17.E.
actiontopreventCity?'omsuchrealizationundegivingofanySecurityinstrumentorthesubsequfailurebyanysuretyor?nancialinstitutiontoperformi gationswith ectthere Developershallbepersonallyliableforperformanceunder greernentand payment thecostofthelaborandmaterialsfortheimproherebyand ithin(10) afterwrittdemand deliversubstituteS City requ isfyingthequirementection1
13. MONUMENTSECURITY .PriortoCity’sexecutionofthisAgreement,toguarantee paymenttotheengineerorsurveyorforthesettingofallsubdivisionboundaries,lotcorners,and streetcenterlinemonumentsforTractNo.32717-2incompliancewiththeapplicableprovisions ofCity’sMunicipaland/orDevelopmentCode(“SubdivisionMonuments”),Developershall depositcashwithCityintheamountofTwentyThreeThousandDollars($23,000.00),which sumshallnotbelessthanonehundredpercent(100%)ofdieCostsofsettingtheSubdivision I, Saidcashdepositmaybereleasedbywritten
CityEngineer,Cityhasreceivedwrittenacknowledgmentofpaymentfullfromtheengineer orsurveyorwhosettheSubdivisionMonuments,andprovidedDevelopisnotindefaultofany provisionofthisAgreementorconditionofapprovalforTractNo.32712.
Agreement,ludithose ationshichsecurityhasbeenprovidedursuantto Sections12 m d13.0 sAgre DeveloperherebycreatesinfavorCityalien againstallportionsofthePropertynotdedicaitoCityorsomeothergovernmentagencyfor apublicpurposeAstoDeveloper’sdefault0
providedpursuanttoSections12.0e_tgeg,andIcollectagainstsuchsecuritypriortoexercisin herebyagreeswithandconsentstothesummaryremovalb ity,withoutnoticetoDeveloper, ofallsignsorotheradvertisingstructureserected,placed,situatedinviolationofanyCity ordinance,regulation,orotherrequirement.RemovalshallattheexpenseofDeveloperand itssurety.Developeranditssuretyshallindemnclaimordemandarisingoutoforincidenttosig itselectedof?cials,of?cers,employees,andagentsfromanyandallactualorallegedclaims, demands,causesofaction,liability,loss,damage,orinjury,topropertyorpersons,including wrongfuldeath,whetherimposedbyacourtoflaworbyadministrativeactionofanyfederal, state,orlocalgovernmentalbodyoragency,arisingoutoforincidenttoanyacts,omissions, negligence,orwillfulmisconductofDeveloper,itspersonnel,employees,agents,orcontractors inconnectionwithorarisingoutofconstructionormaintenanceofthePublicImprovements,or performanceofthisAgreement,Thisindemni?cationincludes,withoutlimitation,thepayment ofallpenalties,?nes,judgmentsawards,decrees,attomeys’fees,andrelatedcostsorexpenses, andthereimbursementofCity,itselectedof?cials,of?cers,employees,and/oragentsforallthem,Thisindemnificationexcludesonlysuch ranySecurityinstrument.NotwithstandingtheentexpirationofanySecurityinstrumentoranytsobli respto,thisA for ofvementsrequiredtobeconstructedorinstalledshall,wtendaysen therefor,toCitysuchecurityasshalliresat re sinthisS 2.
MonumentsasdeterminedbytheCityEngineeauthorizationoftheCityEngineerafterallrequiredSubdivisionMonumentsareacceptedbytheiner7-14.LIEN.TosecurethetimelyperformanceofDeveloper’sobligationsunderthisincngobligforw p.0e_t.anofthiement, of I
ted a111thoseobligationsforwhichsecurityhasbeen3.0ofthisAgreement,Cityshall?rstattempttogitsrightsasacontractlienholderunderthissection.15.SIGNSANDADVERTISING.DeveloperunderstandsandagreestoCity’sordinances,regulations,andrequirementsgoverningsignsandadvertisingstructures.DeveloperyCorbeifyandholdCityfreeandharmlessfromanyns,advertisingstructures,ortheirremoval.16.INDEMNIFICATION.Developershalldefend,indemnify,andholdharmlessCity, ,legalexpensesandcostsincurredbyeachof
#4837-5047-1680v2 9
17.E.
portionofanyclaim,demand,causeofaction,liability age,
propertyorpersons,includingwrongfuldeath,which sole
grossnegligenceorwillfulmisconductofCityaofcompetentjurisdiction.Developer’sobligatioorterminationofthisAgreement,andshallno
17.1Types;Amounts.Developershallprocureandmaintain,andshallrequire itscontractorstoprocureandmaintain,duringconstructionofanyPublicImprovementpursuant tothisAgreement,insuranceofthetypesandintheamountsdescribedbelow.Ifanyofthe RequiredInsurancecontainsageneralaggregatelimit,suchinsuranceshallapplyseparatelyto thisAgreementorbenolessthantwotimesthespeci?edoccurrencelimit.
GeneraLiability.Developanditscontractorsshallgeneralliabilityinsurance,equivalentform,with shallprocureandmaintainbusinessautomobileliabilityinsuranc,orequivalentformwith combinedsinglelimitofnotlessthan$1,000,000peroccurrence.Suchinsuranceshallinclud coveragefortheownership,operation,maintenance,use,loadingorunloadingofanyvehicl owned,leased,hired,orborrowedbytheinsured
procu aintworkcompensationinsurancewithlimitsasrequi abor Code ate Califoandemployer’ liabilityinsurancewithlimit thanwhichinsuredretainsemployees
7.1.4ProfessionalLiability.yconsultantorotherrofeonal
willengineerdesignthePublicImprovemiabilityinsuranceforerroand sionswithlimiatlessthan$1,000,000periodfiveyearfollowingcomplet eendedto ludeontractualliability
Deductiblesdapproved tion ty,either:(a)theinsurershallreduceoreliminate deductible eten asrespectsCity,itselectedof?cials,of?cers, employees,agents,andvolunteers;or(b)Developeranditscontractorsshallprovideafinancial guaranteesatisfactorytoCityguaranteeingpaymentoflossesandrelatedinvestigationcosts, claims,andadministrativeanddefenseexpenses
AdditionalInsured;SeparationofInsureds.eRequisurancelectedof?cials,of?cers,employees,agents,an lunteersditional ludingmaterials,parts, quiprnen’t connectiocrew equired uranceshallcontainstan separatio revisions,shal special ,loss,dampenalty,?ne,orinjury,toiscausedlyandexclusivelybythe5determinedbyacourtoradministrativebody11toindemnifyCityshallsurvivetheexpirationtberestrictedtoinsuranceproceeds,ifany,receivedbyCity,itselectedof?cials,of?cers,employees,oragents.17.INSURANCE.
17.1.11 er procureandmaintainoccurrenceversion or acombinedsinglelimitofnotlessthan$3,000,000peroccurrenceforbodilyinjury,personalinjury,and-propertydamage.17.1.2BusinessAutomobileLiability.Developeranditscontractorse , aee3orforwhichtheinsuredisresponsible.17.1.3Workers’Compensation.Developeranditscontractorsshallreandmainers’ redbytheLoftheStofmia s sofnotless$1,000,000peroccurrence,atalltimesduring1 Foran pssiwho or ents,1 rsomistsn V eroccurrence,shallbeprocuredandmaintainedforap of(5)s ionofthePublicImprovements.Suchinsuranbeshallb orsinc0
17.2 .Anydeductiblesorself—insuredretentionsmustbedeclaredtoan byCity.AttheopofCisuch5orself-insuredr tions
17.3 ThredInshallnameCity,itse dvo asadinsuredswithrespecttoworkperformedbyoronbehalfofDeveloperoritscontractors,inc ore furnishedin nthith.TheRIns dardnofinsuredp and1containno #4837-5047—1680v2 _10_
17.E.
PrimaryInsurance;WaiverofSubrogation.ireduranceeorself-insurancepr erinity,its
17.5Certi?cates;Veri?cation.Developerandcontractshall?irni Citywithriginalcerti?catesofinsuranceandendrsementseffecticoveragetheRequir InsuranceThecerti?catesandendorsementsfopersonautho thatendorsments recei
17.6Term;CancellationNotice contrac 1maintainRequiredInsuranceforthetermofthisAgreeme eanyce policy,or orsementwhichwillexpirepriortothatdat<Allpoliciesallbeend toprovidethat Insurance suspendeided,reducecanceled,owedtoexpire
days’prior cctoCity
InsurerRating approvedinwriting ty,al quirebusinessntheState forniawith
18.1m. IfDeveloperneglects,refus failsful?ll
completeanyobligation,term,orconditionofthisAgremen City rrnineviolationofanyfederal,stateorlocallaw,0 requirement,Citymayatanytimetherea?erde
thisAgreementandmakewrittendemanduponDeveloperor urety,orbe mmediately remedythedefaultorviolation.Developershallcommenceworkrequi remedythe defaultorviolationwithinten(10)daysofthew
providethedemandverbally,andDevelopershfour(24)hoursthereof.ImmediatelyuponCityDeveloperanditssuretyshallbeliabletoCityfoPublicImprovementsandallotheradministrativ FailuretoRemedy;CityAction.eworkrequired0remedysecutedto tantialcompletioacceptabl CitywithinreasonabletimedesignatedbytheCity, complete1remai arrangeforecompletionofallremainingwork,and/o suchremea1activ soleandablutediscretionitbelievesisrequir
limitationsonthescopeofitsprotectiontoCity,itselectedof?cials,of?cers,employees,agents,andvolunteers.17.4 TheRequInsshallbeprimarywithrespecttoanyinsurancogramscovgCelectedof?cials,of?cers,employees,agents,andvolunteers.AllpoliciesfortheRequiredInsuranceshallprovidethattheinsurancecompanywaivesallrightofrecoverybywayofsubrogationagainstCityinconnectionwithanydamageorharmcoveredbysuchpolicy.its ors sho 0 Hg for edIeachinsurancepolicyshallbesignedbyarizedbyinsurertobindcoverageonitsbehalf.Allcerti?catesandemustbevedandapprovedbyCitybeforeworkpursuanttothisAgreementcanbegin.Cityreservestherighttorequirecomplete,certi?edcopiesofallrequiredinsurancepolicies,atanytime. Developeranditstorsshalthe ntandshallreplacrti?cate,end 5. sh orsedtheRequiredshallnotbe (1,v0 d, orallexcepton30 writtennoti17.7 .Unless byCi1Re(1Insuranceshallplacedwithinsurerslicensedtodo i ofCaliandacurrentA.M.BestratingofatleastA:VIH..18.DEFAULT;NOTICE;REMEDIES.es,orto ortimelye t,orif dete5thereisardinance,regulation,code,standard,orotherclareDevelopertobeindefaultorviolationofits5 th,toi i
the redtorittendemandfromtheCity.Ifthedefaultorviolationconstitutesanimmediatethreattothepublichealth,safety,orwelfare,Citymayallcommencetherequiredworkwithintwenty-’sissuanceofthedemandtoremedythedefault,rallcostsofconstructionandinstallationoftheecostsexpensesasprovidedforinSection9.0ofthisAgreement.18.2 Ifth t thenoticeddefaultorviolationisnotdiligentlypro 3subs n etoa Citymayal ningwork,th Iconductdi ityasinitsso edtoremedythedefaultorviolation.Allsuch #4837-5047—v2
17.E.
Develoanditssur withoutthnecessityofgivinganyfurtheroticetoDeveloper surety y’srightto suchactio5shallinnowaybelimitedbythfactthatDeveloper itssuretymayhaveconstructedany,ornoneoftherequired0 agreeduponPub ImprovementsatthetimeofCity’sdemandforperformanceIntheeventCityectsto completeorarrangeforcompletionoftheremainingworkandimprovements,CitymarequireinordertoallowadequatecoordinationyCity, OtherRemediestionbyCitypursuanttoSection18.0gtm.of
thisAgreementshallprohibitCityfromexercisinganyotherrightorpursuinganyotherlegalor equitableremedyavailableunderthisAgreementoranyfederal,state,orlocallaw,Citymay exerciseitrightsandremediesindependentlyorcumulatively,andCitymaypursueinconsistent AuthorigtoEnterAgreementEacl warran individualsAgreementhavethelegalpower,right, thority Agreement Cooperation;FurtherActsi
193Construction;References;Captions.ngagree atticsortheir agentshaveparticipatedinthepreparationofthisAgreemelanguagisAgreement shallbeconstruedsimply,accordingtoitsfairmeaning,andnotstrictfororagainstanyParty Anytermreferencingtime,days,orperiodforperformanceshallbe emedcalendardaysand notworkdays.AllreferencestoDeveloperincludeallpersonneemployees,agents,and subcontractorsofDeveloper,exceptasotherwisespeci?edinthisAgreement.Allreferencesto Cityincludeitselectedof?cials,of?cers,employees,agents,andvolunteersexceptasotherwise speci?edinthisAgreementThecaptionsofthevariousarticlesandparagraphsarefor convenienceandeaseofreferenceonly,and(lo1]
PM
workorremedialactivityshallbeatthesoleandabsolutecost,expense,andliabilityofper ety, e n orCit take11 e orr lie61yallworkbyDeveloperoritssuretytocease bNotwithstandingtheforegoing,ifconditionsprecedentforreversiontoacreagecanbemetandiftheinterestsofCitywillnotbeprejudicedthereby,CitymayalsoprocessareversiontoacreageandthereafterrecoverfromDeveloperoritssuretythe?llcostandexpenseincurred.18.3 .Noac remedies.Citymayinstituteanactionfordamages,injunctiverelief,orspeci?cperformance.19.GENERALPROVISIONS.19.1 . 1Partytsthatthewhohavesignedthis andaumakethisandbindeachrespectiveParty.19.2 ThePartiesshallfullycooperatewithoneanotherandshalltakeanyadditionalactsorsignanyadditionaldocumentsasmaybenecessary,appropriate,orconvenienttoattainthepurposesofthisAgreement.ItbeidthePnt,theeofth1yde1, 0tde?ne,limit,augment,ordescribethescope,content,orintentofthisAgreement.19.4.Allnotices,demands,invoices,andwrittencommunicationsshallbeinwritinganddeliveredtothefollowingaddressesorsuchotheraddressesasthePartiesmaydesignatebywrittennotice:CITY:CityofHemetAttn:CityManager445E.FloridaAvenueHemet,CA92543 #4837-5047—1680v2
17.E.
Dependinthem smitt hallbedeemedreceivedfollow
facsimile,edate prov ginaliscontemporaneous]eposite
Amendment;Modi?cation
Agreementwhetheroftheactionsarententionalorun t
AssignmentorTransferofAgreement
anyassignee,hypothecatee,transfereeshallaquirerightinterest nofsu attemptedassgnment,hypoatjon,ortransfer.Unlepecifi1ystated ontrary BindingEndingonandshallinureto bene Parties,and ssors, ersonal presentatives,orassigns.Thiction beconstruedrizatio yParty assignanyrightorobligation
ThirdargBeneficiaries.
l .10Invalidity;Severabilig, rtionthis cementdeclare
alidegal,rotherwiseunenforceableby ompetjurition,themainin visishallontinueinfullforceandeffect
ConsenttoJurisdictionandVenue.ThisAgreem constru
andgovernedbythelawsoftheStateofCalifornia action
DEVELOPER:LennarHomesofCaliforniaAttn:BobWalton40980CountyCenterDrive,Suite110Temecula,CA92591guponethodoftrana1,notices as s:byasofthandtimesentidedtheori yd dwithUnitedStatesPostalServiceanddeliveredbyregularmail;bymessenger,asofthedatedelivered;andbyUS.Mail?rstclasspostageprepaid,asof72hoursafterdepositintheUS.Mail.19.5 . Nosupplement,modi?cation,oramendmentofthisAgreementshallbebindingunlessexecutedinwritingandsignedbybothParties.19.6Waiver.City’sfailuretoinsistuponstrictcompliancewithanyprovisionofthisAgreementortoexerciseanyrightorprivilegeprovidedherein,orCity’swaiverofanybreachofthisAgreement,shallnotrelieveDeveloperofanyofitsobligationsunderthis, sameorsimilartype.TheforegoingshallbetruewhetherCity’si intenional.Developeragreestowaive,asadefense,counterclaimorsetoff,anyandalldefects,irregularitiesorde?cienciesintheauthorization,executionorperformanceofthePublicImprovementsorthisAgreement,aswellasthelaws,rules,regulatiOns,ordinancesorresolutionsofCitywithregardstotheauthorization,executionorperformanceofthePublicImprovementsorthisAgreement.19.7 .Developershallnotassign,hypotheca‘te,ortransfer,eitherdirectlyorbyoperationoflaw,thisAgreementoranyinteresthereinwithoutpriorwrittenconsentofCity.Anyattempttodososhallbenullandvoid,andor e noor byreasochi thec ss5 caltothec 1nCity’swrittenconsent,anyassignment,hypothecation,ortransfershallnotreleaseordischargeDeveloperfromanydutyorresponsibilityunderthisAgreement.19.8ffect.Eachandallofthecovenantsandconditionsshallbebi the?tofthe theirsuc'ceheirs,pre 3seshallnot asanauthonforanto 19.9NoP Therearenointendedthirdpartybene?ciariesofanyrightorobligationassumedbytheParties.9 Ifanyp0ofAgris dinv,ill0 acourtofc tensdicer gproonsc19.11 entshallbe edinaccordancewith AnylegalorproceedingbroughttointerpretorenforcethisAgreement,orwhichinanywayarisesoutofthe #4837-5047-1680v2 _13_
17.E.
appropriateCaliforniaCourteCountyRive California.Each waivesthe bene?tofanyprovisiotateor rallawpriding changeofvenuet othercourt governmentitypartyinvolvedegedt invcle
foregwaiver,loperifomideofCi ocedur
Attorneys’FeesandCosts.Ifanyart
tbyonePartyagainsttheothe
Agrentor opertyprevailingparty,whetherby?ne
shallentitiandre .-fromtheotherpartyallLitigat
order,orawardenteredi suchprovidingfortherecoveryfLit
RelationshipBetweenTheParties herebymutuallagree
eement,anymaprelatedtoTract noranyotherelated
per.Developed anddominion
9.14Countergarts.ThisAgreeethershallconstituteoneandthe EffectiveDateofAgreement.ThisAgreement becorn
eithasbeenformallyapprovedbyeCityandexecute ropriat
M
teph
Parties’activitiesundertakenpursuanttothisAgreement,shallbe?ledandprosecutedintheStateinth ofrside, Partynofs fedeovfora 0anyorjurisdictionincluding,withoutlimitation,achangeofvenuebasedonthefactthataentalisa totheactionorproceeding,orthatafederalrightorquestionisorall0beV1dintheactionorproceeding.WithoutlimitingthegeneralityoftheoingDeveexpresslywaivesanyrighttohavevenuetransferredpursuanttoCalaC0vilPreSection394.19.12 titration,lawsuit,orotherlegalactionorproceedingisbrough >rPartyinconnectionwiththisemethePr,the 11judgmentorarbitrationaward,beedto cove] ionExpenses.Anyjudgment,n legalactionorproceedingshallcontainaspeci?cprovisionoigationExpenses.19.13 .ThePartiesythatneitherthisAgr No.32717-2,rentitlement,permit,orapprovalissuedbyCityforthePropertyshalloperatetocreatetherelationshipofpartnership,jointventure,oragencybetweenCityandDevelor’scontractorsandsubcontractorsareexclusivelyandsolelyun,erthecontrolofDeveloper.NothinghereinshallbedeemedtomakeDeveloperoritscontractorsanagentorcontractorofCity.1 mentmaybeexecutedincounterpartoriginals,whichtakentog, sameinstrument.19.15 shallnoteeffectiveuntilthedat th dbytheapp6authoritiesofCityandDeveloper.INWITNESS‘NHEREOF,thepartiesheretohaveexecutedthisAgreementonthedateandyear?rst-abovewritten. CITYOFHEMET
3.3mSteveTemple,CityManagerATTEST:
52ClaytonCityClerk
#4837-5047—1680v2 _14_
17.E.
all
Gre liedWatsongm;
,
REQUIREDBYTHEBYLAWS,ICLESOFINCORPORATION,OTHERRULES0RREGULATIAPPLICABLETODEVELOPE
APPROVEDASTOFORM
EricS.CityAttorney
LennarHomesofCalifornia.Inc.aCaliforniacorporation
By: By:Its; ceresident Its;AuthorizedAgent
NOTE:DEVELOPER’SSIGNATURESSHALLBEDULYNOTARIZED,ANDAPPROPRIATEATTESTATIONSSHALLBEINCLUDEDASMAYBEART ORONS R’SBUSINESSENTITY . #4837-5047-1680v2 _15_
17.E.
Qalif_0mi_a
Riverside
JaniceM.WilliamsNotamPublic,sonaGregMcGuff,pers knowntometobethepersonwhoamedtothewithininstr andacknowledgedtomethatheexecutedtheatbyhissignatureontheinstrumentthehepersonacted,executedtheinstrument. avan,JANlCEM.WILLlAMSECOMM.“#23314NouryPublic-Clllluml:
- v RIVERSIDECOUNTV
‘ ‘5'Mycummap..ium12.zna1
A'l'l'D
01hth
CALIFORNIAALL-POSEACKNOWLEDGEMENT
StateofCountyofOnFebruary14,2006beforeme, perllyappearedonally sen issubscribeumentsameinhisauthorizedcapacity,andthpersonortheentityuponbehalfofwhichtWitnessmyhandandof?cialseal ESI1LISEI
OPTIONALThoughthedatabelowisnotrequiredbylaw,itmayprovevaluabletopersonsrelyingonthedocumentandcouldpreventfraudulentreattachmentofthisform.
CAPACITYCLAIMEDBYSIGNERSIGNERISREPRESENTING:
DESCRIPTON0F DOCUMENTTypeofDocument:NumberofPages:DateofDocument:Signers( anthosenamedabove):
17.E.
5m
JaniceM.WilliamsNotagPublicFredWatson
DESCRIPN
nt:
CALIFORNIAALL-PURPOSEACKNOWLEDGEMENT
StateofCaliforniaCountyofOnFebruary14,2006beforeme, ,personallyappeared,personallyknowntometobethepersonwhosenameissubscribedtothewithininstrumentandacknowledgedtomethatheexecutedthesameinhisauthorizedcapacity,andthatbyhissignatureontheinstrumentthepersonortheentityuponbehalfofwhichthepersonacted,executedtheinstrument.Witnessmyhandandofficialseal JANICEM.WILLIAMSCOMM.#1423374NotaryPublic-CaliforniaRIVERSIDECOUNTYMyComm.Exp.Jun:12,2007 ESI1”$3
OPTIONALThoughthedatabelowisnotrequiredbylaw,itmayprovevaluabletopersonsrelyingonthedocumentandcouldpreventfraudulentreattachmentofthisform.
CAPACITYCLAIMEDBYSIGNERSIGNERISREPRESENTING:
OFATTACHEDDOCUMENTTypeofDocument:NumberofPages:DateofDocuSignersthanthosenamedabove)
17.E.
EXHIBIT“A”LEGALDESCRIPTIONOFPROPERTYTRACTNO.32717-2
TentativeTractNo.32717-2,beingasubdivisionof:Lot3oftractNo.32529,intheCountyofRiverside,StateofCalifornia,asshownonthemaprecordedinBook395pages73through76inclusiveofmaps,intheof?ceoftheCountyRecorderofRiversideCounty.
Exn-wan/ow
v2 SUBDIVISIONIMPROVEMENTAGREEMEN
MARE-SSACFEOWTHERa. :27"
17.E.
StreetImgrovemenls
StormDrainImprovements
SanitarySewerSystem[EMWDfacilities)
EHIIBIT“B”LISTOFPUBLICIMPROVEMENTSTRACTNO.32717-2
InteriorPublicStreetsInstallapproximately183,000s.f.ofnewasphaltpavingInstallapproximately10,0001.f.oftype“A-6”curbandgutterInstallapproximately52,200s.f.ofconcretesidewalkInstallapproximately4,700s.f.ofconcretecrossguttersandspandrelsInstallstreetlightsInstallstopsigns,striping,streetnamesignsandcurbrampsInstallstreettrees InteriorPublicStreetsInstallapproximately1,5001.f.of18”RCPInstallapproximately3601.f.of24”RCPinstallapproximately3501.f.of30”RCPInstallapproximately6001.f.of36”RCPInstallmanholes,junctionstructuresandtransitionstructuresperstormdrainplansbyAEI-CASCEngineersInstallcatchbasinsandlocaldepressionsperstormdrainplansbyAEI-CASCEngineers InteriorPublicStreetsInstallapproximately4,2651.f.of8”sewermainInstall16sewermanholesInstall4”sewerlaterals #4837-5047-1680v2 SUBDIVISIONHVIPROVEMENTAGREEMENT
17.E.
DomesticWaterSystem[EMWDfacilities)
InteriorPublicStreets
0 Installapproximately4,5201.f.of8”watermainInstall17?rehydrantsInstall1”waterservicestees,valves,bends,air-vacuumvalues,andblow-offsperwaterplansbyAEI-CASCEngineers Thefollowingplansareattachedheretoandmadeapartofbyreference:StreetandDrainageImprovementsbyAEI-CASCEngineers.SewerandWaterImprovementPlansbyAEI-CASCEngineers. 0 Note:LandscapePlansarenotyetavailable.
v2 1_2 SUBDIVISIONIMPROVEMENTAGREEMEN
17.E.
Asevidenceofunderstandingtheprovisionscontainedinthisgreement complywithsame,theDeveloperhassubmittedthebelowdescribesecurity Agreement,andhasaf?xedtheappropriatesignaturesther
Surety:SafecoIn ceCompany0
Anomey-in»fact:RosaErRivasAddress: POBox3452
AMOUN54,52000
Surety:Safe/coasCompany0
Attomey—in—faRosaE.RivasAddress: POBox3452
eloper‘sluterequiredby
EXHIBIT“C”SURETYBONDSANDOTHERSECURITYTRACTNO.32717-2
,andoftheDevnttointheamountsthis
9‘>
eto:
PERFORMANCEBONDPRINCIPALAMOUNT:$454,520.00— Sewer/WaterImprovements$1,093,215.00— Street!StormDrainImprovementssuranfAmerica6Seattle,W A98124-1526MATERIALANDLABORBONDPRINCIPALT:$4 — Sewer/WaterImprovements$1,093,215.00— Street/StormDrainImprovementsInsuranfAmericact: 6Seattle,W A98124-1526 CASHMONUMENTSECURITY:$23,000.00AmountdepositedperCashReceiptNo. Date:
#4837—5047-1680v2 1_1 SUBDIVISIONIMPROVEMENTAGREEMEN
17.E.
EXHIBIT“D”LISTOFTRACTMAPCONDITIONSOFAPPROV ALNOTSATISFIEDTRACTNO.32717-2 ConditionsofApproval,datedApril5,2005,areattachedforreference.ThefollowingconditionsareoutstandingasofthedateoftheFinalMapapproval:Item5 FeespayableatBuildingPermithavenotbeenPaid.Item12U.S.PostalServiceapprovedneighborhoodmailboxeshavenotbeeninstalled.Item18BuyerdisclosuresregardingLLPMD’sorparkwaylandscapeirrigationhavenotbeenyetbeenprepared.Item19AutomaticLandscapeirrigationsystemshavenotyetbeeninstalled.Item20Aone—yearlandscapeFaithfulPerformancebondhasnotyetbeenposted.Item21-22ParkwaysarenotyetlandscapedItem24NeighborhoodparkhasnotyetbeeninstalledItem36-39ModelcomplexhasnotyetbeeninstalledItem50MonumentationhasnotyetbeeninstalledItem54-60In-tractstreetimprovementsarenotyetinstalledItem63-65In-tractstreetimprovementsarenotyetinstalledItem67LandscapinghasnotyetbeeninstalledItem70-80,82In-tractstreetimprovementsarenotyetinstalledItem85—88Stormdrainimprovementsarenotyetinstalled.Item108,112,113FireCoderequirementshavenotyetbeeninstalled.Item115—117Modelsandsalesof?cesarenotyetconstructed.Item121LandscapingofPaseoshasnotyetbeeninstalled v2 3 SUBDIVISIONIMPROVEMENTAGREEMENT
17.E.
EXHIBITA
ievide
454-170-002454-180-003004Thisprojectbeenreviewasa R-1Occupancy otherusewi quirefurtherview
LANNINGDEPARTMENTCONDITIONSL/f—f—
1. TentativeTractMapNo.32717shallbecomenullandvoidonApril5,2007(two calendaryearsfromthedateofapproval),unlessthe?nalmapisapprovedbythe CityCouncilandrecordedwiththeCountyofRiversidepriortotheexpirationdate.
AtimeextensionmaybegrantedbythePlanningCommissioninaccordancewith HemetMunicipalCodeandtheSubdivisionMapAct,providedawrittenrequestfor atimeextensionissubmittedthePlanningDepartmentpriortotheexpirationdate.
2. ApprovalofTentativeTractMapNo.2717sh becomeeffectivenApril16, 2005unlessappealedtotheCityCoun|byApri5,2005(10calendrdaysafter actionbythePlanningCommission).heappeshallbeinwritingndshallbe accompaniedbytherequiredfee
Thisprojectsite3
conditionscontai
Thisprojectcomp allsectionsoftheZoningOrdinance,Subdivision Ordinancea other ableLocal,StateandFederallawsandregulations ineffectatthetimeofthebuildingpermitapplicationand/ortimeofrecordation, includingthe|.C.B.OiUniformBuildingCode,UniformFireCode,andCityandState HandicappedAccessibilityRequirements(CaliforniaCodeofRegulations,Title24).
Thisconditiondoesnotapplytovestingmaps.Intheeventofadiscrepancyof con?ictwithCityregulations,theSpeci?cPlanshallprevail.WheretheSpeci?c U
CITYOFHEMETPLANNINGCOMMISSIONRESIDENTIALCONDITIONSOFAPPROV ALPLANNINGCOMMISSIONDATE:April5,2005PROJECTNO.:TentativeTractMapNo.32717APPLICANT:ThomasOlsen(RanchoSanPatricio)AGENT:TomNezLOCATION:East3 ofStateStreet,northofNewportRoadandSouthofthefutureMcSWeenyParkway.APN: and &OCCUPANCY:has edn ;anyllre re.
GeneralRequirements:
NoformalnoticeofexpirationwillbegivenbytheCity.3 all 0ci l1 aT al a
3. hellbedevelopedinaccordancewiththeapprovedplan(s)andthenedherein.4. shalllywithndallapplic CityofHemet-ConditionsofApprovalDTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan AdoptedConditionsofApprovalwpdPage 32 of 53
17.E.
Priortotheissuanceofbuildingpermits ubjec
applicabledevelopmentfeesattheratei lding
application.Suchfeesmayinclude,butno ees,choolFees.
MasterPlanStormDrainageFees,Permi FeeWaterand
SewerServiceFees,andCapitalFacility
TentativeTractMapNo.32717shallcomplywithallrequirementsoftheMcSweeny FarmsSpeci?cPlanSP01-2andtheDevelopmentAgreementforMcSweenyFarms executedbetweentheCityofHemetandpropertyowneronMay13.2004.
Additionally,TentativeMapNo.32717shallcomplywithallapplicableprovisionsof theMcSweenyFarmsComprehensivePhasingandMaintenancePlanasapproved bythePlanningCommissiononmarch15,2005orassubsequentlyamended. ppro thissubdi Project.Sig accordaOrdi approvedtertimerior issuanc Priortoanygradingordrainageactivity.agradingan/ordrainageplanshallbe preparedandsubmittedtotheCityEngineerandPlaningDepartmentforreview andapproval.Nogradingordrainageworkshallact:rwthoutagradingpermit and/orthepermissionoftheCityEnginee
Theapplicantshallindemnify,protect,defend,andholdharmless,theCity,and/or anyofitsof?cials,of?cers.employees,agents,departments,agencies,and instrumentalitiesthereof,fromanyandallclaims,demands,lawsuits,writsof mandamus.andotheractionsandproceedings(whetherlegal,equitable. declaratory,administrativeoradjudicatoryinnature).andalternativedispute resolutionsprocedures(including,butnotlimitedtoarbitrations.mediations,and othersuchprocedures),(collectively"Actions"),broughtagainsttheCity,and/orany ofitsof?cials,of?cers,employees,agents,departments.agencies,and instrumentalitiesthereof,thatchallenge,attack,orseektomodify,setaside.void, orannul.theanyactionof.oranypermitorapprovalissuedby,theCityand/orany ofitsof?cials,of?cers,employees,agents,departments,agencies,and instrumentalitiesthereof(includingactionsapprovedbythevotersoftheCity),for orconcerningtheproject,whethersuchActionsarebroughtundertheCalifornia EnvironmentalQualityAct,thePlanningandZoningLaw.theSubdivisionsMapAct, CodeofCivilProcedureSection1085or10945.oranyotherstate,federal,orlocal statute,law,ordinance,rule,regulation,oranydecisionofacourtofcompetent jurisdiction.ItisexpresslyagreedthattheCityshallhavetherighttoapprove,which approvalwillnotbeunreasonablywithheld,thelegalcounselprovidingtheCity's El
Planissilentonanissue,standardordesignfeature,theCityregulationsshallprevail.5 ,theapplicantshallbes ttoallneffectatthetimeofbuipermittbelimitedto:ParkFStandPlanChecking3,Fees.6 7 ConstructionactivityshallmeettherequirementsofHemetMunicipalCodeChapter30,ArticleII.8 Signsarenota vedaspartof visionns.in ncewiththeZoningnance,maybe atala ptotheeofsignpermits.9 dnuIr.10.
UCityofHemet-ConditionsofApprovalTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan AdoptedConditionsofApproval.wpdPage 33 of 53
17.E.
fense,andthatapplicantshallreimburseCityfordnecessarilyincurredbytheCityinthecourseoftifytheapplicantofanyActionbrought TheprojectshallcomplywithallmitigEnvironmentalImpactReport(FEIR)appPlan.Priortorecordingany?nalmap.thepropertyowner review themitigationmonitoringmatrixcontainedinsaidFERand cewith ationmeas
'
cordatingpermits, activiti
orcon ththe onoftheFinalMaporpriortotheissuance
rti?cat ancy, g&LandscapingMaintenanceDistrictor
rnativ ancechaniacceptabletotheCityshallbeestablished.In event ightinLandpingMaintenanceDistrict(LLMD)isrequired, epropeowner cuteapropertyownerballotagreeingto
rmationoranne
engthandfrontfeac
intheeventofadiscrepancyofconflictwit ,theprevail.WheretheSpeci?cPlanissilent dard thisprojectshallcomplywiththeCity‘sSingleFamilyResidentialDesignGuidelines approvedbytheCityCouncilonFebruary25.2003(CCResolutionNo.3700)and theMcSweenyFarmsSpeci?cPlanSP01-2DesignGuidelinesChapter5,approved bytheCityCouncilonNovember29,2003.Priortotheissuanceofabuilding permit,theapplicantshallsubmitaSiteDevelopmentReview(SDR)applicationfor PlanningCommissionreviewandapproval.A?erapprovaloftheSiteDevelopment Reviewproject.thePlanningDirectorshallhavetheauthoritytoadjustupto20% ofthehome/plotplans.TheSiteDevelopmentReviewapplicationshallprovideall submittalinformationasrequiredbytheSingleFamilyResidentialDesign de anycostsandexpensesdirectlyan thedefense.Cityshallpromptlyno andCityshallcooperatewithapplicantinthedefenseoftheAction.11 ationmeasurescontainedintheFinalrovedfortheMcSweenyFarmsSpeci?candtheCitywillI identifycomplianallrequiredmitiguresrequrredpriortore onofa?nalmap,issuanceofgradiorotherpro-constructionesrequiredpriortorecordationofthe?nalmap.Subdivision:12ThedevelopershallinstallU.S.PostaIServiceapprovedneighborhoodmailboxespriortooccupancy.13.Priortocurrentlywirecordatiof3CeeofOccupaLightinalteemaintenrnesmthethattheLg&scath rtyofrecordshallexeto of xationtoanLLMD.14.ThecuI—de-sacdesignshallprovideforoneon-streetparkingspace(20-feetminimumI ) twoon-site-coveredspaces.Theon—streetparkingspaceshallbeino hcul—de-saclot.DesignReview/Buildings:15. hCityregulationsSpeci?cPlanshallonanissue.stanordesignfeature, Guidelines.16Thedevelopershallprovideallhomeswithcentralairconditioning CityofHemet-ConditionsofApprovalTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan AdoptedConditionsofApproval.wpd -10—Page 34 of 53
17.E.
the shall
prevail.WheretheSpeci?cPlanissilent dard ture.
thisprojectshallcomplywiththelandscadesign ined
City’sSingleFamilyResidentialDesignGulinesap Cou
February25,2003(CCResolutionNo.37
Theapplicantshallprovideadisclosurenoticetoeachprospectivebuyerandt eachnewpropertyownerwithinthissubdivision.Thedisclosurenoticeshallb recordedagainstalpropertieswithinthissubdivisonwhichstatesthefollowing:
a. Thepropertyownerisawareofanyrequire?nancingmechanismsforthe subdivisionprojectsuchasLandscapethting&MaintenanceDistrict(LLMD).Landscape—Lighting&ParksMatenanceDistrict(LLPMD)or Conditions,CovenantsandRestric
Thepropertyownerisresponsiblefortheirrigationofparkwaylandscaping adjacenttotheirhomeaswellasanylandscapingadjoiningtheirexteriorsideyard.Anylackoflandscape/rrigationmaintenanceissubjecttocode PriortotheissuanceofaCerti?cateofOccupan?nalizationildin Permit,andscapedareasshallhaveanautomaticionsystem mati timers.nstalledandoperational,unless
Aone-yearFithfulPerformanceb0 osted ranteeinsation
planthealth,ndestablishedgrowth ssuan ccupancyrmits
ThebondmebereducedbytheCit
parkwaysadjacenttocurb.Streettrees
teda ne(1)treeforevery40feetofstreetfrontageinwith ParkwayareaswithinthepublicR—O—Wshallantedaminimumof12—incheson—center)atedatioandsing Allpubliclandscapedareasshallbemaintaineddeveoperaminimumone-yeartoassurecontinuedgrowthandhealth nuedmainanceofpub areasshallbeguaranteedbyestablishalternativemechanismapprovedbytheP scape long ntage projcomp] ards appropeci
Landscaping:17.
18. 19
20 21
22. 23
Intheeventofadiscrepancyofcon?ictwithCityregulationsSpeci?cPlanonanissue,stanordesignfeape requirementsoutlintheideprovedbytheCityncilon00). oeI ldisintions(CC&R‘s).b. iviolationactions. cyor oftheBu9l irrigat,withauto0i cashorabondispostedtoguaranteecompletion.a ndshallbep toguatall,a priortothei ceofo pe.y yafterinstallationhasbeenapproved.AllinteriorresidentialstreetsshallhaveshallbeplantaminimumofoaccordanceCityguidelines-includetheinstallationofgroundcover(plorturfandtheinstallationofautomirrign.MaintenanceofthestreettreesshallbethroughaLighting&LcapMaintenanceDistrict(LLMD)oralternativemaintenancemechanismacceptabletotheCity.bythel for of.Contiten licmentofahomeownersassociationorlanningDirector.Landdesignandplantingsa theStateStreetfrooftheectareashallywiththedesignstandestablishedbythevedSticPlan.
CityofHemet-ConditionsofApprovalTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan -11-AdoptedConditionsofApproval.wpdPage 35 of 53
17.E.
.theSpeci dardcenic
Allneighborhoodparksshallbeconstructedpriorto50%an ofbuil permitsforallhomeswithinPhase1.Saidneighborhoodpar all mainta inperpetuitybytheHomeownersAssociation.Parksplans beviewed approvedbythePlanningCommissionpTentativeTractMapNo.32711 jace ariationspaseocrib ketareas nches,
ndrest shall widtromote iveu foot
monitorallgrading.excavationangroundbreakingactivitiesincludifurthersurveys.tobecompensatedthedeveloper.TheTribemonito alongwiththearchaeologicalmonrsshallhavethepower0 stop
redirectProjectactivitiesforshortperumafsuchworkin l
monitorallgrading.excavationangroundbreakingactivitiesincludifurthersurveys,tobecompensatedythedevelopertTheTribemonito alongwiththearchaeologicalmonorsshallhavethepower0stop
redirectProjectactivitiesforshortperiuma
ologicalartifac und0
area. inqu thePechanga Bandreatm posi
Prior leargrad nstructionstreabedorajurisdictional
de?n and Call andGam603,treamBedAlteratioPermitexemioncerti?cateshallb lntheeventofadiscrepancyofcon?ictwithCityregulationsSpeci?cPlanshallprevail.Wherethe?cPlanissilentonanissue,stanordesignfeature,theCityofHemetS HighwaySetbackManualDesignCriteriashallapply.24 iSSUce dingksshbeinedshallre andriortoissuanceofanybuildingpermitfor a.PaseodesignshallbesubmittedtothePlanningCommissionconcurrentlywithanySiteDesignReviewforanadnttract.V ontheshallbeaccomplishedthroughuseofwalls,pocforbea areas.Carebegiventosidewalkhandmaterialtop avarietyofactses— forexample,a6-sidewalkwitha4-footadjacentD&Gpathway.Environmental:25.A.TribalmonitorsfromthePechangaandSobobaBandsshallbeallowedtod . “9by | rs,ito t oriodsoftimeifcultural/archaeologicalresourcesorNativeAmericanhnremainsarefoundtoassessthesigni?cance0 resources.ThePlanningDirectorshallbecontactedwithinone(1)9dayofanyciscovery.B.TribalmonitorsfromthePechangaandSobobaBandsshallbeallowedtod , ngb l rs,it t orodsoftimeifcultural/archaeologicalresourcesorNativeAmericanhnremainsarefoundtoassessthesigni?canceofsuchresources. g C.Allculturalresources,includingallarchetsthataref0ntheProjectshallberelishedto andSobobasforpropert entanddistion.26 toany0 ing,ingand/orco ina m lyedwetl,a forniaFishe1 S nAgreementand/or,anArmyCorps404orpt eobtained.
CityofHemet-ConditionsofApprovalDTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan AdoptedConditionsofApproval.wpd —12-
17.E.
adequate ated ubsurfac
inves rovi identi?ed einv ionshouldeter reg
Employr-pooi reduct shaeencouragedallnew opme siness igatMeasureAQ- ersh atew sideTransitAuthlocat stops MitigationMeasu
ecommrcial shallprovideon-sitebikeracourageheu nativemeansoftransportat priatecommunityservicedistrictwillbe
responsibleforthemaintenanceoftheopenspaceareas.Priortoapprovalofany developmentplanforlandsadjacentto openspaceareas,a ?reprotection/vegetationmanagementplanwillbesubmittedtotheCityFire DepartmentforapprovalperElRMitigat
rshalllncor agatconstmctio resh
developershallincorporateElRMitigationusetheproposedproject'sincrementale impacttoculturalandarchaeologicalspaceareastoalessthansigni?cantlevel.
BUILDINGDEPARTMENTCONDITIONS
CaliforniaCodeof
RegulationsTitle24/CaliforniaBuildingCode
D D
27Lineamentsidentifiedonthesitewillbe lyinvestigbyas etigation.Pdedthesefeaturesare asfault,thestigatdminetheencyoffaultingand,ifwarranted,shallprovideappropriatebuildingsetbackrecommendationsperEIRMitigationMeasureGEO—1.28BufferdistancesandnoisepropagationbarriersshallbeincorporatedinareaswherenoiseimpactsmayexceednoisethresholdsperEIRMitigationMeasureNOI-2.29. eecaingandothertripionmeasuresIIb fordevelntprojectsandbuesperEIRMition 9.30ThedevelopallcoordinithRiverority(RTA)toidentifynumberandionofbusperEIR reAQ-11. ‘
31.ThedevelopershallundertakethefollowingtransportationsystemmanagementactionsperEIRMitigationMeasureTR-3: , - TheRiversideTransitAuthorityshouldconsiderandimplement.iffeasible.servicewithintheprojectarea; '
.TransitstopsshouldbelocatedanddesignedasprovidedintheTrafficStudy;.The componentoftheproject ckstoen t seofbicyclesasanalter ion.32AHomeowner'sAssociationorappro ionMeasureFPS-3.33ThedevelopeporatebufferdistancesandnoisepropionbarriersinareaswherennoiselevelsmayexceednoisetholdsperEIRMitigationMeasureCUMU-2. q. 34Priortoandduringgradingoperations,theMeasuresCR—1throughCR-8toredcontributiontothispotentialcumulativresourceslocatedwithindesignatedopen
35.HandicappedrestroomsshallbeinstalledinaccordancewithSection1115(b).
CityofHemet-ConditionsofApprovalTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan AdoptedConditionsofApprova|.wp.d ~13-Page 37 of 53
17.E.
CaliforniaCodeof
W
UniformBuildingCode
UniformBuildingCode
CaliforniaBuildingCode
PUBLICWORKSENGINEERINGDIVISIONCONDITIONS
UCityofHeme!- ConditionsofApprovalD
36.HandicappedparkingandsignageshallbeinstalledincompliancewithapplicableStateandCitycodes,ifoff-streetparkingisprovided.37.Allentrancesandexitsshallbehandicappedaccessibleper,Title24.38.Ahandicappedaccessiblepedestrianaccesstothesiteshallbeprovided.39.Conversionofsalesof?ceandmodelhome(s)intoresidentialhomesshallberequiredpriortosaleofmodelhome(s).Buildingpermitsfortheconversionsshallberequired.40.SmokedetectorsshallbeinstalledinaccordancewithSection310.41.Aspartoftheplansforplancheck,adetailedstructuralanalysis,incompliancewithChapter16ofthe forthebuildingsintendeduse,shallbeprovided.42.Priortotheissuanceofabuildingpermit,EasternMunicipalWaterDistrictapprovalshallbeobtained.GENERAL43.TypeV ,1—hourcOnstructionshallberequiredthroughout.44SmokeBarriersshallberequiredinaccOrdancewiththerequirementsofSection310.23ofthe PleasecontactthePUBLICWORKSENGINEERINGDIVISIONforcompliancewiththefollowingconditions:UnlessothenNisestated,allimprovementsshallbeinstalledpriortotheissuanceofacerti?cateofoccupancyortheclearanceofa?nalbuildingpermit.MAPPING45.WhenchangestotheapprovedTentativeMapareproposed,aSubstantialComplianceExhibitconsistingofanacetatemap,inthesamescaleoftheTentativeMap,shallbesubmittedforreviewandapprovaloftheCityEngineer.46.Theapplicantshallcoordinatewithaffectedutilitycompaniesandobtainanypermitsasnecessaryforthedevelopmentofthisproject TentativeTractMapNo.32717-McSweenyFarmsSpecificPlan
04-05-05AdoptedConditionsofApproval.wpd -14-
17.E.
Digi wingfilesoftsub ongwithorig
emencated
Whesurveymonumentssuchmonumentsshallbeprotecrefercedandreset,pursuBusinessandProfessionsCode,LandSurveyorsAct StandardSgeci?cationsforPublicWorksConstructionStandaM-900andM-QOOA.in| ofStandardM~901,streetcenterlinemonumentsallconformwithRivers Countyrveyor's providecross-tiesa setintopofcurbsand
sheetsfliedwit ityEngi
prodible heprbe bmi Engi
Deveper5 keafa utiontofu traf?cgnaldeterined raf?c5 Engineerdeterinet StateStreet.McSweenvParkway.NewportRoad.andSouthVillaqLoop StreetsA,Portionof“J, Nand“0”
StandardSpeci?cationsforPublicWorksConstruction.
tizeddra heFinalMap,inaCity'scompatibleCADsystem,shallbe47.mittedal inalmylarplans.48East(s)ofrecordnotshownonthetentativemapshallberelinquishedorrelo.Lotsaffectedbyproposedeasementsoreasementsofrecord,whichcannotberelinquishedorrelocated,shallberedesigned.49 re exist, tedorshallbeen antto Sections8700to8805( ).50MonumentsshallbeprovidedinaccordancewithCityofHemetrd ie_ush ideSu Of?cedthat re tiearehtheC neer:51PriortorecordationoftheFinalMap,areucmapoft oposedsubdivisiononan8-1/2"by11"format,shallsuttedtotheneeringDepartment.52,Thedevelopershallsubmit"Non—interference”letters,totheCity,fromanyutilitycompanythatmayhaverightsoreasementswithinthepropertyboundaries.53 lohallmairsharecontribturesisintheamountmbythettudy.TheCityshallmhefinalamountoftherequiredfairsharecontribution.STREETS e54ConstructionoftheroadsshallbeinaccordancewiththeConditionsofApprovalsetforthinConditionsofApprovalforTentativeTractMapNo.32529. 55InstallType"A”curbandgutteronanalignment22-feeteachsideofthecenterlineinaccordancewiththeapprovedSpecificPlanSPO1-2.56.installstreetpavingfromthenewgutterliptonewcurblip,inaccordancewiththeCityofHemet StandardStreetSections.57.StreetstructuralsectionsshallbedesignedforaTraf?cIndex(TI)of5.5.PreliminarysoilsinvestigationsshallbeusedbytheCityEngineertodeterminean CityofHemet-ConditionsofApprovalDTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan -15-04-05-05AdoptedConditionsofApproval.wpdPage 39 of 53
17.E.
Speci?cationsforPublicWorksConstructionBuildingCode
Standard
StandardSpeci?cationsforPuIicWorksConstruction
StandardSpeci?cationsforPublicWorksConstruction
Speci?cationsforPublicWorksConstruct
Speci?cationsforPublicWorksConstruction808A.Theplansshallbedesignedbya Speci?cationsforPublicWorksConstruction
StreetTreeMasterPlan
oads, ctionadeq ction
Digit provemshall original
Standard
Standard
Standard
inopenf0Engineer.
58. 59.
60. 61.
62. 63.
64. 65.
66. 67.
68. 69.
appropriateR-valueandthepavementandthebasethicknessbasedontheestablishedTl.Installhandicapramp(s)inaccordancewiththeCityofHemet,StandardC-215AandUniformTitle24.Installa25-footminimumradiuscurbreturn,spandrelandcrossgutterinaccordancewiththeCityofHemet b Temporaryturnaroundsshallbeinstalledatalldead-endstreetsinaccordancewithCityofHemet StandardG-800A.SubmitasigningandstripingplanpreparedbyaCaliforniaRegisteredCivilEngineer.PriortotheissuanceofaCertificateofOccupancy,install"NoParkingAtAnyTime"signsatthelocation(s)speci?edbytheCityEngineer.InstallparkwaytypesidewalkinaccordancewiththeCityofHemetionStandardC-215.InstallpublicstreetlightsinaccordancewiththeCityofHemet,Standards(3—805,G-808,andG-registeredelectricalengineer.Installstopsigns,streetnamesignsandredcurbperinstructionsoftheCityTraf?cEngineer.Relocatepowerpoles,asnecessary.inaccordancewiththeCityofHemet,toalocationspeci?edbytheCityEngineer.Installstreettrees,oneperlotortwopercornerlot,inaccordancewiththeCityofHemet .Installautomaticirrigationssystemtotrees.ExistingCityr whichwillrequirereconstru,shallremartraf?catalltimes,withuatedetours,tothesatisfaoftheCity '
izeddrawing?lesofallimentplans.inaCity'scompatibleCADsystem,besubmittedalongwithmylarplans.
CityofHemet-ConditionsofApprovalElTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan -15-04-05-05AdoptedConditionsofApproval.wpdPage 40 of 53
17.E.
StreetsB.C".”D".“E”.“F"G.H.l.PortionofJ.K”.L "M.P.Q.
“V"“W”&”X"R, S",“TlU, ,
StandardSpeci?cationsforPublicWorksConstruction,
gineerodeter: icknesbased
Standard
'
Speci?cationsforPublicWorksConstruction.Wm
lnsta radiucurbreturn,spandrelandcrossgutterin
acco HemStandardSpeci?cationsforPublicWorks
Construction
Standardoeci?cationsforPublicWorksConstruction
StandardSpeci?cationsforublicWorksConstruction
M141
Speci?cationsforPublicWorksConstruction,
72. 73.
74 75.
76 77
78. 79.
80 ? ”H H)l H’5Hl! H3!? “ 7! 5!H9’H9’
Installtype"A"curbandgutter,inaccordancewiththeapprovedSpeci?cPlanSP01-2Fig.5-5.on19—feetoneachsideofthecenterline.InstallstreetpavingfromthenewgutterliptonewgutterlipinaccordancewiththeCityofHemet StandardStreetSections.StreetstructuralsectionsshallbedesignedforaTraf?cIndex(Tl)of5.5.PreliminarysoilsinvestigationsshallbeusedbytheCityEnt mineanappropriateR-valueandthepavementandthebaseths ontheestablishedTI.Installhandicapramp(s)inaccordancewiththeCityofHemetStandardC-215AandUniformTitle24.IIa25-footminimum3rdancewiththeCityofet Temporaryturnaroundsshallbeinstalledatalldead—endstreetsinaccordancewithCityofHemet8 StandardG-800A.SubmitasigningandstripingplanpreparedbyaCaliforniaRegisteredCivilEngineer.PriortotheissuanceofaCerti?cateofOccupancy,install"NoParkingAtAnyTime"signsatthelocation(s)specifiedbytheCityEngineer.InstallparkwaytypesidewalkinaccordancewiththeapprovedSpeci?cPlan.Intheeventofadiscrepancyofcon?ictwithCityregulations.theSpeci?cPlanshallprevail.WheretheSpeci?cPlanissilentonanissue,standardordesignfeature,theCityofHemet P Standard0-215shallapplyInstallpublicstreetlightsinaccordancewiththeCityofHemetStandards6-805.6—808,andG-808A.Theplansshallbedesignedbyaregisteredelectricalengineer.
Engineer
UCityofHemet-ConditionsofApprovalDTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan -17_AdoptedConditionsofApproval.wpdPage 41 of 53
17.E.
Speci?cationsforPublicWorksConstruction.
TreeMasterPlan
roads. ctio inopento
hadeq ctio Engineer.
Digi provesha origin
ementalincre een00-year/3—ho reta
issu ftheBuildingPermifee, currentlyadoptedr
TheHUDFloonsuranceRateMapshow project ZoneA
?oodelevationtermined).Allbuildingfoun padsw develop
beelevatedin cordancewithCityofHe
TheDevelopershalladheretoallFederalEmergencyM gementAgency(FEM regulationsandrequirementsintheeventthatexis drainagepatternsa affectedbythisdevelopmentPriortotheissuanofagradingpermit necessarycalculationsshallbesubmitted
'
Federalagencyforreviewandapproval
PriortotherecordationoftheFinalMaptheDevelopershallsubmittotheCity Engineerforreviewandapproval.hydrologyandhydrauliccalculationswithinand immediatelyadjacenttotheprojectsite.ImprovementsproposedbytheDeveloper shallbetakenintoaccountwhenanalyzingimpactstoupstream,adjacentand Thedetentionfacilityshallbe umbererequiredtomitigateoff—site?o projectHemetResolutionNo.2108.
Constructionofthedetentionbasinshallinclude,butnotlimitedto,thefollowing improvements:concretedriveway,wroughtironviewfencing,screenedgates. accessramp,outletstructure,dischargepump,irrgationsystemandlandscaping.
81.Relocatepowerpoles,asnecessary,inaccordancewiththeCityofHemetStandardtoalocationspeci?edbytheCityEngineer.82Installstreettrees40-feeton—centerinaccordancewiththeCityofHemetStreet.Installautomaticirrigationssystemtotrees.83ExistingCitywhichwillrequirereconstrun,shallremartraf?catalltimes,wituatedetours,tothesatisfanoftheCity84 tizeddrawing?lesofallimmentplans,inaCity’scompatibleCADsystem,Itbesubmittedalongwithalmylarplans.DRAINAGE85.Theincr aseinrunoffbetwthedevelopedandundevelopedpropertyforthe1 urstormmustbeinedonsite. ‘
86Priortotheanceo t,thedevelopershallpaytheMasterStormDrainPlanatthe ate.87. d| 3thistobein ;(nobasede dationithinthementshallac metOrdinanceNo.754.88 ana A)ting rece alltotheCityofHemetandtoanygoverningofanygradingwithinfloodway.
89. downstreamproperties.90 locatedonan dlotOntheFinalMapandbewsthroughthesiteinaccordancewithCityof 91 UCityofHemet-ConditionsofApprovalClTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan -13_04-05-05AdoptedConditionsofApproval.wpdPage 42 of 53
17.E.
atedan aintastemi removeintertheC
underroun draintreamtreet Ifeet
age ents iowe
padsshalldesig ets. wate ctedappropriattormaocep formintenaConst nshalcomp! ional tyControlBoar byapprov PriortotheissuanceofaBuildingPermit,the shall heCity
reviewandapproval.aproject-speci?cWater anag (WQMThisplanshalladdressSiteDesignBMControlBMPS.incorporateTreatmentope requireme BMPneedingong—t mai echanismgtheg—termopation
“CovenandAeement"withthe nstrurneacceptabitheity,toinformfuture rementimplemenappvedproject-speci?c StandardSpeci?cationsforPublicWorksConstruction.
ainag ement(s).requiredproveplansandgradingpdeed partofth inalMap. 92AllinterimstormwaterdetentionfacilitiesshallbeoperdminedbytheDeveloperuntilapermanentsy3installed.TheIofimfacilitiesshallbeperformedatnocosttoityofHemet.93An9dnuisancewaterstormisrequiredinallstreetswhereupss '
lengthsexceed660linea94Cross—lotdrainageandthedesignateddraineasemshallnotbeald.AllbenedtodraintothestreStormrshallbecolleinan es drainsystem.AlldrainageeasementsaresubjecttoCitytancea nce.95 ructio. l ywithSantaAnaRegWaterQualiBoardOrder#01-34fortheSanJacintoWatershed.dclearance,alofaSWPPPandissuanceofaWDIDnumber.isrequiredpriortogradingpermitissuance.96 applicantsubmittotforQualityMementPlanP).Ps,incorporatetheapplicableSourceControlBMPs,describethelong-termrationandmaintenancentsfors l ermntenance,anddescribethem forfundinIonerandmaintenanceoftheBMPs.97PriortotheissuanceofaBuildingPermit,thepropertyownershallrecordatangr CountyRecorder,orotheri ntetoC propertyownersoftherequitotthero WQMP98.Installundergroundstormdrainlinesandappurtenances,inaccordancewiththeCityofHemet99.Dreeas as bytheCityEngineer,shallbeshownontheimment/or lans.Recordationoftheeasement(s)shallbebyoras eF * W ATER100.DomesticwaterservicewillbeprovidedbyEMWD.SEWER101.DomesticseWerservicewillbeprovidedbyEMWD.
UCityofHemet-ConditionsofApprovalDTentativeTractMapNo32717-McSweenyFarmsSpecificPlan -19-04-05-05AdoptedConditionsofApprovalwpdPage 43 of 53
17.E.
PriortotherecordationofeFinalMapLandscapeMaintenanceDilot,alandscaandEngineeringforreviewdapproval.
Prio ation Maprior uanceOcc Light dscapMai Distric
Occu ion Buildpublic prin back?
lessspeci?callyerein,theseconditionsshallnotbeconstruedtoperm allowdeviationyFederalorStatelawsnoranyofthelocalcodesanPleasecontacttheHemetFireDepartmen FirePreventionDivision
Priortotheissuanceofabuildingperm vided
waterpurveyorthatsuf?cientcapacityis Therequired?reflowforthisprojectis1 esiduessuredurationof2hours,perCFCAppe and duratio Anapprovedtersupplableofsupplyingtherequiredfireflowfor?re protectionshaeprovideliewhenanyportionofthebuildingorfacilityisin excessof150atfroma rovedwatersupplyonapublicstreet,per?Section903.2 hydrantsandmainsshallbeapprovedbythe Priortocombustibleconstructioncommencing,installand/orupgrade,asrequir bytheUniformFireCodeSection901.1,street(off-site)firehydrantspursuant theCityofHemetStandardSpeci?cationsforPublicWorksConstruction.Distan D
LANDSCAPING102 th orestablishmentoftheLightingandstr peplanshallbesubmittedtoPlanningan103.rtorecordoftheFinalorptotheissofaCerti?cateofupancy,a ingandLeningntenancet(LLMD)shallbeestablished.104PriortotheissuanceofaCerti?cateofpancyor?nalizatoftheingPermit,submitlandscape"as-built"in areas,andRPcipleowpreventioncerti?cation(s)forallwaterservice.
FIREDEPARTMENTCONDITIONSThisprojecthasbeenreviewedas3SFresidentialdevelopment,anyotherusewillrequirefurtherreview.Un statedh itor froman d1‘.ordinancesadoptedbythisjurisdiction.foranyquestionsregardingcompliancewiththefollowingconditions:AGENCYAPPROV ALS105. itwrittenproofshallbeprofromtheavailablefor?reprotection.minimum000GPM@20psir alpr forandixIll-A.Fire?ow?ownforbuildingswithoutautomatic?reprotectionandhavinganareainexcessof3,600squarefeetshallnotbelessthanspeci?edinTableA—lll-A-1. .4.
HYDRANTSANDFIREPROTECTIONSYSTEMS106. we ycapIIb donsfe napp.Thelocationofon-siteFireMarshall.107. edtoCB CityofHemet-ConditionsofApprovalCITentativeTractMapNo.32717-McSweenyFarmsSpecificPlan -20-04—05-05AdoptedConditionsofApproval.wpdPage 44 of 53
17.E.
UniformFireCode
desinedtosupportt imposedload parat therconditions,
as3 provedbytheC ofHemetFire acco heUniformFireCodSections902.2and902.2.2.‘ ivesrequiremeimum pparfeet(outsi 2feet UniformFireCo
ondaryaccessforemrgencyve reets 600portionofanypublictreatshal grad hout Priortothe anceofaCerti?cateofOccupancy,"NoParking- FireLane"igns, redcurbinghydrantmarkers(bluedots)shallbeprovidedtothespeci?ctionsoftheCityometFireMarshalinaccordancewiththeUniformFireCode8ctionCaliforniaVehicleCode UniformFireCode
mm
CityofHemetMunicipalCodeDepartmentStandards
between?rehydrantsshallnotexceed300feetwithoutapprovalfromtheFireMarshal.108Inaccordancewiththe _Section901.3;thewatersystem(mainsandhydrants)shallbetestedandacceptedbytheFireMarshalpriortothecommencementofcombustibleconstruction.ACCESS109.Priortodeliveryofcombustiblematerialsonsite,provideandmaintain(an)allweatheraccessroadway(s)20—feetwidewitha13-foot6—inchverticalclearance9 he sof?reapusinallweap ity Marshalinrdancewithte .1 l(dirtornatoildoesnotmeetminimumnts).Minturningradiusfor?rea atus.fromcenterline,is52de)and3 (inside).Fireaccessisrequiredtowithin150ftofallportionsofeverybuilding.110.inaccordancewiththe deSection90222.3,approvedturnaroundsarerequiredonanyaccessroadinexcessof150feetinlength,perCityofHemetFireDepartmentStandards.111.Allcul-de-sacsshallconformtoCityStandardsforlength.widthandturnaroundradius.Providesec e hlclesonallst overfeetinlength.No s lexceed12%ewitapprovalfromtheFiresMarshal.112.issu s '
and afHe e901.4and902.1andSection22500.1ofthe113.Priortofinalinspection.addressesshallbeprovidedonallnewandexistingbuildingsinaccordancewiththe Section901.4.4. q
114.inaccordancewiththe odeSection902.4,securitygatesifinstalled.shallbeinstalledwithanautomaticdeviceand/orkeyswitchtoallowFireandPoliceDepartmentaccesspursuanttothe andEir_eMISCELLANEOUS115.Anemergencyexitshallbeprovidedintrapfence(gateshallremainunlockedwhensalesof?ceisopen).
ClCityofHemet-ConditionsofApprovalCITentativeTractMapNo.32717-McSweenyFarmsSpecificPlan 04-05-05AdoptedConditionsofApproval.wpdPage 45 of 53
17.E.
UniformFireCode
foot addr ehydraatio,knoxbo ppliand rivew formatbe mpatible ver 116.
117.
118.
Portable?reextinguishersshallbeinstalledineachmodelhomeandsalesof?ce.ThetypeandspacingshallbesetbytheCityofHemetFireMarshalinaccordanCewith Section1002.PriortotheissuanceofaCerti?cateofOccUpa‘ncy.anelectronicversionofthe?naltractmaporsiteplanshallbesubmittedforfiresuppressionuse.Thescaleshallbesuchthatthesiteplanshallbeclearlylegible,showingallstreets,thebuildingprintsandesses,?r ntlocns xlocations(ifacable).accessd ays.Theshallco withthelatestsionof"AutoCad".AccessDuringConstruction:Accessforfirefightingequipmentshallbeprovidedtotheimmediatejobsiteatthestartofconstructionandmaintaineduntilallconstructioniscomplete.Fireapparatusaccessroadsshallhaveanunobstructedwidthofnotlessthan20feetandanunobstructedverticalclearanceofnotlessthan13'—6.Firedepartmentaccessroadsshallhaveanallweatherdrivingsurfaceandsupportaminimumweightof73,000lbs(Sec.902CFC).
POLICEDEPARTMENTCONDITIONS119.
120.
121.
The310residentialunitsrepresent868residents.1.13policeof?cersshallberequiredtopolicetheseadditionalresidents.Adequatelightingduringstorageofequipmentandmaterialsonsite,andconstructionphasesshallberequiredbythedeveloper.ThepaseoLotEwallscomprisedoflowwallandsee-throughuppersectionsshallberequiredinordertoremovethecanyoneffectofthepaseolotasindicatedontheapprovedwallandfencingdetails.END CityofHemet-ConditionsofApprovalDTentativeTractMapNo.32717-McSweenyFarmsSpecificPlan -22-04-05—05AdoptedConditionsofApproval.wpdPage 46 of 53
17.E.
zoouvozqqd5'1,.s'-‘7'71'I0INTHECITYOFHEMET,COUNTYOFRIVERSIDE,STATEOFCALIFORNMTRACTNO32717-2IBEINGASUBDIVISIONOFLOT3OFTRACTMAP32529,INTHECITYOFHEMET,COUNTYOFRIVERSIDE,STATEOFCALIFORNIA,FILEDINBOOK395,PAGES73THROUGH76,INCLUSIVEOFMAPS,INTHECOUNTYMEDH55*“DAYOFQEEl2006., OFRIVERSIDE,STATEOFCALIFORNIA,INTHEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTY .AT2 BOOKOFMAPS,ATW“ PAGE_,1- TTHEREQUESTOFTHECLERKOFTHEBOARD.AEI—CASCENGINEERINGSEPTEMBER2004 #:35-.?gDQ-WYUARDBY .. COUNTYASSSSOR—CLERK—RECORDEITDEPUTYSUBDIVISIONCUARANQ’EBY .-m TITLECOMPANYNormAMERICA/U WEHEREBYCER77FYTHATWEARETHEOWNERSOFTHELANDINCLUDEDWITHINTHESUBDIVISIONSHOWNHEREON;THATWEARETHEONLYPERSONSWHOSECONSENTISNECESSARYTOPASSACLBQRTITLETOSAIDLAND;THATWECONSENTTOTHEMAKINGANDRECORDINGOFTHISSUBDIVISIONMAPASSHOWNWITHINTHEDISTTNCTTVEBORDERLINE.WEHEREBYDEDICATETOPUBLICUSEFORSTREETANDPUBLICUTILITYPURPOSESLOTS”A"THROUGH”G.INCLUSIVE.WEHEREBYDEDICATETOTHECITYOFHEMETFORPUBLICPARKSPURPOSESLOT"N".WEHEREBYRETAINLOTS"H",”I",'J',"K",'L'AND"M"FORTHESOLEBENEFITOFOURSELVES,OURSUCCESSORSANDOURASSIGNEES. WIHEREBYSTATETHATIAMALICENSEDLANDSURVEYOROFTHESTATEOFCALIFORNIAANDTHATTHISMAPCONS/STINGOFTHESEVEN(7)SHEETSCORRECTLYREPRESENTSASURVEYMADEUNDERMYSUPERVISIONDURINGSEPTEMBER2004;THATALLMONUMENTSSHOWNHEREONACTUALLYEXISTANDTHEIRPOSITIONSARECORRECTLYSHOWN,ORWILLBESETINACCORDANCEWITHTHETERMSOFTHEMONUMENTAGREEMENTFORTHISMAP;THEMONUMENTSWILLBESUFFICIENTTOENABLETHESURVEYTOBERETRACED.THESURVEYISTRUEANDCOMPLETEASSHOWN.1411014:3:—24.4..WILLIAMH.ADDINGTON,P.L.S.3827EXPIRES:06—30—06 WWI;I,JORGEBIAGIONI,HEREBYSTATETHATIHA VEEXAM/NEDTHEWITHINMAP,THATTHESUBDIVISIONSHOWNHEREONISSUBSTANTTALLYTHESAMEASITAPP54REDONTHETENTATTVEMAP;THATALLAPPLICABLEPROVISIONSOFTHESTATESUBDIVISIONMAPACTANDLOCALORDINANCESAPPLICABLEATTHETTMEOFAPPROV ALOFTHETENTATTVEMAP,I-MVEBEENCOMPLIEDWITHANDIAMSATISFIEDTHISMAPISTECHNICALLYCORRECTASSHOWN.DATEDTHISADAYOFM 2006 MWHOUSINGPARTNERSIII,L.P.,ACALIFORNIALIMITEDPARTNERSHIPBY:MWHOUSINGMANAGEMENTIII,LLC,ACALIFORNIALIMITEDLIABILITYCOMPANYITSGENERALPARTNERBY:WRICPINVESTMENTSIIILLC,AW ASHINGTONLIMITEDLIABILITYCOMPANYITSCO—MANAGERBY:WEYERHAEUSERREALTYINVESTORS,INC.,AW ASHINGTONCORPORATIONITSMANAGERWadLQL/BA JORGEBIAGIONI,PRINIPALENGINEERR.C.E.33757EXPIRES6-30—06 WWTHECITYOFHEMET,COUNTYOFRIVERSIDE,STATEOFCALIFORNIA,BYANDTHROUGHIT'SDULYAUTHORIZEDOFFICERS,HEREBYAPPROVESTHISMAPANDACCEPTSTHEDEDICATIONSSHOWNHEREONFORSTREETANDPUBLICUTILITYPURPOSES.CONTINGENTONTHECOMPLETTONOFSTREETIMPROVEMENTS.DAYOFMK“,2006 TITLE.' IHEREBYCERTIFYTHATACCORDINGTOTHERECORDSOFTHISOFI-7CE,ASOFTHISDATE,THEREARENOLIENSAGAINSTTHEPROPERTYSHOWNONTHEWITHINMAPFORUNPAIDSTATE,COUNTY ,MUNICIPAL,ORLOCALTAXESORSPECIALASSESSMENTSCOLLECTEDASTAXES,EXCEPTTAXESORSPECIALASSESSMENT?rEO?CTEDASTAXESNOWALIENBUTNOTYETPAY ABLE,WHICHARE/ /ESTIMATEDTOBEIDATED:H\Z2006.W ASHiTONSTATEOF )SS.COUNTYOFKIM.)ONADAYOFM.2006BEFOREME,PERSONALLYAPPEAREDMLLM—ANDPERSONALLYKNOWNTOME(ORPROVEDTOMEONTHEBASISOFSATISFACTORYEVIDENCE)TOBETHEPERSONSWHOSENAMESARESUBSCRIBEDTOTHEWITHININSTRUMENTANDACKNOWLEDGEDTOMETHATTHEYEXECUTEDTHESAMEINTHEIRAUTHORIZEDCAPACITIESANDTHATBYTHEIRSIGNATURESONTHEINSTRUMENTTHEPERSONS,ORTHEENTITYUPONBEHALFOFWHICHTHEPERSONSACTED,EXECUTEDTHEINSTRUMENT. OO IHEREBYCER77FYTHATABONDINTHESUMOF’MHASBEENEXECUTEDANDFILEDWITHTHEBOARDOFSUPERVISORSOFTHECOUNTYOFRIVERSIDE,CALIFORNIA,CONDITIONEDUPONTHEPAYMENTOFALLTAXES,STATE,COUNTY ,MUNICIPALORLOCAL,ANDALLSPECIALASSESSMENTSCOLLECTEDASTAXES,WHICHATTHETIMEOFFILINGOFTHISMAPWITHTHECOUNTYRECORDERAREALIENAGAINSTSAIDPROPERTYBUTNOTYETPAY ABLEANDSAIDBONDHASBEENDULYAPPROVEDBYSAIDBOARDOFSUPERWSORS.DA$0M,2006NANCYROMER0CLERKEPTHE304:?SUPESORSBY ’
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17.E.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 08 2025
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Administrative Services Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 1999-1 (Heartland Project), Authorizing the Levy of a Special Tax in Community Facilities District 1999-1 (Heartland Project) for Fiscal Year 2025-2026
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 1999-1 (Heartland Project), Authorizing the Levy of a Special Tax in Community Facilities District 1999-1 (Heartland Project) for Fiscal Year 2025-2026
BACKGROUND:
The City established Community Facilities District No. 1999-1 (Heartland Project) on August 5, 1999, for street certain acquisition and construction the of cost the financing of of purpose the improvements, including landscaping, drainage facilities, utilities, fees, and other eligible costs. Two bonds were issued in August 2001 and November 2002. Those two bond issues were refinanced with a single new bond issue for $14,350,000 in June 2006, and thus provided savings to the homeowners in the district.
ANALYSIS:
Each year a special tax is required to be levied to cover the costs of the district’s debt service, administrative costs, and (if necessary) the replenishment of the reserve funds. This maximum special tax applicable for all classifications of taxable property is as follows: Undeveloped Property, $6,200/Net Taxable Acre; Non-Conforming Developed Property, $6,200/Net Taxable Acre; Conforming Single-Family Property, $800/Per Residential Unit; Conforming Multi-Family Property, $600/Per Residential Unit. The levy of the special tax will be equal on all parcels of taxable property, up to 100% of the maximum special taxes until it has levied the amount necessary to satisfy the special tax requirement for the fiscal year.
17.F.
The maximum special tax for the district levy has been calculated by the City’s consultant, Harris & Associates, to be $1,025,398. However, the special tax requirement is only $708,470.70, which is a decrease of 3.17% from last year’s levy of $731,647.18.
PREVIOUS COUNCIL ACTION:
City Council adopted Resolution 3543 and Ordinance 1641 to establish the City of Hemet Community Facilities District No. 1999-1 (Heartland Project).
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 3: Increase the community's pride within the City.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 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 impact to the General Fund with this action. The individual property owners are responsible for the annual payments of special taxes. The City will work with the County concerning the filing of the annual special tax with the County Auditor-Controller.
The City will file the annual special tax to be collected with the County Auditor-Controller for placement on the property tax bills. The City’s cost to administer Community Facilities District No. 1999-1 (Heartland Project) annually will be reimbursed through the special taxes charged to property owners. The revenue from the annual special tax will be deposited into a fund for CFD No. 1999-1 (Heartland Project) and will be used to pay said administrative expenses and for the maintenance services listed above. Both the revenue and expenses are part of the City’s FY 2025-2026 Adopted Budget.
ALTERNATIVE(S):
1. Do not adopt the Resolution Authorizing the Levy of a Special Tax in Community Facilities District No. 1999-1 (Heartland Project), for Fiscal Year 2025-2026.
2. Provide alternate direction to the City Manager.
17.F.
ATTACHMENT(S):
Attachment 1 - Heartland Reso updated
Attachment 2 - CFD No.1999-1_Heartland_Budget for FY 25-26
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 1999-1 (HEARTLAND PROJECT),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT 1999-1
(HEARTLAND PROJECT) FOR FISCAL YEAR 2025-2026
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 1999-1 Heartland Project, created pursuant to the Mello-Roos Community Facilities District Act of 1985, as amended (the “Act”); and WHEREAS, the City Council of the City of Hemet has enacted Ordinance No. 1641 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with procedures set forth in the act:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 1999-1
HEARTLAND PROJECT, FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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SECTION 1.FINDINGS - Each of the above recitals is true and correct.
SECTION 2. SPECIAL TAX RATES - Pursuant to the provisions of this resolution and City of Hemet Ordinance No. 1641, there is to be levied an aggregate special tax of $708,470.70 on the parcels which comprise the CFD for Fiscal Year 2025- 2026 as set forth in an electronic format acceptable to the Auditor-Controller of Riverside County by Harris & Associates.
SECTION 3. FINDINGS – The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 1641 and is not in excess of the amount previously approved by the qualified electorate of the CFD.
SECTION 4. USE OF PROCEEDS – The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs for the following items:
A. Payment of principal and interest on the outstanding authorized bonded indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary.
C. Payment of administrative costs and incidental expenses of the CFD.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.
SECTION 5. AUDITOR-CONTROLLER – The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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parcel of land affected in a space marked “CFD No. 1999-1 Heartland Project” on the next County assessment roll on which taxes will become due.
SECTION 6. AUDITOR-CONTROLLER – The County Auditor-Controller shall, at the close of the tax collection period, promptly render the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 29304 of the Government Code.
SECTION 7.EFFECTIVE DATE - This Resolution shall become effective on July 8, 2025.
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of July, 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.
2025-2026 Budget
City of Hemet
Delinquency Rate for Fiscal Year 23/24 as of 6/2024 0.22% Delinquency Rate for Fiscal Year 24/25 as of 6/2025 2.13% Projected Number of Parcels to Levy1,209
Series 2006
Principal Amount of Bonds Outstanding as of Sept 2025 $3,800,000.00 Interest due 03/01/26 $89,961.25
Interest due 09/01/26 $89,961.25 $179,922.50
Principal due 09/01/26 $565,000.00
Total Debt Service Due for Fiscal Year $744,922.50
Reserve Fund Requirement - Series 2006 $745,637.50
Projected Reserve Fund Balance - Series 2006$271,266.25 Reserve Fund Surety Bond $474,371.25
Reserve Adjustment $0.00 $0.00
Total Debt Service and Reserve Adjustment $744,922.50
Current Year
Levy
Fiscal Agent $4,725.47
Tax Consultant $12,360.00
Auditor-Controller 87.23(1) $87.23
Projected Auditor-Controller (per Parcel enrollment fee)0.22(1)(3) $265.98 Projected Treasurer/Tax Collector (per Parcel fee) 0.25(4) $302.25 Arbitrage Rebate Calculations $0.00
Disclosure Services $0.00
City Administration $6,749.18
Levy Rounding ($4.63)
Total Administration $24,485.48
Total Debt Service and Reserve Adjustment $744,922.50
Total Administration $24,485.48
Deficit (Surplus) Fund Balance(2) ($60,937.28)
Total Special Tax Requirement $708,470.70
Administration Percentage of Special Tax Requirement 3.46% Total Maximum Special Tax as of August 2025 $1,025,398.00 FY 2025-26 Allowable Special Tax Levy $804,811.90
City's Percentage of Levy 0.95%
Total Levy for Fund No. 68-2399 $708,470.70
Prior Year Levy (Final Accepted) $731,647.18
Difference ($23,176.48) -3.17%
(1) Auditor-Controller fixed charge fees
CFD 1999-1 (Heartland)
Special Tax Requirement Computation
(2) Portion of surplus Fund Balance used to reduce FY 25-26 levy.
17.F.
ACCOUNT FUNDS
BALANCE AVAILABLE
Fund/Account As of 4/30/25 FOR SEPT P & I
Special Fund1 $915,572.47 $915,572.47
Interest Account $24,075.18 $24,075.18
Principal Account $0.00 $0.00
Extraordinary Reserve $0.00
Reserve Fund Cash Balance $271,266.25
Reserve Fund Surety Bond $474,371.25
Administrative Account $0.00
Project Fund $0.00
Prepayment Fund $0.00 $0.00
Total Funds Available $939,647.65
Special Tax Fund Balance $939,647.65
Anticipated Collection $0.00
Subtotal $939,647.65
Funds Needed for Sept. P & I $654,961.25
Surplus/(Deficit)1 $284,686.40
Other Sources:
Reserve Fund Total $748,513.50
Reserve Fund (Cash Balance) $271,267.25
Reserve Fund (Surety) $474,371.25
Total of Avail. Sources $745,638.50
2025-2026 Budget
City of Hemet
CFD 1999-1 (Heartland)
Account Balances
(1) Balance includes funds designated for future bond calls or reduction in annual special tax.
17.F.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 08 2025
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing
TITLE:
Resolutions of the City Council of the City of Hemet, California, Authorizing the Levy of an Annual Special Tax for the City of Hemet Acting in its Capacity as the Legislative Body of the Community Facilities District No. 2005-01 (Public Safety Services), Community Facilities District No. 2019-01 (McSweeny), Community Facilities District No. 2021-01 (Saddle Point), Community Facilities District No. II), Point 2022-02 No. District (Saddle Community Pointe), (Heritage 2021-02 Facilities Community Facilities District No. 2023-01 (Morgan Crossing) and Community Facilities District No. 2024-01 (Public Facilities Maintenance)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt Resolutions of the City Council of the City of Hemet, California, Authorizing the Levy of an Annual Special Tax for the City of Hemet Acting in its Capacity as the Legislative Body of the Community Facilities District No. 2005-01 (Public Safety Services), Community Facilities District No. 2019-01 (McSweeny), Community Facilities District No. 2021-01 (Saddle Point), Community Facilities District No. 2021-02 (Heritage Pointe), Community Facilities District No. 2022-02 (Saddle Point II), Community Facilities District No. 2023-01 (Morgan Crossing) and Community Facilities District No. 2024-01 (Public Facilities Maintenance).
BACKGROUND:
Council staff’s upon act and consider to City of for is item agenda this purpose The the recommendation to adopt seven resolutions allowing the City to levy and collect special taxes for the fiscal year (FY) beginning July 1, 2025, and ending June 30, 2026, for the following Community Facilities Districts (CFD) which were formed pursuant to provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California:
CFD No. 2005-01 (Public Safety Services) was formed to mitigate public safety service impacts created by new development within the City and allows for the levy and collection of a special tax. Services funded by the CFD 2005-01 (Public Safety Services) include police
17.G.
protection services and fire protection and suppression services. The developments included are Autumn Ridge, Centex Homes, Emerson Ranch, Frey, Hideaway, Peppertree, McSweeny Farms, Provence, Rancho Diamante, Stetson Ranch, The Enclave, Tres Cerritos, Willowalk, Villa de Madrid, Saddle Point, Heritage Pointe, Saddle Point II and Morgan Crossing. CFD No. 2019-01 (McSweeny) is composed of two zones: Special Tax A and Special Tax B.
Special Tax Area A is composed of Tract 33824, Tract 33824-1, Tract 33824-2, Tract 33825, Tract 33825-1 and Special Tax Area B is composed of 5 additional parcels of undeveloped land, the combined total of which are projected to include 1,351 single family units at buildout.
Special Tax A and Special Tax B provide funding for (i) streetlights and pedestrian lights maintenance, including energy charges, operation, maintenance, and administrative costs of streetlights and pedestrian lights; (ii) landscape maintenance to be financed, including streetscape and related facilities. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement, and inspection. (iii) maintenance, administration, and inspection of the stormwater facilities and BMPs, including water quality basins and any other NPDES/WQMP/BMP-related device (iv) litter and graffiti removal on sound walls and other amenities, plus normal painting as required. CFD No. 2021-01 (Saddle Point) is composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of the streetlights and landscaping in the City right-of- way, monuments, graffiti abatement and stormwater facilities not located in Special Tax Area B. Special Tax B provides funding for maintenance of the (i) landscaping and stormwater facilities of Lot KK on Tract Map 35393-1 (drainage basins and earthen flood control channel) and (ii) perimeter landscape areas immediately adjacent to the existing State controlled channel that runs South-West through the project. Maintenance of the Special Tax B improvements is the responsibility of the Property Owners’ Association, which entered into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner’s Association to a standard acceptable to the City. The CFD is projected to include 278 single-family units at buildout.
CFD No. 2021-02 (Heritage Pointe). CDF 2021-02 (Heritage Pointe) is composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of the streetlights, landscaping in the City right-of-way, fencing and basins/stormwater facilities not located in Special Tax Area B. Special Tax B provides funding for maintenance of the 5 parks and park facilities. Maintenance of the Special Tax B improvements is the responsibility of the Property Owners’ Association, which entered into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner’s Association to a standard acceptable to the City. The CFD is projected to include 299 single-family units at buildout.
CFD No. 2022-02 (Saddle Point II) is composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of the streetlights, landscaping, monuments, storm drains, catch basins and graffiti abatement not located in Special Tax Area B. Special Tax B provides funding for maintenance of the (i) landscaping, slopes, maintenance road and stormwater facilities of Lot KK on the final phase of Tract Map 35393 (drainage basins and earthen flood control channel), (ii) monuments and (iii) two parks. Maintenance of the Special Tax B improvements is the responsibility of the Property Owners’ Association, which entered into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner’s Association
17.G.
to a standard acceptable to the City. The CFD is projected to include 145 single-family units at buildout.
CFD No. 2023-01 (Morgan Crossing) is composed of Special Tax A and Special Tax B.
Special Tax A provides funding for maintenance streetlights, the area known as Lot L on Tract Map or right-of-way City the in maintenance, landscape including 35392, landscaping easement, including streetscape, hardscape, pathways, access roads, slopes, and open space areas but excluding those areas/devices specifically identified in Special Tax B, stormwater facilities and BMPs, including Lots A and O of Tract Map 35392 and litter and graffiti removal on soundwalls and other amenities and normal painting as required. Special Tax B provides funding for maintenance the area known as Lot E on Tract Map 35392, including landscape maintenance, four parks (Lot B, C, F J, and K of Tract Map 35392) including play structures and other park facilities and equipment, entry monuments and litter and graffiti removal on soundwalls and other amenities and normal painting as required; Maintenance of the Special Tax B improvements are the responsibility of the Property Owner’s Association which entered into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner’s Association to a standard acceptable to the City. The CFD is projected to include 150 single-family units at buildout.
CFD 2024-01 (Public Facilities Maintenance) (“CFD”) is composed of a special tax that provides funding for maintenance of (i) landscaping and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and repair of irrigation facilities, (iii) maintenance of public signage (iv) maintenance and operation of water quality improvements, which include storm drainage and flood protection facilities (vi) maintenance of streets and roadways, including but not limited to slurry seal, asphalt overlay, public street sweeping and similar roadway maintenance. The CFD was formed with an initial two zones and a future annexation area. Three additional zones have been added to the CFD through the annexation process.
The individual resolutions have a further breakdown of the services provided in each District.
ANALYSIS:
In order to receive funding for each District, the City Council must adopt annual Resolutions authorizing the levy of a special tax for each District.
For FY 2025-2026 the total proposed levy for each District is as follows:
District Special Tax A FY 2025-26 Levy
CFD No. 2005-01 (Public Safety Services) $1,604,730.92 CFD No. 2019-01 (McSweeny)1 $225,997.52
CFD No. 2021-01 (Saddle Point)2 $151,521.12
CFD No. 2021-02 (Heritage Pointe)2 $150,725.90
CFD No. 2022-02 (Saddle Point II)2 $90,117.50
CFD No. 2023-01 (Morgan Crossing)2 $181,590.00
CFD No. 2024-01 (Public Facilities
Maintenance) $21,129.82
1Special Tax B boundary area is undeveloped at this time and will not be taxed in FY 2025-26 2Special Tax B is dormant at this time and will not be taxed in FY 2025-26
17.G.
CFD 2005-01 (Public Safety Services) maximum special tax is adjusted each year by the greater of the percentage increase in the Consumer Price Index or 3%.
CFD No. 2019-01 (McSweeny), CFD No. 2021-01 (Saddle Point), CFD No. 2021-02 (Heritage Pointe), and CFD No. 2022-02 (Saddle Point II), CFD No. 2023-01 (Morgan Crossing) and CFD No. 2024-01 (Public Facilities Maintenance) maximum special taxes are subject to annual escalation based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous fiscal year.
PREVIOUS COUNCIL ACTION:
On September 27, 2005, the City Council passed Resolution No. 3949 to create CFD No. 2005-01 (Public Safety Services) as well as subsequent annexations adding territory to CFD No. 2005-01 (Public Safety Services).
On January 14, 2020, the City Council passed Resolution No. 2020-005 to create CFD No. 2019-01 (McSweeny).
On July 13, 2021, the City Council passed Resolution No. 2021-030 to create CFD No. 2021- 01 (Saddle Point).
On January 25, 2022, the City Council passed Resolution No. 2022-012 to create CFD No. 2021-02 (Heritage Pointe).
On October 25, 2022, the City Council passed Resolution No. 2022-183 to create CFD No. 2022-02 (Saddle Point II).
On June 13, 2023 the City Council passed Resolution No. 2023-086 to create CFD No. 2023- 01 (Morgan Crossing).
On October 22, 2024 the City Council passed Resolution No. 2024-191 to create CFD No. 2024-01 (Public Facilities Maintenance).
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 3: Increase the community's pride within the City.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 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:
17.G.
The revenue from each special tax is deposited into the individual fund for each CFD listed above and is used to pay for costs and expenses of services rendered as listed above. Both the revenue and expense for CFD 2005-01 (Public Safety Services) are part of the City’s FY 2025-2026 Adopted Budget. to Director Services Administrative establish for authorization requests Staff the appropriations for the remaining CFDs in Fund 229 based on the levy amounts. There is no anticipated impact to the general fund in FY 2025-2026. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by each CFD listed above.
The City will file the annual special tax to be collected with the County Auditor-Controller for placement on the property tax bills. The City’s cost to administer each CFD listed above annually will be reimbursed through the special taxes charged to property owners. The revenue from the annual special taxes will be deposited into a fund for each CFD and will be used to pay said administrative expenses and for the maintenance services listed above.
ALTERNATIVE(S):
1. Do not adopt the resolutions associated with each CFD levy for FY 2025-2026.
2. Provide alternate direction to the City Manager.
ATTACHMENT(S):
Attachment 1: Resolution authorizing the levy in McSweeny CFD Attachment 2: Resolution authorizing the levy in SaddlePoint CFD Attachment 3: Resolution authorizing levy in Heritage Pointe CFD Attachment 4: Resolution authorizing the levy in SaddlePointII CFD Attachment 5: Resolution authorizing the levy in Morgan Crossing CFD Attachment 6: Resolution authorizing the levy in Public Safety Service CFD Attachment 7: CFD 2005-01 (Public Safety Service) Budget Details FY25-26 Attachment 8: Resolution authorizing the levy in Public Facilities Maintenance CFD
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2019-01 (MCSWEENY), AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY
FACILITIES DISTRICT NO. 2019-01 (MCSWEENY) FOR
FISCAL YEAR 2025-2026
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 2019-01 (McSweeny) (hereinafter referred to as “CFD 2019-01” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation January 14, 2020, Resolution No. 2020-005, to form CFD No. 2019-001 and enacted Ordinance No. 2020-001 January 28th, 2020, in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and
WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with procedures set forth in the act:
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2019- 01 (MCSWEENY), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - Each of the above recitals is true and correct.
SECTION 2.SPECIAL TAX RATES - Pursuant to the provisions of Resolution No. 2020-005 and City of Hemet Ordinance, No. 2020-01, there is to be levied an aggregate special tax of $225,997.52 on the parcels which comprise the CFD for Fiscal Year 2025-2026 as set forth in an electronic format acceptable to the Auditor- Controller of the County by Harris & Associates. Each parcel’s special tax amount is determined based on the Fiscal Year 2025-2026 special tax rates which are as follows:
Special Tax A
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
Special Tax B
SECTION 3.FINDINGS - The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 2020-001 and is not in excess of the rate previously approved by the qualified electorate of the CFD.
SECTION 4.USE OF PROCEEDS - The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs for the following items:
A. Streetlights and pedestrian lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights and pedestrian lights within the boundaries of the CFD.
B. Landscape maintenance to be financed, including streetscape and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.
C. Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other NPDES/WQMP/BMP related devices. The maintenance may
include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, and structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
D. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
E. All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.
SECTION 5.COLLECTION OF TAXES - The special tax for services shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and procedure, sale, and lien priority in cases of delinquency as is provided for ad valorem taxes; provided, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the legislative body for each lot or parcel of land affected on the next County assessment roll on which taxes will become due.
SECTION 6.AUDITOR-CONTROLLER - The County Auditor-Controller shall, at the close of the tax collection period, promptly render the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 29304 of the Government Code.
SECTION 7. ORDERS - The City Council authorizes
the Administrative Services Director to establish appropriations of $225,997.52 in Fund 229 based on the levy amount.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
SECTION 8. EFFECTIVE DATE - This Resolution shall become effective on July 8, 2025.
PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of July, 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.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2021-01 (SADDLE POINT), AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (SADDLE POINT)
FOR FISCAL YEAR 2025-2026
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 2021-01 (Saddle Point) (hereinafter referred to as “CFD 2021-01” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation July 13, 2021, Resolution No. 2021-030 to form CFD No. 2021-01 and enacted Ordinance No. 2021- 1979 on August 10th, 2021, in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and
WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with procedures set forth in the act:
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2021- 01 (SADDLE POINT), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - Each of the above recitals is true and correct.
SECTION 2.SPECIAL TAX RATES - Pursuant to the provisions of this Resolution and City of Hemet Ordinance No. 2021-1979, there is to be levied an aggregate special tax of $151,521.12 on the parcels which comprise the CFD for Fiscal Year 2025-2026 as set forth in an electronic format acceptable to the Auditor-Controller of the County by Harris & Associates. Each parcel’s special tax amount is determined based on the Fiscal Year 2025-2026 special tax rates which are as follows:
Special Tax A
Special Tax B
SECTION 3.FINDINGS - The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 2021-1979
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
and is not in excess of the rate previously approved by the qualified electorate of the CFD.
SECTION 4.USE OF PROCEEDS - The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs for the following items:
A. Streetlights and pedestrian lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights and pedestrian lights within the boundaries of the CFD.
B. Landscape maintenance to be financed, including streetscape and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.
C. Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other NPDES/WQMP/BMP related devices. The maintenance may
include but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies.
Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected too not be deficient.
Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
D. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD.
E. All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.
SECTION 5.COLLECTION OF TAXES - The special tax for services shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and procedure, sale, and lien priority in cases of delinquency as is provided for ad valorem taxes; provided, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the legislative body for each lot or parcel of land affected on the next County assessment roll on which taxes will become due.
SECTION 6.AUDITOR-CONTROLLER - The County Auditor-Controller shall, at the close of the tax collection period, promptly render the CFD a detailed report
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
showing the amounts of the special tax installments, penalties, interest and fees collected and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 29304 of the Government Code.
SECTION 7.ORDERS - The City Council authorizes
the Administrative Services Director to establish appropriations of $151,521.12 in Fund 229 based on the levy amount.
SECTION 8.EFFECTIVE DATE - This Resolution shall become effective on July 8, 2025.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of July, 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.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2021-02 (HERITAGE POINTE),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2021-02
(HERITAGE POINTE) FOR FISCAL YEAR 2025-2026
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 2021-02 (Heritage Pointe) (hereinafter referred to as “CFD 2021-02” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation January 25, 2022, Resolution No. 2022-12, to form CFD No. 2021-02 and enacted Ordinance No. 2022-1991 on February 8th, 2022, in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and
WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with procedures set forth in the act:
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2021- 02 (HERITAGE POINTE), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - Each of the above recitals is true and correct.
SECTION 2.SPECIAL TAX RATES - Pursuant to the provisions of this Resolution and City of Hemet Ordinance No. 2022-1991, there is to be levied an aggregate special tax of $150,725.90 on the parcels which comprise the CFD for Fiscal Year 2025-2026 as set forth in an electronic format acceptable to the Auditor-Controller of the County by Harris & Associates. Each parcel’s special tax amount is determined based on the Fiscal Year 2025-2026 special tax rates which are as follows:
Special Tax A
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
Special Tax B
SECTION 3.FINDINGS - The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 2022-1991 and is not in excess of the rate previously approved by the qualified electorate of the CFD.
SECTION 4.USE OF PROCEEDS - The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs for the following items:
A. Street light maintenance to be financed including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD.
B. Landscape maintenance to be financed, including streetscape, fencing, monuments and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control,
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
including fuel modification, and other abatements, electricity, repair/replacement and inspection.
C. Park maintenance to be financed, including maintenance of landscaping and park facilities. Park facilities may include, but is not limited to, play structures, public gathering spaces, multi- purpose tables and shade structures, signage and lighting, trash and recycling receptacles, barbeque areas and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection
D. Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other NPDES/WQMP/BMP related devices. The maintenance may
include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation, fencing and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
deficiencies, erosion, trash, silt, sediment, structural deficiencies.
Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient.
Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
E. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD.
F. All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.
SECTION 5.COLLECTION OF TAXES - The special tax for services shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and procedure, sale, and lien priority in cases of delinquency as is provided for ad valorem taxes; provided, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the legislative body for each lot or parcel of land affected on the next County assessment roll on which taxes will become due.
SECTION 6.AUDITOR-CONTROLLER - The County Auditor-Controller shall, at the close of the tax collection period, promptly render the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
collected and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 29304 of the Government Code.
SECTION 7.ORDERS - The City Council authorizes
the Administrative Services Director to establish appropriations of $150,725.90 in Fund 229 based on the levy amount.
SECTION 8.EFFECTIVE DATE - This Resolution shall become effective on July 8, 2025.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of July, 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.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2022-02 (SADDLE POINT II),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(SADDLE POINT II) FOR FISCAL YEAR 2025-2026
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 2022-02 (Saddle Point II) (hereinafter referred to as “CFD 2022-02” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation October 25, 2022, Resolution No. 2022-183, to form CFD No. 2022-02 and enacted Ordinance No. 2023-2017, in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with procedures set forth in the act:
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2022- 02 (SADDLE POINT II), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - Each of the above recitals is true and correct.
SECTION 2.SPECIAL TAX RATES - Pursuant to the provisions of this Resolution and City of Hemet Ordinance No. 2023-2017, there is to be levied an aggregate special tax of $ $90,117.50 on the parcels which comprise the CFD for Fiscal Year 2025-2026 as set forth in an electronic format acceptable to the Auditor-Controller of the County by Harris & Associates. Each parcel’s special tax amount is determined based on the Fiscal Year 2025-2026 special tax rates which are as follows:
Special Tax A
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
Special Tax B
SECTION 3.FINDINGS - The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 2022-____ and is not in excess of the rate previously approved by the qualified electorate of the CFD.
SECTION 4.USE OF PROCEEDS - The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs for the following items:
A. Streetlights maintenance including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD.
B. Landscape maintenance to be financed, including streetscape and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.
C. Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
NPDES/WQMP/BMP related devices. The maintenance may
include but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies.
Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected too not be deficient.
Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
D. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD.
E. All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
SECTION 5.COLLECTION OF TAXES - The special tax for services shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and procedure, sale, and lien priority in cases of delinquency as is provided for ad valorem taxes; provided, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the legislative body for each lot or parcel of land affected on the next County assessment roll on which taxes will become due.
SECTION 6.AUDITOR-CONTROLLER - The County Auditor-Controller shall, at the close of the tax collection period, promptly render the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 29304 of the Government Code.
SECTION 7.ORDERS - The City Council authorizes
the Administrative Services Director to establish appropriations of $90,117.50 in Fund 229 based on the levy amount.
SECTION 8.EFFECTIVE DATE - This Resolution shall become effective on July 8, 2025.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of July, 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.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2023-01 (MORGAN CROSSING),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2023-01
(MORGAN CROSSING) FOR FISCAL YEAR 2025-2026
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 2023-01 (Morgan Crossing) (hereinafter referred to as “CFD 2023-01” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation June 13, 2023, Resolution No. 2023-086, to form CFD No. 2023-01 and enacted Ordinance No. 2023- 2013 on June 27th, 2023, in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and
WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with procedures set forth in the act:
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2023- 01 (MORGAN CROSSING), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - Each of the above recitals is true and correct.
SECTION 2.SPECIAL TAX RATES - Pursuant to the provisions of this Resolution and City of Hemet Ordinance No. 2023-2013, there is to be levied an aggregate special tax of $181,590.00 on the parcels which comprise the CFD for Fiscal Year 2025-2026 as set forth in an electronic format acceptable to the Auditor-Controller of the County by Harris & Associates. Each parcel’s special tax amount is determined based on the Fiscal Year 2025-2026 special tax rates which are as follows:
Special Tax A
Special Tax B
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
SECTION 3.FINDINGS - The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 2023-2013 and is not in excess of the rate previously approved by the qualified electorate of the CFD.
SECTION 4.USE OF PROCEEDS - The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs for the following items:
A. Street lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD.
B. Landscape maintenance to be financed, including streetscape and related facilities, including monuments, hardscape, access roads and pathways, specifically identified within the CFD. The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
C. Park maintenance to be financed, including maintenance of landscaping and park facilities. Park facilities may include, but is not limited to, play structures, public gathering spaces, multi- purpose tables and shade structures, signage and lighting, trash and recycling receptacles, and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.
D. Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other NPDES/WQMP/BMP related devices. The maintenance may
include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting,
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies.
Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient.
Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
E. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD.
F. All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.
SECTION 5.COLLECTION OF TAXES - The special tax for services shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and procedure, sale, and lien priority in cases of delinquency as is provided for ad valorem taxes; provided, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the legislative body for each lot or parcel of land affected on the next County assessment roll on which taxes will become due.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
SECTION 6.AUDITOR-CONTROLLER - The County Auditor-Controller shall, at the close of the tax collection period, promptly render the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 29304 of the Government Code.
SECTION 7.ORDERS - The City Council authorizes
the Administrative Services Director to establish appropriations of $181,590.00 in Fund 229 based on the levy amount.
SECTION 8.EFFECTIVE DATE - This Resolution shall become effective on July 8, 2025.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of July, 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.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES) FOR FISCAL YEAR 2025-2026
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 2005-1 Public Safety Services, created pursuant to the Mello-Roos Community Facilities District Act of 1985, as amended (the “Act”); and WHEREAS, the City Council of the City of Hemet has enacted Ordinance No. 1746 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with procedures set forth in the Act:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2005-1
PUBLIC SAFETY SERVICES, FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
SECTION 1.FINDINGS - Each of the above recitals is true and correct.
SECTION 2.SPECIAL TAX RATES - Pursuant to the provisions of this Resolution and City of Hemet Ordinance No. 1746, there is to be levied a special tax on parcels which comprise the CFD for Fiscal Year 2025-2026 as set forth in an electronic format acceptable to the Auditor-Controller of the County as provided by Harris & Associates. Each parcel’s special tax amount is determined based on the Fiscal Year 2025-2026 special tax rates which are as follows:
A. Developed Single Family Residence is $554.90 per unit B. Developed Multi-Family Residence is $447.64 per unit C. Entitled Property is $278.52 per lot
SECTION 3.FINDINGS - The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 1746 and is not in excess of the rate previously approved by the qualified electorate of the CFD.
SECTION 4.USE OF PROCEEDS - The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs for the following items:
A. Police protection services and fire protection and suppression services.
B. Establishment or replenishment of any reserve funds, if necessary.
C. Reasonably anticipated delinquent special taxes, if necessary.
D. Payment of administrative costs and incidental expenses of the CFD.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
SECTION 5.AUDITOR-CONTROLLER - The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked “CFD No. 2005-1 Public Safety Services” on the next County assessment roll on which taxes will become due.
SECTION 6.AUDITOR-CONTROLLER - The County Auditor-Controller shall, at the close of the tax collection period, promptly render the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 29304 of the Government Code.
SECTION 7.EFFECTIVE DATE - This Resolution shall become effective on July 8, 2025.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of July, 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.
City of Hemet
Community Facilities District No. 2005-01 (Public Safety Services) County Fund No. 68-2390
Levy Summary:
Land Use Code
(LUC)
FY 2024-25
Levy Rates
FY 2024-25
Levy
FY 2025-26
APN Count
FY 2025-26
Unit Count
FY 2025-26
Levy Rate
FY 2025-26
Levy
SFR $538.74 $1,350,621.18 2,758 2,758 $554.90 1,530,414.20 $ MFR $434.60 $36,071.80 83 83 $447.64 37,154.12$
MFR(1) $434.60 $1,738.40 1 4 $447.64 1,790.56$
ENT $270.40 $61,651.20 127 127 $278.52 35,372.04$
TOTALS $1,450,082.58 2,969 2,972 $1,604,730.92
(1) Represents one parcel with 4 units (448230027-8)
Historical Rates:
Rates escalate by the greater of 3.0% or the Consumer Price Index each March (Riv-San Bern-Ontario, CA CUURS49CSA0):
Year CPI Value4
Change
in CPI
% Change
in CPI Escalator
LUC1 (SFR)
Rate
LUC2 (MFR)
Rate
LUC3 (ENT)
Rate
2005 201.100 $269.00 $217.00 $135.00
2006 210.500 9.400 4.67% 4.67% $281.57 $227.14 $141.31
2007 217.845 7.345 3.49% 3.49% $291.40 $235.07 $146.24
2008 224.625 6.780 3.11% 3.11% $300.47 $242.39 $150.79
2009 221.693 (2.932) -1.31% 3.00% $309.48 $249.66 $155.32 2010 225.916 4.223 1.90% 3.00% $318.77 $257.15 $159.98
2011 233.319 7.403 3.28% 3.28% $329.21 $265.57 $165.22
2012 236.866 3.547 1.52% 3.00% $339.09 $273.54 $170.17
2013 239.043 2.177 0.92% 3.00% $349.26 $281.75 $175.28
2014 242.437 3.394 1.42% 3.00% $359.74 $290.20 $180.54
2015 243.569 1.132 0.47% 3.00% $370.53 $298.90 $185.95
2016 248.368 4.799 1.97% 3.00% $381.65 $307.87 $191.53
2017 254.971 6.603 2.66% 3.00% $393.10 $317.10 $197.28
2018 265.095 10.124 3.97% 3.97% $408.70 $329.70 $205.12 2018 Revised 101.897
2019 104.749 2.852 2.80% 3.00% $420.96 $339.60 $211.28
2020 107.162 2.413 2.30% 3.00% $433.58 $349.78 $217.62
2021 110.981 3.819 3.56% 3.56% $449.04 $362.24 $225.38
2022 122.127 11.146 10.0432% 10.04% $494.14 $398.62 $248.02 2023 127.707 5.580 4.57% 4.5700% $516.72 $416.84 $259.36 2024 133.144 5.437 4.26% 4.2600% $538.74 $434.60 $270.40 2025 136.511 3.367 2.53% 3.0000% $554.90 $447.64 $278.52 (4) CPI reporting region changed in 2018. See Note (D) below Summary of the three (3) taxing categories:
LUC Description
FY 2005-06 Initial
Rate
FY 2022-23
Max Rate(3)
FY 2023-24
Max Rate(3)
FY 2024-25
Max Rate(3)
FY 2025-26 Max
Rate(3)
LUC1 Dev. SFR $269.00 $494.14 $516.72 $538.74 $554.90
LUC2 Dev. MFR $217.00 $398.62 $416.84 $434.60 $447.64
LUC3 Entitled(2) $135.00 $248.02 $259.36 $270.40 $278.52 (2) Final Map but no building permits. This is a per lot tax. (3) Rounded to even pennies for 2 installments.
NOTES:
(A) Undeveloped and Tax-Exempt Property not taxed.
(B) Multiple Use parcels taxed based on sum of the Max Special Tax levies that can be imposed on all LUCs located on the APN. (C) Parcels are considered developed if the building permit was pulled prior to 5/1 prior to current fiscal year. (D) The Bureau of Labor Statistics (Bureau) has changed the regional groupings they use for reporting CPI-U information. In 2017 and prior years, the CPI-U statistics used for City of Hemet were for the Los Angeles-Riverside-Orange County region . The new region established by the Bureau that
includes the City of Hemet is the Riverside-San Bernardino-Ontario region. Since the Bureau did not start reporting for this grouping until Dec 2017, there did not exist a year-over-year comparison available until FY 2019-2020 for calculating the CPI change. For fiscal year 2018/2019 the Bureau recommended using the available information for the Los Angeles-Riverside-Orange County region which yielded an April 2017-April 2018 increase of
3.97% in the CPI-U. Beginning in FY 2019/2020 we will utilize the Riverside-San Bernardino-Ontario region. The Bureau of Labor Statistics does not provide a month of April CPI reading for the Riverside-San Bernardino-Ontario region. It only provides every other month as follows: January, March, May, July, September, November. Therefore, we will utilize the month of March beginning in FY 2019-2020 and thereafter.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2024-01 (PUBLIC FACILITIES
MAINTENANCE), AUTHORIZING THE LEVY OF A
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO.
2024-01 (PUBLIC FACILITIES MAINTENANCE) FOR
FISCAL YEAR 2025-2026
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities District No. 2024-01 (Public Facilities Maintenance) (hereinafter referred to as “CFD 2024-01” or “CFD”), pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), being Chapter 2.5 of the State of California Government Code; and
WHEREAS, the City Council approved a Resolution of Formation October 22, 2024, Resolution No. 2024-191, to form CFD No. 2024-01 and enacted Ordinance No. 2024-2046 on November 12th, 2024, in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and
WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with procedures set forth in the act:
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET, ACTING AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICT 2024- 01 (PUBLIC FACILITIES MAINTENANCE), FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - Each of the above recitals is true and correct.
SECTION 2.SPECIAL TAX RATES - Pursuant to the provisions of this Resolution and City of Hemet Ordinance No. 2024-2046, there is to be levied an aggregate special tax of $21,129.82 on the parcels which comprise the CFD for Fiscal Year 2025-2026 as set forth in an electronic format acceptable to the Auditor-Controller of the County by Harris & Associates. Each parcel’s special tax amount is determined based on the Fiscal Year 2025-2026 special tax rates which are as follows:
Special Tax A
SECTION 3.FINDINGS - The special tax levy set forth above does not exceed the amount previously authorized by City of Hemet Ordinance No. 2024-2046 and is not in excess of the rate previously approved by the qualified electorate of the CFD.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
SECTION 4.USE OF PROCEEDS - The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs for the following items:
A. Maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance of streets and roadways including slurry seal, asphalt overly and other similar maintenance; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
B. Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, fossil fuel filters, infiltration basins, flood control channels and similar facilities.
Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements and flood control channel improvements; and
C. Public street sweeping, on the segments of the arterials within the boundaries of CFD 2024-01; as well as local roads within residential subdivisions located within CFD 2024-01; and any portions adjacent to the properties within CFD 2024-01.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any other purpose.
SECTION 5.COLLECTION OF TAXES - The special tax for services shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and procedure, sale, and lien priority in cases of delinquency as is provided for ad valorem taxes; provided, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the legislative body for each lot or parcel of land affected on the next County assessment roll on which taxes will become due.
SECTION 6.AUDITOR-CONTROLLER - The County Auditor-Controller shall, at the close of the tax collection period, promptly render the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected and from which properties they have been collected. Any expenses to be paid
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 29304 of the Government Code.
SECTION 7.ORDERS - The City Council authorizes
the Administrative Services Director to establish appropriations of $21,129.82 in Fund 229 based on the levy amount.
SECTION 8.EFFECTIVE DATE - This Resolution shall become effective on July 8, 2025.
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.G.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of July, 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.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 08 2025
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with H2O Partners, Inc. for Pavement Management Services and Authorizing the City Manager to Execute all Necessary Documents Related to this Agreement and Authorizing the Administrative Services Director to Appropriate $110,000 of Measure ‘A’ (Fund 222) to Fund The Project
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving an Agreement with H2O Partners, Inc. for Pavement Management Services and Authorizing the City Manager to Execute all Necessary Documents Related to this Agreement and Authorizing the Administrative Services Director to Appropriate $110,000 of Measure ‘A’ (Fund 222) to Fund The Project.
BACKGROUND:
The City of Hemet last conducted a citywide pavement condition assessment in 2022 through HR Green and their subcontractor, Infrastructure Management Services, Inc. (IMS), which provided a snapshot of Hemet's roadway network's Pavement Condition Index (PCI) and informed subsequent planning and maintenance priorities. Consistent with industry best practices and the City’s internal asset management goals, pavement condition assessments are typically conducted every three years to ensure up-to-date data guides project prioritization and funding decisions. The City has constructed several roadway projects over the past three years and continues to push projects out to address deferred maintenance and preserve roadway investments. Periodic updates to the pavement database are essential to track degradation and refine capital improvement strategies.
ANALYSIS:
To ensure cost-effective and compliant procurement, the City leveraged the HGACBuy cooperative purchasing program (Contract #HP08-21) to obtain competitive pricing for the proposed services.
Under this framework, H2O Partners, Inc. was selected to perform the pavement management work in partnership with Roadway Asset Services (RAS), a specialized subcontractor.
17.H.
H2O/RAS was selected based on their technical expertise, use of advanced LCMS-2 imaging technology, and their ability to integrate with Cartegraph, the City’s existing asset management platform. Their proposed methodology aligns with ASTM D6433 standards, provides high-resolution pavement imagery, and includes comprehensive PCI analysis, scenario modeling, and an interactive data validation portal for staff use. These capabilities are expected to improve the accuracy of future roadway maintenance planning, optimize funding decisions, and support the City’s ongoing infrastructure asset management efforts.
The agreement is effective through July 7, 2026, with provisions for month-to-month extensions at the City's discretion. Standard termination and funding provisions are included to protect the City’s interests should circumstances change.
DISCUSSION:
The proposed agreement with H2O Partners, Inc. will allow the City to update its pavement condition data across all public roadways. Their team, including subcontractor Roadway Asset Services (RAS), will use high-tech survey vehicles to assess the condition of Hemet’s streets.
A quality control process will be conducted to ensure that the data collected in this survey is accurate and the subsequent reporting can be relied upon for developing a 20-year strategy to address the City's road maintenance challenges.
This project is important to assist the Public Works Department with the many considerations of efficient road maintenance decisions and is part of the City’s ongoing commitment to making smart, cost-effective infrastructure decisions.
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:
The total not-to-exceed amount for this agreement is $105,918, which includes the pavement survey, data processing, reporting services, and an on-site presentation of findings.
17.H.
Funding Capital 2029-2030 - 2025-2026 Fiscal the Year recommended is project this for in Improvement Program (CIP) that will have a public hearing on the same date prior to this item's consideration. If, for some reason, the City Council does not approve the CIP on this date, staff recommends the Administrative Services Director be authorized to appropriate $110,000 from Measure 'A' (Fund 222) to support this agreement.
ALTERNATIVE(S):
1. Do not adopt the resolution approving the Professional Services Agreement.
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1: Resolution Approving a PSA with H2O Partners, Inc.
Attachment 2: PS Agreement - H2O Partners (RAS) - Pavement Management Services - 2025-095
17.H.
CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AN AGREEMENT
WITH H2O PARTNERS, INC. FOR PAVEMENT
MANAGEMENT SERVICES AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS RELATED TO THIS AGREEMENT AND
AUTHORIZING THE ADMINISTRATIVE SERVICES
DIRECTOR TO APPROPRIATE $110,000 OF MEASURE
‘A’ (FUND 222) TO FUND THE PROJECT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet requires routine pavement condition assessments to evaluate roadway conditions, guide maintenance priorities, and plan long-term capital improvements; and
WHEREAS, the City has historically conducted pavement surveys every three to five years as part of its ongoing asset management, capital planning and infrastructure preservation efforts; and
WHEREAS, H2O Partners, Inc., with its subcontractor Roadway Asset Services (RAS), has submitted a proposal to provide citywide professional pavement management services using automated survey vehicles, high-resolution data capture, and Cartegraph-compatible data deliverables; and
WHEREAS, the proposed services include Pavement Condition Index (PCI) and International Roughness Index (IRI) data collection, GIS integration, Cartegraph
17.H.
CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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Scenario Builder calibration, and an optional on-site presentation of results at a public meeting; and
WHEREAS, the total not-to-exceed cost of the agreement is $105,918.00; and WHEREAS, funding for this project has been included in the Fiscal Year 2025/2026 – FY 2029/2030 Capital Improvement Program (CIP) scheduled for adoption on July 8, 2025, before consideration of this item; and WHEREAS, if for any reason the Fiscal Year 2025/2026 – FY 2029/2030 Capital Improvement Program (CIP) is not approved July 8, 2025 prior to consideration of this item, staff recommends the Administrative Services Director be authorized to appropriate $110,000 of Measure ‘A’ (Fund 222) to support the award of this project; and
WHEREAS, the agreement was procured through the HGACBuy cooperative purchasing program under Contract No. HP08-21, in compliance with applicable federal, state, and local procurement requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1.The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein as findings of the City Council.
SECTION 2. The City Council hereby approves a Professional Services Agreement with H2O Partners, Inc. for pavement management services in an amount
17.H.
CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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not to exceed $105,918.00, and authorizes the City Manager to execute the Agreement and any necessary amendments thereto, in a form approved by the City Attorney.
SECTION 3.the Administrative Services Director is authorized to appropriate $110,000 of Measure ‘A’ (Fund 222) to support this project.
SECTION 4.This Resolution shall become effective on July 8, 2025.
PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.H.
CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the this 8th day of July, 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
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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
H2O PARTNERS, INC.
A TEXAS CORPORATION
AGREEMENT # 2025-095
17.H.
PROFESSIONAL SERVICES AGREEMENT
FOR PAVEMENT MANAGEMENT SERVICES
BETWEEN THE CITY OF HEMET AND H2O PARTNERS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 9th day of July, 2025 (“Effective Date”), by an d between the CITY OF HEMET (“City”), a California municipal corporation and H2O Partners, Inc., a Texas corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. In compliance with federal, state and City procurement regulations, the City has obtained competitive pricing for the Projec t using HGACBuy cooperative contract # HP08-21 attached hereto and incorporated herein by reference as Exhibit “D” [Cooperative Agreement] to purchase from Consultant the performance of services defined and described particularly in Section 2, “Scope of Services” of this Agreement.
2. Cons
ultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authorit y to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
O
PERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the P
arties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. T ERM OF AG REEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through July 7, 2026, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties.
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(a) T
he City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) C
onsultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. S COPE OF SERVICES
Subj
ect to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A ,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. A DDITIONAL SERVICES
Cons
ultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. C OMPENSATION
(a) S
ubject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred and Five Thousand Nine Hundred and Eighte en Dollars ($105,918.00) (“Not to Exceed Amount”) unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) A
ll City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed bi - weekly and are sa fe and secure. To enroll in ACH electronic payments contact
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AP
@hemetca.gov.
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. M ETHOD OF PAYMENT AND INVOICING
(a) Pa
yment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) E
xcept as to any charges for work performed or expenses incurred by Co nsultant which are disputed by City, City will use its best efforts to cause Co nsultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) T
he Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement
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i
n the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. I NSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Co nsultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud , and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.”
SECTION 7. O WNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any
purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant ’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. I NTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or
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des
irable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. C ONSULTANT’S BOOKS AND RECORDS
(a) C
onsultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Se rvices provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit , and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. I NDEPENDENT CONTRACTOR
(a) C
onsultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any
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ma
nner, nor to incur any obligation, debt , or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant ’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant ’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim C onsultant may have to any such rights.
SECTION 11. S TANDARD OF PE RFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, com
petent, and professional manner. Consultant s hall at all times faithfully, competently, and to the best of its ability, experience, a nd talent, perform all Services. In meeting its obligations under this Agreement, C onsultant shall employ, at a minimum, generally accepted standards and pr
actices utilized by persons engaged in providing services similar to the Services required of C
onsultant under this Agreement, and shall use such skill, prudence, and diligence as other m
embers of Consultant’s profession commonly possess and exercise. In addition to the general s
tandards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services ” t hat shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and
a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. C OMPLIANCE WITH APPL IC ABLE LAWS; PERMITS AND LI CENSES Consultant shall keep itself informed of and comply with all applicable federal, state , and local laws, statutes, codes, ordinances, regulations , and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement a
nd that such licenses are in good standing, including but not limited to obtaining a City business license
. Consultant further represents and warrants that the services provided herein shall conform
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to a
ll ordinances, policies , and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. P REVAILING WAGE LAWS
Cons
ultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless f rom any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. N ONDISCRIMINATION
Cons
ultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision- making, race, color, religious creed, marital stat us, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)- (f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal.
Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non- discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. C ONFLICTS OF INTEREST
(a) C
onsultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant ’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Consultant is unaware of any stated position of
17.H.
Ci
ty relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. C ONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) A
ll information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents , or sub consultants , shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If
Consultant, or any officer, employee, agent , or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs , and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant , its officers, employees, agents , or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing , or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant . However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
SECTION 17. I NDEMNIFICATION
(a) T
o the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees , representatives and agents
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(“
Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants ), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees , representatives, sub consultants , anyone directly or indirectly employed by any of them, or anyone that they c ontrol.
Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Cons
ultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor , or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.
In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. I NSURANCE
Consultant agrees to obtain and maintain in full force and effect during the T e rm of this A
greement the i nsurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
T
hese requirements are subject to amendment or waiver if so approved in writing b y the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. A SSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill t
he duties and obligations imposed upon Consultant unde r this Agreement. In recognition of that int
erest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or
the performance of any of Consultant’s duties or obligations under this Agreement without the pr
ior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute
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a mater
ial breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant , in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in
the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub c onsultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. C ONTINUITY OF PERSONNEL
Consult
ant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/ sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. T ERMINATION OF AGREEMENT
(a) Cit
y may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consul
tant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If ei
ther Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upo
n termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “ Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon wr
itten notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City
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may
rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. E XCUSABLE DELAYS
Neit
her Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, e mbargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. N OTICES.
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 C
ity:
To C
onsultant:
City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
H2O Partners, Inc.
1515 S. Capitol of Texas
Hwy Suite 305
Austin, TX 78746
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 cust ody of the United States Postal Service.
SECTION 24. A UTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Cons ultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bi nd Consultant to the performance of its obligations hereunder.
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SECTION 25. A DMINISTRATION 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, c
onsistent with Section 27 “Amendment” and the City Manager’s contracting authority under the H
emet Municipal Code.
SECTION 26. B INDING EFFE CT .
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. A MENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve a
ny amendment to this Agreement if the total compensation under this Agree m ent, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be a
pproved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER .
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any P
arty of any breach of the provisions of this Agreement shall not constitute a waiver of any other pr
ovision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant s hall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. L AW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the eve nt of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, Ca lifornia. In th e event of litigation in a U.S. District Court, venue shall lie exclusively in the Ce ntral District of California, in Riverside.
SECTION 30. A TTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or int erpret any provision of this Ag reement, the prevailing Party in such litigation or othe r p roceeding shall be entitled to 00091740.2
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ward of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. E NTIRE AGREEMENT.
Thi
s Agreement, including the attached exhibits and a ddendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. S EVERABILITY.
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).
S
ECTION 33. I NCORPORATION AND CONFLICTING TERMS.
(a) T
he following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any law s, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreem ent Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
S
ECTION 34. T IME OF THE ESSENCE.
Ti
me is of the essence for each and every provision of this Agreement.
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00091740.2
Si
gnature Page
PROFESSIONAL SERVICES AGREEMENT
FOR PAVEMENT MANAGEMENT SERVICES
B
ETWEEN THE CITY OF HEMET AND H2O PARTNERS , INC.
IN W
ITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CIT
Y OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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hibit A – Scope of Services
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EXHIBIT “A”
SCOPE OF SERVICES
Pavement Condition Survey Equipment: Roadway Asset Collection (RAC) Vehicles The pavement data will be processed per road segment using the continuous and detailed 20-foot linear samples acquired by the RAC Laser Crack Measurement System (LCMS -2) vehicle. RAS will adopt the City's existing GIS linked centerlines and the detailed 20 -foot LCMS samples will be processed into 2,500 sq.ft samples following the ASTM D6433 logic. These 2,500 sq.ft samples can then be loaded as sample inspections for every City segment, thus creating multiple inspections for each segment.
Alternatively, RAS can also aggregate the 2,500 sq.ft samples to match the City's existing segmentation, thus creating one inspection record for every segment. The RAS approach is comprehensive and nimble enough to evolve with City expectations. The City will receive the condition and analysis results in several formats such as Excel Spreadsheets, geodatabases, and ArcGIS Online prior to the City's final Cartegraph production load.
To ensure adequate coverage, the RAC vehicle will single pass all residential roadways and double pass arterial and collector roads. This will be confirmed with the City prior to commencement of field work during the GIS prep stages. RAS will calculate an ASTM D6433 PCI score using the detailed extent and severity distress data captured in the field for every segment, for all street functional classifications, and the overall network. In addition, IRI values will be provided for all street functional classifications in accordance with the AASHTO R 57. The individual distress data and IRI data will be delivered to the City for import to Cartegraph to calculate the Overall Condition Index (OCI).
Once the field pilot and verification of data is completed, processing will continue, and a PowerBI data portal will be delivered with condition data and linked forward-view imagery for City QC. At the completion of the project, the roadway and right -of-way images will be delivered. The pavement condition database for the network will be formatted for the City to import to Cartegraph and the City's GIS environment.
To complete the automated pavement condition survey, the RAS team will dedicate RAC vehicles equipped with:
• The LCMS-2 camera is a downward-facing laser array providing images used to evaluate data that conforms with ASTM D6433 protocols, which uses two 1- millimeter-pixel resolution line scan cameras to provide a customized digital condition rating system to collect user defined severity/extent-based pavement distresses and rutting. • The pavement distress type, density, severity, and extent are collected with the LCMS -2 and are used to calculate a Pavement Condition Index (PCI) score, between 0- 100, that represents the condition of 100% of the driven lanes.
• Linear distance measuring to within +/-0.5%.
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xhibit A – Scope of Services
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• High-Definition cameras (utilized for accurate ROW asset capture, extraction, and pavement QA/QC).
• A class 1 inertial profiler for simultaneously capturing dual -wheel path (left and right) International Roughness Index (IRI) measurements to the hundredth inch and RCI measurements, in accordance with AASHTO R48. The profiler has gone through ASTM E-950 certification and has been independently certified by Texas A&M Transportation Institute (TTI). The inertial profiler meets the requirements and will be operated in accordance with AASHTO Standards R 57-10, M 328, R 56-10, and R43M/R43-7. • A
pplanix POS/LV with DGPS (Provides accurate internal GPS navigation for geo-locating pavement and right of way asset information).
T
he RAS team will conduct pavement survey work on dry pavement and in lighting conditions that ensure accurate crack detection. We will collect imagery during daylight hours only, with no rain, fog, or snow visibility obstructions. Any road segment(s) that exhibits low image quality due to lighting will be recollected at a later time. While RAS is confident our fleet is sufficient to complete the project in a timely manner, it's worth noting we have the ability to lease additional similar equipment if needed.
P
avement Data Processing: Automated Crack Analysis with RoadTRIP™ W
hile the field data collection is on -going, the data will be uploaded to the office environment, where it is imported to the RAS Al enhanced pavement rating tool RoadTRIP™ (Technical Rating Intelligence Program). The RAS team will concurrently process the field data using the RoadTRIP™ software to link, calculate distress densities, classify distress types, calculate an initial PCI, and perform a final QC of the dataset. RoadTRIP™ was programmed with sophisticated algorithms that use sound geometry and distress density to properly classify and quantify pavement distress types.
O
nce the data is imported into RoadTRIP™, the major data processing tasks also occur, such as generation of right-of-way and pavement image streams; calculation of profile, roughness, rutting, detection of cracks, lane- markings, man-made objects, and other distresses for HMA and Rigid- PCC roadways.
RoadTRIP™ was designed around the ASTM D6433 data collection protocols and contains a PCI calculator that uses ASTM D6433 distress deduct curves and Q -correction. This PCI is used for Quality Assurance before importing detailed extent/severity distress data into Cartegraph.
QA/QC: Automated Crack Analysis and Engineer Review
The automated crack analysis in RoadTRIP™ detects cracks that are overlaid on the pavement images and offset to assist with the verification of the detected distresses. The longitudinal and transverse crack distresses, which are transformed from th e LCMS -detected cracks, are used during reporting to identify where the LCMS-detected cracks are found to result in an unacceptable
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xhibit A – Scope of Services
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level of false positives. These affected distress cracks are eventually deleted. During reporting, the distress cracks are d efined by road zone and accumulated according to the units defined in the client specification. The RAS data reduction routine is built into the RoadTRIP™ software as the application was built to consume the detailed LCMS files and reduce them into individual distress extent and severity scores, based on the defined limits (ASTM D6433). The software takes this an additional step by reducing the detailed distress data into a calculated Pavement Condition Index (PCI) for each segment of roadway maintained by the City. The severity levels are verified for resolution through visual quality control checks of image files.
Senior Pavement Engineers and Principals of RAS, Mark Kramer, PE and Scot Gordon, PE, will lead a team of experienced pavement inspectors to perform a minimum 10% QC to confirm the distresses and severity of the pavement condition data collected by the automated technology. This manual quality review is performed, in accordance with the principles of the ASTM D6433 standard, using the LCMS paveme nt images gathered during collection with the distresses superimposed and color coded, such as what can be seen in the corresponding image.
QA/QC: RAS Data Reviews
The importance of the pilot data reviews cannot be understated as it has become a routine milestone for the RAS Team on all pavement condition projects. The pilot allows RAS to collect, process, and review condition data with City staff to ensure accuracy with the data collection and interpretation protocols. The field pilot will consist of approx imately 10 miles. The review of the RAS condition data will be hosted by Senior Pavement Engineer, Scot Gordon, PE, 1AM either remotely or in the field, where he will review site conditions with City Staff. Scot uses a tablet that contains the segment PCI scores along with the deduct points assigned to each distress such that everyone understands the PCI impacts of distresses that are present. If issues are confirmed, then corrective action to the initial pilot will be processed for City review prior to commencing the full network data processing activities. The field pilot allows the RAS team to accommodate local roadway design, soil conditions, modify the distress processing software, and proceed forward with network-level data processing. Discussions duri ng the field visit help calibrate the actual distress conditions that trigger treatment options.
RAS Data Validation Portal (PowerBI)
Each RAS client is presented with the raw and processed pavement condition data via Excel, Access, GIS, and Google Earth fi les. In addition, we provide our clients with a Data Validation Portal (hosted in PowerBI) that can be accessed via connected devices in the field.
The RAS Data Validation Portal resides within PowerBI. City staff will have easy access to a map that displays the pavement condition data on a segment -by-segment basis. The user can filter by unique ID, PCI range, pavement type, or functional classification depending on what they would like to visualize. The filters are also fully customizable, as clients have included districts and other factors to make the filter process more streamlined.
Example: Upon clicking on the desired segment for inspection, the distress deducts are then displayed in the lower right-hand side of the screen, indicating that this particular segment with a
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xhibit A – Scope of Services
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PCI of 68 is largely impacted by high and moderate severity alligator cracking in addition to low severity longitudinal/transverse cracking.
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he user can then click on an image link to verify the displayed distress deducts by virtually driving down the segment, spaced every 20-feet. After clicking the image link for that pavement segment, the high
-r
esolution images are then populated such that the user can virtually drive the segment in question to visually verify the average PCI or even the detailed distress deducts. The purpose of this application is to assist the City in their review of the RAS inspection data and create a highly visualized space in which to do so.
I
mporting Data To Cartegraph
As a strategic business partner of Cartegrap h, the RAS team is commonly tasked with importing new pavement inspection data into an agency's production Cartegraph environment. RAS has assigned Cartegraph's former Senior Vice President of Services, Jeff Booth, MBA, to manage the Cartegraph import and data configuration. Mr. Booth brings over 10 years of experience intimately working with Cartegraph and 7 years of municipal experience serving as an IT Project Manager.
A typical Cartegraph import happens in two phases as follows:
Phase I: Test Environment - most agencies operating an enterprise system such as Cartegraph OMS have a test environment specifically set up for vendors to test a data load or parameter configuration prior to moving into production. During this stage, the RAS team formats the 2,500 sq.ft. inspection samples or segment level distress data for import into the Cartegraph software.
The data is loaded as a new
inspection such that it DOES NOT overwrite any legacy data within the software. Old inspections are retained and simply no longer utilized for budgetary modeling purposes.
Data loading for Cartegraph users includes the development of a series of 7 specific import sheets that are formatted for use with the Cartegraph import/export utility. The import sheets cover updates to core segment attribution, tasks, inspections, samples, distress data, and condition categories. The RAS approach to data import is approved and recommended by Cartegraph. While RAS routinely imports data to Cartegraph, we find it imperative to begin with a test environment to fully ensure data integrity.
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hase II: Production Environment - Upon completion of the import to the test environment, the RAS Team has our Cartegraph support team review the loaded data to ensure there are no gaps in the data structure or format. Upon City acceptance of Cartegraph, the RAS team moves the database into the City's production environment, generally in off -hour
s to ensure minimal
downtime for City Staff and Services. RAS has the team, resources, and expertise to conduct a seamless production load to Cartegraph.
C
onfiguration of Cartegraph OMS Scenario Builder
While running the Scenario Builder models themselves might seem straight- forward, the RAS approach to such an analysis involves the following sequences and client engagements during the
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Exhibit A – Scope of Services
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process in an effort to configure the parameters that serve as the intelligence within Scenario Builder:
• Maintenance & Rehabilitation Setup – to ensure the results of the budget model runs meet the City's expectations, Scot Gordon will discuss the City's current Maintenance and Rehabilitation setup within the Cartegraph OMS system under the "Protocol Library". As a Professional Engineer with extensive pavement experience, Scot is well versed with the application of pavement rehabilitation techniques, trigger points, real-world impact to OCI, and life cycles.
As a part of this process, RAS will work with the City to determine the right treatment (prescription) at the right time. As completed with many agencies across the Country, RAS will work with City staff to review the existing pavement rehabilitation model parameters that are currently set up within the Scenario Builder Protocol Library. These parameters would be updated based on actual City expenditures for each activity and real -world life cycle estimates that relate to OCI impact. This includes reviewing Min/Max PCI, Breakpoint PCI, decision trees for treatments (using the advanced filter text in the Protocol Library), costs, and OCI impact values.
RAS can also discuss other treatments that the City may or may not be using, their benefits, their return on investment, and their adoption across the Country. The results of the scenarios would include investment benefit information indicating the cost per square foot of benefit for each maintenance strategy based on maintenance rehabilitation costs. This can be reported in a number of ways, but most commonly as the cost per square foot to increase the PCI by increments of 1 point.
• Deterioration Curves – forecasting pavement conditions within Carteg raph requires a detailed set of pavement deterioration curves for each roadway traffic classification, pavement material type, etc. as designated by the City. Scot will review the existing Cartegraph "Prediction Groups" to ensure there is enough granularity within the functional classes, pavement types, and that the deterioration curves assigned to each Prediction Group reflects realistic degradation rates in the City. If alterations to the curves are necessary, Scot will lead the update wi th the City and RAS team. Scenario Builder will pull the data configurations used in the Prediction Groups and Protocol Library to create clear, accurate predictions on everything from OCI gains to budget impacts over time. Scot Gordon and the RAS team have developed hundreds of deterioration curves based on collected data. Scot would work with the historical data, along with the collected data from this project, to develop updated and further refined deterioration curves for each combination of street clas sification and pavement surface type, representative of the climate.
• Supersegment Development - the Cartegraph Scenario Builder module runs models on the layers loaded into the system. While older versions of Cartegraph could only house a single layer, Cartegraph now gives users the ability to house a Supersegment layer, which is simply multiple segments stitched together to form a logical project or management
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xhibit A – Scope of Services
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section. The benefit of utilizing a Supersegment layer for use in Scenario Builder is that it runs the budgetary scenario at the project level, producing real -world rehabilitation plans that are ready for City review, modification, or acceptance. Our team will also provide recommendations to City staff for best practices in developing practically si zed Supersegments to yield model results that can be acted upon. RAS also utilizes Cartegraph's "Automation Manager" when developing or updating an agency's budgetary models using the Supersegment approach.
M
ileage Calculations
The City supplied RAS with an export of the pavement data stored within Cartegraph.
From that database, RAS has prepared our proposal with the following mileage assumptions.
Op
tion 11: Onsite council presentation of results
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xhibit B – Compensation
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EXHIBIT “B”
COMPENSATION
Compensation for the Services shall not exceed One Hundred and Five Thousand Nine Hundred and Eighteen Dollars ($105,918.00).
O
ption 11: Onsite council presentation of results - $2,500.00
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EXHIBIT “C”
INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by C onsultant, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. M INIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. M INIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
A
UTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Co nsultant 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.
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ROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant s hall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $ 2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date m ust be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City , its officers, agents, employees , and volunteers.
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MBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required] . As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages
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et forth above, including commercial gener al liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop- down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) O
THER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. U
pon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self -insured reten tions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Con sultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
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non
-contributory basis for the benefit of City before the City ’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City , its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, emp loyees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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EX
HIBIT “D”
COOPERATIVE AGREEMENT
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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - H2O Partners, Inc. - Public Services - ID: 7252
MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and H2O Partners, Inc., hereinafter referred to as the Contractor, having its principal place of business at 260 Addie Roy Road, Suite 150, Austin, TX 78746.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H- GAC will request such a determination only if Contractor bears all costs for preparation of the submission.
H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.
ARTICLE 4: INDEPENDENT CONTRACTOR
DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D
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The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H-GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.
ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.
ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:
1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;
5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting
NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D
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such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.
ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.
ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Aug 01 2021 and ends Jul 31 2023.
All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.
ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.
ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.
ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.
ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.
ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D
17.H.
all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC.
ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.
Exemption certificates will be provided upon request.
ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. H- GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.
ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
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Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.
ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.
C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.
D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D
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notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.
ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing
Price Increases
Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price.
Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors.
Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet.
All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.
Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to the Bids and Specifications manager, William Burton, at [email protected]
Review/Approval of Requests
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If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.
ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.
Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor.
The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.
Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.
ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.
ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.
ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.
Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.
ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.
Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
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ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.
H-GAC will not pay for any expenses incurred after the termination date of the contract.
A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.
B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.
ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.
ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed.
Determination of force majeure shall rest solely with H-GAC.
ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.
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A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.
B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.
ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.
Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D
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contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.
ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.
The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.
ARTICLE 37: INDEMNIFICATION AND RECOVERY
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H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.
ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.
ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.
ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D
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clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.
These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.
ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.
For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.
ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.
ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.
ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.
ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D
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thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with HGAC's final decision.
ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.
ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.
DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D
17.H.
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:
H2O Partners, Inc.
Signature $docusign:SignHere::Customer1
Name Jo Ann Howard
Title President
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSi
DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D 8/18/2021
8/23/2021
17.H.
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - H2O Partners, Inc. - Public Services - 7252
MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.
Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.
ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Master Agreement (“EUA) with the Contractor through this Master Agreement, and that the term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC.
Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D
17.H.
proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H- GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Master Agreement. H- GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC.
Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a DocuSign Envelope ID: 28204277-B83F-4E0A-966D-82F9B33FD42D