17.D.
8 Project No. 5598
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.D.
9 Project No. 5598
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Hemet
By:
Mark Prestwich, City Manager
CONTRACTOR:
Elias Engineering Construction LLC
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.D.
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.D.
EXHIBIT B
CONTRACT PRICE
Not to Exceed Four Hundred and Thirty-Four Thousand Six Hundred and Twenty-Six Dollars ($434,626.00)
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.D.
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
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.
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.
17.D.
5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.
7. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
8. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no crossliability exclusion precluding coverage for claims or suits by one insured against another.
Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
9. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
10. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
11. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
17.D.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
12. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
13. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
14. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
15. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
17.D.
PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Elias Engineering Construction LLC as Principal, dated the 25th day of June, 2025 (the Contract), titled the City of Hemet Echo Hills Waterline Phase III - CIP 5598 in the amount of $434,626.00, which Contract is by this reference made a part hereof, for the work of the following Contract:
Echo Hills Waterline Phase III - CIP 5598
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($434,626.00), 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.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
17.D.
1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
17.D.
CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated June 25th, 2025 is in the amount of $434,626.00 (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 Elias Engineering Construction LLC (Contractor), (Surety), CITY OF HEMET
(Owner), or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Elias Engineering Construction LLC
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Echo Hills Waterline Phase III - CIP 5598, dated June 25th, 2025, in the amount of $434,626.00.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
17.D.
BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
17.D.
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph
4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
17.D.
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.D.
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.D.
*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
CIP 5598
Notes
REPORT PRINTED ON... 6/12/2025 10:06:51 AM
0 376 Feet 752
County BoundaryCity BoundariesBlueline StreamsCity Areas Location of CIP 5598 World_Street_Map
17.D.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 24 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 Additional Construction Expenditures for the Kirby Street Pavement Project, CIP 2403, Not to Exceed an additional $18,976.15, for a total project cost of $2,009,813.15 and Authorizing the Administrative Services Director to Transfer Appropriations of $18,976.15 from the Measure A Project Funds for CIP 5709 (20/21 Citywide Pavement Rehab)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California Approving Additional Construction Expenditures for the Kirby Street Pavement Project, CIP 2403, Not to Exceed an additional $18,976.15, for a total project cost of $2,009,813.15 and Authorizing the Administrative Services Director to Transfer Appropriations of $18,976.15 from the Measure A Project Funds for CIP 5709 (20/21 Citywide Pavement Rehab).
BACKGROUND:
On March 26, 2024, the City Council approved a funding agreement with the County of Riverside that included an allocation of $1,771,407 for the Kirby Street Pavement Rehabilitation project (CIP 2403).
On October 8, 2024, the City of Hemet City Council adopted a Resolution to award a construction contract to All American Asphalt for the Kirby Street Pavement Project, CIP 2403, with the total project cost and approved budget being $1,990,837. This amount includes the initial construction contract of $1,748,888 as well as the design and bid package preparation, contingency, and materials testing.
Construction on this project began on December 3, 2024, and was completed on March 20, 2025, with a notice of completion being recorded with the County of Riverside on March 26, 2025.
ANALYSIS:
17.E.
In the initial bid documents, calculations for the tonnage of asphalt required for this project were incorrect. As a result, All American Asphalt’s original bid for the project did not fully account for the actual volume of asphalt needed for the construction.
The total original approved project budget was $1,990,837, with the current remaining balance with all change orders being $46,139.59. The last change order, which includes overages and credits, is $65,115.74. The difference between the remaining balance and the final change order is $18,976.15.
This necessitates a change order being processed to cover the overage costs from All American Asphalt that were a result of the above-mentioned inaccurate quantities in the bid documents.
DISCUSSION:
All American Asphalt provided an itemized list of the materials and associated costs and credits that were over/under the original budget, dated May 12, 2025.
After review of this list as well as the original bid documents, City Staff is recommending approval of a change order to cover these additional costs.
PREVIOUS COUNCIL ACTION:
On March 26, 2024, the City Council approved a funding agreement with the County of Riverside that included $1,771,407 allocated to the Kirby Street Pavement Rehabilitation Project.
October 8, 2024 - City Council approved the construction contract with All American Asphalt for the Kirby Street Pavement Project, CIP 2403.
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:
A transfer of $18,976.15 is being requested from the Measure A Funds for CIP Project 5709 (20/21 Citywide Pavement Rehab).
17.E.
Design/Bid Package Preparation $52,920
Construction Contract $1,748,888
Contingency (10%) $174,889
Materials Testing $14,140
Additional Costs Requested $18,976.15
Total Project Cost $2,009,813.15
Original Approved Project Cost $1,990,837.00
ALTERNATIVE(S):
1. Do not approve the additional construction costs in the amount of $18,976.15.
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1 - Resolution
Attachment 2 - CIP 2403 Contractor Agreement
Attachment 3 - CIP 2403 Balancing CCO
17.E.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING ADDITIONAL
CONSTRUCTION EXPENDITURES FOR THE KIRBY
STREET PAVEMENT PROJECT, CIP 2403, NOT TO
EXCEED AN ADDITIONAL $18,976.15, FOR A TOTAL
PROJECT COST OF $2,009,813.15 AND AUTHORIZING
THE ADMINISTRATIVE SERVICES DIRECTOR TO
APPROPRIATE AN ADDITIONAL $18,976.15 FROM THE
MEASURE A FUND BALANCE (FUND 222)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, on March 26, 2024, the City of Hemet City Council approved a funding agreement with the County of Riverside that included an allocation of $1,771,407 for the Kirby Street pavement rehabilitation project (CIP 2403); and WHEREAS, on October 8, 2024, the City of Hemet City Council approved a Resolution to award a construction contract to All American Asphalt for the Kirby Street Pavement Project, CIP 2403, with the total project cost and approved budget of $1,990,837; and
WHEREAS, construction of this project began on December 3, 2024, and was completed on March 20, 2025, with a notice of completion being recorded with the County of Riverside on March 26, 2025; and
WHEREAS, in the initial bid documents, calculations for the tonnage of asphalt required for this project were incorrect. As a result, All American Asphalt’s original bid
17.E.
CITY OF HEMET RESOLUTION NO. 2025-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
for the project did not fully account for the actual volume of asphalt needed for the construction; and
WHEREAS, the current remaining balance for the project after all previously completed change orders is $46,139.59; and
WHEREAS, this necessitates a change order to be processed to cover the overage costs from All American Asphalt that were a result of the above-mentioned inaccurate asphalt quantities in the bid documents; and WHEREAS, the difference between the remaining balance and the final required change order is $18,976.15; and
WHEREAS, staff recommends that the Administrative Services Director be authorized to appropriate an additional $18,976.15 from the Measure A Fund Balance (Fund 222); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. APPROVAL OF ADDITIONAL FUNDS – The City Council of the City of Hemet, California, hereby approves an additional $18,976.15 from the Measure A Fund Balance (Fund 222) to cover additional construction expenditures necessary for CIP 2403, Kirby Street Pavement Project.
SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on June 24, 2025.
17.E.
CITY OF HEMET RESOLUTION NO. 2025-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED this 24th day of June, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.E.
CITY OF HEMET RESOLUTION NO. 2025-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 24th day of June, 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.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
Docusign Envelope ID: 625DF14E-2984-4243-8CDB-014AA1C761A0
17.E.
To: Contact: City of Hemet
Project Name: KIRBY STREET PAVEMENT REHABILITATION - CIP 2403 Bid Number:
Hemet, CA 92543 Fax:
Address: 445 East Florida Ave., Public Works Dept. Phone: 951-765-2330 Project Location: Bid Date: 5/12/2025
Item # Item Description Estimated Quantity Unit Unit Price Total Price 6 Sawcut and Remove Existing Pavement and Base and -45.00 CY $39.00 ($1,755.00) Excavate for Proposed Structural Section
7 Scarify, Moisture Condition and Compact Subgrade -210.00 SY $2.65 ($556.50) 8 Construct Crushed Miscellaneous Base Course 168.24 TON $27.00 $4,542.48 10 SF Remove and Reconstruct Concrete Cross Gutter 4.00 $32.00 $128.00 11 SY Cold Mill Existing Asphalt Concrete Pavement -96.00 $7.10 ($681.60) 12 Construct Asphalt Concrete Pavement 555.48 TON $117.00 $64,991.16 15 EACH Adjust Existing Sewer Manhole Frame and Cover to Grade -2.00 $1,550.00 ($3,100.00) 17 EACH Re-Establish Survey Monument Post-Construction -3.00 $750.00 ($2,250.00) 19 EACH Construct Traffic Signal Loop Detector -10.00 $500.00 ($5,000.00) CO Place 4" HMA 73.31 TON $120.00 $8,797.20
Total Bid Price: $65,115.74
ACCEPTED:
The above prices, specifications and conditions are satisfactory and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
All American Asphalt
Authorized Signature:
Estimator: RAMIREZ, MAURICE
714-395-7044 [email protected]
5/12/2025 12:44:39 PM Page 1 of 1
17.E.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 24 2025
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Accepting the FY2024 State Homeland Security Program Grant Award - CHOG From the California Office of Emergency Services (CalOES) for the Purchase of Equipment and Training and Authorizing the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation of $67,000 in Public Safety Grants Fund# 232
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the FY2024 State Homeland Security Program (SHSP) Grant Award - CHOG Funding of $67,000 From the California Office of Emergency Services (CalOES), for Equipment and Training for the Period of April 23, 2025 to April 23, 2026, and
2. Authorizing the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation of $67,000 in Public Safety Grants Fund# 232.
BACKGROUND:
The SHSP Grant, established by Congress and administered by the U.S. Department of Homeland Security through FEMA, aims to enhance national security and support terrorism prevention. At the state level, it is managed by CalOES and distributed locally through the Riverside County Operational Area.
The Countywide HazMat Operational Group (CHOG) is a multi-agency, multi-disciplinary collaboration that includes city and county hazmat teams, law enforcement, Environmental Health, and the Emergency Management Department in Riverside County. Formed in 2005, CHOG was created to strengthen joint preparedness, prevention, and response capabilities for terrorist threats and major disasters. It has consistently demonstrated effective coordination among participating agencies and is recognized as an approved project under the Homeland Security Grant Program by the Anti-Terrorism Approval Authority (ATAA).
17.F.
ANALYSIS:
The County of Riverside applied for and received grant funding to distribute to agencies requesting support for the purchase of hazardous materials mitigation equipment and training to address bioterrorism threats. The Hemet Fire Department (HFD), which first received funding in 2006, was again awarded $67,000 through the FY24 State Homeland Security Program (SHSP) grant administered by Riverside CHOG.
DISCUSSION:
HFD applied for the State Homeland Security Program Grant to enhance multi-jurisdictional allhazards incident planning, response, and recovery capabilities by strengthening hazmat teams' readiness to respond to chemical, biological, radiological, nuclear, and explosive (CBRNE) threats.
The CHOG Grant also provides training and exercises focused on hazardous materials response, with an emphasis on terrorism and CBRNE events, addressing gaps identified through surveys, drills, after-action reports, and Improvement Plans. All equipment purchased through CHOG supports the team's goal of maintaining Cal Emergency Management Agency's Type 1 and/or Type 2 status as a certified hazardous materials emergency response team.
This grant will allow for the purchase of the following:
Equipment
Training
Consultant
PREVIOUS COUNCIL ACTION:
The Hemet City Council has accepted all State Homeland Security Program Grant awards since the establishment of the Countywide Hazardous Materials Operational Group.
STRATEGIC PLAN INTEGRATION:
17.F.
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
There is no fiscal impact on the City’s General Fund with this action.
Revenue and Expenditure Appropriations are recommended in Public Safety Fund #232 in the amount of $67,000.
ATTACHMENT(S):
Attachment 1 - Resolution
Attachment 2 - Award Letter
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACCEPTING THE FY2024
STATE HOMELAND SECURITY PROGRAM GRANT
AWARD – CHOG FROM THE CALIFORNIA OFFICE OF
EMERGENCY SERVICES (CALOES) FOR THE
PURCHASE OF EQUIPMENT AND TRAINING AND
AUTHORIZING THE ADMINISTRATIVE SERVICES
DIRECTOR TO INCREASE ESTIMATED REVENUES AND
RECORD A SUPPLEMENTAL APPROPRIATION OF
$67,000 IN PUBLIC SAFETY GRANTS FUND# 232
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the Countywide HazMat Operational Group (CHOG) is a multiagency, multi-disciplinary collaboration that includes city and county hazmat teams, law enforcement, Environmental Health, and the Emergency Management Department in Riverside County. Formed in 2005, CHOG was created to strengthen joint preparedness, prevention, and response capabilities for terrorist threats and major disasters; and
WHEREAS, Riverside County applied for and received grant funding to distribute to agencies requesting support for the purchase of hazardous materials mitigation equipment and training to address bioterrorism threats; and WHEREAS, HFD applied for the State Homeland Security Program Grant to enhance multi-jurisdictional all-hazards incident planning, response, and recovery
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
capabilities by strengthening the hazmat team’s readiness to respond to chemical, biological, radiological, nuclear, and explosive (CBRNE) threats; and WHEREAS, the Hemet Fire Department (HFD), which first received funding in 2006, was again awarded $67,000 through the FY24 State Homeland Security Program (SHSP) grant administered by Riverside CHOG; and
WHEREAS, the FY2024 State Homeland Security Program (SHSP) - CHOG Grant award period is April 23, 2025, to April 23, 2026, with reimbursement documents due by May 23, 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. APPROVES - Accepts the grant from the State Homeland Security Grant Program (SHSGP) administered through the Riverside County Emergency Management Department Hazardous Materials Operational Group in the amount of $67,000 for the period of April 23, 2025, to April 23, 2026.
SECTION 2. AUTHORIZES – The City Council hereby authorizes the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation of $67,000 in Public Safety Grants Fund# 232.
SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on June 24, 2025.
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED this 24th day of June, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 24th day of June, 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.
Bruce Barton
Director
450 EAST ALESSANDRO
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ TDD: 711
WWW.RIVCOEMD.ORG
April 23, 2025
Hemet Fire Department/EMS
510 E. Florida Ave
Hemet, CA 92543-4334
SUBJECT: FY 2024 State Homeland Security Program Grant (SHSP) Award Notice Period of Performance: 4/23/2025 – 4/23/2026
Grant #: 2024-0088 CFDA #: 97.067
This letter is being provided to notify you that your FY 2024 SHSP subaward has been approved in the amount of $67,000
This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), Preparedness Grants Manual, California Supplement to the NOFO, Riverside County Supplement to the NOFO, Grant Assurances, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the period of performance.
The Riverside County Operational Area (OA) may suspend or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:\ • Failure to submit required performance reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • False certification in the application or document.
• Failure to adequately manage, monitor, or direct the grant funding activities of the organization.
Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation (EHP) review. Any changes to the Financial Management Forms Workbook (FMFW) requires approval from the OA prior to conducting activities and incurring costs.
17.F.
Bruce Barton
Director
450 EAST ALESSANDRO
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ TDD: 711
WWW.RIVCOEMD.ORG
The following documents must be submitted with signatures to finalize the acceptance of this subaward. The documents should be submitted in a single PDF [email protected] by July 10, 2025:
• Financial Management Forms Workbook o Grant Subaward Face Sheet o Authorized Agent and Contact Tab
o Project Ledger Tab
o Equipment Tab
o Training Tab
o Exercise Tab o Match Tab
o Authorized Agent Sheet
• Governing Body Resolution
• FY24 Standard Assurances
• FY24 Grants Management Assessment
• EHP Screening Form (if projects are marked with an EHP hold) Reimbursement requests will not be processed without the acceptance documents on file.
This subaward is subject to all provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the OA within 30 days upon receipt of an invoice from the County of Riverside Emergency Management Department.
For further assistance, please contact [email protected]. We look forward to working with you and appreciate your cooperation and support.
Sincerely,
Reyshawn Bobo
Emergency Services Coordinator
County of Riverside Emergency Management Department
17.F.
Bruce Barton
Director
450 EAST ALESSANDRO
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ TDD: 711
WWW.RIVCOEMD.ORG
17.F.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 24 2025
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding West SWPPP Services a Professional Services Agreement for a Total Contract Amount Not to Exceed $70,000 per City Fiscal Year for On-Call Abatement Services and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize Additional Expenditures up to 15% of the Agreement Amount if Necessary and Authorizing the Administrative Services Director to Record a Supplemental Appropriation up to 15% of the Agreement Amount if Necessary for Fiscal Year 2025-26 RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding West SWPPP Services a Professional Services Agreement for a Total Contract Amount Not to Exceed $70,000 per City Fiscal Year for On-Call Abatement Services and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize Additional Expenditures up to 15% of the Agreement Amount if Necessary, and Authorizing the Administrative Services Director to Record a Supplemental Appropriation up to 15% of the Agreement Amount if Necessary for Fiscal Year 2025-
26. BACKGROUND:
Each summer, the spring vegetation resulting from winter rains on undeveloped land within Hemet's city limits dries out, posing a significant fire hazard to surrounding homes. To mitigate this risk and protect lives and property, the City has established a comprehensive Weed Abatement Program.
This program is governed by California Government Code Sections 39560 et seq., Hemet Municipal Code Sections 30–31, and Section 1103.2 of the Uniform Fire Code. These regulations empower the city to enforce property maintenance standards aimed at reducing fire risks associated with combustible weeds, rubbish, and refuse.
Property owners are required to clear their lands of weeds, rubbish, and refuse by a predetermined deadline, typically July 1. Failure to comply results in the city hiring a contractor to perform the
17.G.
abatement, with costs charged to the property owner. A lien may be filed against the property if payment is not received.
As a direct outcome of this program, the City of Hemet Fire Department has observed a significant decrease in the number of fires related to weeds, rubbish, and refuse, enhancing community safety and resilience.
ANALYSIS:
On May 15, 2025, an Invitation for Bid (IFB) for On-Call Abatement Services was issued, and 382 vendors were notified via PlanetBids. On May 28, 2025, the City awarded the contract to the lowest bidder.
As a result, in May 2025, the City received five proposals from the following vendors:
1. A+ Junk Removal
2. Eagle Eye
3. HCI Environmental
4. Singh Group
5. West SWPPP Services
DISCUSSION:
City staff is recommending to contract with West SWPPP Services, the lowest responsive and responsible bidder. This vendor will provide the best overall value to the City for services including but not limited to: weed abatement (e.g., weed eating, mowing, and discing), concrete removal, and the removal of items such as mattresses, appliances, furniture, trash, litter, debris, construction waste, combustible materials, tumbleweeds, and tires.
PREVIOUS COUNCIL ACTION:
The City Council previously approved Ace Weed Abatement's Sixth Amendment for Weed Abatement Services on April 23, 2024, Staff Report# 24-092. Since the original agreement only allowed for two one-year extensions, both have been exercised, and no additional extensions could be made.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
17.G.
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 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Funding of $70,000 has been established in the adopted FY 2025-26 Fire Prevention budget account 110-3225-2400.
Approval of this resolution authorizes the Administrative Services Director to record a supplemental appropriation up to 15% ($10,500) of the agreement amount if necessary for fiscal year 2025-26.
ATTACHMENT(S):
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Proposals Received
Attachment 4 - Bid Comparison
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING WEST SWPPP
SERVICES A PROFESSIONAL SERVICES AGREEMENT
FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED
$70,000 PER CITY FISCAL YEAR FOR WEED
ABATEMENT SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS RELATED
TO THE AGREEMENT AND AUTHORIZE ADDITIONAL
EXPENDITURES UP TO 15% OF THE AGREEMENT
AMOUNT IF NECESSARY AND AUTHORIZING THE
ADMINISTRATIVE SERVICES DIRECTOR TO RECORD A
SUPPLEMENTAL APPROPRIATION UP TO 15% OF THE
AGREEMENT IF NECESSARY FOR FISCAL YEAR 2025-
26 The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, this program is governed by California Government Code Sections 39560 et seq., Hemet Municipal Code Sections 30–31, and Section 1103.2 of the Uniform Fire Code. These regulations empower the city to enforce property maintenance standards aimed at reducing fire risks associated with combustible weeds, rubbish, and refuse; and
WHEREAS, property owners are required to clear their lands of weeds, rubbish, and refuse by a predetermined deadline, typically July 1. Failure to comply results in the city hiring a contractor to perform the abatement, with costs charged to the property owner. A lien may be filed against the property if payment is not received; and
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, on May 15, 2025, a Request for Proposal (RFP) for On-Call Abatement Services was issued, and 382 vendors were notified via PlanetBids. On May 28, 2025, the City awarded the contract to the lowest bidder; and WHEREAS, City staff used the evaluation criteria detailed in the Request for Proposal (RFP) to select the lowest bidder, and the results found West SWPPP Services to be the most qualified vendor with the best overall value to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. FINDS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. APPROVES – The City approves the lowest bidder vendor, West SWPPP Services, to provide the City with Weed Abatement Services.
SECTION 3. AUTHORIZES – The City Council hereby authorizes the Administrative Services Director to approve the Purchase Order.
SECTION 4. AUTHORIZES – The City Council hereby authorizes the City Manager to execute all necessary documents to support the purchase.
SECTION 5. EFFECTIVE DATE – This Resolution shall become effective on June 24, 2025.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED this 24th day of June, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 24th day of June, 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.
GOODS AND SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET,
A CALIFORNIA MUNICIPAL CORPORATION
AND
WEST SWPPP SERVICES
A SOLE PROPRIETORSHIP
AGREEMENT # 2025-088
17.G.
00092061.2
GOODS AND SERVICES AGREEMENT
FOR ON-CALL ABATEMENT SERVICES
BETWEEN THE CITY OF HEMET AND WEST SWPPP SERVICES
THIS GOODS AND SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and West SWPPP Services, a sole proprietorship (“Vendor”).
For the purposes of this Agreement City and Vendor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by issuance of Invitation for Bid to purchase from Vendor the performance of services defined and described particularly in Section 2, “Scope of Services” of this Agreement.
2. Vendor desires to perform and assume responsibility for the performance of services required by the City on the terms and conditions set forth in this Agreement.
3. Vendor represents that it has the required competence and qualifications necessary for the satisfactory performance of the services required by the City.
4. The Parties desire to formalize the selection of Vendor to render such services as defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the term of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2026, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term. Vendor shall provide all Goods (defined particularly below) and complete the Services (defined particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines.
SECTION 2. SCOPE OF SERVICES
(a) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of
17.G.
00092061.2
Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Vendor for the Services.
(b) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Goods”). Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.
SECTION 3. SCHEDULE OF PERFORMANCE
Vendor shall provide the Goods and/or Services expeditiously, within the Term of this Agreement, as set forth in Exhibit “C,” “Schedule of Performance.” Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.
SECTION 4. ADDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Vendor perform “Additional Work.” As used herein, “Additional Work” means any work which is determined by City to be necessary for the proper completion of the Goods and/or Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 27 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Goods and Services.
SECTION 5. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Vendor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy Thousand Dollars ($70,000.00) per City Fiscal Year (“Not to Exceed Amount”), unless additional compensation is approved in writing in accordance with Section 27 “Administration and Implementation” or Section 28“Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To enroll in ACH electronic payments contact [email protected].
(c) Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Vendor.
17.G.
00092061.2
(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” (e) If Additional Work is authorized, Vendor will be compensated at the same rates and manner as set forth in this Agreement.
SECTION 6. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed and/or the goods provided. The invoices shall be emailed to [email protected]. (b) Vendor shall at any time prior to the fifteenth (15th) of any month, submit to City a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City, as detailed in (c) below. (c) In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts.
Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 5(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Vendor to determine whether the work performed/ good delivered and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (d). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission. (d) Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within forty-five (45) days of receipt of Vendor’s correct and undisputed invoice. (e) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the 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%)
17.G.
00092061.2
of the Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.
SECTION 7. INDEPENDENT CONTRACTOR
(a) Vendor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Vendor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel providing the Goods and/or Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Vendor or any of Vendor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Vendor, nor any of Vendor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Vendor expressly waives any claim Vendor may have to any such rights.
SECTION 8. ACCEPTANCE OF GOODS
(a) The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. Acceptance of any of the Goods by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.”
(b) If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.
SECTION 9. ACCEPTANCE OF SERVICES
City may inspect and accept or reject any of Vendor’s work under this Agreement, either during performance of the Services or when Services are completed. City shall reject or finally accept Vendor’s work within sixty (60) days after submitted to City. City shall reject work by a timely
17.G.
00092061.2
written explanation, otherwise Vendor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Vendor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.” SECTION 10. CONTINUITY OF PERSONNEL
Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services. Vendor shall notify City of any changes in Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services prior to and during any such performance.
SECTION 11. STANDARD OF PERFORMANCE
Vendor represents and warrants that it has the qualifications, experience and facilities necessary to properly provide the Goods and/or Services required under this Agreement in a thorough, competent and professional manner. Vendor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Goods and/or Services. In meeting its obligations under this Agreement, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Vendor under this Agreement, and shall use such skill, prudence, and diligence as other members of Vendor’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Vendor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. WARRANTY OF GOODS
In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and
17.G.
00092061.2
hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
SECTION 13. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) Vendor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. Vendor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Vendor represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the Goods and/or Services set forth in this Agreement and that such licenses are in good standing. Vendor further represents and warrants that the Services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Vendor to comply with this section.
(b) Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).
Vendor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment,” which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.
(c) To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
i. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or
17.G.
00092061.2
additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s non-compliance with the laws, regulations and policies described in this section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. ii. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section.
Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.
SECTION 14. PREVAILING WAGE LAWS
(a) Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is one-thousand dollars ($1,000) or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law. (b) Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Vendor shall maintain registration for the duration of this Agreement
17.G.
00092061.2
and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
SECTION 15. NONDISCRIMINATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Vendor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Vendor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 16. SAFETY
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and lifesaving equipment and procedures; ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and iii. Adequate facilities for the proper inspection and maintenance of all safety measures.
SECTION 17. ACCOUNTING RECORDS
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
17.G.
00092061.2
SECTION 18. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Goods and/or Services provided under this Agreement.
SECTION 19. INDEMNIFICATION
(a) To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Vendor or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Goods and/or Services provided by Vendor, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. Vendor’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Vendor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Vendor and shall survive the termination of this Agreement and this section.
SECTION 20. INSURANCE
Vendor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “D” “Insurance” and made a part of this Agreement.
All insurance policies shall be subject to approval by City as to form and content. These
17.G.
00092061.2
requirements are subject to amendment or waiver if so approved in writing by the City Manager.
Vendor agrees to provide City with copies of required policies upon request.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Vendor. In the event such notice is given, Vendor shall cease immediately all work in progress.
(b) Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Vendor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor’s possession shall be returned to City. Vendor shall furnish to City a final invoice for work performed and expenses incurred by Vendor prepared as set forth in Section 6 “Method of Payment and Invoicing” of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 6 “Method of Payment and Invoicing” of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Vendor’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Vendor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Vendor with written notice of the rescission, at which time Vendor would be required to resume performance in compliance with the terms and provisions of this Agreement. Vendor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave
Hemet CA 92543
To Vendor: West SWPPP Services
Attn: Christine Huss
17.G.
00092061.2
6 Cedar Lake Ct.
Rancho Mirage, CA 92270
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 23. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 24. ASSIGNMENT
Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
SECTION 25. WAIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Goods or Services shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 26. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Vendor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Vendor to the performance of its obligations hereunder.
SECTION 27. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 28. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code.
All other amendments shall be approved by the City Council. The Parties agree that the
17.G.
00092061.2
requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. CONFLICTS OF INTEREST
(a) Vendor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Vendor’s ability to provide the Goods and/or Services. Vendor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Vendor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Vendor is, as of the date of execution of this Agreement, independently involved in providing non-related goods and/or services to other governmental agencies and private parties. Vendor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Vendor will, provide non-related goods and/or services for other governmental agencies and private parties following the completion of providing the Goods and/or Services under this Agreement. Any such future goods and/or services shall not be considered a conflict of interest for purposes of this section.
SECTION 30. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
17.G.
00092061.2
SECTION 33. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
17.G.
00091740.2
Signature Page
GOODS AND SERVICES AGREEMENT
FOR ON-CALL ABATEMENT SERVICES
BETWEEN THE CITY OF HEMET AND WEST SWPPP SERVICES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
VENDOR
By:
Its:
17.G.
Exhibit A – Scope of Services
EXHIBIT “A”
SCOPE OF SERVICES
Abatement services shall include, but are not limited to, the following services and/or activities:
1. Abatement: Contractor shall cleanup sites and other areas as assigned by the City. Preparation for clean-up may include surveying sites, scheduling clean-ups, or preparing required documentation.
Clean-ups shall include collecting of debris, dismantling of unpermitted structures, removing trash, and disposing of all debris at an appropriate disposal site. Contractor shall identify and dispose of materials excluded from disposal at said landfill (i.e., hazardous waste, universal waste, medical waste, and other items banned from landfills and transfer stations) at a site permitted to accept such material.
2. Materials and Equipment: Contactor shall supply all labor, materials, tools, heavy machinery and equipment, vehicles, protective gear, portable bathroom facilities, dumpsters, and other supplies that may be required to remove large quantities of tires, concrete, weeds, debris, litter, and waste. Such equipment, tools, and protective gear shall be sufficient for all job site conditions.
3. Ancillary Items: Payment for any items that are not specifically called out in the Scope of Work are to be considered ancillary to the work and no additional compensation will be allowed. These items include, but are not limited to, hauling and disposal related fees.
4. Management: Contractor shall be responsible for the supervision/management of its crew and ensure all necessary safety procedures are followed.
5. Best Practices: Contractor shall follow best practices work procedures to safely manage any hazardous materials that may be found on the job site including, but not limited to, soiled personal hygiene items, urine, feces, syringes and other materials which could pose a health risk. If weapons or drugs are found on the job site, the contractor shall immediately notify appropriate law enforcement and shall not move the weapons or drugs.
6. Proper Handling: Contractor shall properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.
17.G.
Exhibit B - Compensation
EXHIBIT “B”
COMPENSATION
Compensation for the Services shall not exceed Seventy Thousand Dollars ($70,000.00) per City Fiscal Year.
Description UOM Unit Price
Minimum Charge PER JOB $180.00
Weed Eating HR $45.00
Mowing Vegetation ACRE $145.00
Discing ACRE $145.00
Dump Fee CY $35.00
Concrete Removal CY $162.00
Mattress Removal EA $35.00
Appliance and Furniture Removal EA $45.00
Bobcat (4 hr min) HR $80.00
Dozer (4 hr min) HR $80.00
Routine Trash/Litter/Debris Removal HR $45.00
Clean Up Vacant Lots/Construction Waste TON $470.00
Clean Up Vacant Lots/Combustible Waste TON $400.00
Tumbleweed Removal 1/2 ACRE $72.50
Tire Removal - Small Tires TIRE $55.00
Tire Removal - Large Tires TIRE $65.00
Tire Removal TON $800.00
17.G.
Exhibit C – Schedule of Performance
EXHIBIT “C”
SCHEDULE OF PERFORMANCE
Work Assignments
• Contractor shall provide services as assigned, which may vary week to week. The City will assign work depending on need.
General Response Time Requirements
• Emergency Response: Contractor shall respond to emergency abatement requests within 4 hours of notice from the City. Work must begin within 8 hours unless otherwise agreed.
• Routine Requests: Contractor shall begin work on routine, non-emergency abatement assignments within 3 business days of receiving a work order unless otherwise agreed. • Completion Time: Each assigned abatement project shall be completed within the time frame specified in the work order, typically no longer than 5 business days, unless extended by written authorization from the City.
Reporting and Documentation
• Contractor shall submit completion reports within 24 hours of completing each assigned project.
• Reports must include: before and after photos, quantity/type of debris removed, disposal manifests, safety incident logs (if any), and confirmation of compliance with applicable disposal requirements.
• Contractor shall also submit a monthly summary report to the City including all work performed, staff/equipment used, and any incidents or issues encountered.
17.G.
Exhibit D – Insurance
EXHIBIT “D”
INSURANCE
(A)INSURANCE REQUIREMENTS. Vendor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Vendor, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Vendor shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Vendor shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Vendor shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
WORKERS’ COMPENSATION INSURANCE. Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Vendor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
17.G.
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Vendor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Vendor shall furnish certificates and endorsements from each subcontractor identical to those Vendor provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Vendor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on
17.G.
Exhibit D – Insurance
a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
17.G.
I. am covzx sneer
"Munou sou am
ammo: ABATEIIENT SERVICES
Camp-y mm:
M ms: Wu;
mm. “a \m
“Camshmmm
Adam:
154M unhmnm wq
mun"... a:
(asm'au , 61 12>
a... .—
Cunwnwk, we (12$?!
my my a. bum:
awswmvm‘xemu mm ,5 A5353
um"... Wnum-(ym M...
I; ma w ‘ “.5 W
hmneumnmNAAExIm-munmv: mu:
mmmws ou/awcx CFO/Mrch
Canaan-'1 Lac-vermin”: Mumpmmmum.
HG‘HHa web aa—mtw‘l
ms common w suammm rms am mm m. m m: wranmm
ABOVE. mum: rono somvvam youmam
1
17.G.
ii. amsum rm CIWWIDE ABATEMM SERVICES
DATE: 05' 3‘6 3 07)?
To me cm OF HEMEY, CALIFORNIA
BIDDER (Firm Name)
m L (m U:
m. wuinn'unedhereby W and nursesm mmmany and anmama‘s
mupmam mu, Inner, and ”minimum Armament Serviu» Ii weu?ad ’n man u samea Sen/has, .m m pe?um all m 4n m. manner and «me warm: mama"
The arm-sinnedmay mum mman my“: ls nude In good mm,wnmm muumno1 mm?m wimany any plan" 0: pawns mumon m M
5 v, umwnv M m
Mummummm Lump sum $10) Mun
Wm mm m m." am w» wsu
Mum vacuum Derive woe 52,; we
W" mm. m ’ 5mm
nu 1mm; m mm 4 m s om
mm; m jg cm VIII! M93 {4+«:20
mam mm: m cm Vim 29 5450 M o
Mmmm‘ Each 77 Q‘éD $2 ND
:zmmm" m n W? W“
m "Mummy..." . iSoO $9.0m:
om. mw/nm mm ‘ mm ynmxx ,
W. Ynshlhlm/Dzbv'n
mm: Per mm 5n ’ 5CD 55“”
my. mmzmnmwug u um
mm. 1
“75° 5‘3‘"
Clean u mm mumimmm MM 1
5W“) ”-9“:
mama; mm 1-,. 1/2m. ; M510 st Sm
m Mm. n. n49..." 5m 1 vs «3;
m Wm: M 1.4.31.3" 1
11¢; {S
m. Rim-l PM ya» x u 500 M5m
Wm him was
17.G.
‘Guannhus mad above raw-amuppmmm number: «mm plevmul yam me (my am mmmm Iny quanmus on m. Imonm a mm mm mummy
LUMP suM use am {Inwarmand m rum—u3%
(m awe.)
WWI-ma on mo
(in wan!) w W“!-
n. .m mum“ .5 mammnmmmumlnrme en?ve comm wank Imlu?lm an Ippliublc um and may Willing wigs rules, [my mum. evasum‘ ur cmngv munbe «any indium and iMhlod by me was: me am: agrees um nm in any alumna-u m mum: in m «gum, mscm wil “mm
\mr?gum dawn. msmad-rs imam Th- City mm: m- v'uhxw rammy me all um and mwaive any Imuramu
mm.) Nam 752 mm baan mowed amHare mm mm
wows:
mummgmmmsmmmmmummmmmmmamm
mmxwm mmbywnpmsmws,dm‘ummmpmlumnum
wWWMWmmesmmmmMmmmmr
Ww?mmmmmmntwmmw?m
17.G.
in REFERENCE suamrm sun»
mmmmm yam g; m g“ M553”;
Mrs-1mm A932 m?": ?gmg {Q (1355}
Camp...” WE gm mm ?gmqan
Era-mam MW mmuFIMMME—
mmmvmmm males 51; 24 MMwmmm-«W W
Fum?ermeMFlml MW
Andra-01mm ,?m m3” mucum}
{2um :5“ h?r?ngg PmnINc (Juojjw-gagg
Emimnns WW AMMMPNJ. $5.! 595
on a,“
mmmmm Fm as!” 5 Ya u§ 5E
wmmmm‘m «
mug.—
Emma—MMMFM \w
Mdrs???m‘ .» « A
campm» jam 3mg Mum «anagrams
mum,“ 1% «gm as, Annumnth‘ ?g 999
mmnw FMWYD “2.; 32,
WWnd‘W ~
\
_. ,
WM—
10
17.G.
VII. DESIGNATIONQF§UBCONTRACTORS
‘ Nai?ea! Subcontractor
Locauo
Percentage of Work Lgcansce No. _!
‘
l
I
\
I
n of Place of
' ma
Business. and Email Description and Subcontractor“: Registration Mdtess
(Bldrier to attach additional sheets if nece ry)
(PUBLIC CONT T CODE 4100 ET SEC.)
17.G.
City of Hemet
Bid Results for Project On Call Abatement Services
Issued on 05/15/2025
Bid Due on May 28, 2025 3:00 PM (PDT)
Exported on 05/29/2025
Line Totals (Unit Price * Quantity)
Item# Description UOM QTY Unit Price Line Total Comment Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Minimum Charge PER JOB 1 $ 180.00 $ 180.00
Hourly rate is $45 per
man (two men two
hours) normal basic
charge $ 300.00 $ 300.00 $ 200.00 $ 200.00 $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 2 Weed Eating HR 365 $ 45.00 $ 16,425.00
Scope of work
dictates men needed
to complete job $ 150.00 $ 54,750.00 $ 36.00 $ 13,140.00 $ 200.00 $ 73,000.00 $ 50.00 $ 18,250.00 3 Mowing Vegetation ACRE 425 $ 145.00 $ 61,625.00 $ 200.00 $ 85,000.00 $ 375.00 $ 159,375.00 $ 250.00 $ 106,250.00 $ 500.00 $ 212,500.00 4 Discing ACRE 610 $ 145.00 $ 88,450.00 $ 175.00 $ 106,750.00 $ 375.00 $ 228,750.00 $ 300.00 $ 183,000.00 $ 500.00 $ 305,000.00 5 Tree Trimming HR 11 $ 45.00 $ 495.00 $ 300.00 $ 3,300.00 $ 125.00 $ 1,375.00 $ 600.00 $ 6,600.00 $ 600.00 $ 6,600.00 6 Dump Fee CY 31 $ 35.00 $ 1,085.00 $ 150.00 $ 4,650.00 $ 35.00 $ 1,085.00 $ 325.00 $ 10,075.00 $ 1,000.00 $ 31,000.00 7 Concrete Removal CY 29 $ 162.00 $ 4,698.00 $ 450.00 $ 13,050.00 $ 95.00 $ 2,755.00 $ 675.00 $ 19,575.00 $ 2,000.00 $ 58,000.00 8 Mattress Removal EA 27 $ 35.00 $ 945.00 $ 80.00 $ 2,160.00 $ 85.00 $ 2,295.00 $ 275.00 $ 7,425.00 $ 100.00 $ 2,700.00 9 Appliance and Furniture Removal EA 41 $ 45.00 $ 1,845.00 $ 175.00 $ 7,175.00 $ 100.00 $ 4,100.00 $ 275.00 $ 11,275.00 $ 300.00 $ 12,300.00 10 Bobcat (4 hr min) HR 4 $ 80.00 $ 320.00 $ 500.00 $ 2,000.00 $ 140.00 $ 560.00 $ 900.00 $ 3,600.00 $ 1,000.00 $ 4,000.00 11 Dozer (4 hr min) HR 4 $ 80.00 $ 320.00 $ 650.00 $ 2,600.00 $ 160.00 $ 640.00 $ 1,760.00 $ 7,040.00 $ 1,000.00 $ 4,000.00 12 Routine Trash/Litter/Debris Removal HR 50 $ 45.00 $ 2,250.00 $ 300.00 $ 15,000.00 $ 40.00 $ 2,000.00 $ 325.00 $ 16,250.00 $ 800.00 $ 40,000.00 13 Clean Up Vacant Lots/Construction Waste TON 1 $ 470.00 $ 470.00 $ 1,750.00 $ 1,750.00 $ 1,350.00 $ 1,350.00 $ 675.00 $ 675.00 $ 3,000.00 $ 3,000.00 14 Clean Up Vacant Lots/Combustible Waste TON 1 $ 400.00 $ 400.00 $ 2,250.00 $ 2,250.00 $ 2,500.00 $ 2,500.00 $ 475.00 $ 475.00 $ 4,000.00 $ 4,000.00 15 Tumbleweed Removal 1/2 ACRE 1 $ 72.50 $ 72.50
1/2 acre - 1 full acre
charge is $145 $ 1,500.00 $ 1,500.00 $ 400.00 $ 400.00 $ 325.00 $ 325.00 $ 4,000.00 $ 4,000.00 16 Tire Removal - Small Tires TIRE 1 $ 55.00 $ 55.00 $ 35.00 $ 35.00 $ 12.00 $ 12.00 $ 12.00 $ 12.00 $ 80.00 $ 80.00 17 Tire Removal - Large Tires TIRE 1 $ 65.00 $ 65.00 $ 75.00 $ 75.00 $ 50.00 $ 50.00 $ 18.00 $ 18.00 $ 100.00 $ 100.00 18 Tire Removal TON 1 $ 800.00 $ 800.00 $ 1,500.00 $ 1,500.00 $ 1,300.00 $ 1,300.00 $ 200.00 $ 200.00 $ 4,000.00 $ 4,000.00 Subtotal $ 180,500.50 $ 303,845.00 $ 421,887.00 $ 447,295.00 $ 710,530.00 Total $ 180,500.50 $ 303,845.00 $ 421,887.00 $ 447,295.00 $ 710,530.00
WEST SWPPP SERVICES
A+ Junk Removal & Constr
Clean-Up Eagle Eye Demolition, Inc Hunter Consulting Inc Singh Group Inc
17.G.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 24 2025
Department: City Council
Submitted by: Mark Prestwich, City Manager
Scott Underwood, Information Technology 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 Purchase and Replacement of 47 Laptop Computers, 40 Desktop Computers, and Accessories from SHI International Corporation in the amount of $348,045.19; and Authorizing the City Manager to Execute Purchase Orders and all Other Supporting Documents Related to these purchases.
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 Purchase and Replacement of 47 Laptop Computers, 40 Desktop Computers, and Accessories from SHI International Corporation in the amount of $348,045.19; and Authorizing the City Manager to Execute Purchase Orders and all Other Supporting Documents Related to these purchases.
BACKGROUND:
In a business environment, keeping technology equipment in service beyond the manufacturer’s life cycle is not recommended. Increased maintenance, repairs, and lost productivity can quickly exceed the cost of replacement equipment — the liability and risk associated with operating unsupported hardware increase vulnerability to emerging cybersecurity threats.
ANALYSIS:
Due to rapid improvements in technology, business desktop computers have a maximum life cycle of five years. Beyond this life cycle, hardware compatibility often limits the ability to transition to modern software and operating systems (OS).
Recent investments in modernizing the City's network and telephone systems have created a strong foundation for transitioning to laptop-based work environments. Seventy-five percent of City desk telephones were eliminated and are now answered using a computer or cellular phone. With improved connectivity and more flexible communication tools, staff can now work more efficiently
17.H.
from various locations. At the same time, these upgrades have deepened our reliance on computers as essential tools for engaging with the public.
In preparation for this need, the City budgeted the first year of a five-year computer replacement fund in the fiscal year 2024-25 budget. This funding complements both the expected 5-year computer lifecycle and the 5-year hardware warranty purchased with each computer.
DISCUSSION:
For fiscal year 2024-25, 87 computers are scheduled to be replaced. Each department was contacted for its preferred replacement hardware. The breakdown of computers to be replaced and requested hardware is as follows:
Police: (26 Computers Total)
Requested : 2 Desktops, 4 Laptops, 20
Tablet Computers
Fire/DLS: (13 Computers Total)
Requested: 8 Desktops, 5 Laptops
Fleet: (1 Computer Total)
Requested:1 Laptop Facilities: (1 Computer Total)
Requested: 1 Laptop
Streets: (1 Computer Total)
Requested: 1 Laptop
Public Works Administration:
(3 Computers Total)
Requested: 3 Laptops
Parks: (1 Computer Total)
Requested: 1 Laptop
Water/Wastewater:
(2 Computers Total)
Requested: 2 Laptops
Engineering: (1 Computer Total)
Requested: 1 Laptop
Human Resources:
(1 Computer Total)
Requested: 1 Laptop
Library: (11 Computers Total)
Requested: 8 Desktops, 3 Laptops
Planning/CDD: (5 Computers Total)
Requested: 2 Desktops, 3 Laptops
Utility Billing: (2 Computers Total)
Requested: 2 Desktops
Finance: (3 Computers Total)
Requested: 3 Desktops
City Clerk: (1 Computer Total)
Requested: 1 Desktop
Conference Rooms (I.T.):
(5 Computers Total)
Requested: 5 Micro Desktops
I.T.: (10 Computers Total)
Requested: 9 Desktops, 1 Laptop
The above purchase will transition all overtime-exempt staff (Directors, Managers, and Supervisors) from using a desktop to a laptop computer. Desktop computers made available by this move will be distributed within each department. The balance of replaced equipment will be desktops or vehiclePage 2 of 456
17.H.
mounted tablet computers. An equal amount of computers from each department (starting with the oldest) will be removed from service.
Information Technology staff have coordinated with the Procurement Administrator regarding this purchase. To obtain the best value in price, quality, and warranty, the City recommends utilization of the Omnia Partners contract 2024056-02. Omnia Partners is a national purchasing cooperative that offers competitively bid and awarded contracts, allowing the City to pay a lower price for computers while reducing administrative costs
PREVIOUS COUNCIL ACTION:
On June 11, 2019 City Council approved the the last major replacement of 62 City desktop computers in the amount of $92,108.79.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council adopted Strategic Action Item: Evaluate the IT function and future needs.
FISCAL IMPACT:
No additional appropriations are being requested.
Funding for Year 1 of the Citywide computer replacement program in the amount of $348,045.19 has been approved in the fiscal year 2024-25 adopted budget. Funding will come from Information Technology (I.T.) Operations Account 680-1935-2270 in the amount of $262,308.00 and 680-1935- 5400 in the amount of $85,737.19.
Staff is requesting a budget transfer of $85,737.19 from account 680-1935-5400 (Major Equipment) to account 680-1935-2270 (Computer Hardware) to consolidate all funds into a single account.
Funding for subsequent years of the citywide computer replacement program will be included in the I.T. annual budget (Fund No. 680).
ATTACHMENT(S):
Attachment 1 - Resolution - Citywide computer replacement Attachment 2 - SHI Computer Quote
SHI International - Citywide Computer Purchase - 2025-096
17.H.
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING THE PURCHASE
AND REPLACEMENT OF 47 LAPTOP COMPUTERS, 40
DESKTOP COMPUTERS, AND ACCESSORIES FROM SHI
INTERNATIONAL CORPORATION IN THE AMOUNT OF
$348,045.19; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE PURCHASE ORDERS AND ALL OTHER
SUPPORTING DOCUMENTS RELATED TO THESE
PURCHASES
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, in a business environment, keeping technology equipment in service beyond the manufacturer’s life cycle is not recommended; and WHEREAS, due to rapid improvements in technology, business desktop computers have a maximum life cycle of 5 years. Beyond this life cycle, hardware compatibility often limits the ability to transition to modern software and operating systems (OS); and
WHEREAS, recent investments in modernizing our network and telephone systems have created a strong foundation for transitioning to laptop-based work environments; and
WHEREAS, with improved connectivity and more flexible communication tools, staff can now work more efficiently from various locations; and WHEREAS, these upgrades have deepened our reliance on computers as essential tools for engaging with the public; and
17.H.
WHEREAS, this purchase will transition all overtime exempt staff (Directors, Managers, and Supervisors) from using a desktop to a laptop computer.; and WHEREAS, computers made available by this move will be distributed within each department; and
WHEREAS, the balance of replaced equipment in this purchase will address aged desktop computers and vehicle-mounted tablet computers; and WHEREAS, utilizing the OMNIA Partners Contract 2024056-02 allows the City to utilize competitively bid and awarded contracts for this purchase, allowing the City to pay a lower price for computers while reducing administrative costs; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. DETERMINES – The City Council hereby approves the purchase and replacement of network 47 laptop computers, 40 desktop computers, and accessories from SHI International Corporation in the amount of $348,045.19.
SECTION 3. ORDERS – The City Council hereby authorizes the City Manager to execute Purchase Orders and all Other Supporting Documents Related to the Agreement.
SECTION 4. EFFECTIVE DATE – This resolution shall become effective on June 24, 2025.
17.H.
PASSED, APPROVED AND ADOPTED this 24th day of June, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.H.
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 24th day of June, 2025, and was passed by the following vote:
AYES: Council Members: None.
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
17.H.
Pricing Proposal
Quotation #: 26322077
Created On: 6/18/2025
Valid Until: 6/30/2025
CA-City of Hemet Inside Account
Executive
Scott Underwood
445 E. Florida Ave
Hemet, CA 92543
United States
Phone: 9517652348
Fax:
Email: [email protected]
Alex Coleman
290 Davidson Ave.
Somerset, NJ 08873
Phone: 732-667-2788
Fax:
Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Dell Pro Plus Micro XE
Dell - Part#: 3000191454291.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
5 $1,454.28 $7,271.40
2 Dell Pro Plus 16"
Dell - Part#: 3000191454289.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
5 $1,787.16 $8,935.80
3 Dell Pro AIO 24"
Dell - Part#: 3000191454293.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
26 $2,040.52 $53,053.52
4 Dell Precision 5860
Dell - Part#: 3000191454295.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
9 $4,764.55 $42,880.95
5 DELL 24" MONITOR - P2425D
Dell - Part#: 3000191454296.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
20 $291.16 $5,823.20
6 DELL 24" TOUCHSCREEN MONITOR - P2424HT
Dell - Part#: 3000191454297.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
54 $363.96 $19,653.84
7 DELL 24" VIDEO CONFERENCING MONITOR P2424HEB
Dell - Part#: 3000191454290.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
29 $355.87 $10,320.23
17.H.
8 Dell Pro Dock - WD25
Dell - Part#: 3000191454298.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
7 $174.69 $1,222.83
9 DELL PRO KEYBOARD AND MOUSE KM5221W
Dell - Part#: 3000191454294.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
49 $41.91 $2,053.59
10 APC UPS 650VA BE650G1
Dell - Part#: 3000191454731.1
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
54 $117.99 $6,371.46
11 Microsoft Surface Laptop 6 15in Ultra7/16/512 CM SC English Black US/Canada 1 License
Dell - Part#: ZLQ-00001
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
16 $1,859.12 $29,745.92
12 Microsoft Surface Pro10 5G 13in Ultra7/32/512 Win11 Platinum Dell - Part#: EP2-14821
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
2 $2,320.78 $4,641.56
13 Microsoft Surface 4yr Extended Warranty Complete for Business Plus (CFB+) with Accidental Damage Protection, Next Business Day Replacement Replacement and Drive Retention. Compatible Surface Devices: Laptop 7, Laptop 6. Service length:
4YRS
Dell - Part#: ZWM-00043
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
18 $322.76 $5,809.68
14 Microsoft Surface Dock 2 Commercial Black - Power supply - Dimensions: 5.12 x
2.75x 1.18 inch (130 mm x 70 mm x 30 mm)1-year limited warranty Dell - Part#: 1GK-00001
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
18 $235.45 $4,238.10
15 BSKU, Win11 Pro, Intel Core i5-1345U vPro (up to 4.7GHz), AMT, 12.0in QHD Gloved Multi Touch+Digitizer, 16GB, Intel Iris Xe, 512GB OPAL SSD, Intel Wi-Fi 6E, Bluetooth, 4G EM7595, GPS, COM Splitter, Dual Pass (Ch1:WWAN/Ch2:GPS), Mic and Infrared 2MP Webcam
Dell - Part#: CF-33YA-04BM
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
20 $5,063.46 $101,269.20
16 Win11 Pro, Intel Core i7-1370P vPro (up to 5.2GHz), AMT, 14.0 FHD 1000 nit Gloved Multi Touch, 16GB, Intel UHD, 512GB OPAL SSD, Intel Wi-Fi 6E, Bluetooth, 4G EM7595, GPS, COM Splitter, Dual Pass (Ch1:GPS/Ch2:WWAN), Mic and Infrared 2MP Webcam, Standard Ba
Dell - Part#: FZ-55JZ01BBM
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
4 $3,495.94 $13,983.76
17 Desktop Dock for FZ-55. USB-A (4), HDMI (2), VGA, Serial, LAN. NO AC Adapter Included.
Dell - Part#: PAN-FZ-VEB551U
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
4 $399.40 $1,597.60
17.H.
18 AC Adapter (110W) for CF-33, FZ-40, FZ-55, FZ-G2, CF-FV4 Dell - Part#: CF-AA5713A2M
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
4 $70.92 $283.68
19 California Recycling Fee
State Of California - Part#: CA-RECYC-S
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Note: 15"-35" = $5 per device
176 $5.00 $880.00
Subtotal $320,036.32
*Tax $28,008.87
Total $348,045.19
*Tax is estimated. Invoice will include the full and final tax due.
Additional Comments
Dell has a no-returns policy on all hardware products. If an item is DOA, missing, wrong, or visibly damaged in transit, SHI must be notified within 20 days.
Please Note: Panasonic has a zero returns policy for their Toughbooks and Toughpads Please Note: Microsoft only has a return policy for DOA units for Surface and Surface Hub Devices. The following are the DOA timeframes:
Surface Hub (55” and 84”) - 10 Days
All other Surface Devices - 30 Days
Due to the potential impact of any current or future tariffs, the price and availability of hardware items on this quote may be subject to change.
Maximize your technology's lifecycle with SHI's services to recover, redeploy, remarket, and recycle your devices. For more information, contact [email protected]
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date set above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order.
SHI International Corp. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.
17.H.
GOODS AND SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET,
A CALIFORNIA MUNICIPAL CORPORATION
AND
SHI INTERNATIONAL, CORP.
A NEW JERSEY CORPORATION
AGREEMENT # 2025-096
17.H.
00092061.2
GOODS AND SERVICES AGREEMENT
FOR CITYWIDE COMPUTER PURCHASE
BETWEEN THE CITY OF HEMET AND SHIINTERNATIONAL, CORP.
THIS GOODS AND SERVICES AGREEMENT (“Agreement”) is made and entered into this 25th day of June, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and SHI International, Corp., a New Jersey corporation (“Vendor”). For the purposes of this Agreement City and Vendor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. In compliance with federal, state and City procurement regulations, the City has obtained competitive pricing for the Project using the OMNIA cooperative contract # 2024056-02 attached hereto and incorporated herein by reference as Exhibit “E” [Cooperative Agreement] to purchase from Vendor the materials defined and described particularly in Section 2, “Scope of Services” of this Agreement.
2. Vendor desires to perform and assume responsibility for the sale of certain materials and equipment required by the City on the terms and conditions set forth in this Agreement.
3. Vendor represents that it has the required competence and qualifications necessary for the satisfactory performance to provide materials and equipment requested by the City.
4. The Parties desire to formalize the selection of Vendor to sell to City the materials and equipment as defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the term of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through December 31, 2025, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. Vendor shall provide all Goods (defined particularly below) and complete the Services (defined particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines.
SECTION 2. SCOPE OF SERVICES
(a) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of
17.H.
00092061.2
Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Vendor for the Services.
(b) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Goods”). Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.
SECTION 3. SCHEDULE OF PERFORMANCE
Vendor shall provide the Goods and/or Services expeditiously, within the Term of this Agreement, as set forth in Exhibit “C,” “Schedule of Performance.” Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.
SECTION 4. ADDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Vendor perform “Additional Work.” As used herein, “Additional Work” means any work which is determined by City to be necessary for the proper completion of the Goods and/or Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 27 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Goods and Services.
SECTION 5. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Vendor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred and Forty-Eight Thousand Forty-Five Thousand Dollars and Nineteen Cents ($348,045.19) (“Not to Exceed Amount”), unless additional compensation is approved in writing in accordance with Section 27 “Administration and Implementation” or Section 28“Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To enroll in ACH electronic payments contact [email protected].
(c) Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Vendor.
17.H.
00092061.2
(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” (e) If Additional Work is authorized, Vendor will be compensated at the same rates and manner as set forth in this Agreement.
SECTION 6. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed and/or the goods provided. The invoices shall be emailed to [email protected]. (b) Vendor shall at any time prior to the fifteenth (15th) of any month, submit to City a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City, as detailed in (c) below. (c) In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 5(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Vendor to determine whether the work performed/ good delivered and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (d). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission.
(d) Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within forty-five (45) days of receipt of Vendor’s correct and undisputed invoice. (e) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the 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
17.H.
00092061.2
Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.
SECTION 7. INDEPENDENT CONTRACTOR
(a) Vendor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Vendor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel providing the Goods and/or Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Vendor or any of Vendor’s officers, employees, subcontractors or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Vendor, nor any of Vendor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Vendor expressly waives any claim Vendor may have to any such rights.
SECTION 8. ACCEPTANCE OF GOODS
(a) The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. Acceptance of any of the Goods by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.” (b) If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.
SECTION 9. ACCEPTANCE OF SERVICES
City may inspect and accept or reject any of Vendor’s work under this Agreement, either during performance of the Services or when Services are completed. City shall reject or finally accept Vendor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Vendor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
17.H.
00092061.2
gross mistakes as amount to fraud. Acceptance of any of Vendor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.”
SECTION 10. CONTINUITY OF PERSONNEL
Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services. Vendor shall notify City of any changes in Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services prior to and during any such performance.
SECTION 11. STANDARD OF PERFORMANCE
Vendor represents and warrants that it has the qualifications, experience and facilities necessary to properly provide the Goods and/or Services required under this Agreement in a thorough, competent and professional manner. Vendor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Goods and/or Services. In meeting its obligations under this Agreement, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Vendor under this Agreement, and shall use such skill, prudence, and diligence as other members of Vendor’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Vendor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. WARRANTY OF GOODS
In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
17.H.
00092061.2
SECTION 13. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) Vendor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. Vendor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Vendor represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the Goods and/or Services set forth in this Agreement and that such licenses are in good standing. Vendor further represents and warrants that the Services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Vendor to comply with this section. (b) Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).
Vendor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment,” which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.
(c) To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. i. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s non-compliance with the laws, regulations and policies described in
17.H.
00092061.2
this section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
ii. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section.
Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.
SECTION 14. PREVAILING WAGE LAWS
(a) Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is onethousand dollars ($1,000) or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.
(b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
17.H.
00092061.2
SECTION 15. NONDISCRIMINATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Vendor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Vendor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 16. SAFETY
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and lifesaving equipment and procedures; ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and iii. Adequate facilities for the proper inspection and maintenance of all safety measures.
SECTION 17. ACCOUNTING RECORDS
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
SECTION 18. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such
17.H.
00092061.2
remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Goods and/or Services provided under this Agreement.
SECTION 19. INDEMNIFICATION
(a) To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Vendor or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Goods and/or Services provided by Vendor, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control.
Vendor’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Vendor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Vendor and shall survive the termination of this Agreement and this section.
SECTION 20. INSURANCE
Vendor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “D” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Vendor agrees to provide City with copies of required policies upon request.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Vendor. In the event such notice is given, Vendor shall cease immediately all work in progress.
17.H.
00092061.2
(b) Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Vendor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor’s possession shall be returned to City. Vendor shall furnish to City a final invoice for work performed and expenses incurred by Vendor prepared as set forth in Section 6 “Method of Payment and Invoicing” of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 6 “Method of Payment and Invoicing” of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Vendor’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Vendor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Vendor with written notice of the rescission, at which time Vendor would be required to resume performance in compliance with the terms and provisions of this Agreement. Vendor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave
Hemet CA 92543
To Vendor: SHI International, Corp
Attn: Alex Coleman
290 Davidson Ave
Somerset, NJ 08873
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
17.H.
00092061.2
SECTION 23. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 24. ASSIGNMENT
Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
SECTION 25. WAIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Goods or Services shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 26. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Vendor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Vendor to the performance of its obligations hereunder.
SECTION 27. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 28. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. CONFLICTS OF INTEREST
(a) Vendor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Vendor’s ability to provide the Goods and/or Services. Vendor further covenants that in the performance of this Agreement, no person
17.H.
00092061.2
having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Vendor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Vendor is, as of the date of execution of this Agreement, independently involved in providing non-related goods and/or services to other governmental agencies and private parties. Vendor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Vendor will, provide non-related goods and/or services for other governmental agencies and private parties following the completion of providing the Goods and/or Services under this Agreement. Any such future goods and/or services shall not be considered a conflict of interest for purposes of this section.
SECTION 30. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
17.H.
00092061.2
SECTION 34. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
17.H.
00091740.2
GOODS AND SERVICES AGREEMENT
FOR CITYWIDE COMPUTER PURCHASE
BETWEEN THE CITY OF HEMET AND SHI INTERNATIONAL, CORP.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
VENDOR
By:
Its:
17.H.
Exhibit A – Scope of Services
EXHIBIT “A”
SCOPE OF SERVICES
The City desires to purchase the following items from SHI International, Corp.
17.H.
00091740.2 Page 27 of 456
17.H.
00091740.2 Page 28 of 456
17.H.
Exhibit B - Compensation
EXHIBIT “B”
COMPENSATION
Compensation for the Services shall not exceed Three Hundred and Forty-Eight Thousand FortyFive Dollars and Nineteen Cents ($348,045.19).
17.H.
00091740.2 Page 30 of 456
17.H.
00091740.2 Page 31 of 456
17.H.
Exhibit C – Schedule of Performance
EXHIBIT “C”
SCHEDULE OF PERFORMANCE
[NOT USED]
17.H.
EXHIBIT “D”
INSURANCE
(A)INSURANCE REQUIREMENTS. Vendor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Vendor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Vendor shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Vendor shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Vendor shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
WORKERS’ COMPENSATION INSURANCE. Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Vendor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
17.H.
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Vendor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Vendor shall furnish certificates and endorsements from each subcontractor identical to those Vendor provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Vendor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
17.H.
non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
17.H.
EXHIBIT “E”
COOPERATIVE AGREEMENT
17.H.
City of Mesa
Contract # 2024056-02
for
Information Technology Solutions Products and Services
with
SHI International
Effective: July 2, 2024
17.H.
The following documents comprise the executed contract between the City of Mesa, and SHI International effective July 2, 2024:
I. City of Mesa/SHI Signed Contract
II. Supplier’s Response to the RFP, incorporated by reference a. OMNIA Partners
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
Edward Quedens
Business Services Director
7/3/24 12:57 MST
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
Proposer Name: SHI International Corp.
17.H.
17.H.
17.H.
SHI Response to
The City of Mesa/ OMNIA
2024056 Information Technology Solutions
Products and Services
December 21, 2023
17.H.
December 21, 2023
Ted Stallings
City of Mesa
480-644-2815
[email protected]
Dear Ted Stallings,
The City of Mesa is crucial in strengthening our educational institutions, enhancing government infrastructure, and bolstering critical services for our community. As a trusted partner for the past five years, and recipient of the 2023 OMNIA Public Sector Supplier of the Year award, SHI stands as one of the most seasoned and accomplished technology advisors in the public sector today. With rich experience spanning over 30 years and an impressive revenue of $14 billion, SHI has an in-depth understanding of the intricate and evolving technological needs faced by large municipalities such as the City of Mesa.
During the last five years of the existing contract, we have successfully assisted in the digital transformation of infrastructure for over 4,000 unique government entities, leading to increased efficiency and enhanced constituent experiences. In 2023, our industry-leading public sector vertical contributed to nearly $500 million in sales to our existing City of Mesa/OMNIA Partners contract.
Beyond monetary gains, our culture is deeply rooted in customer satisfaction and long-term shared successes. This is reflected in the fact that over 97 percent of our success originates from existing customers, including the City of Mesa. Our extensive vendor relationships and contracting vehicles enable us to provide bespoke solutions tailored to specific needs and constraints.
Our continued growth has allowed us to expand our offerings and service capabilities, ensuring we deliver cutting-edge, high-value IT solutions to the public sector. Whether cloud migration, security hardening, infrastructure optimization, or application modernization, SHI’s team of experts, backed by proven experience and robust partnerships, are equipped to execute projects of any scale and complexity while maximizing the value of taxpayer dollars. At SHI, we remain committed to leveraging technology for the greater public good.
We have had tremendous success growing the value of our first awarded contract and will continue our commitment to expanding the use of this contract and supporting City of Mesa/OMNIA members with the latest technology, cost savings, technical expertise, and compliant procurement. We appreciate the opportunity to participate in your RFP, 2024056 Information Technology Solutions Products and Services.
We believe our proposal illustrates why we are best qualified to meet the needs of the City/OMNIA, providing evidence of our ability to deliver the highest quality solutions at the best possible cost. Should you have any questions regarding our response, or if you require additional information, please contact me at [email protected] or 732-754-1554 or your SHI Account Executive, Victoria Lewkowitz at [email protected] or 650-483-9333. Thank you for your consideration, and I look forward to sharing with you all SHI has to offer.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
Version June 28, 2023
2024056 Page 48 of 137
Exhibit F
Federal Funds Certifications
FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.
DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non– Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward
Contractor means an entity that receives a contract as defined in Contract.
Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or passthrough entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit
17.H.
Version June 28, 2023
2024056 Page 49 of 137
organization that carries out a Federal award as a recipient or subrecipient.
Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.
Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.
Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.
Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.)
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.
The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204-24 and FAR 52.204-25, solicitations and resultant contracts shall contain the following provisions.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision—
17.H.
Version June 28, 2023
2024056 Page 50 of 137
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer. (i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
17.H.
Version June 28, 2023
2024056 Page 51 of 137
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020).
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
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.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
17.H.
Version June 28, 2023
2024056 Page 52 of 137
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
Version June 28, 2023
2024056 Page 78 of 137
Exhibit G
New Jersey Business Compliance
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Disclosure of Investment Activities in Iran, Russia and Belarus DOC #7 New Jersey Business Registration Certificate
DOC #8 EEOAA Evidence
DOC #9 MacBride Principals Form
New Jersey suppliers are required to comply with the following New Jersey statutes when applicable:
all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;
Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and Bid and Performance Security, as required by the applicable municipal or state statutes.
17.H.
17.H.
17.H.
Version June 28, 2023
2024056 Page 81 of 137
DOC #2
NON-COLLUSION AFFIDAVIT
STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form: NON-COLLUSION AFFIDAVIT
Statutory Reference: No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference: Statutory and Other Requirements VII-H Description:
The Owner’s use of this form is optional. It is used to ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding.
17.H.
17.H.
Version June 28, 2023
2024056 Page 83 of 137
DOC #3
AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name:
Street:
City, State, Zip Code:
Proposal Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations.
Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Affirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:
1. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);
OR
2. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;
OR
3. A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.
Public Work – Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA201) for this contract.
B. Approved Federal or New Jersey Plan – certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _________________ _ ______________ Date Authorized Signature and Title
17.H.
17.H.
Version June 28, 2023
2024056 Page 84 of 137
17.H.
Version June 28, 2023
2024056 Page 85 of 137
DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
17.H.
Version June 28, 2023
2024056 Page 86 of 137
______________ _______________ Signature of Procurement Agent
17.H.
Version June 28, 2023
2024056 Page 87 of 137
DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns 2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.
These submissions are appropriate and should be accepted. d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
17.H.
Version June 28, 2023
2024056 Page 88 of 137
DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
any State, county, or municipal committee of a political party any legislative leadership committee*
any continuing political committee (a.k.a., political action committee) any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit all principals, partners, officers, or directors of the business entity or their spouses any subsidiaries directly or indirectly controlled by the business entity IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. * N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
17.H.
17.H.
17.H.
17.H.
17.H.
Version June 28, 2023
2024056 Page 93 of 137
DOC #7
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. https://www.njportal.com/DOR/BusinessRegistration/
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
17.H.
Version June 28, 2023
2024056 Page 60 of 137
FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities. “Contract” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”. “Contractor” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.
Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.
Notice of Legal Matters Affecting the Federal Government In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:
1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government emerges, the Contractor shall promptly notify the Participating Public Agency of the legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.
17.H.
Version June 28, 2023
2024056 Page 61 of 137
2) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
3) The Contractor further agrees to include the above clause in each subcontract, at every tier, financed in whole or in part with Federal assistance provided by the FTA.
Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c. Applicable prevailing wage laws, regulations, and executive orders Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
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 tasks 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; and
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.
Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.
Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
1. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate.
1.1 Applicability
17.H.
Version June 28, 2023
2024056 Page 62 of 137
This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.
17.H.
Version June 28, 2023
2024056 Page 63 of 137
1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.
2. TERMINATION FOR CAUSE AND CONVENIENCE
a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B). b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
3. EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-
1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C). b. Key Definitions.
i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-
1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property,
17.H.
Version June 28, 2023
2024056 Page 64 of 137
iii. including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to
17.H.
Version June 28, 2023
2024056 Page 65 of 137
ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order.
In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:
Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
17.H.
Version June 28, 2023
2024056 Page 66 of 137
4. DAVIS-BACON ACT
a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.
b. Applicability. The Davis-Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program.
c. Requirements. If applicable, the non-federal entity must do the following:
i. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to FEMA.
iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).
Suggested Language. The following provides a sample contract clause:
Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141- 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
17.H.
Version June 28, 2023
2024056 Page 67 of 137
b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week.
5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.
c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States).
Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.
Sample Language. The following provides a sample contract clause:
Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The 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 this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate 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 clauses.
c. Breach. 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.”
17.H.
Version June 28, 2023
2024056 Page 68 of 137
6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R.
Part 200, Appendix II(E). Under 40 U.S.C. § 3702, 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. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work.
These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:
Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor
17.H.
Version June 28, 2023
2024056 Page 69 of 137
for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity 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 agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).
b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. Standard. If applicable, contracts 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 FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).
b. Applicability. This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.
Clean Air Act
17.H.
Version June 28, 2023
2024056 Page 70 of 137
1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act
1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
9. DEBARMENT AND SUSPENSION
a. Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R.
Part 3000 (Non-procurement Debarment and Suspension).
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
c. Requirements.
i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that 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. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.