Pavement Rehab - CIP 5764, dated May 21st, 2025, in the amount of $1,716,839.00.

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

Name: Name:

Title: Title:

17.B.

BOND TERMS AND CONDITIONS

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

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

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

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

3.2Owner 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 Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

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

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

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

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

17.B.

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

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

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

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

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

6.2Contractor’s obligations to pay liquidated damages; and

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

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

17.B.

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

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

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

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

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

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

14. Definitions

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

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

17.B.

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

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

END OF DOCUMENT

17.B.

17.B.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 27 2025
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving a List of Projects for Fiscal Year 2025-2026 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving a List of Projects for Fiscal Year 2025-2026 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.

BACKGROUND:

Maintenance and Road the created 2017, of and 5, Chapter (SB1), 1 Bill Senate Statutes Rehabilitation Program (RMRP) to address deferred maintenance on the State Highway System and the local street and road system, and the Road Maintenance and Rehabilitation Account (RMRA) for the deposit of various funds for the program. A percentage of this RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

The revenues appropriating (FY) year fiscal each must a adopt Hemet of City and budget expenditures for RMRA funds in accordance with SB1. The City must also submit an adopted list of projects to the California Transportation Commission (CTC) each fiscal year in order to receive RMRA funds.

The Engineering Division has prepared the RMRA proposed project list for FY 2025/26.

ANALYSIS:

17.C.

The City is projected to receive approximately $2,352,469 of RMRA funding in FY 2025-2026. One project is proposed to be funded with the City’s FY 2025-2026 apportionment, which is the FY 25/26 SB1 Citywide Pavement Rehabilitation Project.

The project consists of the reconstruction of approximately 340,000 square feet of existing pavement throughout the City. The project includes the following locations:

 Menlo Avenue – San Jacinto Street to Park Avenue
 Wentworth Drive – Cawston Avenue to National Tube Supply Project  Park Avenue – Yale Street to Dartmouth Street (City Portion)  Carmelita Street – Mayberry Avenue to Whittier Avenue

The estimated project schedule is to start design in July 2025 and complete construction in June 2026. The project's useful life is 20 years.

DISCUSSION:

Currently, there are an abundance of streets in need of rehabilitation or reconstruction throughout the City. This FY 2025-2026 RMRA proposed project has been compiled with locations in need of full reconstruction. The focus of most other projects that will be proposed this fiscal year will be rehabilitation projects intending to catch as much road area as possible in the rehabilitation category before it falls into the reconstruction category.

PREVIOUS COUNCIL ACTION:

There has been no previous Council action.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

There are no impacts to the General Fund.

ALTERNATIVE(S):

17.C.

1. Do not adopt the Resolution adopting the list of projects for FY 2025-2026 funded by Senate Bill 1, the Road Repair and Accountability Act of 2017.

2. Provide an alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1: FY 25-26 SB1 Resolution
Attachment 2: Project Location Map

17.C.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY
SENATE BILL 1: THE ROAD AND ACCOUNTABILITY
ACT OF 2017
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multimodal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City is projected to receive an estimated $2,352,469 in RMRA funding in Fiscal Year 2025-2026 from SB 1; and

17.C.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost- effective projects that also meet the communities’ priorities for transportation investment; and
WHEREAS, the funding received from SB 1 RMRA will help the City reconstruct approximately 340,000 square feet of streets/roads with one project throughout the City this year and many more similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “At Lower Risk” condition and this revenue will help the City work to increase the overall quality of our road system and over the next couple decades we will strive to bring our streets and roads into a “Good” condition; and
WHEREAS, the SB 1 RMRA project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.

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

17.C.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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SECTION 1.FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2.The following list of proposed projects will be funded in part or solely with fiscal year 2025-2026 Road Maintenance and Rehabilitation Account revenues:
(a) Fiscal Year 25/26 SB1 Citywide Pavement Rehabilitation •Project Description: The reconstruction of approximately 340,000 square feet of existing streets throughout the City.
•Project Location:
i. Menlo Avenue – San Jacinto Street to Park Avenue
ii. Wentworth Drive – Cawston Avenue to National Tube Supply Project
iii. Park Avenue – Yale Street to Dartmouth Street
iv. Carmelita Street – Mayberry Avenue to Whittier Avenue •Estimated Project Schedule: Start design July 2025, Complete construction June 2026
•Estimated Useful Life: 20 Years
SECTION 3.EFFECTIVE DATE - This Resolution shall become effective on upon adoption.

17.C.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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PASSED, APPROVED AND ADOPTED this 27th day of May, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.C.

CITY OF HEMET RESOLUTION NO. 2025-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27 th day of May, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.C.

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243
Menifee
Hemet
74 Juniper Springs
Homeland
79 Domenigoni Pkwy
Grand Ave
Winchester
N S
tate
St
Stet son Ave
Pinac ate Rd
State High way 74
State Highw ay 74
Hemet-Ryan
Airport
Valle Hermosa
Sierra Dawn
Estates
East Hemet
San Jacinto
Hemet
Diamond Valley
Lake
R3
Domenig oni Pkwy
Stat
e St
McSweeny
Ranch
Lake Crest
Estates
Soboba
Reservation
Valle Vista
0 10,0005,000 Feet
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FY 2025/2026 RMRA

PROJECT MAP
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\167_EngineeringExhibits_20250318\Maps\Engineering_Exhbits.aprx 4/22/2025 City Boundary
Projects
S Carmalita St (W
Whittier Ave
to W Mayberry Ave)
Wentworth Dr (S
Cawston Ave
to S Sanderson Ave)
E Menlo Ave (S San
Jacinto Ave
to Park Ave)
Park Ave (N Yale St
to
Dartmouth St)

17.C.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 27 2025
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Martha Martinez, Management Analyst, Michael Arellano, Chief of Police;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Accepting the 2024 Federal Justice Assistance Grant (JAG) in the Amount of $24,849, Authorizing the MOU/Interlocal Fiscal Agent Agreement with Riverside County and Authorizing the City Manager to Execute the Agreement on behalf of the City, and Authorizing the Administrative Services Director to Establish an Expenditure Account and Budget for the Grant Period in the Amount of $22,364 (Grant Amount less 10% paid to the Fiscal Agent)

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, accepting the 2024 Federal Justice Assistance Grant (JAG), in the amount of $24,849, authorizing the MOU/Interlocal Fiscal Agent Agreement with Riverside County, and authorizing the City Manager to execute the agreement on behalf of the City, and authorizing the Administrative Services Director to establish an expenditure account and budget for the Grant Period in the Amount of $22,364 (Grant Amount less the 10% paid to the Fiscal Agent).

BACKGROUND:

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The Federal Justice Assistance Grant allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own needs and conditions. The Hemet Police Department has submitted the annual sub-grantee application for the 2024 JAG Grant to the Fiscal Agent, Riverside County (Sheriff’s Department).

ANALYSIS:

The JAG Program – Local Solicitation is a one-time grant award that requires no local match funds.

The Police Department has determined that the most appropriate use of this grant is to partially fund

17.D.

the subscription renewal of the Flock Safety Automated License Plate Reader (ALPR) Camera System.

The ALPR Camera System automatically captures all license plate numbers that come into view, along with the location, date, and time. Sometimes, drivers and passengers are included in the photographs. The information obtained can be used to help prevent and solve crimes.

The grant funds will cover the cost of about nine of the 67 ALPR cameras installed throughout the City. be will cameras remaining the for Funds spring in due is payment Subscription 2026. incorporated into the Police Department’s annual budget.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

No match is required, and grant administration is handled as a collateral duty with existing personnel; therefore, there is no impact on the general fund.

It has been determined that Hemet, along with 15 other cities and the County of Riverside, has been certified as disparate. The Riverside Sheriff’s Department, on behalf of Riverside County, agreed to be the Fiscal Agent (FA) and will be submitting the joint application for all seventeen agencies. A disparate allocation occurs when multiple cities or municipalities are collectively allocated four times (400%) more than the county, and the county bears more than 50% of the collective costs associated with the prosecution or incarceration of each municipality’s Part 1 violent crimes.

It was agreed upon by all of the cities that the Fiscal Agent would receive 10% of the award for administering the grant which is allowed under the JAG guidelines. A MOU regarding the FA agreement was signed by Riverside County’s Board of Supervisors on March 11 and is attached for approval and signature.

The Administrative Services Director will establish revenue and expenditure appropriations for the grant period in Fund 232, Public Safety Grants.

Revenue:
$22,364 Account 232-0582

Expenditure:
$22,364 Account 232-XXXX-2400 Contracts & Leases

ATTACHMENT(S):

17.D.

Attachment 1: Resolution - Acceptance of 2024 JAG
Attachment 2: 2024 JAG Application
Attachment 3: 2024 JAG Interlocal Agreement

17.D.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACCEPTING THE 2024

FEDERAL JUSTICE ASSISTANCE GRANT (JAG) IN THE
AMOUNT OF $24,849, AUTHORIZING THE

MOU/INTERLOCAL FISCAL AGENT AGREEMENT WITH

RIVERSIDE COUNTY AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT ON BEHALF

OF THE CITY, AND AUTHORIZING THE

ADMINISTRATIVE SERVICES DIRECTOR TO ESTABLISH

AN EXPENDITURE ACCOUNT AND BUDGET FOR THE
GRANT PERIOD IN THE AMOUNT OF $22,364 (GRANT
AMOUNT LESS 10% PAID TO THE FISCAL AGENT)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Fiscal Year 2024 Local Solicitation was released in September 2024. This program furthers the Department’s mission by assisting state, local, and tribal law enforcement efforts to prevent or reduce crime and violence; and WHEREAS, the Hemet Police Department submitted an application to the Fiscal Agent, Riverside County (Sheriff’s Department), for the five-year subscription of the Flock Safety ALPR Camera System; and
WHEREAS, within the County of Riverside, there are a total of fourteen cities, along with the County, that have been certified as disparate jurisdictions for the FY2024 JAG funding. Riverside County (Sheriff’s Department) agreed to be the Fiscal Agent and will be submitting the joint application for all fifteen agencies. The required

17.D.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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Memorandum of Understanding (MOU)/Interlocal Agreement requires a signature page from each of the agencies within the disparate group; and WHEREAS, the City Council has determined that it is necessary for the efficient management and operation of the Police Department that the Grant funds be appropriated to the Police Department budget.

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

SECTION 1.FINDINGS – That the City of Hemet accepts the 2024 JAG Grant, when awarded, in the amount of $24,849 and that the terms of the Grant are hereby accepted.

SECTION 2.DETERMINES – That the MOU Agreement be approved and authorization given to the City Manager to sign and upon receipt of the award, the City Council authorized the Administrative Services Director to establish an expenditure account and budget for the grant performance period.

SECTION 3.RESOLVES – This Resolution shall become effective on May 27, 2025.

17.D.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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PASSED, APPROVED AND ADOPTED this 27th day of May, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.D.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27th day of May, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.D.

PROPOSAL NARRATIVE – JAG FY24

The City of Hemet Police Department has determined the best use of the FY24 JAG Grant funds is to partially pay for a subscription renewal for Flock Safety ALPR Camera System. The grant funds will cover the costs for nine of the sixty-seven cameras installed throughout the City.

Subscription renewal for the remaining cameras will be partially paid with the FY22/23 Supplemental Law Enforcement Services Account (SLESA) allocation that is disbursed in monthly installments from Riverside County. Subscription renewal and payment will be due in the winter/early spring of 2025.

An Automated License Plate Reader (ALPR) automatically captures all license plate numbers that come into view, along with the location, date, time, and sometimes the driver and passengers are included in the photographs.

City of Hemet Police Department initially installed 20 ALPR/Community Cameras in Spring of 2020. The Hemet Police Department entered phase 2 in 2022 and phase 3 in 2023, installing and additional 20 and 8 ALPR/Community Cameras respectively. Since the addition of these cameras, the Hemet Police Department has streamlined its investigative efforts, recovered hundreds of stolen vehicles with an estimated value of over $3 million, and arrested hundreds of criminals. Investigators have also utilized the technology several times to successfully and safely obtain investigative leads, resulting in the recovery of human trafficking victims and the

17.D.

arrest of murder suspects, carjacking suspects, and narcotics dealers. In January of 2024, the City of Hemet Police Department got approval for the expansion of this project and an additional 20 cameras have since been installed.

Hemet Police Department’s strategic plan is aimed at providing superior service and protection for the City’s residents, visitors, and workforce. Our intention is to fulfill our vision for community safety and pride by reducing crime and the fear of crime to improve the quality of life and safety for community members, businesses, and visitors; identifying, developing and implementing innovative and strategic technology, partnerships and funding to carry out our mission efficiently and effectively; and expanding partnerships with the community and its leaders to strengthen the public’s role in community safety and create long-term, collaborative solutions. Subscription renewal of the city-wide ALPR community camera system supports the Hemet Police Department’s vision.

Since we are part of a joint (disparate) group, ten percent of our grant award will be used by our Fiscal Agent, Riverside County, for administrative costs.

Our agency will complete any and all required reports and other documents as requested by the Fiscal Agent to fulfill our obligation for this grant.

17.D.

BUDGET NARRATIVE – JAG FY24
The City of Hemet FY2024 JAG allocation in the amount of $24,894 will be used to partially fund the subscription renewal costs of the ALPR/Community Cameras installed throughout the City.

The price per year for each camera subscription is $2,500 so this grant will cover the cost of approximately 9 of the 67 camera subscriptions.

This expense for the subscription renewal of ALPR/Community Cameras falls under two JAG Project Identifiers:
• License Plate Readers
• Surveillance
Approximate Project Costs:

Other (ALPR/Comm Cameras): $22,364
Other (Fiscal Agent 10%): $ 2,485
TOTAL $24,849
City of Hemet UEI Number: DJBVYNK4LEK8

17.D.

A. Personnel
Name/Position Agency Computation Cost
Total Personnel -$
B. Fringe Benefits
Name/Position Agency Computation Cost
Total Fringe Benefits -$
C. Travel
Description Agency Computation Cost
Total Travel -$
D. Equipment
Description Agency Computation Cost
Total Equipment -$
E. Supplies
Description Agency Computation Cost
Total Supplies -$
F. Consultants/Contracts
Description Agency Computation Cost
Total Consultants/Contracts -$
G. Other
Description Agency Computation Cost
Flock Camera Subscriptions Renewal Hemet 22,364.10$
Total Other 22,364.10$
A. Personnel -$
B. Fringe Benefits -$
C. Travel -$
D. Equipment -$
E. Supplies -$
F. Consultants/Contracts -$
G. Other 22,364.10$
Total Project Costs 22,364.10$
Fiscal Agent (10% of award) 2,484.90
Agency Allocation 24,849.00$
Variance -$
Budget Summary
FY2024 JAG Grant
City of Hemet
Budget Detail Worksheet

17.D.

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17.D.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 27 2025
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to the Agreement with JL Group, LLC for Continued Administrative Investigation Services in Employee- Related Matters, for an Annual Not-to-Exceed Amount of $80,000, Authorizing the City Manager to Execute the First Amendment to the Agreement

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving the First Amendment to the Agreement with JL Group, LLC for ongoing investigation services in Personnel- Related Matters, for an annual not-to-exceed amount of $80,000, authorizing the City Manager to execute the First Amendment to the Agreement.

BACKGROUND:

The City agreed with JL Group, LLC (JL Group) on June 4, 2024, to provide administrative investigation services on personnel-related matters. JL Group specializes in providing investigative and administrative services for local government agencies. Since assuming this role, JL Group has successfully assisted the City with administrative investigations on key personnel matters. These investigations have led to outcomes that reduced the City's liability in these personnel matters.

ANALYSIS:

Since the initiation of the agreement with JL Group, there has been a trend of increased costs due to a variety of administrative investigations required on various personnel matters. The increased demand for investigations incurred additional charges in FY 2024-25. Moving forward, the demand for administrative investigations services is expected to decrease; however, with the unpredictable nature of personnel matters, additional services may still be needed in FY 2025-26. Retaining JL Group will be beneficial for the City if the need for investigative services arises.

17.E.

DISCUSSION:

Under the current $50,000 agreement with JL Group, a representative fiscal year with minimal-to-no personnel matters would remain within the limits of the agreement. However, given that personnel matters have seen a continued need for investigative services, a need to increase the annual not-to- exceed amount exists. There is no way to accurately anticipate increased costs due to the nature of personnel matters.

With Council's approval, staff will continue the ongoing agreement with JL Group with a first amendment increasing the annual not-to-exceed amount from $50,000 to $80,000 due to the increased, ongoing, and unanticipated demand for JL Group's services.

PREVIOUS COUNCIL ACTION:

There is no previous Council action for this item as the initial agreement did not exceed the City Manager approval threshold.

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.

FISCAL IMPACT:

This amendment will require a budget transfer in the amount of $12,000.00 from account 100-1801- 2800 to account 100-1801-2710.

ALTERNATIVE(S):

Council may choose to not approve this amendment or may choose to request more information on this amendment for consideration at a later date.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

Attachment 1 - Resolution Approving the First Amendment to the Agreement with JL Group LLC Attachment 2 - First Amendment to the Agreement with JL Group LLC

17.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE FIRST

AMENDMENT TO THE AGREEMENT WITH JL GROUP,

LLC FOR CONTINUED ADMINISTRATIVE

INVESTIGATION SERVICES IN PERSONNEL MATTERS,

FOR AN ANNUAL NOT-TO-EXCEED AMOUNT OF
$80,000, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT TO THE

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

WHEREAS, the City entered into an agreement with JL Group, LLC (JL Group) on June 4, 2024 to provide administrative investigation services on employee-related matters; and
WHEREAS, JL Group specializes in providing investigative and administrative services for local government agencies; and
WHEREAS, JL Group has successfully assisted the City with administrative investigations on key personnel matters, leading to outcomes that reduced the City's liability in these personnel matters; and
WHEREAS, there has been a trend of increased costs due to a variety of administrative investigations required on various personnel matters, although the demand for investigative services is expected to decrease; and

17.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
WHEREAS, retaining JL Group will be beneficial in the event that administrative investigative services are needed in the future.

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

SECTION 1.Approval of the first amendment with JL Group, LLC, increasing the annual not-to-exceed amount from $50,000 to $80,000 annually, authorizing the City Manager to execute the first amendment.

SECTION 2.Authorize the Administrative Services Director to approve a budget transfer in the amount of $12,000.00 from account 100-1801-2800 to account 100-1801- 2710.

SECTION 3.The effective date of this amendment will be May 28, 2025.

17.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
PASSED, APPROVED AND ADOPTED this 27th day of May, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27th day of May, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.E.

00091753.1

FIRST AMENDMENT TO
AGREEMENT 2024-122

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND

JL GROUP, LLC

A LIMITED LIABILITY COMPANY
DATED: MAY 28, 2025

17.E.

00091753.1 Page | 1

FIRST AMENDMENT TO AGREEMENT
This First Amendment to the Professional Services Agreement for Administrative Investigation Services is made and entered into as of this 28th day of May, 2025, by and between the City of Hemet (“City”), a California municipal corporation and JL Group, LLC, a limited liability company (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Professional Services Agreement” dated June 4, 2024 (“Agreement”) for the purpose of retaining services of Consultant to provide Administrative Investigation Services.

B. Pursuant to Section 27 of the Agreement, the Parties desire to amend the Agreement to increase the not-to exceed compensation amount.

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

D. This First Amendment amends Section 4(a) to provide that the Compensation shall not exceed Eighty Thousand Dollars ($80,000.00) per City fiscal year.

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

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

1.1 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to Eighty Thousand Dollars ($80,000.00) per City fiscal year.

2.MANDATORY INVOICE INFORMATION/NOTICES.

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

17.E.

00091753.1 Page | 2
On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

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

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

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

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

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

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

17.E.

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

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

17.E.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 27 2025
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Glen Brock, Police Captain;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Purchase Agreement for Seven Harris XL-200 Portable Radios with associated accessories and software Between the City of Hemet and Cazcom, Inc. in an Amount not to Exceed $61,978.14

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Purchase Agreement for Seven Harris XL-200 Portable Radios with associated accessories and software between the City of Hemet and Cazcom, Inc. in an Amount not to exceed $61,978.14.

BACKGROUND:

The Hemet Police Department relies on portable radios as a critical tool for effective communication during public safety operations. These radios ensure that officers remain connected to dispatch, fellow officers, and mutual aid partners during both routine calls and emergency situations.

Currently, the department possesses three Harris XL-200 radios available in inventory. However, due to recent increases in sworn staffing levels, the department requires additional units to equip newly hired officers, and the existing inventory is insufficient. This purchase will support officer safety and operational readiness by ensuring every field-deployed officer has access to reliable, state-of-the-art communication equipment.

ANALYSIS:

The Harris XL-200 radio is a Project 25 (P25) compliant, multi-band portable radio capable of operating across the VHF, UHF, 700 MHz, and 800 MHz bands. This interoperability is critical for

17.F.

modern law enforcement operations, allowing Hemet officers to seamlessly communicate with regional, state, and federal partners, regardless of the radio frequency spectrum in use.

These radios offer secure encryption, Bluetooth integration, GPS capability, and enhanced audio clarity—essential features for ensuring officer safety and effective incident command.

The selected vendor, Cazcom, Inc., is a reputable public safety communications provider and the regional authorized distributor of Harris equipment. The total cost of $61,978.14 includes the radios, charging stations, speaker microphones, programming, and necessary software licenses.

DISCUSSION:

Acquiring additional Harris XL-200 radios ensures that the Hemet Police Department maintains operational continuity while expanding its field capabilities. This purchase directly supports officer safety, improves interoperability with regional agencies, and prepares the department for evolving public safety challenges.

Staff has reviewed multiple options and confirmed that Harris XL-200 radios remain the most cost- effective, compatible, and strategically advantageous solution for the department’s communication needs. These radios were priced using the NASPO Cooperative Agreement. Funding for this purchase has been identified and is available through existing grants budgeted for public safety allocations.

PREVIOUS COUNCIL ACTION:

Council approved the purchase of 12 XL-Portable radios on September 10, 2024.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Objective 3: Increase Public Safety visibility and response.

GOAL 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:

This purchase is being proposed under the HGAC and HASPO Contracts, both of which are competitively bid national contracts. Existing funding from the Hemet Police Department's 2024 COPS Grant will be used to obtain these radios, so no additional General Fund allocation is required.

17.F.

ALTERNATIVE(S):

1. Do not approve the purchase agreement.

2. Provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1: Resolution - Cazcom 7 XL-200 Radios
Attachment 2: Quote for Seven XL-200 Radios
Attachment 3: Cooperative Agreement

17.F.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE A PURCHASE AGREEMENT
FOR SEVEN HARRIS XL-200 PORTABLE RADIOS WITH

ASSOCIATED ACCESSORIES AND SOFTWARE
BETWEEN THE CITY OF HEMET AND CAZCOM, INC. IN
AN AMOUNT NOT TO EXCEED $61,978.14
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Hemet Police Department relies on portable radios to ensure effective and secure communication among officers, dispatch, and mutual aid agencies during emergency and routine operations; and
WHEREAS, the Department currently has three Harris XL-200 radios in its inventory, which are insufficient to meet the needs of recently increased staffing levels; and
WHEREAS, the Harris XL-200 is a Project 25 (P25) compliant multi-band radio that enables interoperability across VHF, UHF, 700 MHz, and 800 MHz frequencies, allowing seamless communication with agencies statewide; and WHEREAS, acquiring seven additional Harris XL-200 portable radios, along with required accessories and software, will ensure all officers in the field are properly equipped with reliable, secure communications equipment; and

17.F.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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WHEREAS, Cazcom, Inc. is the authorized regional distributor and service provider for Harris radio systems and has provided a quote for the radios and accessories in an amount not to exceed $61,978.14; and
WHEREAS, funds for this purchase are available in the Police Department's current budget.

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

SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby authorizes the City Manager to execute a purchase agreement with Cazcom, Inc. for the acquisition of seven Harris XL-200 portable radios, including associated accessories and software, in an amount not to exceed $61,978.14.

SECTION 3. The City Manager is further authorized to execute any necessary documents and take any additional actions required to effectuate the intent of this resolution.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on May 27, 2025.

17.F.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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PASSED, APPROVED AND ADOPTED this 27th day of May, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.F.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27th day of May, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.F.

Proposal #255919
Date: 5/7/2025
Valid To: 6/6/2025
Prepaired By: Clifford "Ski" Zwarkowski Office: 760 243 2332 Email [email protected] Fax: 760 243 0886
Company: Hemet Police Department
Requested By: Captain Glen Brock
Phone: 951-765-2473
Email: [email protected]
Quantity Item Number Description Each Total
L3/HARRIS XL-200 PORTABLE RADIO
7 XL-PFM1M-NA L3/HARRIS XL-200 Portable Radio (list $3,950.00) 2,923.00$ 20,461.00$ 7 XL-Y3EWP Three Year Warranty 220.00$ 1,540.00$ 7 XL-PL5K FEATURE: OTAP (Over the Air RE-Programming) (List $395.00) 292.30$ 2,046.10$
7 XL-PL5L FEATURE: OTAR (Over the Air Re-Keying) (List $ 700.00) 518.00$ 3,626.00$ 7 XL-PL4F FEATURE: P25 Phase II TDMA (List $275.00) 203.50$ 1,424.50$ 7 XL-PKG8F FEATURE: 256 AES Encryptiion (List $785.00) 580.90$ 4,066.30$ 7 XL-PKGF1 FEATURE: All Bands VHF,UHF,7/800 MHz (List $1,795.00) 1,328.30$ 9,298.10$ 7 XL-PKGPT FEATURE: P25 Trunking (List $1,800.00) 1,332.00$ 9,324.00$ 7 BPPA3VL1XT Battery - 5000 MAH 199.75$ 1,398.25$ 7 XL-NC5Z Antenna - 136-870 Mhz (List $125.00) 92.50$ 647.50$ 7 XL-AE4B Speaker Microphone w/Emergency (List $255.00) 188.70$ 1,320.90$ 7 XL-HC3L Metal Belt Clip (List $35.00) 25.90$ 181.30$ 7 XL-CH6F Single Bay Desk Charger (List $250.00) 185.00$ 1,295.00$ Hi-Desert Communications Equipment: 56,628.95$
17181 Jasmine Street Sales Tax: 4,955.03$
Victorville, CA 92395 Labor:

Travel:

Quote is valid for 30 days after creation. Programming: 210.00$ Shipping: 184.16$
PRICING ON THIS PROPOSAL IS IAW THE CURRENT Total: 61,978.14$

HGAC AND NASPO CONTRACTS

17.F.

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

MASTER GENERAL PROVISIONS

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

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and

WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;

NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting

NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

17.F.

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

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

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

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

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

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

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

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

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

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

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

17.F.

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

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

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

Exemption certificates will be provided upon request.

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

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

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

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

17.F.

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

ARTICLE 21: CHANGE ORDERS AND AMENDMENTS

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

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

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

ARTICLE 22: CONTRACT ITEM CHANGES

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

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

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

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

17.F.

notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.

ARTICLE 23: CONTRACT PRICE ADJUSTMENTS

Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing

Price Increases
Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price.

Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors.

Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet.

All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.

Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to the Bids and Specifications manager, William Burton, at [email protected]

Review/Approval of Requests
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If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.

Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor.

The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.

Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.

ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.

Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.

ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.

Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

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

17.F.

ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.

H-GAC will not pay for any expenses incurred after the termination date of the contract.

A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.

B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.

ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.

ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed.

Determination of force majeure shall rest solely with H-GAC.

ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.

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

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A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.

B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.

ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.

Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis­ Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.

ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.

The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.

ARTICLE 37: INDEMNIFICATION AND RECOVERY
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H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.

ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.

ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.

ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.

These include, but are not limited to:

a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.

ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.

For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.

ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.

ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.

ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.

ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H­GAC's final decision.

ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.

ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.

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

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SIGNATURES:

H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:

L3Harris Technologies, Inc.

Signature $docusign:SignHere::Customer1

Name Harriet Jefferson

Title Lead, Contracts

Date $docusign:DateSigned::Customer1

H-GAC

Signature $docusign:SignHere::InternalSigner

Name Chuck Wemple

Title Executive Director

Date $docusign:DateSigned::InternalSi

DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245 9/29/2021
9/29/2021

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

MASTER SPECIAL PROVISIONS

Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.

Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Master Agreement (“EUA) with the Contractor through this Master Agreement, and that the term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC.

Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.

ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.

Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.

Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H- GAC of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Master Agreement. H- GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC.

Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.

ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.

ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the Customer.

ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.

ARTICLE 11: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery.

Such accessories shall be assembled, installed and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any Customer. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.

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f. Be available for inspection at any time prior to or after procurement.

ARTICLE 12: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.

ARTICLE 13: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering Customer, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.

ARTICLE 14: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. Customer Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount

ARTICLE 15: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the Customer.

ARTICLE 16: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

ARTICLE 17: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.)

ARTICLE 18: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 19: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by Customers for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs.

In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC Customers may decide not to purchase from Contractor. Additionally, H-GAC Customers may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.

ARTICLE 20: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by Customer for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable.

Contractor agrees to provide all certifications required by Customer regarding such programs. With respect to products purchased by Customer for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable.

Contractor agrees to provide all certifications required by Customer regarding such programs.

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

17.F.

ARTICLE 21: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a Customer using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The Customer must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award.

If Contractor intends to qualify for Purchase Orders using federal grant money, the it shall work with the Customer to provide all required certifications and other documentation needed to show compliance.

ARTICLE 22: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

ARTICLE 23: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and Customer Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.

ARTICLE 24: CLEAN AIR AND WATER POLLUTION CONTROL ACT
Customer Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract.

ARTICLE 25: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.

ARTICLE 26: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

17.F.

include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

ARTICLE 27: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds in excess of $150,000, a Customer may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and negotiate with the Customer regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor to Customer will not exceed the awarded pricing, including any applicable discount, under any awarded contract.

ARTICLE 28: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Customer. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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

17.F.

ARTICLE 29: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,

SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

ARTICLE 30: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

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

17.F.

Line Item
Reference
Number
Product
Code
Product Summary
(detailing the items, equipment and/or services
being offered for the specific product code)
Manufacturer Vendor Item Description Bid Price
1 GA Bid Cost L3Harris Various Equipment listed in the catalog with product code BC. List Price 2 GA Combination Model L3Harris Various Equipment listed in the catalog with product code C.. MSRP 26% Discount
3 GA Software Services L3Harris Various Software listed in the catalog with product code L. List Price 4 GA License with Delivery L3Harris Various Licenses listed in the catalog with product code LD. List Price 5 GA Options L3Harris Various Equipment listed in the catalog with product code N. MSRP 26% Discount
6 GA Feature Options L3Harris Various Features listed in the catalog with product code NB. MSRP 26% Discount
7 GA Parts L3Harris Various Equipment listed in the catalog with product code P.

MSRP 26%
Discount
8 GA Service Parts L3Harris Various Equipment listed in the catalog with product code S.

MSRP 26%
Discount
9 GA Vendor Option L3Harris Various Equipment listed in the catalog with product code V.

MSRP 10%
Discount
10 GA Vendor Customizes to L3Harris Specifications L3Harris Various Equipment listed in the catalog with product code VC.

MSRP 10%
Discount
11 GA Special Products L3Harris Various Equipment listed in the catalog with product code 77.

MSRP 10%
Discount
Attachment A
L3Harris Technologies, Inc.

Each catalog listing is identified with an Equipment Class Code where applicable. The code can be found in the above Item Description field. The discount officered in RA05‐21 is based on the Equipment Class Code. The above list of Equipment Class Codes and associated discount off the published list price applies throughout the catalog. The 2021 Product Catalog has been provided in excel format.

Radio Communications/Emergency Response Equipment
Contract No.: RA05-21
All Catalogs effective date: August 1, 2021
DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

17.F.

Revised 6.1.18

AMENDMENT No. 1 to CONTRACT No. RA05-21
For
Radio Communications/Emergency Response Equipment
Between

HOUSTON-GALVESTON AREA COUNCIL
And
L3Harris Technologies, Inc.

THIS AMENDMENT modifies the above referenced Contract as follows:

This contract is extended through July 31, 2024 Midnight CT.

Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives.

Signed for Houston-Galveston Area Council, ____________________________________ Houston, Texas Chuck Wemple, Executive Director

Date: _______________________________

Signed for: L3Harris Technologies, Inc. ____________________________________

Printed Name & Title: ____________________________________

Date: _______________________________

DocuSign Envelope ID: 237309E6-BB3B-4D0E-AA13-C281D2B8A5A4 Jeremy Roe Principal, Contracts
7/26/2023
7/27/2023

17.F.

h-gac.com Serving Today • Planning for Tomorrow
Certification Regarding Debarment HGAC
V9.17.20 Page 1

HOUSTON-GALVESTON AREA COUNCIL

PROCUREMENT AND CONTRACTS

PROGRAM

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION FOR COVERED CONTRACTS
Federal Executive Order 12549 requires the Houston-Galveston Area Council (H-GAC) to screen each covered potential contractor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Each covered contractor must also screen each of its covered subcontractors/providers. In this certification "contractor" refers to both contractor and subcontractor; "contract" refers to both contract and subcontract.

By signing and submitting this certification the potential contractor accepts the following terms:

1. The certification herein below is a material representation of fact upon which reliance was placed when this contract was ent ered into. If it is later determined that the potential contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Houston-Galveston Area Council or other federal department or agency, may pursue available remedies, including suspension and/or debarment.

2. The potential contractor shall provide immediate written notice to the person to whom this certification is submitted if at any time the potential contractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. The words "covered contract," "debarred," "suspended," "ineligible," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549.

Usage is as defined in the attachment.

4. The potential contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Houston-Galveston Area Council or other federal department or agency, as applicable.

Do you have or do you anticipate having subcontractors under this proposed contract? YES NO

5. The potential contractor further agrees by submitting this certification that it will include this certification titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts " without modification, in all covered subcontracts and in solicitations for all covered subcontracts.

6. A contractor may rely upon a certification of a potential subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, at a minimum, obtain certifications from its covered subcontractors upon each subcontract's initiation and upon each renewal.

7. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a covered subcontract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in the transaction, in addition to other remedies available to the federal government, Houston-Galveston Area Council, or other federal department or agency, as applicable, may pursue available remedies, including suspension and/or debarment.

Indicate which statement applies to the covered potential contractor:

The potential contractor certifies, by submission of this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas.

The potential contractor is unable to certify to one or more of the terms in this certification. In this ins tance, the potential contractor must attach an explanation for each of the above terms to which he is unable to make certification. Attach the explanation(s) to this certification.

NAME OF POTENTIAL CONTRACTOR
VENDOR ID NO. /F
EDERAL EMPLOYER ID NO.

Signature
of Authorized Representative Printed/Typed Name of Authorized Representative Date Title of Authorized Representative
DocuSign Envelope ID: 237309E6-BB3B-4D0E-AA13-C281D2B8A5A4

Jeremy S. Roe
July 26, 2023

Principal, Contracts
X
X

17.F.

h-gac.com Serving Today • Planning for Tomorrow
Certification Regarding Debarment HGAC
V9.17.20 Page 2

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective contractor is providing the certification set out below.

2. The inability of a contractor to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such contractor from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

3. The prospective contractor shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR P art 145).

5. The prospective contractor agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

6. The prospective contractor further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions, "provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certif ication is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Non procurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

DocuSign Envelope ID: 237309E6-BB3B-4D0E-AA13-C281D2B8A5A4

17.F.

H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Extension - L3Harris Technologies, Inc. - Public Services - ID: 12868

Revised 19Mar2024

EXTENSION No. 2 to CONTRACT No. RA05-21
For
Radio Communications/Emergency Response & Mobile Interoperability Equipment Between

HOUSTON-GALVESTON AREA COUNCIL
And
L3Harris Technologies, Inc.

THIS AMENDMENT modifies the above referenced Contract as follows:

Contract is extended through Jul 31 2025 Midnight CST or the effective date of the contracts resulting from the most recently awarded Request For Proposal (RFP) for Radio Communications/Emergency Response & Mobile Interoperability Equipment, whichever occurs first.

Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives.

Signed for: Houston-Galveston Area Council $docusign:SignHere::InternalSigner

Chuck Wemple
Executive Director
Date: $docusign:DateSigned::InternalSigner

Signed for: L3Harris Technologies, Inc.

Printed Name:

Title:

$docusign:SignHere::Customer1
Christine Weaver
Lead, Contracts
Date: $docusign:DateSigned::Customer1
Docusign Envelope ID: 3DACDF3E-25AB-4EDC-8B19-4E1B7EDA0F13 7/22/2024
7/23/2024

17.F.

Line Item
Reference
Number
Product
Code
Product Summary
(detailing the items, equipment and/or services
being offered for the specific product code)
Manufacturer Vendor Item Description Bid Price
1 GA Bid Cost L3Harris Various Equipment listed in the catalog with product code BC. List Price 2 GA Combination Model L3Harris Various Equipment listed in the catalog with product code C.. MSRP 26% Discount
3 GA Software Services L3Harris Various Software listed in the catalog with product code L. List Price 4 GA License with Delivery L3Harris Various Licenses listed in the catalog with product code LD. List Price 5 GA Options L3Harris Various Equipment listed in the catalog with product code N. MSRP 26% Discount
6 GA Feature Options L3Harris Various Features listed in the catalog with product code NB. MSRP 26% Discount
7 GA Parts L3Harris Various Equipment listed in the catalog with product code P.

MSRP 26%
Discount
8 GA Service Parts L3Harris Various Equipment listed in the catalog with product code S.

MSRP 26%
Discount
9 GA Vendor Option L3Harris Various Equipment listed in the catalog with product code V.

MSRP 10%
Discount
10 GA Vendor Customizes to L3Harris Specifications L3Harris Various Equipment listed in the catalog with product code VC.

MSRP 10%
Discount
11 GA Special Products L3Harris Various Equipment listed in the catalog with product code 77.

MSRP 10%
Discount
Attachment A
L3Harris Technologies, Inc.

Each catalog listing is identified with an Equipment Class Code where applicable. The code can be found in the above Item Description field. The discount officered in RA05‐21 is based on the Equipment Class Code. The above list of Equipment Class Codes and associated discount off the published list price applies throughout the catalog. The 2021 Product Catalog has been provided in excel format.

Radio Communications/Emergency Response Equipment
Contract No.: RA05-21
All Catalogs effective date: August 1, 2021
DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

17.F.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 27 2025
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Emery Papp, Deputy Director of Community Development, John Maier, City Clerk;

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

TITLE:

Second Reading and Adoption of an Ordinance 2057 of the City Council of the City of Hemet, California, amending Section 90-895 of the Hemet Municipal Code to add subsection (i)(6) allowing High-Quality Chain Link Fencing in the Commercial-Manufacturing (C-M) zone, subject to Administrative Review and approval.

Environmental: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt an Ordinance to Amend Section 90-895 of Chapter 90 (Zoning) of the Municipal Code by adding subsection (i)(6) allowing high-quality chain link fencing in the commercial Manufacturing (C- M) Zone, subject to Administrative Review and approval.

BACKGROUND:

The City of Hemet currently prohibits the construction of new chain link fencing in all commercial zones in the City. Due to rising costs and losses attributed to theft and vandalism, particularly for businesses located within the Commercial-Manufacturing zone, the City was asked by business owners to consider lower-cost options for fencing to secure their properties. The proposed Zoning Ordinance Amendment allows an exception for chain link fencing in the Commercial-Manufacturing zone only, and only when the materials used for the fencing are deemed "High Quality" as described in the draft ordinance, including but not limited to "vinyl-coated or powder-coated chain link with decorative elements."

Pursuant to Section 90-41.4., Review of Applications and Approving Authority of the Hemet Municipal Code, the following shall apply:

17.G.

(a) The Planning Commission shall be responsible for review and recommendation of zoning ordinance amendments and zone map changes to the City Council, completed April 15, 2025.

(b) The City Council shall be responsible for the final review and approval of zoning ordinance amendments and zone map changes.

(c) The zoning ordinance amendment or zone map change shall become effective 30 days following the date of the second reading of the City Council ordinance approving the action.

DISCUSSION:

On April 15, 2025, the proposed Zoning Ordinance Amendment (ZOA) 2025-002 was presented to the Planning Commission for review and a recommendation to the City Council. The Planning Commission expressed some concerns but voted unanimously to recommend approval of the draft Ordinance, subject to the following recommended additional provisions:

 Privacy cloth or shade cloth shall not be used as a "decorative" enhancement or used as screening material for any purpose other than temporary construction fencing; and  Wood, plastic, or other slat material shall not be used as a decorative element, or for screening that is visible from the public right-of-way.

Please note, the attached April 15, 2025 Planning Commission Meeting Minutes and Planning Commission Resolution are in Draft form due to the timing of posting of the Council Agenda, which was before the May 6, 2025 Planning Commission meeting in which the Planning Commission Minutes and Resolution are scheduled to be considered for approval and signature.

On April 25, 2025, the City gave public notice of the May 13, 2025, Public Hearing on this item by advertising in the Press Enterprise newspaper prior to the holding of a Public Hearing at which the project would be considered by the City Council. To date, staff has received correspondence from three Native American Tribes stating they are not affected by the proposed ZOA and have no comment, and one letter from Riverside County Airport Land Use Commission (ALUC) finding the Project to be in compliance with the Airport Land Use Plan. No other comments were received either in favor of or in opposition to the request.

PREVIOUS COUNCIL ACTION:

MOTION BY COUNCIL MEMBER HOWARD-CLARK, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to adopt an Ordinance 2057 to Amend Section 90-895 of Chapter 90 (Zoning) of the Municipal Code by adding subsection (i)(6) allowing high-quality chain link fencing in the commercial Manufacturing (C-M) Zone, subject to Administrative Review and approval.

STRATEGIC PLAN INTEGRATION:

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

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

17.G.

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

Objective 3: Develop programs to offer support to the community's businesses

FISCAL IMPACT:

Costs are nominal and include staff time and City Attorney time to prepare the draft Ordinance, and public noticing advertising costs for two public hearings. Future revenues can be expected from planning entitlement application fees, and building permit and plan check fees when applicable for new construction of high-quality chain link fencing.

ALTERNATIVE(S):

Alternative Recommendations:

1. The City Council may adopt the draft Ordinance as proposed;

2. The City Council may recommend additional modifications to the proposed Zoning Ordinance Amendment;

3. The City Council may remand the draft Ordinance for further vetting back to the Planning Commission;

4. The City Council may disapprove the draft Ordinance.

ATTACHMENT(S):

Attachment No 1 Draft Ordinance 2025-xxx ZOA 2025-002 Chain Link 90-895_i_6 Attachment No 2 PC Staff Report Agenda Packet Item 7.A. 4-15-25 - Pdf Attachment No 3 Revised PC Resolution 2025-xxx 5-6-2025 Attachment No 4 PC Minutes Chain Link 4.15.2025
Attachment No 5 PHN_Ad_CC

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CITY OF HEMET ORDINANCE NO. 2057 1
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2057

AN ORDINANCE OF THE CITY COUNCIL OF HEMET,

CALIFORNIA, ADOPTING ZONING ORDINANCE
AMENDMENT NO. 2025-002, AMENDING SECTION 90-
895 OF THE HEMET MUNICIPAL CODE TO ADD
SUBSECTION (i)(6), ALLOWING HIGH-QUALITY CHAIN

LINK FENCING IN THE COMMERCIAL-

MANUFACTURING (C-M) ZONE SUBJECT TO

ADMINISTRATIVE REVIEW AND APPROVAL
WHEREAS, an application for ZOA 25-002, to amend zoning regulations to allow high-quality chain link fencing in the Commercial-Manufacturing (C-M) zone, subject to administrative review and approval, has been duly filed by:

Applicant/owner: City of Hemet, Riverside County, CA
Authorized Agent: City of Hemet Community Development Department Project Location: City-wide within the Commercial-Manufacturing (C-M) zone
AP Numbers: Numerous
Lot Area: TBD; and
WHEREAS, the Planning Commission has the authority per section 90-41.4. et seq. of the Hemet Municipal Code to take action on ZOA 25-002 to allow high-quality chain link fencing in the Commercial-Manufacturing (C-M) zone; and WHEREAS, on March 25, 2025, the City gave public notice by advertising in the Press Enterprise, of the holding of a public hearing at which the project would be considered by the Planning Commission; and

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CITY OF HEMET ORDINANCE NO. 2057 2
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WHEREAS, on April 15, 2025, the Planning Commission held the noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, ZOA 25-002, and at which the Planning Commission considered the Zoning Ordinance Amendment; and
WHEREAS, the Planning Commission has reviewed the project’s potential effects on the environment and has recommended that the project is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (the “common sense exemption”) as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment; and WHEREAS, on April 25, 2025, the City gave public notice of the May 13, 2025, public hearing on this item by advertising in the Press Enterprise newspaper prior to the holding of a public hearing at which the City Council would consider the project; and WHEREAS, at the public hearing, evidence was presented to the City Council on such matters before it, including all persons desiring to be heard on all matters pertaining to the proposed Ordinance 2024-xxx, and a full and fair hearing was held; and
WHEREAS, subsequent to the public hearing, the City Council adopted an Ordinance entitled “An Ordinance of the City Council of the City of Hemet, California, amending Section 90-895 of the Hemet Municipal Code to add subsection (i)(6) allowing High-Quality Chain Link Fencing in the Commercial-Manufacturing (C-M) zone subject to Administrative Review and approval,” which enabled the first reading of the Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES

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CITY OF HEMET ORDINANCE NO. 2057 3
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HEREBY ORDAIN AS FOLLOWS:

1.Recitals. The above recitals are all true and correct.

2.Amendment to the Hemet Municipal Code Section 90-895. Site Development Requirements. The following edits to Section 90-895.(i)(6) “Site Development Requirements” shall be made as follows:
(6)Exception for Chain Link Fencing in the Commercial-Manufacturing (C-M) Zone.
a. Notwithstanding any other provision of this section, high-quality chain link fencing may be permitted on properties located within the Commercial-Manufacturing (C-M) zone, subject to administrative review and approval by the Community Development Director. b. Approval of chain link fencing under this subsection shall be subject to the following conditions:
i. The fencing shall be constructed of high-quality, coated, and durable materials designed to provide enhanced security and aesthetic compatibility with the surrounding area, as determined by the Community Development Director. Acceptable materials may include, but are not limited to, vinyl-coated or powder- coated chain link with decorative elements.
ii. If the fencing is within the front or street side setback, the Community Development Director shall consider requiring enhanced decorative elements such as tubular steel framing, ornamental posts, or integrated landscaping designed to minimize visual impact.
iii. The height of the chain link fencing shall comply with the maximum height limitations established in this section. iv. Where chain link fencing is proposed adjacent to a residential zone or a site designated for low-density single-family use, the Community Development Director shall consider requiring additional screening elements, such as hedges, slats, or masonry pilasters, to mitigate visual and aesthetic impacts. v.The applicant shall submit detailed plans, including materials, height, location, and any proposed enhancements, for review and approval by the Community Development Director. The Director may impose additional conditions or modifications to ensure compatibility with the intent of this section and the commercial design guidelines.

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CITY OF HEMET ORDINANCE NO. 2057 4
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vi. The use of wood, plastic, or other type of slat material shall not be used on perimeter fencing in view from a public right-of-way. vii. The use of privacy screening cloth or shade cloth shall not be used for any purpose other than temporary construction.

3.CEQA Environmental Findings. The City Council finds that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

4.Severability. If, for any reason, any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

5.Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.

6.Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.

7.Publication. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a

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CITY OF HEMET ORDINANCE NO. 2057 5
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newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c).

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CITY OF HEMET ORDINANCE NO. 2057 6
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INTRODUCED at the regular meeting of Hemet City Council on the 13th day of May, 2025.

APPROVED AND ADOPTED this 27th day of May, 2025.
_________________________
Jackie Peterson, Mayor
ATTEST:
_________________________
John Paul Maier, City Clerk

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CITY OF HEMET ORDINANCE NO. 2057 7
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 27th day of May, 2025.

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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City of Hemet
Planning Commission Meeting

PLANNING STAFF REPORT

Meeting: Planning Commission Meeting - Apr 15 2025
Department: Community Development
Submitted by: Emery Papp, Deputy Director of Community Development

TITLE:

An Ordinance of the City Council of the City of Hemet, California, amending Section 90-895 of the Hemet Municipal Code to add subsection (i)(6) allowing High-Quality Chain Link Fencing in the Commercial-Manufacturing (C-M) zone subject to Administrative Review and approval.

Environmental: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

PROJECT APPLICANT INFORMATION:

Applicant: City of Hemet
Project Location: Citywide Within the C-M Zone

ATTACHMENT(S):

PC Resolution 2025-xxx 4-15-2025
Exhibit 1A Draft ZOA Sec._90_895_i_6
HMT - Chain Link Fence Ordinance
Proof of Publication

RECOMMENDED ACTION:

It is respectfully recommended that the Planning Commission:

1. Receive and consider the staff report and attached documentation related to the proposed Zoning Ordinance Amendment (ZOA) 2025-002; and

2. Adopt Planning Commission Resolution recommending that the City Council Adopt an Ordinance to Amend Section 90-895 of Chapter 90 (Zoning) of the Municipal Code by adding subsection (i)(6) allowing high-quality chain link fencing in the commercial Manufacturing (C-M) Zone subject to Administrative Review and approval; and

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3. Find that the Project is Categorically Exempt from CEQA in accordance with CEQA Guidelines Section 15061(b)(3) the “common sense exemption” as it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment.

Alternative Recommendation:

1. The Planning Commission may recommend additional modifications to the proposed Zoning Ordinance Amendment.

PLANNING COMMISSION APPROVAL AUTHORITY:

Pursuant to Section 90-41.4., Review of Applications and Approving Authority of the Hemet Municipal Code, the following shall apply:

(a)The Planning Commission shall be responsible for review and recommendation of zoning ordinance amendments and zone map changes to the City Council. (b)The City Council shall be responsible for the final review and approval of zoning ordinance amendments and zone map changes.
(c)The zoning ordinance amendment or zone map change shall become effective 30 days following the date of the second reading of the City Council ordinance approving the action.

PROPOSED FINDINGS:

Pursuant to Hemet Municipal Code Section 90-41.5(a), the Planning Commission must make the following findings with respect to this zoning ordinance amendment:

1. The zoning ordinance amendment is in conformance with the latest adopted general plan for the City; and

2. The zoning ordinance amendment will protect the public health, safety and welfare.

Statements of fact in support of these findings are found in the attached Planning Commission Resolution 2025-xxx

CEQA REVIEW:

The Planning Commission finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) (the “common sense exemption”) as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

PUBLIC COMMUNICATIONS RECEIVED:

Notification of the public hearing to be held on April 15, 2025 was achieved via a state mandated 10- day advance public hearing notice published in the Press Enterprise newspaper on March 25, 2025.

To date, staff has received correspondence from three Native American Tribes stating they are not affected by the proposed ZOA and have no comment, and one letter from Riverside County ALUC

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finding the Project to be in compliance with the Airport Land Use Plan. No other comments were received either in favor of or in opposition to the request.

STRATEGIC PLAN INTEGRATION:

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

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

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

Objective 3: Develop programs to offer support to the community's businesses

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Planning Commission Resolution No. 2025-XXX
Zoning Ordinance Amendment (ZOA) 23-003

1 2
3 4CITY OF HEMET
5Hemet, California
6 7PLANNING COMMISSION
8RESOLUTION NO. PC 2025-XXX
9 10A RESOLUTION OF THE PLANNING COMMISSION OF
11THE CITY OF HEMET, CALIFORNIA RECOMMENDING
12THAT THE CITY COUNCIL ADOPT ZONING ORDINANCE
13AMENDMENT NO. 2025-002, AMENDING SECTION 90-895
14OF THE HEMET MUNICIPAL CODE TO ADD
15SUBSECTION (i)(6), ALLOWING HIGH-QUALITY CHAIN
16LINK FENCING IN THE COMMERCIAL-MANUFACTURING
17(C-M) ZONE SUBJECT TO ADMINISTRATIVE REVIEW
18AND APPROVAL
19 20WHEREAS, an application for ZOA 25-002, to amend zoning regulations to allow 21high-quality chain link fencing in the Commercial-Manufacturing (C-M) zone, subject to 22administrative review and approval has been duly filed by:
23 24Applicant/owner: City of Hemet, Riverside County, CA 25Authorized Agent: City of Hemet Community Development Department 26Project Location: City-wide within the Commercial-Manufacturing (C-M) 27zone
28AP Numbers: Numerous
29Lot Area: TBD; and
30 31WHEREAS, the Planning Commission has the authority per section 90-41.4. et 32seq. of the Hemet Municipal Code to take action on ZOA 25-002 to allow to allow high- 33quality chain link fencing in the Commercial-Manufacturing (C-M) zone; and, 34 35WHEREAS, on March 25, 2025, the City gave public notice by advertising in the 36Press Enterprise, of the holding of a public hearing at which the project would be 37considered by the Planning Commission; and,
38 39WHEREAS, on April 15, 2025, the Planning Commission held the noticed public 40hearing at which interested persons had an opportunity to testify in support of, or 41opposition to ZOA 25-002, and at which the Planning Commission considered the 42Zoning Ordinance Amendment; and,
43 44WHEREAS, the Community Development Director has reviewed the project’s 45potential effects on the environment and has recommended that the project is exempt

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Planning Commission Resolution No. 2025-XXX
Zoning Ordinance Amendment (ZOA) 23-003

1from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 215061(b)(3) (the “common sense exemption”) as it can be seen with certainty that there 3is no possibility that the Ordinance may have a significant effect on the environment. 4 5NOW, THEREFORE, the Planning Commission of the City of Hemet does 6Resolve, Determine, Find and Order as follows:
7 8SECTION 1: ENVIRONMENTAL FINDINGS
9 10The Planning Commission, in light of the whole record before it, including but not limited 11to, the City’s Local CEQA Guidelines and Thresholds of Significance, the direction of 12the Planning Commission at its meeting on April 15, 2025 and documents incorporated 13therein by reference, and any other evidence (within the meaning of Public Resources 14Code Sections 21080(e) and 21082.2) within the record or provided at the public 15hearing of this matter, hereby finds and determines as follows:
16 17SECTION 1. CEQA: The City has analyzed this proposed project and has determined 18that it is exempt from the California Environmental Quality Act (CEQA) under 19Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only 20applies to projects that have the potential for causing a significant effect on the 21environment. The Project, ZOA 25-002 in itself does not relate to any physical 22project, will not result in any physical change to the environment, and does not 23affect the land use or density limitations of the General Plan. Therefore, it can be 24seen with certainty that there is no possibility that this Ordinance may have a 25significant adverse effect on the environment and, therefore, the adoption of this 26Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA 27Guidelines.
28 291.Multi-Species Habitat Conservation Plan (MSHCP): The project is found to be 30consistent with the MSHCP. The project is located outside of any MSHCP 31criteria area and mitigation is provided through payment of the MSHCP Mitigation 32Fee.
33 34SECTION 2: ZONING ORDINANCE AMENDMENT FINDINGS
35 36Pursuant to Hemet Municipal Code Section 90-41.5(a), the Planning Commission must 37make the following findings with respect to this zoning ordinance amendment:
38 391.The zoning ordinance amendment is in conformance with the latest adopted 40general plan for the City.
41 42Finding of Fact: The proposed ZOA 25-002 facilitates economic development 43goals and policies of the General Plan by ensuring affordable and quality fencing 44options will be permitted for existing and future businesses located within the

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Planning Commission Resolution No. 2025-XXX
Zoning Ordinance Amendment (ZOA) 23-003

1Commercial-Manufacturing (C-M) zone. The proposed ZOA will allow the opportunity 2for local businesses to more affordably secure their properties, lowering expenses 3related to vandalism and theft, while providing for long-term durability and less 4maintenance cost.
5 62. The zoning ordinance amendment will protect the public health, safety and 38 7welfare.
8 9Finding of Fact: The proposed ZOA 25-002 will promote lower-cost, quality 10fencing materials for businesses located with Commercial-Manufacturing (C-M) zone 11within the City, effectively protecting the public health, safety and welfare. Quality 12materials require less maintenance upkeep, thereby reducing unsafe and dilapidated 13conditions. Quality materials along with attractive designs serve to beautify and secure 14property, while promoting pride in ownership and increase of property value. In this 15manner amending the zoning ordinance will protect the public health, safety, and 16welfare.
17 18SECTION 3: PLANNING COMMISSION ACTION
19 20The Planning Commission hereby takes the following action:
21 22Approve Resolution PC2025-xxx recommending that the City Council adopt the 23proposed Zoning Code Amendment which is attached hereto and incorporated 24herein by reference as Exhibit 1A.
25 26PASSED, APPROVED AND ADOPTED this 15 th day of April 2025, by the 27following vote:
28 29AYES:
30NOES:
31ABSTAIN:
32ABSENT:
33__________________________
34Jacob Beamesderfer, Chair
35Hemet Planning Commission
36ATTEST:
37 38________________________________
39Corina Hernandez, Records Secretary
40Hemet Planning Commission

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Created: 2025-04-03 09:39:51 [EST]
(Supp. No. 67)

Sec. 90-895. Site development requirements.
(a) The commercial design guidelines as established by resolution of the city council are applicable to all new commercial development to complement the mandatory standards in this article. Where there is a conflict or lack of clarity, the provisions of this article shall apply. (b)Measurement of yards. A required yard or other open space around an existing or proposed building shall not be used to meet a required yard or other open space for any other building on an adjoining lot or building site.
(c)Building additions. Subject to site development review pursuant to section 90-48, additions to an existing, legally constructed structure or center may be permitted. The building addition shall not exceed 40 percent of the floor area of the existing structure or center and the coverage requirements of the zone. (d)Height and floor area ratio exceptions.
(1) Structures permitted above a specified height limit may be erected as follows: Structures or walls for the housing of elevators, stairways, tanks, ventilating fans or similar structures, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, radio and television masts, water tanks, silos or similar structures, provided that no roof structure, as listed in this subsection, or any space above the height limit specifically prescribed for particular zones, shall be allowed or used for the purpose of providing usable floor space in excess of that reasonably required to maintain such structures and shall not be used for signage.
(2) For properties within the C-M (commercial manufacturing zone), the reviewing authority may authorize a ten percent increase in the maximum building height for structures that are setback a minimum of 100 feet from a residential use or zone, not including signs. (3) The placement of windows on upper floor levels shall be oriented towards the street if greater than 35 feet in height and the property abuts a residential use or zone. (4) Buildings that exceed the maximum height of the zone in which the use is proposed by 20 percent or less may be considered with the processing of an administrative adjustment permit pursuant to section 90-45, et al of this chapter. Buildings that exceed the maximum height by more than 20 percent may be permitted up to 50 feet in height with the approval of a conditional use permit pursuant to section 90-42 of this chapter. In addition to the findings required to grant a conditional use permit, the planning commission must also find that:
a. The proposed use is a hotel, medical facility, or unique use for which the proposed height is consistent with industry standards.
b. The proposed height does not exceed 50 feet and will not result in a building or site design that detrimentally impacts the sun exposure, air circulation, or privacy of adjacent land uses. c. The proposed height exception is appropriate and necessary for site development and contributes to the commercial development goals of the city. (5) A development project that proposes to increase the maximum allowable floor area ratio by ten percent or less may be considered with the processing of an administrative adjustment permit pursuant to section 90-45, et al of this chapter. A project that proposes to exceed the floor area ratio by more than ten percent to a floor area ratio maximum of 1.0 may be permitted with the approval of a conditional use permit pursuant to section 90-42 of this chapter and subject to the following supplemental findings:
a. The proposed use is a hotel, medical facility, or unique use for which the proposed floor area ratio is consistent with industry standards.

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b. The proposed project is located within the community commercial land use designation of the general plan and the proposed floor area ratio does not exceed 1.0. c. The proposed floor area ratio will not negatively impact infrastructure, municipal services, or the character of the area surrounding the project site.
(e)Accessory structures.
(1) No accessory structure shall be located without an approved primary use and shall be architecturally compatible.
(2) An accessory structure is as defined in section 90-4. An accessory structure greater than 120 square feet is required to obtain a building permit.
(3) Separation between buildings is subject to the requirements of the latest city-adopted uniform building code.
(4) Accessory structures are included in the lot coverage percentage and shall meet the required setbacks of the zone in which they are located.
(f)Exterior lighting. All lighting shall be directed away from nearby residential zones and shall be shielded or directed so as to keep lighting within the boundaries of the site. (g)Service and refuse areas. All service areas, refuse collection areas and trash bins shall conform with the setback requirements and shall be completely screened by a solid fence or wall, or shall be enclosed within a building in accordance with the adopted standards of the city. (h)Landscaping. The following features shall be incorporated into the design of landscaped areas and shall comply with the provisions of article XLVIII.
(1) Landscaping shall be planned as an integral part of the overall project design. (2) Landscaping may include ground cover, trees, shrubs, lawn, and other live plant materials. An appropriate mix of plant materials shall be provided with a maximum of 30 percent of the landscape area planted in turf grass. Landscaping may also include a limited amount of decorative hardscape elements.
(3) Front setbacks and side setbacks abutting a street shall be landscaped and maintained. Trees planted near public sidewalks or curbs shall be of a species and installed in a manner that prevents physical damage to sidewalks, curbs, gutters, and other public improvements. Trees planted within the public right-of-way shall be in conformance with the city's street tree list and planting standards. (4) Sidewalks and walkways providing pedestrian access shall be considered in the design of all landscaped areas. Plants shall be located to not interfere with pedestrian visibility, access, or safety. (5) Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with service lines and traffic visibility areas. Landscaping over 30 inches in height shall not be allowed within a traffic visibility area formed by the intersection of public right-of-way, parking lot entrances and exits, pedestrian right-of-way, driveways, or alleys.
(i)Walls, fencing, and screening. The following features shall be incorporated into project design and in accordance with the commercial design guidelines.
(1)General.
a. No block walls, opaque fencing, chain link, wrought iron, or landscape screening shall be placed within any required front or street side setback unless otherwise allowed by this chapter. b. A six-foot high masonry wall or other solid material shall be located on the rear lot line, unless otherwise deferred as part of a site development plan approval.

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Created: 2025-04-03 09:39:51 [EST]
(Supp. No. 67)

c. A six-foot high wall or wrought iron fence may be located on the interior side lot line up to front setback. Walls or fencing perpendicular to a street or right-of-way shall not exceed four-feet in height for the ten-feet closest to the setback. Chain link fencing is prohibited except for temporary uses, construction sites, or to provide security on vacant lots. (2)Adjacent to residential. When a site adjoins a single-family zone, or a site general planned for low density single-family use, a solid masonry wall six feet in height shall be located adjoining the property line, except adjoining a required front yard; and an area at least ten feet in depth adjoining the property line shall be landscaped with live plant material, including trees. (3)Screening of outdoor storage. For uses where outdoor storage is allowed, it shall be screened by a six- foot high wall, fence or as approved by the director.
(4)Security fencing.
a. Wrought iron or similar fencing may be considered within the required front or street side setback area pursuant to review and approval by the director. b. The director may approve an additional two feet in height to a maximum of eight feet to the required rear yard wall or the permitted interior side yard fencing or wall. (5)Screening of roof-mounted equipment. All roof mounted equipment shall be screened from general view by the public and from public streets and parking lots. (6) Exception for Chain Link Fencing in the Commercial-Manufacturing (C-M) Zone. a. Notwithstanding any other provision of this section, high-quality chain link fencing may be permitted on properties located within the Commercial-Manufacturing (C-M) zone, subject to administrative review and approval by the Community Development Director. b. Approval of chain link fencing under this subsection shall be subject to the following conditions:
i. The fencing shall be constructed of high-quality, coated, and durable materials designed to provide enhanced security and aesthetic compatibility with the surrounding area, as determined by the Community Development Director. Acceptable materials may include, but are not limited to, vinyl-coated or powder-coated chain link with decorative elements. ii. If the fencing is within the front or street side setback, the Community Development Director shall consider requiring enhanced decorative elements such as tubular steel framing, ornamental posts, or integrated landscaping designed to minimize visual impact. iii. The height of the chain link fencing shall comply with the maximum height limitations established in this section.
iv. Where chain link fencing is proposed adjacent to a residential zone or a site designated for low-density single-family use, the Community Development Director shall consider requiring additional screening elements, such as hedges, slats, or masonry pilasters, to mitigate visual and aesthetic impacts.
v. The applicant shall submit detailed plans, including materials, height, location, and any proposed enhancements, for review and approval by the Community Development Director. The Director may impose additional conditions or modifications to ensure compatibility with the intent of this section and the commercial design guidelines. (Ord. No. 1553, § 2, 1-28-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1591, § 1(5), 9-29-98; Ord. No. 1642, § 2, 4-10- 01; Ord. No. 1929, § 1(Exh. A-1), 6-13-17; Ord. No. 1949, § 9(Exh. A, 9), 9-25-18; Ord. No. 1971, §§ 1—3, 1-12-21; Ord. No. 1985, § 2, 12-14-21)

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Created: 2025-04-03 09:39:51 [EST]
(Supp. No. 67)

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CITY OF HEMET ORDINANCE NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2025-xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AMENDING SECTION 90-895

OF THE HEMET MUNICIPAL CODE TO ADD
SUBSECTION (i)(6) ALLOWING HIGH-QUALITY CHAIN

LINK FENCING IN THE COMMERCIAL-

MANUFACTURING (C-M) ZONE SUBJECT TO

ADMINISTRATIVE REVIEW AND APPROVAL
WHEREAS, the City of Hemet ("City"), a municipal corporation organized under the laws of the State of California, desires to amend its zoning regulations to allow high-quality chain link fencing in the Commercial-Manufacturing (C-M) zone, subject to administrative review and approval; and
WHEREAS, the City Council of the City of Hemet finds that such an amendment is necessary to provide flexibility for property owners while maintaining aesthetic and security standards consistent with the City's General Plan and commercial design guidelines; and
WHEREAS, the proposed amendment ensures that chain link fencing permitted in the C-M zone meets specified quality standards, including material and design requirements, and is subject to review by the Community Development Director; and WHEREAS, the proposed amendment is consistent with the goals and policies of the City of Hemet General Plan, including promoting high-quality development while accommodating practical security needs for commercial and industrial properties.

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CITY OF HEMET ORDINANCE NO. 2025-XXX 2
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAINS AS FOLLOWS:

SECTION 1. MUNICIPAL CODE AMENDMENT
Section 90-895 of the Hemet Municipal Code is hereby amended to add Subsection (i)(6) as follows:
(i)(6) Exception for Chain Link Fencing in the Commercial-Manufacturing (C-M) Zone. a. Notwithstanding any other provision of this section, high-quality chain link fencing may be permitted on properties located within the Commercial-Manufacturing (C-M) zone, subject to administrative review and approval by the Community Development Director. b. Approval of chain link fencing under this subsection shall be subject to the following conditions:
i. The fencing shall be constructed of high-quality, coated, and durable materials designed to provide enhanced security and aesthetic compatibility with the surrounding area, as determined by the Community Development Director. Acceptable materials may include, but are not limited to, vinyl-coated or powder-coated chain link with decorative elements.
ii. If the fencing is within the front or street side setback, the Community Development Director shall consider requiring enhanced decorative elements such as tubular steel framing, ornamental posts, or integrated landscaping designed to minimize visual impact.
iii. The height of the chain link fencing shall comply with the maximum height limitations established in this section.
iv. Where chain link fencing is proposed adjacent to a residential zone or a site designated for low-density single-family use, the Community Development Director shall consider requiring additional screening elements, such as hedges, slats, or masonry pilasters, to mitigate visual and aesthetic impacts.
v. The applicant shall submit detailed plans, including materials, height, location, and any proposed enhancements, for review and approval by the Community Development Director. The Director may impose additional conditions or modifications to ensure compatibility with the intent of this section and the commercial design guidelines.

17.G.

CITY OF HEMET ORDINANCE NO. 2025-XXX 3
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SECTION 2. CEQA
The City Council finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) (the “common sense exemption”) as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its adoption.

SECTION 6. PUBLICATION
The Mayor shall sign this Ordinance, and the City Clerk shall attest to its passage and adoption.

The City Clerk is hereby directed to publish the ordinance in the manner required by law. [APPROVAL PAGE FOLLOWS]
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17.G.

CITY OF HEMET ORDINANCE NO. 2025-XXX 4
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2025-xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AMENDING SECTION 90-895

OF THE HEMET MUNICIPAL CODE TO ADD
SUBSECTION (i)(6) ALLOWING HIGH-QUALITY CHAIN

LINK FENCING IN THE COMMERCIAL-

MANUFACTURING (C-M) ZONE SUBJECT TO

ADMINISTRATIVE REVIEW AND APPROVAL
PASSED, APPROVED, AND ADOPTED this ___ day of _______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MAYOR OF THE CITY OF HEMET
____________________________________

CITY CLERK
ATTEST
_______________________________

17.G.

CITY OF HEMET ORDINANCE NO. 2025-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance was adopted by the Hemet City Council on the __th day of ______________, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.G.

ZOA25-001/ZOA25-002 - Page 1 of 2
3512 14 Street
Riverside, California 92501
(951) 368-9229
[email protected]
City of Hemet
445 E. Florida Ave
Hemet, California 92543
Account Number: 5209912
Ad Order Number: 0011725831
Customer's Reference/PO Number:

Publication: The Press-Enterprise
Publication Dates: 03/25/2025
Total Amount: $389.53
Payment Amount: $0.00
Amount Due: $389.53
Notice ID: n5nUJISupRERZQdrCNqd
Invoice Text: City of Hemet Notice of Public Hearing The City of Hemet is providing alternative measures for the public to attend/view this public hearing. If you have a comment, please visit hemetca.civicweb.net/Portal/CitizenEngagement.aspx to create a Public Comment Form.” The meeting will be livestreamed online at hemetca.gov/388/Agendas-Minutes . Residents may also speak on an item during Public Comment by using the following zoom link:
https://us02web.zoom.us/j/83233021042 or calling the teleconference line 1 669 900 6833, Webinar ID: 832 3302 1042, Passcode: 635849 NOTICE IS HEREBY GIVEN

THAT A PUBLIC HEARING WILL BE HELD BY THE CITY OF HEMET PLANNING COMMISSION ON THE FOLLOWING: Project: (ZOA 25-001) An Ordinance of the City of Hemet Amending Portion of the Hemet Municipal Code, Chapter 12, to Permit Reduction and Relocation of Existing Static Outdoor Advertising Displays Under Limited Circumstances, and to further Amend Sections of the Hemet Municipal Code to Harmonize current Sections with such Reduction and Relocation Language.

Environmental Determination: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Location of Property: City-Wide Applicant: City-Initiated Project: (ZOA 25-002) An Ordinance of the City Council of the City of Hemet, California, amending Section 90- 895 of the Hemet Municipal Code to add subsequent (i)(6) allowing high- quality chain link fencing in the Commercial-Manufacturing (C-M) zone, subject to

17.G.

ZOA25-001/ZOA25-002 - Page 1 of 2
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Hemet
445 E. Florida Ave
Hemet, California 92543
Publication: The Press-Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011725831
FILE NO. 0011725831

PROOF OF PUBLICATION
I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the above- entitled matter. I am an authorized representative of THE PRESS-ENTERPRISE, a newspaper of general circulation,
printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of
general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case
Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in
accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit:
03/25/2025
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Date: March 25, 2025.

At: Riverside, California
______________________________
Signature

17.G.

ZOA25-001/ZOA25-002 - Page 2 of 2

17.G.

Planning Commission Resolution No. 2025-XXX
Zoning Ordinance Amendment (ZOA) 25-002

1 2
3 4CITY OF HEMET
5Hemet, California
6 7PLANNING COMMISSION
8RESOLUTION NO. PC 2025-XXX
9 10A RESOLUTION OF THE PLANNING COMMISSION OF
11THE CITY OF HEMET, CALIFORNIA RECOMMENDING
12THAT THE CITY COUNCIL ADOPT ZONING ORDINANCE
13AMENDMENT NO. 2025-002, AMENDING SECTION 90-895
14OF THE HEMET MUNICIPAL CODE TO ADD
15SUBSECTION (i)(6), ALLOWING HIGH-QUALITY CHAIN
16LINK FENCING IN THE COMMERCIAL-MANUFACTURING
17(C-M) ZONE SUBJECT TO ADMINISTRATIVE REVIEW
18AND APPROVAL
19 20WHEREAS, an application for ZOA 25-002, to amend zoning regulations to allow 21high-quality chain link fencing in the Commercial-Manufacturing (C-M) zone, subject to 22administrative review and approval has been duly filed by:
23 24Applicant/owner: City of Hemet, Riverside County, CA 25Authorized Agent: City of Hemet Community Development Department 26Project Location: City-wide within the Commercial-Manufacturing (C-M) 27zone
28AP Numbers: Numerous
29Lot Area: TBD; and
30 31WHEREAS, the Planning Commission has the authority per section 90-41.4. et 32seq. of the Hemet Municipal Code to take action on ZOA 25-002 to allow to allow high- 33quality chain link fencing in the Commercial-Manufacturing (C-M) zone; and, 34 35WHEREAS, on March 25, 2025, the City gave public notice by advertising in the 36Press Enterprise, of the holding of a public hearing at which the project would be 37considered by the Planning Commission; and,
38 39WHEREAS, on April 15, 2025, the Planning Commission held the noticed public 40hearing at which interested persons had an opportunity to testify in support of, or 41opposition to ZOA 25-002, and at which the Planning Commission considered the 42Zoning Ordinance Amendment; and,
43 44WHEREAS, the Community Development Director has reviewed the project’s 45potential effects on the environment and has recommended that the project is exempt

17.G.

Planning Commission Resolution No. 2025-XXX
Zoning Ordinance Amendment (ZOA) 25-002

1from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 215061(b)(3) (the “common sense exemption”) as it can be seen with certainty that there 3is no possibility that the Ordinance may have a significant effect on the environment. 4 5NOW, THEREFORE, the Planning Commission of the City of Hemet does 6Resolve, Determine, Find and Order as follows:
7 8SECTION 1: ENVIRONMENTAL FINDINGS
9 10The Planning Commission, in light of the whole record before it, including but not limited 11to, the City’s Local CEQA Guidelines and Thresholds of Significance, the direction of 12the Planning Commission at its meeting on April 15, 2025 and documents incorporated 13therein by reference, and any other evidence (within the meaning of Public Resources 14Code Sections 21080(e) and 21082.2) within the record or provided at the public 15hearing of this matter, hereby finds and determines as follows:
16 17SECTION 1. CEQA: The City has analyzed this proposed project and has determined 18that it is exempt from the California Environmental Quality Act (CEQA) under 19Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only 20applies to projects that have the potential for causing a significant effect on the 21environment. The Project, ZOA 25-002 in itself does not relate to any physical 22project, will not result in any physical change to the environment, and does not 23affect the land use or density limitations of the General Plan. Therefore, it can be 24seen with certainty that there is no possibility that this Ordinance may have a 25significant adverse effect on the environment and, therefore, the adoption of this 26Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA 27Guidelines.
28 291.Multi-Species Habitat Conservation Plan (MSHCP): The project is found to be 30consistent with the MSHCP. The project is located outside of any MSHCP 31criteria area and mitigation is provided through payment of the MSHCP Mitigation 32Fee.
33 34SECTION 2: ZONING ORDINANCE AMENDMENT FINDINGS
35 36Pursuant to Hemet Municipal Code Section 90-41.5(a), the Planning Commission must 37make the following findings with respect to this zoning ordinance amendment:
38 391.The zoning ordinance amendment is in conformance with the latest adopted 40general plan for the City.
41 42Finding of Fact: The proposed ZOA 25-002 facilitates economic development 43goals and policies of the General Plan by ensuring affordable and quality fencing 44options will be permitted for existing and future businesses located within the

17.G.

Planning Commission Resolution No. 2025-XXX
Zoning Ordinance Amendment (ZOA) 25-002

1Commercial-Manufacturing (C-M) zone. The proposed ZOA will allow the opportunity 2for local businesses to more affordably secure their properties, lowering expenses 3related to vandalism and theft, while providing for long-term durability and less 4maintenance cost.
5 62. The zoning ordinance amendment will protect the public health, safety and 38 7welfare.
8 9Finding of Fact: The proposed ZOA 25-002 will promote lower-cost, quality 10fencing materials for businesses located with Commercial-Manufacturing (C-M) zone 11within the City, effectively protecting the public health, safety and welfare. Quality 12materials require less maintenance upkeep, thereby reducing unsafe and dilapidated 13conditions. Quality materials along with attractive designs serve to beautify and secure 14property, while promoting pride in ownership and increase of property value. In this 15manner amending the zoning ordinance will protect the public health, safety, and 16welfare.
17 18SECTION 3: PLANNING COMMISSION ACTION
19 20The Planning Commission hereby takes the following action:
21 22Approve Resolution PC2025-xxx recommending that the City Council adopt the 23proposed Zoning Code Amendment as revised to include the following 24provisions:
25 26vi. The use of wood, plastic, or other type of slat material shall not be used 27on perimeter fencing in view from a public right-of-way. 28vii. The use of privacy screening cloth or shade cloth shall not be used for 29any purpose other than temporary construction.
30 31
32which is attached hereto and incorporated herein by reference as Exhibit 1A. 33 34PASSED, APPROVED AND ADOPTED this 15 th day of April 2025, by the 35following vote:
36 37AYES:
38NOES:
39ABSTAIN:
40ABSENT:
41__________________________
42Jacob Beamesderfer, Chair
43Hemet Planning Commission
44ATTEST:
45

17.G.

Planning Commission Resolution No. 2025-XXX
Zoning Ordinance Amendment (ZOA) 25-002

1________________________________
2Corina Hernandez, Records Secretary
3Hemet Planning Commission

17.G.

Attachment No. 3
Placeholder for 4.15.2025 PC Minutes

17.G.

City of Hemet
Notice of Public Hearing
The City of Hemet is providing alternative measures for the public to attend/view this public hearing. This meeting will be live-streamed on the City's website at https://hemetca.gov/agenda. Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link:
https://hemetca.civicweb.net/Portal/CitizenEngagement.aspx. Comments will be recorded in the official meeting record. POTENTIAL USE OF AB 2449’S JUST CAUSE OR EMERGENCY CIRCUMSTANCES PROVISIONS - In the event a City Councilmember joins the meeting virtually under AB 2449, then members of the public can utilize the number below to participate via teleconference. If all participating Councilmembers are physically present, then the call-in feature will be unavailable, but the meeting can still be viewed at the link:
https://us02web.zoom.us/j/89287711379 or calling the teleconference line 1 669 900 6833, Webinar ID: 865 2954 3878, Passcode:
745765

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY OF HEMET CITY COUNCIL ON THE FOLLOWING:

Project: (ZOA 25-001) An Ordinance of the City of Hemet Amending Portion of the Hemet Municipal Code, Chapter 12, to Permit Reduction and Relocation of Existing Static Outdoor Advertising Displays Under Limited Circumstances, and to further Amend Sections of the Hemet Municipal Code to Harmonize current Sections with such Reduction and Relocation Language.

Environmental Determination: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Location of Property: City-Wide
Applicant: City-Initiated
Project: (ZOA 25-002) An Ordinance of the City Council of the City of Hemet, California, amending Section 90- 895 of the Hemet Municipal Code to add subsequent (i)(6) allowing high-quality chain link fencing in the Commercial-Manufacturing (C- M) zone, subject to administrative review and approval.

Environmental Determination: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Location of Property: City-Wide
Applicant: City-Initiated
Date of Hearing: May 13, 2025
Time of Hearing: 6:00 PM
Place of Hearing: Hemet Public Library, 2 nd Floor, 300 E. Latham Avenue, Hemet, CA 92543 Should you have any questions concerning this project, please contact Monique Alaniz-Flejter at (951) 765-2370 or [email protected]

ANY INTERESTED PARTY MAY SUBMIT WRITTEN COMMENTS PRIOR TO THE HEARING OR APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE PROJECT APPLICATION(S) AND RELATED DOCUMENTS ARE AVAILABLE FOR INSPECTION. DUE TO COVID, PLEASE CONTACT THE PROJECT PLANNER TO INSPECT DOCUMENTS. AS A RESULT OF THIS PUBLIC HEARING AND COMMENTS, THE PROPOSED PROJECT MAY BE EITHER ACCEPTED AS PRESENTED, MODIFIED, OR DENIED. IF

YOU CHALLENGE THE NATURE OF THE ABOVE LISTED ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY

THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OFFICES, AT, OR PRIOR TO, THE PUBLIC HEARING.

17.G.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 27 2025
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding All American Asphalt the Fiscal Year 24/25 Citywide Pavement Rehabilitation Project, CIP 2407, in the Amount of $3,589,372, Waiving Contract Execute to Manager City all Authorizing Irregularities, Bid Minor any the Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount of Amount the in Testing $358,937; Approving approximately or $32,012; Materials Authorizing the Administrative Services Director to Transfer $138,611 of Measure 'A' Funds from CIP 5761 to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding All American Asphalt the Fiscal Year 24/25 Citywide Pavement Rehabilitation Project, CIP 2407, in the Amount of $3,589,372, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or approximately $358,937; Approving Materials Testing in the Amount of $32,012; Authorizing the Administrative Services Director to Transfer $138,611 of Measure 'A' Funds from CIP 5761 to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

BACKGROUND:

The City of Hemet receives Measure 'A' funds annually to pay for local streets and road improvement projects. The Fiscal Year 2024/2025 Citywide Pavement Rehabilitation Project totals over 600,000 square feet of roadway rehabilitation improvements, including ADA ramps, and is eligible for Measure 'A' funding. The project was approved by the City Council as part of the City’s Five-Year CIP on August 13, 2024.

The bid package was approved by the City Engineer on April 21, 2025, and the City of Hemet solicited bids from 380 vendors on Planet Bids. Planet Bids is the City’s bid solicitation service

17.H.

provider, where interested bidders could obtain the complete bid document package. On April 25, 2025, the Notice Inviting Bids was published in the Press Enterprise.

ANALYSIS:

On May 19, 2025, the Procurement Administrator received five (5) bids, as shown below:

1. All American Asphalt $3,589,372

2. Calmex Engineering, Inc. $3,649,045

3. Hardy & Harper, Inc. $3,793,696

4. R.J. Noble Company $4,032,109

5. Onyx Paving Company, Inc. $4,078,652

Formal bidding procedures were followed in conformance with the Public Contracts Code. After reviewing the bids, it was determined by staff that All American Asphalt is the verified lowest responsive and responsible bidder.

DISCUSSION:

The Fiscal Year 24/25 Citywide Pavement Rehabilitation Project (CIP 2407) consists of grind and overlay and full-depth reclamation of existing asphalt, and construction of curb, gutter, sidewalk, and ADA ramps. The project includes portions of Hemet Street, Sanderson Avenue, Cordova Drive, Mariposa Drive, Palos Drive, Alessandro Street, and Bariloche Lane.

PREVIOUS COUNCIL ACTION:

August 13, 2024, Council approved the Fiscal Year 2024-2025 through Fiscal Year 2028-2029 Capital Improvement Program.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Objective 3: Increase Public Safety visibility and response.

FISCAL IMPACT:

by funded is 2407) (CIP Project Year Pavement Citywide 24/25 a Fiscal The Rehabilitation $1,900,000 Measure 'A' allocation and a $2,000,000 General Fund allocation with a total of $3,900,000 appropriated.

The total project costs are as follows:

Survey $35,570

17.H.

Geotechnical $22,320
Advertisement/CEQA/Printing $400
Construction Contract $3,589,372
Contingency (10%) $358,937
Materials Testing $32,012
Total Project Cost $4,038,611

Measure 'A' Allocation $1,900,000
General Fund Allocation $2,000,000
Transfer From CIP 5761 (Measure 'A') $138,611
Total Project Allocation $4,038,611

Staff is requesting to transfer $138,611 of remaining Measure 'A' funds from CIP 5761 to fund the total project costs.

ALTERNATIVE(S):

1. Do not award the construction agreement to All American Asphalt.

2. Provide an alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1: Resolution - CIP 2407 Construction Award
Attachment 2: Bid Summary
Attachment 3: Bids Received
Attachment 4: Draft Agreement
Attachment 5: Project Location Map

17.H.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AWARDING ALL AMERICAN
ASPHALT THE FISCAL YEAR 24/25 CITYWIDE
PAVEMENT REHABILITATION PROJECT, CIP 2407, IN
THE AMOUNT OF $3,589,372, WAIVING ANY MINOR BID

IRREGULARITIES, AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL CONTRACT DOCUMENTS;

APPROVING ADDITIONAL CONSTRUCTION
EXPENDITURES NOT TO EXCEED 10% OF THE
CONTRACT AMOUNT OR APPROXIMATELY $358,937;

APPROVING MATERIALS TESTING IN THE AMOUNT OF
$32,012; AUTHORIZING THE ADMINISTRATIVE
SERVICES DIRECTOR TO TRANSFER $138,611 OF
MEASURE 'A' FUNDS FROM CIP 5761 TO FUND THE
TOTAL PROJECT COST; AND AUTHORIZING THE CITY

CLERK TO RECORD THE NOTICE OF COMPLETION

UPON ACCEPTANCE OF THE WORK BY THE CITY

ENGINEER
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 receives Measure “A” funds annually to pay for local streets and road improvement projects; and
WHEREAS, CIP 2407 includes over 600,000 square feet of pavement rehabilitation improvements and ADA improvements eligible for Measure “A” funds; and WHEREAS, the project was approved by City Council as part of the City’s 5-year Capital Improvement Program on August 13, 2024; and

17.H.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, the project was advertised for bids on April 21, 2025 on Planet Bids where 360 vendors were solicited, and the Notice Inviting Bids was published in the Press Enterprise on April 25, 2025; and
WHEREAS, on May 19, 2025, the City received 5 bids in which formal bidding procedures were followed in conformance with the Public Contracts Code; and WHEREAS, after reviewing the bids, it was determined by staff that All American Asphalt is the verified lowest responsive and responsible bidder; and WHEREAS, 24/25 Citywide Pavement Rehabilitation Project (CIP 2407) consists of grind and overlay and full depth reclamation of existing asphalt, and construction of curb, gutter, sidewalk and ADA ramps; and
WHEREAS, the project includes portions of Hemet Street, Sanderson Avenue, Cordova Drive, Mariposa Drive, Palos Drive, Alessandro Street and Bariloche Lane; and WHEREAS, staff recommends to waive any minor irregularities within the All American Asphalt bid submittal; and
WHEREAS, staff recommends to award a City of Hemet Contractor Agreement to All American Asphalt in the amount of $3,589,372; and WHEREAS, staff recommends the City Council authorize the City Manager to execute all contract documents and to approve additional project expenditures not to exceed $358,937, which is approximately 10% of the contract amount; and WHEREAS, staff recommends the City Council approve materials testing in the amount of $32,012; and

17.H.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, staff recommends the City Council Authorize the Administrative Services Director to transfer $138,611 of remaining Measure ‘A” funds from CIP 5761 to fund the total project cost; and
WHEREAS, the timeline for completion of the project is fifty (50) working days; and
WHEREAS, staff recommends the City Council Authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.

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

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

SECTION 2. APPROVAL - Approve the construction agreement for the fiscal year 24/25 Pavement Rehabilitation Project, CIP 2407, to All American Asphalt in the amount of $3,589,372 and waive any minor bid irregularities.

SECTION 3.EXECUTION - Authorize the City Manager to execute all contract documents.

SECTION 4.CONTINGENCY - Approve additional construction expenditures not to exceed approximately 10% of the contract amount or $358,937 and approve materials testing in the amount of $32,012.

SECTION 5.APPROPRIATIONS - Authorize the Administrative Services Director to transfer $138,611 of remaining Measure ‘A” funds from CIP 5761 to fund the total project cost.

17.H.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
SECTION 6. NOTICE OF COMPLETION - Authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.

PASSED, APPROVED AND ADOPTED this 27th day of May, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.H.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27 th day of May, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.H.

City of Hemet
Bid Results for Project 2024/25 Citywide Pavement Rehabilitation ‐ CIP 2407 Issued on 04/21/2025
Bid Due on May 19, 2025  3:00 PM (PDT)
Exported on 05/19/2025
Line Totals (Unit Price * Quantity)
ItemSection Description UOM QTY Unit  Price Line  Total Unit  Price Line  Total Unit  Price Line  Total Unit  Price Line  Total Unit  Price Line  Total 1 Imported Items Mobilization  / Demobilization (Not to Exceed 5%) LS 1 $160,000.00 $160,000.00 $115,000.00 $115,000.00 $78,750.00 $78,750.00 $201,000.00 $201,000.00 $100,000.00 $100,000.00 2 Imported Items Temporary  Traffic and Pedestrian Control LS 1 $195,000.00 $195,000.00 $170,100.00 $170,100.00 $118,900.00 $118,900.00 $109,000.00 $109,000.00 $478,440.50 $478,440.50 3 Imported Items Signing  & Striping LS 1 $40,000.00 $40,000.00 $41,620.00 $41,620.00 $42,000.00 $42,000.00 $40,000.00 $40,000.00 $42,000.00 $42,000.00 4 Imported Items Temporary  Construction Project Identification Sign LS 1 $8,000.00 $8,000.00 $1,870.00 $1,870.00 $4,725.00 $4,725.00 $1,100.00 $1,100.00 $14,500.00 $14,500.00 5 Imported Items Water  Quality Control LS 1 $11,000.00 $11,000.00 $10,320.00 $10,320.00 $9,980.00 $9,980.00 $35,000.00 $35,000.00 $14,000.00 $14,000.00 6 Imported Items
Aggregate Base, And A Portion of The Subgrade Soil to
A Depth Of 10.0", Rough Grade, Stabilize, Fine Grade,
Microcracking, Moist Cured SF 175000 $2.10 $367,500.00 $2.40 $420,000.00 $2.30 $402,500.00 $2.60 $455,000.00 $3.00 $525,000.00 7 Imported Items Construct 0.33' of A.C. Pavement Ton 4400 $115.00 $506,000.00 $115.00 $506,000.00 $128.00 $563,200.00 $107.00 $470,800.00 $128.00 $563,200.00 8 Imported Items Grind and Overlay 0.35' SF 425000 $3.60 $1,530,000.00 $3.47 $1,474,750.00 $3.54 $1,504,500.00 $4.30 $1,827,500.00 $3.40 $1,445,000.00 9 Imported Items Slot Patch Transition SF 4700 $2.00 $9,400.00 $5.00 $23,500.00 $4.40 $20,680.00 $1.50 $7,050.00 $0.33 $1,551.00 10 Imported Items Adjust Existing Manhole Rim to Finish Surface. EA 19 $2,000.00 $38,000.00 $2,080.00 $39,520.00 $1,860.00 $35,340.00 $1,800.00 $34,200.00 $2,100.00 $39,900.00 11 Imported Items
Adjust Existing Water Valve Covers, Gas Valve Covers &
Sewer Clean‐Out Valve Covers to Finish Surface. EA 42 $1,300.00 $54,600.00 $885.00 $37,170.00 $1,100.00 $46,200.00 $320.00 $13,440.00 $900.00 $37,800.00 12 Imported Items Install Blue Dot Hydrant Marker EA 15 $10.00 $150.00 $11.00 $165.00 $12.00 $180.00 $11.00 $165.00 $10.50 $157.50 13 Imported Items
Verify, Protect, Record, And Replace (If Disturbed)
Centerline Surface and Subsurface Monuments EA 13 $710.00 $9,230.00 $730.00 $9,490.00 $735.00 $9,555.00 $750.00 $9,750.00 $735.00 $9,555.00 14 Imported Items Construct Type "A" Curb and Gutter LF 960 $36.00 $34,560.00 $49.00 $47,040.00 $95.00 $91,200.00 $65.00 $62,400.00 $70.00 $67,200.00 15 Imported Items Construct 4" PCC Sidewalk SF 6100 $10.00 $61,000.00 $8.50 $51,850.00 $15.75 $96,075.00 $8.50 $51,850.00 $9.90 $60,390.00 16 Imported Items Construct Curb Ramp EA 3 $5,800.00 $17,400.00 $5,550.00 $16,650.00 $10,130.00 $30,390.00 $5,000.00 $15,000.00 $6,500.00 $19,500.00 17 Imported Items Gutter SF 3610 $27.00 $97,470.00 $34.00 $122,740.00 $39.00 $140,790.00 $34.00 $122,740.00 $30.00 $108,300.00 18 Imported Items Remove Existing and Construct Driveway Approach SF 2120 $16.00 $33,920.00 $23.00 $48,760.00 $24.00 $50,880.00 $16.00 $33,920.00 $19.40 $41,128.00 19 Imported Items
Remove and Dispose of Existing Concrete, Asphalt,
And Landscape Including; Trees, Plants, Shrubs,
Bushes, Rocks, Gravel, Posts, And Other Debris SF 13500 $2.00 $27,000.00 $6.00 $81,000.00 $2.10 $28,350.00 $4.25 $57,375.00 $2.50 $33,750.00 20 Imported Items Remove, Store, Clean and Reinstall/Relocate Sign EA 6 $152.00 $912.00 $155.00 $930.00 $160.00 $960.00 $160.00 $960.00 $157.50 $945.00 21 Imported Items Construct Minor Sidewalk Drainage Outlet EA 3 $1,900.00 $5,700.00 $1,730.00 $5,190.00 $2,625.00 $7,875.00 $795.00 $2,385.00 $3,500.00 $10,500.00 22 Imported Items Approach SF 3400 $29.00 $98,600.00 $30.00 $102,000.00 $31.30 $106,420.00 $34.00 $115,600.00 $19.25 $65,450.00 23 Imported Items Construct Type "B" Curb and Gutter LF 730 $36.00 $26,280.00 $42.00 $30,660.00 $93.50 $68,255.00 $68.00 $49,640.00 $70.00 $51,100.00 24 Imported Items Sidewalk SF 2400 $3.20 $7,680.00 $7.50 $18,000.00 $5.15 $12,360.00 $5.30 $12,720.00 $27.00 $64,800.00 25 Imported Items Adjust Water Meter to Grade EA 1 $500.00 $500.00 $1,030.00 $1,030.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 26 Imported Items Construct Curb Outlet LF 50 $590.00 $29,500.00 $1,110.00 $55,500.00 $1,110.00 $55,500.00 $69.00 $3,450.00 $1,050.00 $52,500.00 27 Imported Items Construct V‐Ditch LF 500 $70.00 $35,000.00 $98.00 $49,000.00 $110.00 $55,000.00 $107.00 $53,500.00 $94.00 $47,000.00 28 Imported Items Construct U‐Channel LF 35 $210.00 $7,350.00 $250.00 $8,750.00 $390.00 $13,650.00 $398.00 $13,930.00 $240.00 $8,400.00 29 Imported Items Construct Infiltration Trench CY 110 $240.00 $26,400.00 $145.00 $15,950.00 $380.00 $41,800.00 $585.00 $64,350.00 $110.00 $12,100.00 30 Imported Items Construct Berm CY 45 $240.00 $10,800.00 $180.00 $8,100.00 $372.00 $16,740.00 $226.00 $10,170.00 $245.00 $11,025.00 31 Imported Items Install Detectable Warning Surfaces EA 17 $1,500.00 $25,500.00 $1,150.00 $19,550.00 $1,260.00 $21,420.00 $742.00 $12,614.00 $1,100.00 $18,700.00 32 Imported Items Remove and Construct Type B Curb Ramp EA 10 $7,000.00 $70,000.00 $7,160.00 $71,600.00 $7,600.00 $76,000.00 $10,000.00 $100,000.00 $9,200.00 $92,000.00 33 Imported Items Replace Existing "Type E" Traffic Signals Loop Detectors EA 76 $510.00 $38,760.00 $520.00 $39,520.00 $483.00 $36,708.00 $500.00 $38,000.00 $480.00 $36,480.00 34 Imported Items Replace Existing "Type F" Traffic Signals Loop Detectors EA 11 $560.00 $6,160.00 $520.00 $5,720.00 $483.00 $5,313.00 $500.00 $5,500.00 $480.00 $5,280.00 Subtotal $3,589,372.00 $3,649,045.00 $3,793,696.00 $4,032,109.00 $4,078,652.00 35 Alternative Mobilization / Demobilization (not to exceed 5%) LS 1 $15,000.00 $15,000.00 $17,880.00 $17,880.00 $6,120.00 $6,120.00 $17,500.00 $17,500.00 $11,000.00 $11,000.00 36 Alternative Temporary Traffic and Pedestrian Control LS 1 $30,000.00 $30,000.00 $24,000.00 $24,000.00 $33,500.00 $33,500.00 $27,500.00 $27,500.00 $30,000.00 $30,000.00 37 Alternative Signing & Striping LS 1 $14,000.00 $14,000.00 $13,010.00 $13,010.00 $14,000.00 $14,000.00 $18,000.00 $18,000.00 $13,200.00 $13,200.00 38 Alternative Temporary Construction Project Identification Sign LS 1 $2,000.00 $2,000.00 $1,870.00 $1,870.00 $2,500.00 $2,500.00 $1,200.00 $1,200.00 $5,000.00 $5,000.00 39 Alternative Water Quality Control LS 1 $2,000.00 $2,000.00 $3,230.00 $3,230.00 $4,500.00 $4,500.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 40 Alternative
aggregate base, and a portion of the subgrade soil to a depth of 10.0", Rough Grade, Stabilize, Fine Grade,
Microcracking, Moist Cured SF 43500 $2.20 $95,700.00 $2.83 $123,105.00 $2.45 $106,575.00 $3.30 $143,550.00 $3.00 $130,500.00 41 Alternative Construct 0.33' of A.C. pavement TON 1100 $124.00 $136,400.00 $119.00 $130,900.00 $135.00 $148,500.00 $115.00 $126,500.00 $119.00 $130,900.00 42 Alternative Slot Patch Transition SF 10300 $2.00 $20,600.00 $3.08 $31,724.00 $4.40 $45,320.00 $1.00 $10,300.00 $0.16 $1,648.00 43 Alternative Adjust existing manhole rim to finish surface. EA 1 $2,200.00 $2,200.00 $2,080.00 $2,080.00 $3,000.00 $3,000.00 $1,400.00 $1,400.00 $2,400.00 $2,400.00 44 Alternative
Adjust existing water valve covers, gas valve covers &
sewer clean‐out valve covers to finish surface. EA 2 $1,400.00 $2,800.00 $885.00 $1,770.00 $1,800.00 $3,600.00 $155.00 $310.00 $1,800.00 $3,600.00 45 Alternative
Verify, Protect, Record, and Replace (If Disturbed)
centerline surface and subsurface monuments EA 5 $800.00 $4,000.00 $730.00 $3,650.00 $770.00 $3,850.00 $750.00 $3,750.00 $800.00 $4,000.00 46 Alternative Replace Existing "Type E" Traffic Signals Loop Detectors EA 9 $600.00 $5,400.00 $520.00 $4,680.00 $920.00 $8,280.00 $900.00 $8,100.00 $900.00 $8,100.00 Subtotal $330,100.00 $357,899.00 $379,745.00 $368,110.00 $345,348.00 Total $3,919,472.00 $4,006,944.00 $4,173,441.00 $4,400,219.00 $4,424,000.00 Onyx Paving Company, Inc.

BASE BID TOTALS
ADDITIVE BID TOTALS
All American Asphalt Calmex  Engineering, Inc. Hardy  & Harper, Inc R.J.  NOBLE COMPANY

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1 Project No. 2407

CONTRACTOR AGREEMENT
By and Between
The City of Hemet,
a California municipal corporation
and
All American Asphalt
a California corporation
AGREEMENT # 2025-086

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2 Project No. 2407

CITY OF HEMET BID AND CONTRACT DOCUMENTS
CITY OF HEMET CONTRACTOR AGREEMENT # 2025-086
2024/25 Citywide Pavement Rehab - CIP 2407
This City of Hemet Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Hemet (“Agency”), and All American Asphalt (“Contractor”) on the 28th day of May, 2025.

In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the 2024/25 Citywide Pavement Rehab - CIP 2407 to be constructed at various locations as listed in the Notice Inviting Bids, 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 Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, Greenbook 2018 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 labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency 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 Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor 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 Contractor shall be made in the manner described in the Special Provisions.

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3 Project No. 2407

3. TIME FOR PERFORMANCE
a) Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents. If Contractor
b) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Contractor shall notify the Agency in writing whenever it has reason to believe that the costs the Contractor expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Contractor shall provide the Agency a revised estimate of the total cost of performing this Agreement.

4. DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6-4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the provisions of Section 6-4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.

5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, 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.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.

Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor 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.

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4 Project No. 2407
Contractor 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”). Contractor 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.

Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor 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.)

6. NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.

7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Hemet shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

8. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, 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 Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor 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 Agreement, 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 Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor 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