17.H.
The Hemet Fire Department (HFD) has enrolled three Firefighter EMTs in this training course alongside 32 regional students. To ensure continuous emergency response coverage and maintain mandatory operational staffing levels, an appropriation is required to backfill shift positions while these personnel attend scheduled coursework.
Although the course schedule is designed around shift rotations—allowing students to complete much of their training on off-duty days—certain mandatory class sessions directly overlap with scheduled duty days. The need to provide shift backfill during these overlapping periods represents the primary cost driver for this funding request. This appropriation will be utilized to fund overtime backfilling necessary on the various duty days each student is in class.
BACKGROUND/ANALYSIS:
The City of Hemet Fire Department continually seeks opportunities to enhance emergency medical services by increasing the number of licensed paramedics available to serve the community.
Supporting the professional development of incumbent firefighters through paramedic education strengthens the Department's advanced life support capabilities and helps ensure the continued delivery of high-quality emergency medical services.
The Cal-JAC administers a Paramedic Upgrade Academy designed specifically for incumbent firefighters currently certified as Emergency Medical Technicians (EMTs). The academy provides comprehensive instruction, including classroom education, laboratory training, clinical rotations, and field internship experiences required for National Registry certification and California paramedic licensure. Program tuition, textbooks, instructional materials, and required licensing and examination fees are funded through Cal-JAC grant resources, significantly reducing the direct educational costs to participating agencies.
Under the Memorandum of Understanding, participating fire departments are responsible for sponsoring qualified personnel, providing scheduling accommodations, maintaining workers' compensation coverage, coordinating field internships, and ensuring adequate operational staffing throughout the training program.
The academy curriculum consists of approximately 644 instructional hours beginning in August 2026 and includes classroom instruction, skills laboratories, examinations, clinical education, and field internship preparation.
To maintain emergency response coverage while firefighters attend the academy, the Department anticipates incurring overtime, backfill, and other operational staffing costs. The Department is requesting authorization to utilize available Ambulance Service Contract Penalty Funds, in an amount not to exceed $130,000, to offset these eligible expenses. Utilizing these existing funds will allow the Department to expand its paramedic workforce without impacting the General Fund.
The Riverside Emergency Medical Services Agency (REMSA) has indicated its support for the use of Ambulance Service Contract Penalty Funds for this purpose. The current MOU provided describing the funds are to only be used for EMS system enhancements. In recent discussion with the REMSA EMS Administrator, the intended use of these funds falls in accordance with the MOU.
DISCUSSION:
Expanding the Department's number of licensed paramedics directly supports the City's ability to deliver advanced life support services and improves emergency medical response capabilities for the community.
17.H.
Participation in the Cal-JAC Paramedic Upgrade Academy provides a cost-effective training opportunity because the educational expenses are funded through the academy. The City's primary financial responsibility is maintaining staffing levels while participating employees attend required training and clinical assignments.
Approval of this request will allow the Department to utilize existing Ambulance Service Contract Penalty Funds for eligible training-related operational expenses, including overtime, backfill, and associated personnel costs, rather than relying on General Fund appropriations.
This investment will strengthen the Department's long-term operational readiness by increasing the number of licensed paramedics available to respond to medical emergencies.
STRATEGIC PLAN INTEGRATION:
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
Ambulance Penalty Fees are part of the General Fund restricted fund balance category and are tracked and monitored separately by the City's Finance division. Use of these funds are restricted to allowable projects.
Approval of this item will authorize the Administrative Services Director to establish appropriations in General Fund in the amount of $130,000 to cover associated costs of overtime to backfill staffing while these employees attend the training. Any unused funds will be placed back under the Ambulance Penalty Fee fund balance to be used for future projects.
Upon successful completion of the program, these employees will be eligible for an additional 15% of their base salary as agreed upon in the Memorandum of Understanding between the City and the Hemet Fire Fighters Association and will be budgeted in future years.
ALTERNATIVE(S):
1. Do not approve the MOU with Cal-JAC and the usage of Ambulance Service Contract Penalty Funds to support the Paramedic Upgrade program particiaption.
2. Provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
17.H.
Attachment 1_ Reso. No. 2026-139_Paramedic Upgrade Program Attachment 2 - Cal-JAC 2026 Paramedic Academy Schedule
Attachment 3 - Cal-JAC MOU – Paramedic Upgrade Academy
Attachment 4-City of Hemet-Joint Monitoring MOU Ambulance Services Attachment 5-City of Hemet 2024-25 AMR System Enhancement Fee Distribution Annual Report
17.H.
CITY OF HEMET RESOLUTION NO. 2026-139 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF OF HEMET APPROVING A MEMORANDUM
UNDERSTANDING WITH THE CALIFORNIA
COMMITTEE APPRENTICESHIP FIREFIGHTER JOINT
(CAL-JAC) FOR PARTICIPATION IN THE PARAMEDIC
UPGRADE OF THE ACADEMY, AUTHORIZING USE
AMBULANCE SERVICE CONTRACT PENALTY FUNDS IN
AN EXCEED AND $130,000, TO NOT AMOUNT
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS
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 Fire Department is committed to providing high- quality emergency medical services and continually enhancing its advanced life support capabilities through the education and training of its personnel; and WHEREAS, the California Firefighter Joint Apprenticeship Committee (Cal-JAC) administers which a Paramedic Upgrade Academy, provides incumbent firefighter/emergency medical technician (EMT) personnel with the education, clinical training, and field internship necessary to obtain National Registry certification and California paramedic licensure; and
WHEREAS,Upgrade Paramedic Cal-JAC tuition, Academy the provides textbooks, instructional materials, and required licensing and examination fees through grant-funded resources, while participating agencies remain responsible for employee
17.H.
CITY OF HEMET RESOLUTION NO. 2026-139 2
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compensation, staffing accommodations, and operational support during employee participation in the program; and
WHEREAS, the City of Hemet desires to sponsor qualified Fire Department personnel to participate in the Cal-JAC Paramedic Upgrade Academy to increase the number of licensed paramedics serving the community, thereby enhancing the City's emergency medical response capabilities and improving the delivery of advanced life support services; and
WHEREAS, participation in the academy will require the City to incur eligible operational costs, including overtime, backfill staffing, and other personnel-related expenses necessary to maintain emergency response services while participating employees attend the academy; and
WHEREAS, the Riverside Emergency Medical Services Agency (REMSA) has confirmed that Ambulance Service Contract Penalty Funds may be used for eligible costs associated with participation in the Paramedic Upgrade Academy; and WHEREAS, sufficient Ambulance Service Contract Penalty Funds are available to support these eligible expenses in an amount not to exceed One Hundred Thirty Thousand Dollars ($130,000), without impacting the City's General Fund; and WHEREAS, staff recommends the City Council approve a MOU with Cal-JAC for Hemet participation in the Paramedic Upgrade Academy and approve the use of Ambulance Service Contract Penalty Funds to fund the associated operational costs to be incurred.
17.H.
CITY OF HEMET RESOLUTION NO. 2026-139 3
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS. The City Council finds that the recitals set forth above are true and correct and are incorporated herein by this reference.
SECTION 2. APPROVAL. The City Council hereby approves the Memorandum of Understanding with the California Firefighter Joint Apprenticeship Committee (Cal- JAC), substantially in the form presented, with such non-substantive revisions as may be approved by the City Attorney.
SECTION 3. FUNDING. The City Council hereby authorizes the use of available Ambulance Service Contract Penalty Funds in an amount not to exceed One Hundred Thirty Thousand Dollars ($130,000) to support Fire Department personnel participating in Joint Paramedic (Cal-JAC) Committee Apprenticeship the Firefighter California Upgrade Academy, including eligible overtime, backfill staffing, and other eligible program-related operational costs associated with employee participation in the program.
SECTION 4. AUTHORITY. The City Manager, or designee, is authorized to execute certifications, amendments, any and the of Memorandum Understanding agreements, and other documents necessary to implement the Paramedic Upgrade Academy, subject to approval as to form by the City Attorney.
SECTION 5. ADMINISTRATION. The Administrative Services Director, or accounting, designee, is authorized to make all necessary budgetary, and administrative adjustments necessary to implement this Resolution in accordance with applicable City financial policies.
17.H.
CITY OF HEMET RESOLUTION NO. 2026-139 4
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SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
17.H.
CITY OF HEMET RESOLUTION NO. 2026-139 5
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of August, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
17.H.
Week # Date DoW Topic JBL Lesson Hours Time
08/11/26 Tues Welcome / Cadet Manual / Academy Structure/ Adult Learner 8 9am-6pm Async n/a Medical Terminology - CH 7 4 n/a
08/13/26 Thurs Med Term Review/Organization & General Plan of the Body - CH 7 Lesson 1 8 9am-6pm 08/14/26 Fri Central & Peripheral Nervous System - CH 8 Lesson 4 8 9am-6pm Chemistry of Life, Cells/ Tissues/Membranes - CH 8 Lesson 2 Cells, Tissues, and Membranes - CH 8 Lesson 3
Async n/a The Senses - CH 8 Lesson 5 4 n/a
Urinary System & Acid-Base Balance - CH 8 & CH 9 Lesson 6 Cardiovascular System - Blood & Vasculature - CH 8 Lesson 8 08/20/26 Thurs Patient Assessment Baseline, Skills Book & Fisdap 8 9am-6pm Endocrine System - CH 8 Lesson 7
Cardiovascular System - The Heart - CH 8 Lesson 9
Digestive System & Metabolism - CH 8 Lesson 10
Immune System & Microbiology - CH 8 & CH 9 Lesson 11
08/25/26 Tues Medical & Trauma BLS Patient Assessment & BLS Medications 8 9am-6pm Integumentary & Musculoskeletal Systems - CH 8 Lesson 12 Respiratory System - CH 8 Lesson 13
Summary A&P Review
A&P Block Exam
Skills Fisdap Audit 12pm-6pm
Async n/a Life Span Development - CH 10 Lesson 14 4 n/a 08/31/26 Mon Patient Assessment Overview & Scene Assessment/Scene Safety Lesson 23 &24 8 9am-6pm Patient Assessment Techniques & Physical Exam - CH 11 Lesson 25 & 32 History Taking and Differential Diagnosis - CH 11 & CH 12 Lesson 26 Patient Assessment Overview & Scene Assessment/Scene Safety (Hands On Portion Skills with Lecture) Review of BLS CPR for AHA Testing) 8 9am-6pm
A&P Block Exam Retest
09/04/26 Fri Assessment Airway, & Respiratory - CH 16 Lesson 27 8 9am-6pm 09/08/26 Tues Respiratory Emergencies - CH 17 Lesson 28 & 29 8 9am-6pm 09/09/26 Wed Airway Skills Day 1 8 9am-6pm
09/10/26 Thurs Chest & Abdominal Trauma CH 36 & 37 Lesson 34 4 9am-1pm 09/11/26 Fri Airway Skils Day 2 8 9am-6pm
Summary Airway Review
Airway Block Exam
9am-6pm
Thurs
5 6
09/14/26 Mon 8
4 09/01/26 Tues 4 9am-6pm
09/03/26
08/28/26 Fri 8
9am-6pm
08/27/26 Thurs 8 9am-6pm
3 08/24/26 Mon 8 9am-6pm
8/18/2026 Tues 8 9am-6pm
1 2
08/17/26 Mon 8 9am-6pm
08/21/26 Fri 8 9am-6pm
17.H.
Skills Fisdap Audit 12pm-6pm
PHTLS Intro/Assessment / Golden Principles / Shock PHTLS & Lesson 30 & 33 PHTLS - Mechanism/Scene Management/Assessment PHTLS & Lesson 31 and 32 PHTLS Airway/Spinal Trauma PHTLS & Lesson 34 & 36
PHTLS - Musculoskeletal / Burns PHTLS & Lesson 37 & 38
PHTLS Trauma Skills Day 1 8 9am-6pm
Airway Block Exam Retest
PHTLS - Peds/Geriatric Trauma/ Prevention PHTLS & Lesson 39 Tactical Emergency Care - TECC TECC
Tactical Emergency Care - TECC (PHTLS Practice Written Exam) PHTLS TECC 09/22/26 Tues PHTLS Skills Day 2 8 9am-6pm
09/24/26 Thurs PHTLS Skills Testing (PHTLS Written Exam) 8 9am-6pm 09/25/26 Fri Pharmacokinetics & Pharmacodynamics - CH 13 Lesson 41 8 9am-6pm Trauma Review
Trauma Block Exam
Skills Fisdap Audit 12pm-6pm
Medication Administration lecture- CH 14 & 15 Lesson 42 Medication Administration - Hands on in class CH 14 & 15 Lesson 42 Airway & Respiratory Drugs - CH 13 Lesson 43
Cardiac Drugs - CH 13 Lesson 44
Med Math Lesson 42
IVPB /Drips Lesson 42
Skills Medication IV Day 1
Trauma Block Exam Retest
Nervous System Drugs - CH 13
Management of ACS CH 13 & 42
n/a Diabetes & Antiemetics Drugs - CH 13 Obstetrics 13&42 Lesson 47 4 n/a 10/08/26 Thurs Skills Medication IV Day 2 8 9am-6pm
Async n/a Toxicology Drugs & Antidotes - CH 13 Lesson 48 & 57 4 n/a 10/09/26 Fri Skills Medication IV Day 3 (LIVE) 8 9am-6pm Pharmacology Review
Pharmacology Block Exam
Skills Fisdap Audit 12pm-6pm
10/13/26 Tues Midterm Skills Practice Day 1 8 9am-6pm
10/15/26 Thurs Midterm Skills Practice Day 2 8 9am-6pm 10/16/26 Fri Midterm Skills Exam 8 9am-6pm
10 10/12/26 Mon 8
9am-6pm
09/29/26 Tues 8 9am-6pm
9 10/05/26 Mon
10/06/26 Tues
Lesson 45 & 46
8 9am-6pm
10/02/26 Fri 8 9am-6pm
8 9am-6pm
8 09/28/26 Mon 8
9am-6pm
7 09/21/26 Mon 8 9am-6pm
10/01/26 Thurs 8 9am-6pm
09/17/26 Thurs 8 9am-6pm
09/15/26 Tues 8 9am-6pm
6 09/14/26 Mon 8
09/18/26 Fri
17.H.
10/19/26 Mon Midterm Skills Exam Retest (Contingent) 9am-6pm Cardiovascular Emergencies - CH 18 Lesson 49
Intro to Electrophysiology & Sinus Rhythms - CH 18 Lesson 50 10/22/26 Thurs Atrial, Junctional, & Ventricular Rhythms & Heart Blocks - CH 18 Lesson 51 8 9am-6pm Cardiac Skills Day 1 ACLS 8 9am-6pm
Pharmacology Block Exam Retest
ACLS - CH 40 & 41 ACLS & Lesson 53
ACLS Scenarios ACLS
12-Lead ECG Interpretation - CH 18 ACLS, Lesson 52 & ECG Workout Intro to ACLS (12-Lead) Lesson 53
10/29/26 Thurs Cardiac Skills Day and ACLS Skills Testing 8 9am-6pm Cardiac Block Summary review
Cardiology Block Exam
Skills Fisdap Audit 12pm-6pm
Cardiac & Medical Assessment Skills Day 3 8 9am-6pm
Neurologic Emergencies - CH 19 Lesson 54 8 9am-6pm
Async n/a Eyes, Ears, Nose, & Throat Emergencies - CH 20 Lesson 66 4 n/a Async n/a Bites, Stings, & Anaphylaxis - CH 26 & 39 Lesson 55 4 n/a Async n/a Environmental Emergences - CH 39 Lesson 56 4 n/a GI & GU Emergencies - CH 21 & 22
Geriatrics/ Chronic Care & Special Needs - CH 45 & 46
Async n/a Endocrine Emergencies - CH 24 Lesson 60 4 n/a Async n/a Hematologic Emergencies - CH 25 Lesson 61 4 n/a Substance Abuse - CH 28 Lesson 58
Behavioral Emergencies - CH 29 Lesson 53
Medical Assessment Skills Day 1 8 9am-6pm
Cardiology Block Exam Retest
11/09/26 Mon Medical Assessment Skills Day 2 8 9am-6pm Medical Block summary review
Medical Block Exam
Skills Fisdap Audit 12pm-6pm
Obstetrics & Childbirth - CH 23 , 42,43 Lesson 68 & 69 Reproductive System - CH 8 Lesson 67
11/13/26 Fri PALS Part 1 (Lecture) PALS 8 9am-6pm
11/16/26 Mon PALS Part 2 (Skills) + PALS Testing PALS 8 9am-6pm OB / Peds Skills Day 1 8 9am-6pm
15 11/17/26 Tues
14 11/10/26 Tues 8
11/05/26 Thurs 8 9am-6pm
9am-6pm
11/12/26 Thurs 8 9am-6pm
13 11/02/26 Mon
11/03/26 Tues
Lesson 62
8 9am-6pm
10/30/26 Fri 8
9am-6pm
11/06/26 Fri
10/23/26 Fri
12 10/26/26 Mon 8 9am-6pm
11 10/20/26 Tues 8 9am-6pm
10/27/26 Tues 8 9am-6pm
17.H.
Medical Block Exam Retest
OB/Pediatric Block Exam Summary Review
OB/Pediatric Block Exam
Skills Fisdap Audit 12pm-6pm
11/20/2026 Fri OB / Peds Skills Day 2 8 9am-6pm
Crime Scene Awareness / WMD / Transport & Rescue Operations - CH 51 & 53 Lesson 73 & 74 Medicolegal & Ethical Issues - CH 4 Lesson 19
MCI & Haz Mat - CH 48/50/52 Lesson 71 & 72
Wellness & Injury Prevention - CH 2 & Public Health - CH 3 Lesson 17 CPE Practice Day 1 8 9am-6pm
OB / Peds Block Exam Retest
Async n/a Culture of Safety & Crew Resource Management - CH 1 EMS Systems, Roles, and Responsabilities - CH 1 Lesson 15, 16, & 18 4 n/a
Communications - CH 5 Lesson 21
Documentation - CH Lesson 22
12/7/2026 Mon CPE Practice Day 2 8 9am-6pm
Operations Summary Review
Operations Block Exam
Skills Fisdap Audit 12pm-6pm
12/10/2026 Thurs CPE Practice Day 3 8 9am-6pm
12/11/2026 Fri CPE Testing 8 9am-6pm
CPE Retest Day (contingent) 9am-6pm
Operations Block Exam Retest
12/15/2026 Tues Final Written Exam Review 8 9am-6pm
Final Written Exam 9am-6pm
Skills Fisdap Audit 12pm-6pm
12/18/2026 Fri Final Written Exam Remediation
19 12/21/2026 Mon Final Written Exam Retest
TBD TBD Protocols 8 9am-6pm
TBD TBD Into to Clinicals 4 9am-1pm
TBD TBD Grand Rounds 8 9am-6pm
TBD TBD SBP Practice Day 1 8 9am-6pm
TBD TBD SBP Practice Day 2 8 9am-6pm
TBD TBD SBP Testing Day 8 9am-6pm
TBD TBD SBP Retest Day 8 9am-6pm
18 12/14/2026 Mon
12/17/2026 Thurs 8
17 12/8/2026 Tues 8
9am-6pm
12/4/2026 Fri 8 9am-6pm
12/1/2026 Tues 8 9am-6pm
12/3/2026 Thurs
THANKSGIVING BREAK
16 11/30/2026 Mon 8 9am-6pm
15 11/17/26 Tues
11/19/2026 Thurs
8 9am-6pm
17.H.
TBD TBD Intro to Field 4 9am-1pm
TOTAL HOURS 644
KEY
Block Exam
Block Exam Retest / Remediation
Skills Days
Skills Fisdap Audit
Days that Deviate from the Mon, Tues, Fri, Sat schedule
17.H.
Memorandum of Understanding
Between
California Firefighter Joint Apprenticeship Committee
And
Hemet Fire Department
Paramedic Upgrade Academy Participation
This Memorandum of Understanding (“MOU”) is entered into between the California Firefighter Joint Apprenticeship Committee (“Cal-JAC”) and Hemet Fire Department (“Department”) for participation in the Cal-JAC Paramedic Upgrade Academy.
The purpose of this agreement is to establish a collaborative partnership supporting the education and licensure of incumbent fire service personnel currently certified as Emergency Medical Technicians (EMTs) through enrollment in the Cal-JAC Paramedic Academy.
This program is intended to expand the number of licensed paramedics within the California fire service by providing grant-funded educational opportunities to incumbent personnel.
Cal-JAC Responsibilities:
The Cal-JAC will provide and administer a paramedic education program that delivers didactic, laboratory, clinical, and field internship instruction in accordance with California Title 22 Regulations and the Commission on Accreditation of Allied Health Education Programs (CAAHEP) Standards, as overseen by the Committee on Accreditation of Educational Programs for the Emergency Medical Services Professions (CoAEMSP). The Cal-JAC will provide the paramedic education, instruction, and program oversight necessary for student completion and eligibility for National Registry and California paramedic licensure.
Additionally, the Cal-JAC will coordinate clinical placements and oversee the field internship experience, as outlined in the Department Responsibilities section below. The Cal-JAC further agrees to maintain responsibility for solidifying affiliation agreements (where required) and provide instructional staff, curriculum oversight, testing coordination, student academic support services, and an orientation for the department’s field preceptors.
Through available grant funding, the Cal-JAC will cover approved tuition, textbooks, course materials (including those for PHTLS, ACLS, and PALS), as well as required background checks, drug screens, testing and licensing fees. The Cal-JAC will maintain program policies and procedures related to student conduct, attendance, remediation, safety, and clinical participation. The Cal-JAC will communicate student progress concerns, disciplinary issues, or significant performance deficiencies to the designated Department Liaison as appropriate.
Cal-JAC reserves the right to remove students from the program for academic, professional, clinical, attendance, or disciplinary deficiencies in accordance with program policies. The Cal- JAC will also maintain general liability and professional liability insurance coverage associated with program operations.
17.H.
Department Responsibilities:
The Department agrees to identify and sponsor qualified incumbent personnel for participation in the Cal-JAC Academy by supporting student attendance through appropriate scheduling accommodations, release time, backfill, or shift coverage as needed. The Department acknowledges that participation in remediation, coaching, additional clinical experiences, or other corrective actions may be required for students who do not meet program benchmarks.
The Department will designate a liaison to coordinate communications with the Cal-JAC regarding scheduling, student progress, clinical and field internships, and overall program logistics.
The Department further agrees to host the field internship experience for all sponsored students within 90-days of their clinical completion. The Department will provide qualified field preceptors and ensure they complete the required orientation and training established by the Cal-JAC. Additionally, the Department will maintain Workers’ Compensation coverage for participating employees while functioning within the course and scope of their employment. The Department will also encourage participating personnel to maintain professional conduct and comply with all academy requirements and policies. The Department agrees to notify the Cal- JAC promptly of any employment status changes, disciplinary matters, or issues that may affect a participant’s ability to continue in the academy. Lastly, the Department agrees to assist in identifying potential lecturers, skills instructors, or other subject matter experts from within the Department to ensure the academy has adequate staffing to run all required didactic and skills operations.
Yvonne de la Pena
Signature Print Name Date
California Firefighter Joint Apprenticeship Committee
DAS File #16508
Signature Print Name Date
Fire Chief
Sigggggggggggggggggnananananaaanananaaaaanaananaaanaanannaaanaananaaaannaanaaannnaananannnnnanannnnnnnnnnnnnnnnnnnnnnannnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn ture
17.H.
Attachment A
Department Participation Guide & Checklist
17.H.
MEMORANDUMOFUNDERSTANDING(MOU)FORJOINTMONITORINGOFEMERGENCYAMBULANCESERVICES 05~60?)
ThisMOUisenteredintopursuanttoScheduleE-IintheAgreementfor“ALSExclusiveOperatingAreas— AmericanMedicalResponseMasterContract”(hereafterreferredtoas“theContract”).TheCityofHemetherbyknownas“City”,andtheCountyofRiverside,actingthroughitsEmergencyMedicalServices(EMS)Agency,doenterintothisAgreementwithreferencetothefollowingfacts:
A.Theparticipantsagreetoconsultonissuesregardingproviderperformance,changesorcancellationofthecontractwiththeprovideranddistributionofperformancepenaltymoniesreceivedundertheperformancebasedcontractandotherdecisionsrelatedtoadministrationoftheContract.
ByenteringintothisMOU,theparticipantsdonotwaiveorotherwiserelinquishanylegalrightsorobligationsastheymayhaveunderlaw.
Nowthereforetheparticipantsagreeasfollows:
1. [QU!
TheEMSAgencywillprovidestaffforday-to-daymanagementandadministrationoftheContractwithregularreportingofperformancetotheEMSAdministrativeGroupasdescribedin#2below.
EachparticipatingagencywilldesignateanindividualtoserveonanEMSAdministrativeGroupthatwillmutuallyreviewperfomiancereports,monitorcontractcomplianceanddetermineuseandallocationofperformancepenaltymoniesreceivedfromtheprovideraswellasotherdutiesmutuallyagreedto,onbehalfofthecity.TheindividualwillbetheCityManagerordesigneefromeachcity,theRiversideCountyFireChiefordesigneefromtheunincorporatedareas,andtheEMSAgencyDirectorordesignee.
ThetermofthisagreementshallbeginApril1,2004andrunthroughJune30,2009,orthroughoutthetermoftheContractifextendedwiththeemergencyambulanceprovider.
ThereshallbenoassessmenttotheCityforthecostsofadministeringtheContractorthisMOU.
PerformancestandardswillbeasspecifiedintheContractbetweenRiversideCountyandtheemergencyambulanceprovider,orasotherwisemodifiedfromtimetotime.
Citymayrequestmodi?edservicesasprovidedbytheContract,subjecttonegotiatedcostsorsavings,andEMSAgencyapproval.
17.H.
MOUPage2of2
10. 11.
CitywillinvoicetheCountyofRiversideEMSAgencyannuallyforpaymentofpenalties.
AllmoniescollectedbyCityundertermsofthisMOUwillbeusedonlyforEMSsystemenhancements.
AmbulancerateswillbesetinaccordancewithCountyandCommunityHealthAgency(CHA)policywithinputfromtheinvolvedcities.
Allnotices,statements,demands,requests,consents,approvals,authorizations,agreements,appointmentsordesignationshereundershallbegiveninwritingandaddressedtoeachpartyintheMOU.
TheparticipantsagreetocooperateincarryingoutthepurposedandintentofthisMOUandtoexecute,acknowledgeanddeliveralladditionalagreements,instrumentsorotherwritingsreasonablynecessarytocarryoutthisMOU.Nopartyhereto,however,shallbecompelledtosurrenderitsdiscretionarypowersofapprovalascontemplatedinthisMOUbyvirtueofthiscovenant Jcei-Tcewte:Name
C:\-\»C\\J\Loik,1
Title
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CountyofRiverside
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17.H.
Mailing Address: 450 E. Alessandro Blvd • ATTN: REMSA • Riverside, CA 92508 Phone: (951) 358-5029 • Fax: (951) 306-3784 • www. https://rivcoready.org/remsa
January 28, 2025
City of Hemet
Accounts Receivable
445 East Florida Avenue
Hemet, CA 92543-4209
Attn: Tiffany Barnett
Re: 2024-25 AMR System Enhancement Fee Distribution - Annual Report
Dear EMS Stakeholder,
Enclosed, you will find the 2024-25 AMR System Enhancement Fee Distribution Annual Report. Your distribution amount of $90,037.28 is either enclosed in this mailing, or your finance department has received an electronic deposit.
Each month, the EMS Agency assesses late response fees to American Medical Response in accordance with the AMR Ambulance Agreement #15-097*. These system enhancement fees are then distributed annually to the cities or zones within the EMS System. The payment amount for distribution is directly proportional to the percentage of late responses within each city or zone.
In accordance with the MOU for Joint Monitoring of Ambulance Services, §8:
“All monies collected by City under terms of this MOU will be used only for EMS System enhancements. Fine money expenditures by the City for EMS system enhancements will be reported to the EMS Agency annually.”
Please submit a brief report for review by the EMS Administrator detailing how the distribution will be used and how it is intended to improve the EMS system. The report must be received no later than Friday, March 27, 2026.
Failure to submit the report by this deadline will result in a hold being placed on all future distributions, including the withholding of next year’s distribution.
If you have any questions or concerns regarding the 2024-25 AMR System Enhancement Fee Distribution or questions regarding your enhancement report requirement, please feel free to reach out to Anita Newland at (951) 358-5029 or [email protected], and your inquiries will be forwarded and addressed by the appropriate subject matter expert.
Sincerely,
Michael Moore, Paramedic
EMS Administrator
Riverside County EMS Agency
Enclosures
*The AMR Ambulance Agreement #15-097 can be found at: https://rivcoready.org/remsa/documents
17.H.
Zone Total Non-exempt Late Calls
Distribution
%
Distribution Amount
Central $139,608.98 2721 Zone Total:
Moreno Valley 1588 $81,477.05 58.4%
Perris 827 $42,431.69 30.4%
Riverside County Fire 306 $15,700.24 11.2%
Northwest 1884 Zone Total: $79,864.09
Corona 831 $35,226.68 44.1%
Norco 130 $5,510.79 6.9%
Eastvale 306 $12,971.56 16.2%
Jurupa Valley 592 $25,095.30 31.4%
Riverside County Fire 25 $1,059.77 1.3%
2138 Zone Total: San Jacinto $116,033.57
1659 Hemet $90,037.28 77.6%
364 San Jacinto $19,755.01 17.0%
Riverside County Fire 108 $5,861.38 5.1%
Soboba 7 $379.90 0.3%
Southwest 3819 Zone Total: $131,867.92
Temecula 765 $26,415.02 20.0%
Murrieta 851 $29,384.55 22.3%
Lake Elsinore 599 $20,683.13 15.7%
Canyon Lake 88 $3,038.59 2.3%
Menifee 847 $29,246.43 22.2%
Wildomar 305 $10,531.48 8.0%
Riverside County Fire 361 $12,465.13 9.5%
3 Pechanga $103.59 0.1%
Desert 2408 Zone Total: $131,641.89
Palm Springs 813 $44,445.54 33.8%
Desert Hot Springs 496 $27,115.60 20.6%
Coachella 263 $14,377.83 10.9%
La Quinta 428 $23,398.14 17.8%
Riverside County Fire 408 $22,304.77 16.9%
Pass 951 Zone Total: $37,447.16
104 Calimesa $4,095.17 10.9%
375 Beaumont $14,766.23 39.4%
402 Banning $15,829.40 42.3%
Riverside County Fire 57 $2,244.47 6.0%
Morongo 13 $511.90 1.4%
Zone Total: Palo Verde 96 $27,618.60
Riverside County Fire 96 $27,618.60 100.0%
Mountain 83 Zone Total: $6,751.27
Riverside County Fire 83 $6,751.27 100.0%
Total Amount for 14,100 $670,833.47
American Medical Response System Enhancement Fee
Distribution: FY24-25 (July 2024 - June 2025)
Deducting Handtevy
*Riverside City has its own agreement with AMR and receives direct distribution.
Therefore, distribution for the Northwest zone is calculated after the calculated Riverside City fees are * Handtevy cost has been deducted from the total fee for all the city * Total Compliance fee: $774,742.05; Calculated Riverside City fees: $51,336.95; Handtevy Cost: $52,571.63
17.H.
17.H.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Aug 11 2026
Department: Human Resources
Submitted by: Noah Rau, Interim City Manager
Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the Hemet Fire Fighters Association (HFFA)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2026-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING (MOU) WITH THE HEMET FIRE FIGHTERS ASSOCIATION (HFFA)
EXECUTIVE SUMMARY:
Staff is recommending approval of a successor HFFA MOU for the one-year term of July 1, 2026 through June 30, 2027.
BACKGROUND/ANALYSIS:
The City recognizes that its employees are one of its most valuable resources and that supporting them with dignity, respect, and fairness is essential to achieving the goals outlined in the City's Strategic Plan. Following negotiations, the City and the Hemet Fire Fighters Association (HFFA), representing Firefighter/Paramedics, Fire Engineers, Fire Captains, and Fire Prevention Officers, reached a Tentative Agreement which was subsequently ratified by HFFA on August 6, 2026. The proposed one-year Memorandum of Understanding (MOU), effective July 1, 2026, through June 30, 2027, updates the existing agreement to address operational needs, employee benefits, and regulatory compliance while maintaining the majority of the current terms and conditions of employment.
17.I.
DISCUSSION:
of Memorandum the Council, City the attached granted authority the with accordance ln by Understanding (Attachment No. 2) is presented for consideration. The summarized changes to the MOU are as follows:
Term: One-year agreement - Effective July 1, 2026, through June 30, 2027.
Article II, Section 3: Management Rights - language added:
o During the term of this agreement, the City specifically agrees that it will not contract out any fire suppression services.
Article IV: Benefits - section revised:
o City contributions to medical benefits have been increased.
Article V, Section 2: Salaries and Incentive Pay - language added:
o Excluding the Battalion Chiefs, if any other group of represented employees at the City negotiates and receives any economic increase to wages or benefits for the period of July 1, 2026 through June 30, 2027, HFFA will receive a comparable economic increase. This provision automatically expires June 30, 2027, at the conclusion of the one-year contract.
Article V, Section 9: Salaries and Incentive Pay - language added:
o Accreditation has been expanded to include additional organizations.
Article VI, Section 1, ii: Tuition Reimbursement - language added:
o Accreditation has been expanded to include additional organizations.
Article X: Holidays - section revised:
o Holidays have been defined to comply with CalPERS requirements.
Article XIII: Staffing - section revised:
o Minimum staffing requirements increased from seven (7) to fifteen (15) unit employees on duty.
General language cleanup throughout the MOU document.
In addition to the items above, general administrative and clarifying revisions have been made throughout the document, with all other provisions of the MOU remaining unchanged.
PREVIOUS COUNCIL ACTION:
City Council previously adopted the 2024-2026 MOU on July 8, 2024.
17.I.
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 funding associated with this MOU has already been established in the Fiscal Year 2026-27 Operating Budget. No additional appropriations are needed.
ALTERNATIVE(S):
1. City Council may choose not approve the MOU as presented.
2. Provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachment 1 - Reso. No. 2026-128_Approving a Memorandum of Understanding with the Hemet Fire Fighters Association
Attachment 2 - Hemet-HFFA MOU 2026-27- Redlined
17.I.
CITY OF HEMET RESOLUTION NO. 2026-128 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING (MOU) WITH THE HEMET FIRE
FIGHTERS ASSOCIATION (HFFA)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, one of the City’s Values under the Strategic plan states that the City believes that the employees of the City are an important resource, and through them, our mission and vision will be accomplished. The City will support employees with dignity, respect and fairness; and
WHEREAS, the City and HFFA have engaged in successor MOU negotiations to review and update terms and conditions of employment of unit members; and WHEREAS, the current MOU dated July 8, 2025, covers July 1, 2024 through June 30, 2026; and
WHEREAS, the City and HFFA have reached an agreement which has been ratified on August 6, 2026; and
WHEREAS in accordance with the authority granted by the City Council, the attached Memorandum of Understanding is presented for consideration. The details of changes to the MOU are as follows:
17.I.
CITY OF HEMET RESOLUTION NO. 2026-128 2
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Term: One-year agreement - Effective July 1, 2026, through June 30, 2027.
Article II, Section 3: Management Rights - language added:
During the term of this agreement, the City specifically agrees that it will not contract out any fire suppression services.
Article IV: Benefits - section revised:
City contributions to medical benefits have been increased.
Article V, Section 2: Salaries and Incentive Pay - language added:
Excluding the Battalion Chiefs unit, if any other group of represented employees at the City negotiates and receives any economic increase to wages or benefits for the period of July 1, 2026 through June 30, 2027, HFFA will receive a comparable economic increase. This provision automatically expires June 30, 2027, at the conclusion of the one-year contract extension.
Article V, Section 9: Salaries and Incentive Pay - language added:
Accreditation has been expanded to include additional organizations.
Article VI, Section 1, ii: Tuition Reimbursement - language added:
Accreditation has been expanded to include additional organizations.
Article X: Holidays - section revised:
Holidays have been defined to comply with CalPERS requirements.
Article XIII: Staffing - section revised:
Minimum staffing requirements increased from seven (7) to fifteen (15) unit employees on duty.
General language cleanup throughout the MOU document; and
17.I.
CITY OF HEMET RESOLUTION NO. 2026-128 3
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WHEREAS, the Council desires to authorize the City Manager to execute the attached Memorandum of Understanding (MOU) between the City and the Hemet Fire Fighters Association (HFFA) for the one-year period of July 1, 2026, through June 30, 2027.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Authorize the City Manager to execute the attached Memorandum of Understanding (MOU) between the City and the Hemet Fire Fighters Association (HFFA) for the one-year period of July 1, 2026, through June 30, 2027.
SECTION 2.All other terms and conditions of employment shall remain unchanged during the term of this agreement.
SECTION 3. This Resolution shall become effective on August 11, 2026.
17.I.
CITY OF HEMET RESOLUTION NO. 2026-128 4
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PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
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CITY OF HEMET RESOLUTION NO. 2026-128 5
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of August, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
17.I.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF HEMET AND
HEMET CITY FIRE FIGHTERS LOCAL NO. 2342
TABLE OF CONTENTS
Page
-i-
13446921.5 HE040-032
ARTICLE I - RECOGNITION ...................................................................................................... 1 ARTICLE II - MANAGEMENT RIGHTS ................................................................................... 1 ARTICLE III - NONDISCRIMINATION .................................................................................... 2 ARTICLE IV - BENEFITS ........................................................................................................... 2 ARTICLE V - SALARIES AND INCENTIVE PAY ................................................................... 4 ARTICLE VI - TUITION REIMBURSEMENT PROGRAM .................................................. 911 ARTICLE VII - HOURS AND WORK SCHEDULE ............................................................ 1012 ARTICLE VIII - LEAVES ...................................................................................................... 1113 ARTICLE IX - VACATIONS ................................................................................................. 1315 ARTICLE X - HOLIDAYS ..................................................................................................... 1416 ARTICLE XI - MISCELLANEOUS ....................................................................................... 1516 ARTICLE XII - LAYOFF PROCEDURE .............................................................................. 1617 ARTICLE XIII - STAFFING .................................................................................................. 1718 ARTICLE XIV - RETIREMENT ............................................................................................ 1719 ARTICLE XV - DISCIPLINE AND DISCHARGE RULES AND REGULATIONS ........... 2223 ARTICLE XVI - HAZARDOUS MATERIALS RESPONSE TEAM ................................... 2324 ARTICLE XVII - GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE ........... 2325 ARTICLE XVIII - COMPLETION OF MEET AND CONFER ............................................ 2627 ARTICLE XIX - – JOB DESCRIPTIONS .............................................................................. 2628 ARTICLE XX - SAVINGS CLAUSE ..................................................................................... 2729
17.I.
1 13446921.5 HE040-032
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF HEMET AND
HEMET CITY FIRE FIGHTERS LOCAL NO. 2342
This Memorandum of Understanding (hereinafter “MOU”) is entered into between the City of Hemet (hereinafter “City”) and the Hemet City Fire Fighters Local No. 2342 (hereinafter “Union”), pursuant to the provisions of the Meyers -Milias-Brown Act . This MOU shall be effective from July 1, 20246 through June 30, 20267. This MOU shall continue in effect year by year unless one of the parties notifies the other in writing no later than one hundred twenty (120) days prior to the expiration of the MOU, of its request to modify, amend, or terminate this MOU .
If the City or Union wishes to modify wages, hours or other terms and conditions of employment in a successor MOU, it shall serve upon the other party a written notice containing proposals no later than one hundred twenty ( 120) days prior to the expiration of the MOU . The City and the Union shall begin the meet and confer process within ten (10) days thereafter . The City and the Union shall then establish a schedule of regular meet and confer sessions, in the effort to negotiate a successor MOU prior to the expiration of the MOU.
ARTICLE I -RECOGNITION
1. The City hereby reaffirms its recognition of the Hemet City Fire Fighters Local No. 2342, in conformance with Ordinance No. 682, as the exclusive representative of all fire department employees within the classifications of fire captain, fire engineer, fir e fighter, and fire prevention officer.
2. Nothing in the above shall be construed as requiring an employee to join the recognized union nor to maintain their membership in the recognized union as a condition of employment.
ARTICLE II -MANAGEMENT RIGHTS
1. It is understood and agreed that the City retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to:
Determine its organization; direct the work of its employees; assign related work not expressly covered by job description; determine the times and hours of operation; determine normal working hours and to schedule shifts accordingly; determine the kinds of services to be provided and the methods and means of providing them; establish its municipal policies, goals and objectives; make technological improvements; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of City budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work in accordance with law; and to take any action necessary to meet conditions of any emergency nature, provided that the Unio n shall be afforded the
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2 13446921.5 HE040-032
opportunity to meet and confer concerning this MOU . In addition, the City retains the right to hire, classify, assign, evaluate, promote, terminate, transfer, and discipline employees.
2. The City Manager may lay off a unit member or unit members because of shortage of work, lack of funds, material change in duties or organization, or for other valid reasons as determined by the City Manager . The City shall not be required to meet and confer with the Union over decisions to layoff unit members, the timing of such layoffs or the number of employees to be laid off. Layoffs shall be implemented in accordance with the terms of the City’s Personnel Rules and Article XII.
3. If the City decides to contract out work during the term of this MOU, such decisions shall be subject to the City’s obligations, if any, to meet and confer over the decisions or the effects of such decisions. During the term of this Aagreement, the City specifically agrees that it will not contract out any fire suppression services.
4. The exercise of the foregoing powers, rights, authority, duties and responsibilities by City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limite d only by the specific and express terms of this MOU, and then only to the extent such specific and express terms are in conformance with law.
ARTICLE III -NONDISCRIMINATION
1. The provisions of this MOU shall apply to all persons covered by this MOU without discrimination on account of sex, age, race, color, national origin, or creed; nor will there be discrimination in respect to hiring and retention or any condition of employment because of membership in or activities on behalf of the Union.
2. The Union has no restrictions on membership based on sex, age, color, race, national origin or creed.
ARTICLE IV -BENEFITS
1. Health Insurance:
A. The City will continue to provide health insurance available to all full-time employees and their dependents. The employees shall have a choice of the HMO or PPO plans offered by the City . The City will also continue to provide a fully -paid Dental and Vision Plan provided that employees comply with the applicable provider rules, such as open enrollment, etc. The City shall make the following monthly contributions towards employees’ medical insurance premiums:
KAISER LOW Beginning Plan Year
20254/20265
Beginning Plan Year
20256/20267
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3 13446921.5 HE040-032
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid $637
Dollar Amount
Equivalent to 100%
Employer-Paid
$706.20
Employee +1 $1,150.00$1,115.00 $$1,150.001,175.09
Employee +2 or more $1,645.00$1,595.00 $$1,645.001,681.51
KAISER HIGH Plan Year
20254/20265
Plan Year
20265/20276
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid $736
Dollar Amount
Equivalent to 100%
Employer-Paid
$816.35
Employee +1 $1,150.00$1,115.00 $$1,150.001,179.03
Employee +2 or more $1,720.00$1,670.00 $$1,720.001,761.09
• Same amounts as above shall be used for Aetna Basic (Kaiser Low) and Aetna Enhanced (Kaiser High)
i. The cap shall be referred to as the City’s maximum liability . In the event the total cost of coverage selected by the employee in any specific month exceeds the maximum amount provided above, the employee shall be responsible for the excess per month for the medical premium . City is hereby authorized to make automatic payroll deductions for any employee contributions which may be required.
ii. There will be no further increases to the medical insurance premiums paid by the City beyond 20256/20267, unless and until subsequently negotiated by the parties.
2. Vision Benefit:
A. The maximum vision benefit per family per calendar year shall be five hundred dollars ($500.00).
B. No vision benefit shall be payable for replacement of existing lenses more than twice per year per individual.
C. No vision benefit shall be payable for replacement of frames more than once per year, per individual.
D. No vision benefit shall be payable for lenses which are not prescription lenses.
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4 13446921.5 HE040-032
E. The limitation on the tinting of prescription lenses is deleted.
F. The vision benefit may be used for laser eye surgery.
3. Uniform Allowance: TEffective the first day of the first pay period after July 1, 2017, the City shall contribute on behalf of all employees $ 1,345.00 per calendar year toward uniforms required by Department Rules and Regulations to be worn during duty hours .
Such sum shall include a “Class A” uniform to be provided by each employee. The uniform allowance shall be payable in equal amounts of $51.73 per biweekly pay period.
4. Sick Leave Distribution : Except as otherwise provided by state law with respect to job connected disability retirement, the City agrees to provide all employees within the unit, to the extent legally permitted, the following payoff provisions for accumulated sick leave upon retirement or disability to the employee’s choice of their MERP, 457(b), and/or 401(a) account(s), but not in cash, at their final rate of pay; or upon death of the employee while employed by the City, said accumulated sick leave shall be paid to the beneficiary as designated by the employee:
A. Twenty-five percent (25%) of all accumulated sick leave after five (5) years of service with the City; payoff shall be prorated upon the last five (5) years of service; B. Fifty percent (50%) of all accumulated sick leave after ten (10) years of service with the City; payoff shall be prorated upon the last five (5) years of service; C. Seventy-five percent (75%) of all accumulated sick leave after twenty (20) years of service with the City; payoff shall be prorated upon the last five (5) years of service.
5. Long Term Disability: The City will contribute thirty-five dollars ($35) per unit member each month towards Association-purchased long-term disability insurance.
6. Damaged or Lost Clothing : An employee shall, in proper cases, be reimbursed for the repair or replacement of personal property damaged in the line of duty without fault of the employee. The amount of reimbursement for each article of personal property shall be the depreciated value based on its age and condition.
7. Life Insurance : City shall provide to each employee a one hundred thousand dollar ($100,000) term life insurance policy. Each employee may increase, at their own cost, the limit of their subject life insurance policy by an amount not to exceed an additional $50,000 in coverage, provided arrangements can be made with the insurance carrier.
ARTICLE V - SALARIES AND INCENTIVE PAY
A. Salary Increases:
A. A. COLA and Market Equity Adjustment . There is no COLA or market equity adjustment provided during the term of this Aagreement, except as may be applicable pursuant to Section 2, below.Effective the first full pay period after July 1, 2024, t he City shall ensure that all bargaining unit employees are
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5 13446921.5 HE040-032
minimally compensated (total comp includes Bachelor’s degree pay, state fire officer pay, state chief fire officer pay, paramedic pay, *longevity equivalent of 20 years, uniform allowance, bilingual pay, medical/dental/vision, and deferred comp./MERP) at one hundred five percent (105%) of the market mean based upon the most recently -conducted classification an d compensation analysis benchmarked at January 1, 2024. (*The Longevity equivalent of twenty (20) years shall be at twelve thousand six hundred dollars ($12,600) per year, equivalent to a four thousand two hundred dollar ($4,200) credit for each bargaining unit member.) The resulting market equity adjustments by classification shall be fourteen and seven tenths percent (14.7%) for Fire Captains, eighteen and nine tenths percent (18.9%) for Fire Engineers, three and four tenths percent (3.4%) for Fire Prevention Officers, and seventeen and nine tenths percent (17.9%) for Firefighter/Paramedics.
2. Cost of Living Adjustment (“COLA”). Effective the first full pay period after July 1, 2025, all classifications covered by this MOU will receive a three percent (3%) Cost of Living Adjustment. The City commits to HFFA that any compensation or benefit increase, of whatever type, character or form, provided to members of any other bargaining unit, except for increases provided to Battalion Chiefs as part of their initial MOU , shall be similarly provided to members of HFFA. If the compensation or benefit increase (s) provided to members of any of one or more of those bargaining units are in a form not generally applicable to members of HFFA, then the parties shall meet and confer over the association-wide per member value of that benefit(s) and the manner in which HFFA shall receive an applicable increase in compensation or benefits of a similar per member value.
For example, if HPOA were to receive a POST Certificate pay increase of 3% that roughly 50% of HPOA members qualified to receive, then the association-wide per member value is 1.5% (i.e., 50% of 3%) and the City and HFFA shall meet and confer to determine the appropriate increase in compensation or benefits to be provided to HFFA members that costs roughly 1.5% for the HFFA bargaining unit. This provision shall sunset on June 30, 2027, at 11:59 p.m.
3. Employees who obtain and maintain Hemet Fire Department certification to work in a higher job classification shall receive an additional two (2%) percent on their salary, except during an acting appointment . Employees who take and successfully complete the most recent promotional examination for a higher job classification shall be deemed certified to work in such higher classification.
4. Firefighter/ Paramedic Trainee: While attending a City-sponsored basic Firefighter training academy, hold shall experience firefighting employees prior no with the sworn classification of Firefighter/ Paramedic Trainee. That classification is a non -safety, full- time position. Incumbents shall be paid seventy five percent (75%) of the Step A rate for the Firefighter classification. Incumbents shall also be eligible to receive five percent (5%) for possession of a current California Paramedic License or a National Registry Paramedic (NRP) Certification and City mont hly contribution towards insurance b enefits for the employee and eligible dependents. Employees in this classification shall receive no other compensation or benefits under the MOU. Upon appointment as a Firefighter/ Paramedic, the employee shall be placed at Step A, and receive all compensa tion and benefits under
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the MOU to which they are entitled, including the fifteen percent (15%) paramedic stipend.
The employee' s new anniversary date shall be the date of appointment as a Firefighter/ Paramedic. Upon appointment as a Firefighter/ Paramedic the employee shall begin a new 12 -month probationary period.
5. Longevity Stipend:
A. All unit members with ten (10) or more years of experience as a sworn fire fighter for the City of Hemet shall be paid a monthly stipend of two hundred fifty dollars ($250).
The unit member is responsible for notifying the Department in writing when they achieve ten (10) years of applicable service. Retroactive pay will be limited to one month prior to the notification to the Department.
B. All unit members with fifteen (15) or more years of experience as a sworn fire fighter for the City of Hemet shall be paid a monthly stipend of seven hundred dollars ($700).
The unit member is responsible for notifying the Department in writing when they achieve fifteen (15) years of applicable service. Retroactive pay will be limited to one month prior to the notification to the Department.
C. All unit members with twenty-five (25) or more years of experience as a sworn fire fighter for the City of Hemet shall be paid a monthly stipend of one thousand four hundred dollars ($1,400). The unit member is responsible for notifying the Department in writing when they achieve twenty-five (25) years of applicable service. Retroactive pay will be limited to one month prior to the notification to the Department.
6. Paramedic Stipend : An employee in the classification of fire fighter who maintains all licenses, accreditations, and certifications necessary to perform the duties of paramedic for Hemet Fire Department shall receive a stipend equal to fifteen percent (15%) of base salary.
Employees in the classification of engineer or fire captain who maintain all licenses, accreditations, and certifications necessary to perform the duties of a paramedic for the Hemet Fire Department shall receive a stipend equal to five percent (5%) of base salary.
The Fire Chief, in their sole discretion, may designate in writing an engineer or fire captain as serving as a temporary primary paramedic. When the Fire Chief so designates, that engineer or fire captain will be eligible for the fifteen percent (15%) paramedic stipend and not the five percent (5%) paramedic stipend. The Fire Chief, in their sole discretion, may remove the primary paramedic designation, and that engineer or fire captain will be eligible only for the five percent (5%) paramedic stipend.
The parties agree that to the extent permitted by law, the compensation for paramedic premium pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) - Educational Pay.
7. Certificate in Fire Science Incentive: The City shall pay one hundred dollars ($100.00) per month to those sworn employees who hold, or hereafter obtain, a Certificate in Fire Science from an accredited institution or who have completed 24 accumulated units toward a fire science certificate. Any unit member hired after July 1, 2017 will not be eligible for this incentive.
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8. Associates Degree Incentive : City will pay an additional one hundred dollars ($100.00) for a maximum of two hundred dollars ($200.00) per month to those sworn employees who hold, or hereafter obtain, an Associate’s degree or higher in a course of study which may be beneficial to the City. Any unit member hired after July 1, 2017 will not be eligible for this incentive.
9. Education Incentive: Sworn Employees will be provided with an education incentive, as discussed below. The parties agree that to the extent permitted by law, the compensation discussed below is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) – Educational Pay. To qualify for the Education Incentive, the sworn employee must have earned their degree from an institution of higher education fully accredited by Western Association of Schools and Colleges (“WASC”) or a California community college fully accredited by the Accrediting Commission of Community and Junior Colleges (“ACCJC”) or an equivalent regional accrediting organization, i.e., Middle States Commission on Higher Education (“MSCHE”), New England Commission of Higher (“HLC”), Commission Learning Southern (“NECHE”), Education Higher Association of Colleges and Schools Commiss ion on Colleges (“SACSCOC”) and Northwest Commission on Colleges and Universities (“NWCCU”) . Any employee who earned a qualifying degree at a n non-non-WASC or non-ACCJC accredited institution or who was enrolled in such college or university prior to July 31, 2024, shall be deemed a “legacy beneficiary” and qualifies for the continued receipt of the benefits, below.
A. The following certificate incentives will be provided to unit members:
i. The City will pay three percent ( 3.0%) of base salary to those sworn personnel presently holding or hereafter obtaining a Bachelor's Degree. ii. The City will pay an additional five percent (5.0%) of base salary to those sworn personnel presently holding or hereafter obtaining a Master's Degree or a National Fire Academy, Executive Fire Officer Certification. iii. The City will pay a maximum amount of eight percent (8.0%) of base salary to those sworn personnel holding or hereby obtaining both a Bachelor's Degree and either a Master's Degree or a National Fire Academy, Executive Fire Officer Certification.
10. State Fire Marshal Certificate Incentive : The City shall pay to each unit employee fifty dollars ($50.00) per month for each qualifying California State Fire Marshall Certificate, up to a maximum of two certificates or one hundred dollars ($100.00) per month . The California State Fire Marshall Certificates that qualify for this benefit are those that are part of the requirements for the Fire Company Officer Certificate. Any unit member hired after July 1, 2017 will not be eligible for this incentive.
The parties agree that to the extent permitted by law, the compensation discussed above is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) – Educational Pay.
11. Bilingual Certification and Compensation:
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A. Compensation: Unit members certified by the department as bilingual in Spanish or American Sign Language, the City will pay two hundred fifty-five dollars ($255) per month, commencing on the first day of the first pay period following their certification.
The parties agree that to the extent permitted by law, the compensation for bilingual pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) – Special Assignment Pay.
B. Certification: The certification process will be administered through a third party neutral service contracted by the City to conduct bilingual certification (currently Alta Language Services).
Employees wishing to be certified as bilingual must make a written request to the City’s Human Resources Manager. Upon such written request, the Human Resources Manager will consult with the Fire Chief to determine the need for bilingual services, and if the City determines that such services are needed, the Human Resources Division will schedule a telephone and/or in -person bilingual examination with a bilingual certification representative and the employee.
The Human Resources Division will administer requested bilingual examinations as soon as practicable, but on no less than a quarterly basis.
The bilingual examination will be scored on a pass/fail basis. Examination scores are final and non-appealable. Employees who fail the examination, or who fail to appear for a scheduled examination, may not take another bilingual examination in the same language for a minimum of six (6) months following the failed or missed examination. Employees who pass the examination will be certified as bilingual by the City.
Employees who are certified as bilingual by the City shall not be required to recertify to continue to receive the bilingual pay.
The City agrees to notify new employees of the bilingual pay program during orientation.
Additional languages can be included in the bilingual stipend program at the discretion of the Fire Chief.
12. Retiree Medical Trust: The City agrees to make a matching contribution of $125 per member per month to the IAFF Medical Expense Reimbursement Plan (MERP), subject to HFFA's members' mandatory contribution. Based upon a vote of the Association, the monthly mandatory employee contribution shall be two hundred and twenty -five dollars ($225).
Also, in lieu of the City's existing monthly fifty dollars ($50) retiree health savings contribution for employees who receive that benefit, those employees shall now have that $50 per month directed to the Trust.
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MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE AMOUNTS: The Association may, from time to time, subject to approval of its members according to the Association's internal rules, prospectively modify the amount of the mandatory employees' monthly contributions to the Trust in any increment of $25, or to include the mandatory transfer of employee vacation leave or sick leave upon separation of employment where an employee is eligible to receive a monetary payout of accrued vacation or sick leave, according to the rules and regulations of the IRS and the Trust. In no event shall this section impact the City's matching contribution which is capped at $125 per month per employee.
NO IMPACT ON RETIREE MEDICAL BENEFIT ENTITLEMENT: Nothing herein shall impact any unit employee's existing rights to retiree medical benefits from the City under other existing provisions of the MOU or other policy, including under Article XIV of the MOU.
ARTICLE VI -TUITION REIMBURSEMENT PROGRAM
1. Tuition Reimbursement:
A. Full time, permanent employees shall qualify for participation in the tuition reimbursement program. Reimbursement will be subject to the following:
i. The course(s) elected must be of benefit to the City and directly related to the employee’s current duties or future employment with the City. Courses taken to satisfy a degree requirement may be approved, provided that the degree goal is in the field of current employment of the employee or future employment with the City.
ii. The employee must be enrolled in an institution of higher education fully accredited by WASC, a California community college fully accredited by ACCJC, or an equivalent regional accrediting organization, i.e., Middle States Commission on Higher Education (“MSCHE”), New England Commission of Higher Education (“NECHE”), Higher Learning Commission (“HLC”), Southern Association of Colleges and Schools Commission on Colleges (“SACSCOC”) and Northwest Commission on Colleges and Universities (“NWCCU”) , or a program certified by the California State Fire Training Division of the Office of State Fire Marshal, California of Office California the Institute Training Specialized of Emergency Services, National Wildfire Coordination Group, or certification classes approved at the sole, non -grievable discretion of Human Resources. Any employee who is currently was enrolled at an non- non-WASC or non-ACCJC accredited institution shall be deemed a legacy beneficiary of this section so long as they were enrolled in such college or university prior to July 31, 2024.
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iii. Each employee must attend on their own time and complete the course satisfactorily with a passing grade of “C” or its numerical equivalent, or a “pass” or “credit” for the class.
iv. The employee should obtain approval, in writing, from, the Fire Chief prior to enrolling in the course.
v. Such reimbursement shall include tuition, books and parking fees used to complete course requirements on assigned projects, but shall not include travel time, mileage, or other miscellaneous costs.
B. Upon completion of the course with a grade of “C” or better, or “pass/credit,” the employee shall attach their grade report along with receipts for eligible reimbursements to their approved application for educational assistance and present it to the Fire Chief.
The Fire Chief will forward the records of completion to the Human Resources Manager.
C. Applications for reimbursement will be accepted no later than one month after the course grades have been distributed.
D. The Human Resources Manager will authorize a tuition reimbursement upon certification of satisfactory completion.
E. Reimbursement is limited to two thousand five hundred dollars ($2,500) per calendar year.
F. Copies of courses completed and the grades attained will be maintained in the employee’s personnel file and in the department’s file.
G. If any employee leaves the City service within one (1) year after completion of a course(s) paid for by the City, the costs of such course(s) will be deducted from the employee’s last pay check. If the last pay check is insufficient to repay the costs, the employee will be required to make appropriate arrangements, including a promissory note, to repay the balance within one (1) year of leaving City service . The City Manager may alter the above requirements in unusual circumstances.
H. Employees may request prepayment for all classes requiring certification and/or validation from the California State Fire Training or the Office of the California State Fire Marshal. All other classes/courses of instruction are to be on a post-payment basis, unless otherwise approved by the Fire Chief and Human Resources Manager.
Failure to provide proper proof of completion, within the time period specified in paragraph C, will cause the amount of any prepayment to be deducted from successive paychecks, not to exceed $50.00 per pay period, except in the case of an employee who terminates, in which case the total amount shall be deducted from any monies due to the employee.
ARTICLE VII - HOURS AND WORK SCHEDULE
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1. Work Schedules: Fire suppression personnel shall continue with an assigned three platoon 48/96 work schedule.
2. Overtime: Overtime at the rate of one and one half (1½) times the employee’s straight time compensation will be paid for all unscheduled time. City further recognizes its obligation to comply with the minimum standards of the Fair Labor Standards Act regarding overtime payment. No overtime may be worked without authorization.
3. Temporary Assignment Outside Usual Assignment:
A. This Section will apply to calculation of payment to employees who work unscheduled time outside of their assigned shift, so long as the total hours worked (scheduled time plus unscheduled time) does not exceed the legal threshold at which overtime compensation is required under applicable state and federal wage and hour law.
B. The amount of “straight time compensation” provided under Section 2, of Article VII will be based on the hourly rate that the employee received for other work performed in the same assignment.
For example, if an employee performs unscheduled work in connection with a temporary assignment, the unscheduled time will be compensated based on the hourly rate for the temporary assignment, instead of the hourly rate for the employee’s usual assignment.
C. If the total hours worked (scheduled time plus unscheduled time) exceed the legal threshold at which overtime compensation is required under applicable state and federal wage and hour law, then the City will comply with applicable requirements of federal and state wage and hour law in determining the amount of overtime compensation due.
4. Physical Fitness for Sworn Personnel:
A. Sworn personnel may exercise while on duty pursuant to the terms of the existing department policy.
ARTICLE VIII -LEAVES
1. Sick Leave (Suppression Personnel):
A. Full time employees shall accrue sick leave at the rate of twelve (12) hours per calendar month ;
B. Sick leave with pay shall be allowed by the City whenever an employee’s absence is due to the employee’s illness which prevented their attendance on the job and performance of duties on the day of absence;
C. Each employee using sick leave must notify their designated officer prior to the beginning of their work shift, if possible;
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D. The City may require a doctor’s certificate at any time as proof of illness; E. Absences including sick leave shall be reported, upon the employee’s return to duty, in writing on a form supplied from time to time by the City; F. An employee absent on approved sick leave for less than one full shift shall have their accumulated sick leave reduced by the number of hours of such absence; and, G. The Union shall cooperate with the Fire Chief to curb abuse of sick leave.
H. Unit members may use, at their discretion, acc rued paid sick leave for baby -bonding leave under the California Family Rights Act (CFRA).
2. Sick Leave (Fire Prevention Officer):
A. Full time employees shall accrue sick leave at the rate of eight (8) hours per calendar month;
B. Sick leave with pay shall be allowed by the City whenever an employee’s absence is due to the employee’s illness which prevented their attendance on the job and performance of duties on the day of absence;
C. Each employee using sick leave must notify their immediate supervisor within one (1) hour before the time set for the beginning of their work day; D. The City may require a doctor’s certificate at any time as proof of illness; E. Absences including sick leave shall be reported, upon the employee’s return to duty, in writing on a form supplied from time to time by the City; F. An employee absent on approved sick leave for less than one full work day shall have their accumulated sick leave reduced by the number of hours of such absence; and, G. The Union shall cooperate with the Fire Chief to curb abuse of sick leave.
H. Unit members may use, at their discretion, accr ued paid sick leave for baby -bonding leave under the California Family Rights Act (CFRA).
3. Serious Family Illness: Each calendar year employees may take up to two (2) shifts/days of serious family illness leave in cases where their absence is required due to sickness, disability or death in the immediate family which requires the employee’s presence for maintenance of household and family . Use of serious family illness leave is conditioned upon approval from the Fire Chief or their designee. An absence will be deducted from an employee’s vacation while approval is being sought. If the absence is approved as serious family illness leave, the absence will be converted from vacation to serious family illness
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leave. Immediate family means the employee’s father, mother, legal guardian, brother, sister, spouse, child, mother -in-law, father-in-law, grandmother, grandfather, grandchild, aunt or uncle of the employee or their spouse. In emergency situations, additional serious family illness leave may be granted at the discretion of the Fire Chief . Serious family illness leave shall not accumulate from year to year . Employees shall furnish, if required by the Fire Chief, satisfactory proof of applicability of this section to justify the absence.
4. Military Leave : Military leaves shall be granted in accordance with the applicable provisions of federal and state law.
5. Jury Leave: Any employee who is called or required to serve as a trial juror shall be entitled to a ten (10) day (court business days) leave of absence during the period of such service or while necessarily being present in court as a result of such call . The City will continue paid jury duty leave for those employees whose jury assignment, though originally estimated for ten (10) days or less, was continued beyond the estimated time. Under such circumstances, the employee shall be paid the difference between their full salary and any payment received by him/her, except travel pay, for such duty.
6. Extended Leaves of Absence: The City Manager and/or Human Resources Manager may, upon written request of a permanent employee, grant a leave of absence without pay for a period not to exceed one (1) year. Failure on the part of the employee on leave to report to duty promptly at the expiration of the leave, shall be cause for discharge.
ARTICLE IX - VACATIONS
1. Full time employees shall accumulate vacation leave in accordance with the following schedule:
A. Suppression Personnel:
i. During the first three (3) years of service, employees shall accrue six (6) vacation shifts per year.
ii. After three (3) years of service, employees shall accrue seven (7) vacation shifts per year.
iii. After six (6) years of service, employees shall accrue nine (9) vacation shifts per year.
iv. After nine (9) years of service, employees shall accrue ten (10) vacation shifts per year.
v. After twelve (12) years of service, employees shall accrue eleven (11) vacation shifts per year.
vi. The term “shift” shall mean one 24 hour working period.
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vii. Employees shall cease to accrue vacation time when their accrue d balance equals the total amount earned by the unit member in the preceding 24 month period of employment.
B. Fire Prevention Officer:
i. During the first three (3) years of service, employees shall accrue ninety-six (96) vacation hours per year.
ii. After three (3) years of service, employees shall accrue one hundred and twenty (120) vacation hours per year.
iii. After six (6) years of service, employees shall accrue one hundred and forty- four (144) vacation hours per year.
iv. After nine (9) years of service, employees shall accrue one hundred and sixty (160) vacation hours per year.
v. After twelve (12) years of service, employees shall accrue one hundred and sixty-eight (168) vacation hours per year.
vi. Employees shall cease to accrue vacation time when their accrued balance equals the total amount earned by the unit member in the preceding 24 month period of employment.
2. Vacation Sell Back : Each calendar year, unit members with more than two (2) years of service may sell unused vacation time in an amount not to exceed fifty percent (50%) of that earned in the preceding twelve (12) month period. The sum calculated shall be based on the employee’s salary at the time of the sale . Employees can sell unused vacation not more than once each quarter. There shall be no sell back of vacation from July 1, 2024 through December 31, 2024. Vacation sell back from January 1, 2025 through June 30, 2026 shall be limited to eighty (80) hours.
ARTICLE X - HOLIDAYS
1. Employees working 24 hour shifts shall be entitled to ninety-nine (99) hours (9 hours times 11 holidays) per calendar year as holiday pay. The City shall pay holiday pay in equal sums per pay period. Employees who are employed less than one year shall be paid holiday pay on a pro rata basis of 11/12 of 99 hours for each month of service. City recognized holidays:
New Year's Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veterans’ Day November 11
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Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Eve December 24
Christmas Day December 25
2. Sworn classifications of employees work without regard to holidays. These employees shall be entitled to ninety-nine (99) hours (9 hours times 11 holidays) per calendar year of holiday-in-lieu pay. The City shall pay holiday-in-lieu pay in equal sums each bi-weekly pay period.
Reporting. Sworn classifications that require scheduled staffing without regard to holidays and will have their holiday pay reported as special compensation to CalPERS.
The Parties acknowledge and agree that to the extent permitted by law, Holiday Pay is special compensation and shall be reported as such pursuant to Title 2, CCR 571(a)(5) and 571.1(b)(4) as Holiday Pay. However, such determination is based on the Public Employees’ Retirement Law, its implementing regulations and CalPERS’ interpretive guidance. CalPERS and/or the courts ultimately determine whether any form of compensation qualifies as special compensation.
3. Fire Prevention Officers work with regard to holidays. These employees shall be provided the above holidays off with pay in accordance with their ten (10) hour schedule.
These employees will also receive any other holidays provided to City Hall employees, as determined by the City for the Mid-Managers Association members. If these employees are requested to work on a holiday, they will receive holiday pay or another day off, at the employee’s option.
1. 2. Employees who work on an eight (8) or ten (10) hour per day schedule shall receive the same holidays as City Hall employees as determined by the City for the Mid -Managers Association members, provided, however, the City shall provide, at a minimum, 11 paid holidays per year. Nonshift employees who are requested to work on a holiday will receive holiday pay or another day off, at the employee’s option.
ARTICLE XI - MISCELLANEOUS
1. The City agrees to payroll deduction of Union dues and assessments as authorized by the employee. Deductions shall remain in effect until changed by mutual agreement of the City and Union, or officially cancelled at the request of the employee.
2. When a permanent vacancy occurs, the City shall, as soon as practical, fill such vacancy pursuant to rules and regulations in effect. This section shall not apply to layoffs.
3. The City agrees to consult with the Union on new job classifications in the Fire Department, except management positions.
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4. The City agrees to grant Union official representatives access to work stations to discuss any grievance during working hours . The Union agrees its official representatives will cause as little interference as possible during working ‘ hours while discussing such problems. It is further agreed between the City and the Union that a reasonable amount of Union business regarding grievances only shall be granted during working hours without loss of pay or benefits.
5. Labor Management Discussion Committee : The Union may designate up to four representatives who may meet with representatives of the Fire Department management on a quarterly basis to discuss matters pertinent to the welfare of the department and its employees. Topics to be discussed may include but not be limited to apparatus, equipment, health and safety, training and operating procedures. The provisions of this section are not intended as a method to satisfy the meet and confer obligations contained in Section 3500 et seq., of the Government Code.
ARTICLE XII -LAYOFF PROCEDURE
1. Seniority: When the City orders a reduction in the work force, the layoff of employees shall be based upon seniority within classification.
2. Seniority Date Within Classification: An employee’s “seniority within classification date” shall be the first day that he or she began rendering continuous service for the Fire Department in the employee’s present classification or in higher or equal classifications .
Such service must be continuous in the present, equal and higher classifications.
3. Probationary Employees : Employees on probationary status (new employees and promotional employees) shall be laid off before permanent employees in the same classification
4. Ties in Seniority: When employees have equal seniority in classification dates for retention in a classification, the employee with the greater amount of seniority credit with the City shall have the highest retention priority . “Seniority credit with the City” shall mean the length of continuous service that an employee has from the last date of his or her hire by the City. If a tie in retention priority still exists, employees shall be laid off based upon their respective positions on the eligibility - list from which they were appointed to their present classification. The employee who received the higher rating on the eligibility list shall have the highest retention priority.
5. Voluntary Reduction in Rank: An employee who is subject to layoff may, in lieu of layoff, choose to take a reduction to a lower classification, provided they give written notice to the Fire Chief ten (10) calendar days after receiving notice of layoff . In order to exercise bumping rights, the employee must have previously served in the lower classification with the City and have an earlier seniority in the lower classification than the employee being displaced.
6. Notice: The City shall give affected employees written notice not less than fourteen (14) calendar days prior to the effective date of the layoff . Under emergency circumstances, the notice period may be shortened.
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7. Reemployment: Employees laid -off or taking voluntary reduction in rank shall be reemployed in the inverse order of their layoff or reduction. An employee laid-off or taking a voluntary reduction in rank shall be maintained on the reemployment list until they once refuse to accept reinstatement or for two (2) years, whichever occurs first.
8. In the event the City changes the classification structure by adding new classifications or eliminating existing classifications, the City shall meet and confer with the Union concerning the impact upon the bumping rights of employees.
ARTICLE XIII - STAFFING
1. To provide for the operation of the services provided by the City under methods which will further, to the fullest extent possible, economy and efficiency of operation, elimination of waste, realization of maximum quantity of output, protection of property and personnel, City and Union agree to provide the following minimum staffing level:
A. Seven Fifteen (157) sworn employees within the bargaining unit classifications will be on duty at all times , with one of these employees holding the rank of at least Fire Captain.
B. The City and Union in agreeing to this minimum manning, further agree that maintenance of this provision shall be accomplished by:
i. The employee scheduled to go off duty from the prior shift shall not be relieved unless replaced by an employee of equal rank and qualifications or specifically excused by the Shift Supervisor;
ii. Any employee required, by failure of their counterpart to relieve him/her, to remain on duty to fulfill this minimum manning shall have the right to contact other employees of equal rank and qualifications to secure a replacement for that twenty -four (24) hour shift or any part thereof, in accordance with the mandatory callback system.
2. During the term of this MOU, the City and Union will informally reopen negotiations on this Article and other issues related to staffing, provided, however, any changes must be by mutual agreement of the parties (no impasse, fact finding or unilateral implementation)
ARTICLE XIV -RETIREMENT
1. Fire Suppression Employees : The City shall continue its contract with the Public Employees Retirement System (CalPERS) for active bargaining unit members based upon the following three-tier system:
A. Tier I.
Part 1.A of this Article XIV applies to unit members hired before February 24, 2012.
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i. 3% at 50 Formula.
The City shall continue to contract for the three percent (3%) at 50 formula, as set forth in California Government Code Section 21362.2, as well as all other optional benefits presently in existence.
ii. Final Compensation Based on Highest Twelve
Month Period.
For purposes of determining a retirement benefit, final compensation for bargaining unit members covered by Part 1.B of this Article XIV shall mean the highest twelve consecutive month period as set forth in the City’s contract with CalPERS.
iii. Required Bargaining Unit Member Contribution.
Each unit member shall continue to pay 100% of the
employee’s share (currently 9%) of the normal cost of
pension benefits. Effective July 1, 2015, each unit member shall also pay 3% of the employer’s share of compensation earnable toward the City’s normal cost of pension benefits, pursuant to Section 20516(f) of the California Government Code.
B. Tier II.
Part 1.B of this Article XIV applies to unit members hired between February 24, 2012 and December 31, 2012, and unit members hired after January 1, 2013 who are considered “Classic Members” as that term is used by the Public Employees’ Pension Reform Act of 2013 (PEPRA).
i. 3% at 55 Formula.
The City will contract for the three percent (3%) at 55 formula, pursuant to California Government Code Section 21363.1, and shall also provide the other optional benefits presently in existence.
ii. Final Compensation Based on Highest Twelve
Month Period.
For purposes of determining a retirement benefit, final compensation for bargaining unit members covered by Part 1.B of this Article XIV shall mean the highest twelve consecutive month period as set forth in the City’s contract with CalPERS.
iii. Required Bargaining, Unit Member Contribution.
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Each unit member shall continue to pay 100% of the
employee’s share (currently 9%) of the normal cost of
pension benefits. Effective July 1, 2015, each unit member shall also pay 3% of the employer’s share of compensation earnable toward the City’s normal cost of pension benefits, pursuant to Section 20516(f) of th e California Government Code.
C. Tier III.
Part 1.C of this Article XIV applies to unit members hired on or after January 1, 2013, and who are considered “New Members” as that term is used by the Public Employees’ Pension Reform Act of 2013 (PEPRA).
i. 2.7 % at 57 Formula.
The City shall contract for the two -point-seven percent (2.7%) at 57 formula, as set forth in California Government Code Section 7522.25, as well as all other optional benefits presently in existence. ii. Final Compensation Based On Three Year Average.
For the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service , as set forth in Government Code Section 7522.32(a).
iii. Required Bargaining, Unit Member Contribution.
Each unit member shall continue to pay one half of the normal cost of pension benefits.
D. As soon as practicable after July 1, 2015, the City will initiate the contract amendment process to document payment by each fire suppression bargaining unit member of 12% of compensation earnable toward the normal cost of pension benefits, the maximum bargaining unit member contribution permitted by Government Code Section 20516.5. The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to a contract amendment. Upon approval and agreement from the voting bargaining unit members and completion of the required process for the City’s amendment to the CalPERS contract, the payment of 12% toward the normal cost of pension benefits will continue pursuant to the terms of the contract amendment, but the 3% cost -sharing pursuant to Government Code Section 20516(f) for Tier I and Tier II members shall cease.
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Until such time that the contract amendment takes effect, or in the event that unit members vote against approval of the contract amendment, the 3% cost -sharing shall continue in effect outside of a CalPERS contract amendment, as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of the MOU.
The Union and the City will take all necessary actions to implement the pension cost sharing agreement.
2. Fire Prevention Officers: The City shall continue its contract with the Public Employees Retirement System (CalPERS) for active bargaining unit members based upon the following three-tier system:
A. Tier I.
Part 2.A of this Article XIV applies to unit members hired before February 24, 2012.
i. 2.7% at 55 Formula.
The City shall continue to contract for the two point seven percent (2.7%) at 55 formula, as well as all other optional benefits presently in existence. ii. Final Compensation Based on Highest Twelve
Month Period.
For purposes of determining a retirement benefit, final compensation for bargaining unit members covered by Part 2.A of this Article XIV shall mean the highest twelve consecutive month period as set forth in the City’s contract with CalPERS.
iii. Required Bargaining, Unit Member Contribution.
Each unit member shall continue to pay the 8% employee share of contributions to the retirement plan.
B. Tier II.
Part 2.B of this Article XIV applies to unit members hired on or after February 24, 2012 and prior to January 1, 2013, and unit members hired after January 1, 2013 who are considered “Classic Members” as that term is used by the Public Employees’ Pension Reform Act of 2013 (PEPRA).
i. 2.5% at 55 Formula.
The City will contract for the two point five percent (2.5%) at 55 formula, pursuant to California Government Code Section 21363.1, and shall also provide the other optional benefits presently in existence.
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ii. Final Compensation Based on Highest Twelve
Month Period.
For purposes of determining a retirement benefit, final compensation for bargaining unit members covered by Part 2.B of this Article XIV shall mean the highest twelve consecutive month period as set forth in the City’s contract with CalPERS.
iii. Required Bargaining, Unit Member Contribution.
Each unit member shall pay the 8% employee share of contributions to the retirement plan.
C. Tier III.
Part 1.C of this Article XIV applies to unit members hired on or after January 1, 2013, and who are considered “New Members” as that term is used by the Public Employees’ Pension Reform Act of 2013 (PEPRA).
i. 2 % at 62 Formula.
The City shall contract for the two point five percent (2%) at 62 formula, as set forth in California Government Code Section 7522.25, as well as all other optional benefits presently in existence.
ii. Final Compensation Based On Three Year Average.
For the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service , as set forth in Government Code Section 7522.32(a).
iii. Required Bargaining Unit Member Contribution.
As required by Government Code Section 7522.04(g), bargaining unit members covered by this Part 1.C. shall pay, through payroll deductions, fifty percent (50.0%) of normal costs.
3. 1959 Survivor’s Benefit: Retirement benefits for all active unit members shall include the 1959 Survivor’s Benefit Level 3.
4. Retiree Health Benefits: The Union acknowledges the City has met and conferred in good faith regarding the amendment of the City’s existing retiree medical policy. In that regard, the Union acknowledges receipt of the City’s last draft amendment dated December 23, 1997, as ame nded January 9, 1998. The Union voluntarily accepts the new policy, with the exception of the provisions concerning eligibility for disability retirement. The parties agree, however, that should any other non -management labor organization negotiate a
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retiree medical policy that provides benefits which are superior than those set forth in the January 9, 1998 draft, this Union’s retiree health benefits shall be augmented to provide benefits of equal value. Should another non -management association negot iate a retiree medical policy that is inferior to the January 9, 1998 draft, no such corresponding reduction in the Union’s benefits will occur. Finally, by entering into this agreement, the parties acknowledge that this agreement shall not prejudice any rights or claims which exist or may exist in the future, arising from any of the past, present or future retiree medical policies.
5. CalPERS Discount Rate/Cost Sharing . During the term of this MOU (7/1/202 46 – 6/30/20267), if the CalPERS Discount Rate is reduced to six and a half percent (6.5%), the City may initiate re -opener bargaining regarding employee contribution of an additional half percent (.5%) toward pensions.
ARTICLE XV - DISCIPLINE AND DISCHARGE RULES AND REGULATIONS
1. The City shall have the right to issue reasonable employee rules and regulations not in conflict with the express terms of this MOU, provided that such rules and regulations are:
A. Discussed with the Union prior to adoption;
B. Submitted to the Union prior to adoption;
C. Posted in conspicuous places so that employees are advised and have notice of such rules and/or regulations prior to their implementation.
2. A. The probationary period following initial appointment is one year from date of hire.
New hire probationary employees do not acquire property or vested rights to their position except as provided by law . The probationary period following initial appointment for a lateral candidate is six (6) months from the date of hire. A lateral candidate is one who successfully completed a probationary period of one (1) year or more as a firefighter/paramedic for a public sector fire department performing duties similar in scope to those performed by firefighters/paramedics in Hemet.
B.A. The probationary period for a promotional appointment is one year from date of appointment. Should an employee fail to satisfactorily complete the promotional probationary period, they shall be returned to the classification and rate of pay they previously held in the department.
3. The City shall have the right to discipline and discharge regular employees for “just cause.” Probationary employees (original probationary period) do not acquire property or vested rights to their position except as provided by law.
4. Procedural Due Process: Regular employees shall have the right to procedural due process rights with respect to predisciplinary/discharge matters.
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As a minimum, these pre-removal safeguards must include notice of the proposed action, the reasons therefore, and a copy of the charges and materials upon which the action is based and the right to respond either orally or in writing to the authority initially imposing discipline.
ARTICLE XVI - HAZARDOUS MATERIALS RESPONSE TEAM
1. Each member of the Hazardous Materials Response Team shall be paid monthly special assignment pay in the amount of five percent (5%) of the team member’s monthly base salary.
2. Hazardous Material Response special assignment compensation pay shall be limited to those team members actively serving on the Hazardous Materials Response Team.
3. The parties agree that such Hazardous Materials Response Team Member Compensation adequately compensates each member, for the commitment and additional on -duty work assignments required to maintain a quality response team.
4. The Hazardous Materials Response Team shall abide by the Hazardous Materials Response Team protocols attached as Appendix A to this Agreement.
5. The City shall provide backfilling for on -duty Hazardous Materials Response Team members participating in quarterly training.
6. Any team member who engages in Hazardous Material Response Team work or training while off-duty shall be paid premium overtime at time and one half the employee’s regular rate of pay for all such time.
ARTICLE XVII - GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE
1. Grievance: A “grievance” shall mean a written allegation by an employee(s) or the Union concerning a dispute arising out of the interpretation or application of the specific terms of this MOU and/or written employment policy, rules and regulations which affect wages, hours, and other terms and conditions of employment. An authorized Union representative may file a “grievance” on behalf of all employees to avoid a multiplicity of grievances over the same dispute.
2. Performance Evaluations: The employee may not appeal a performance evaluation rating.
The employee may, instead, attach a rebuttal to any evaluation, which shall then be included with the evaluation in the employee’s official personnel record.
3. Representatives: The employee or City may be represented during any step of this procedure by any person so designated.
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4. Procedural Due Process : The grievance procedure contained herein shall not act as a substitute for the procedural due process rights of any individual employee with respect to pre-disciplinary/discharge matters as set forth in Article XV of this MOU.
5. Disciplinary Appeals: Suspensions of twenty-four (24) hours or less may be appealed up to the City Manager. The decision of the City Manager is final. Suspensions of more than twenty-four (24) hours may be appealed up to neutral hearing officer, in accordance with section 12, of this Article.
In resolving disciplinary matters other than reprimands, the City and Union agree to proceed immediately to the first two steps of the grievance procedure as provided herein .
In the event a disciplinary matter is not resolved in Step 2, the aggrieved employee may appeal as provided herein. The parties may, by mutual consent, waive their right to proceed with any of the steps of the grievance procedure.
6. Days: Reference to days regarding time periods in this procedure shall mean work days .
A work day is defined as all week days not designated as holidays by state law.
7. Time Limitation and Waiver: Failure to file or process any grievance within the prescribed time limitation shall constitute a bar of such grievance.
Failure by the City’s representative to issue a decision within the time periods provided herein shall constitute a denial of the grievance and the grievant may appeal to the next level. Any issue or dispute concerning the procedures of this grievance procedure, including the timeliness of the filing or processing of a grievance, shall be subject to determination by the hearing officer . Time limits may be extended by agreement of the parties.
8. Step 1 Informal Conference: Prior to filing a formal grievance, an employee should discuss their grievance with their immediate supervisor in an effort to adjust the alleged grievance informally. This conference shall be held within the thirty (30) days after the date the grievant knew, or in the exercise of reasonable diligence should have known, of the event giving rise to the grievance . The Step 1 Informal Conference shall be a pre -condition to the filing of a Step 2 Formal Grievance, unless the immediate supervisor refuses to meet with the aggrieved party, in which case the grievant will proceed to Step 2 Formal Grievance within the timeline prescribed below.
9. Step 2 Formal Grievance: If the grievance is not resolved through the informal conference with the immediate supervisor, the employee must file a grievance with the Fire Chief within fifteen (15) days after the Step 1 Informal Conference or, if the immediate supervisor refuses to meet with the aggrieved party, forty-five (45) days from the date the grievant knew, or in the exercise of reasonable diligence, should have known of the event giving rise to the grievance. The Fire Chief shall give their written decision to the grievant within ten (10) days after receipt of the grievance. If a request is made, the Fire Chief shall meet with the aggrieved party(s) before rendering a decision.
10. Step 3: If the grievance is not resolved at Step 2, the grievant shall have ten (10) days after receipt of the Step 2 decision to file a written appeal to the City Manager.
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The City Manager shall give their written decision to the grievant within fifteen (15) days after receipt of the appeal . The grievant may request a meeting with the City Manager prior to the issuance of the City Manager’s decision.
11. Step 4: The decision of the City Manager will be final unless appealed as provided herein below.
12. The grievant may appeal the decision of the City Manager within fifteen (15) days of their decision, or if no decision by the City Manager, within twenty -five (25) days after submitting the Step 3 grievance, by providing the City Manager with a written notice of such appeal. The appeal from the City Manager shall be conducted before a hearing officer mutually selected by the parties.
The City Manager shall request a panel of seven (7) hearing officers from the California State Mediation and Conciliation Service within fifteen (15) days of receiving such a request. The hearing officer shall be selected to hear the grievance by alternately striking names from such a panel. The first strike shall be determined by the flip of a coin.
13. Conduct of Hearings: All hearings shall be open to the public provided, however, that the hearing officer shall, at the request of the employee, exclude the public from all or any portion of such hearings.
The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth.
The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. They shall base their findings on the preponderance of evidence.
Decisions made by the hearing officer shall not be invalidated by any informality in the proceedings.
The hearing officer shall not have the authority to add to, modify, or subtract from this agreement or to take testimony from one party outside the presence of the other . The hearing officer shall not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically pr ovided for in this MOU or to take any action which would be in violation of federal or state laws.
In disciplinary matters, the hearing officer may sustain or reject any or all of the charges filed against the employee . They may sustain, reject or modify the disciplinary action invoked against the employee . They may not provide for discipline more stringent than that invoked by the appointing authority.
14. Hearing Officer’s Decision: The hearing officer shall render their decision as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. Their decision shall set forth which charges, if any, are sustained and the reasons therefore . The decision of the hearing officer shall be final and binding
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and shall be implemented by the Personnel Officer. The cost of the hearing and the hearing officer’s fee shall be borne equally by the parties . Appeals from the hearing officer’s decision to the judicial system shall be pursuant to California Code of Civil Procedure Section 1094.5.
ARTICLE XVIII - COMPLETION OF MEET AND CONFER
1. It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding such ma tters are hereby superseded or terminated in their entirety.
2. Except as specifically provided in this MOU, the parties agree that neither the City nor the Association shall be required to meet and confer on any subject during the term of this Agreement.
3. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approve d and implemented by the City Council.
4. The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
ARTICLE XIX -– JOB DESCRIPTIONS
The parties hereby agree that the job descriptions for Fire Engineer, Fire Engineer/Paramedic and Fire Captain are hereby modified to remove Hemet Fire Department specific experience as a criteria for hire/promotion to these positions; provided, however, t he parties expressly agree that any internal qualified Hemet Fire Department candidate for promotion into these positions shall be appointed over a qualified candidate from outside the Hemet Fire Department. The City may only pass over a qualified internal candidate and hire an external candidate for one of these positions if there exists a specific and significant justification that renders the internal candidate unsuitable for promotion. An external candidate scoring above an internal candidate shall not serve as justification for failing to promote the internal candidate over the external candidate.
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ARTICLE XX - SAVINGS CLAUSE
Should any provision of this MOU or any application thereof, be unlawful by virtue of any federal, state or local laws and regulations, or by court decision, such prov ision shall be effective and implemented only to the extent permitted by such law, regulation or court decision . But in all other respects, the provisions of this MOU shall continue in full force and effect for the term thereof.
HEMET CITY FIRE FIGHTERS
LOCAL NO. 2342
DATED:
CITY OF HEMET
DATED:
David Prietto
President, Local No. 2342
Peter Q. NguyenLaura Drottz Kalty
Chief Negotiator
Dan Billington
Vice President
Norma Rangel
Human Resources Manager
Daniel LoomisTaylor Barnes
Dan McIntyreRobert Wexler
Chief Negotiator
Jaculin PetersonLinda Krupa
Mayor
Date:
ATTEST:
John Maier, City Clerk
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APPENDIX A
PURPOSE
The purpose of Appendix A is to, within the Memorandum of Understanding, identify and define the duties, responsibilities, and obligations of the members of the Hazardous Materials Response Team (Hazmat Team) in order to establish and enhance safe and efficient operations and procedures at identified hazardous materials responses.
It is the purpose of the Hazmat Team to protect life, property and the environment, thus reducing any exposure, damage, or liability to the City of Hemet, its citizens, guests, or employees.
Thus said, it shall be the responsibility of each appointed, trained, and duly compensated member of the Hazmat Team to strictly adhere to the following:
1) Every team Member must participate in a minimum of three (3) quarterly County Hazmat Operational Group (CHOG) exercises per calendar year, unless:
a) Previously approved by the Hazardous Materials Team Administrator; and, assigned to a duty related incident or activity; or
b) Off duty due to an injury or illness
2) Every Team Member will effectively perform the duties and responsibilities as assigned by the Hazmat Team coordinator
3) Every Team member agrees the special assignment pay adequately compensates each member for the commitment, and additional on -duty work assignments required to maintain a quality response team.
Failure to complete any of the items listed above as one (1) through three (3) shall constitute sufficient cause for removal from Hemet Fire Department Hazardous Materials Response Team.
Appointment or removal to the Hazardous Materials Response Team is at the discretion of the Fire Chief.
MANAGEMENT
1) It is the responsibility of the Hemet Fire Department Management to:
a. Determine Hazmat’s organization;
b. Direct the work of its employees;
c. Define and assign related work not expressly covered by job description; d. Determine the kinds of services to be provided, and the methods and means of providing them;
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e. Determine staffing patterns;
f. Determine the number and kinds of personnel required; g. Contract out work in accordance with law;
h. Take any action necessary to meet conditions of any emergency nature; and, i. Assign and hold accountable the Hazardous Materials Team Administrator
HAZARDOUS MATERIALS TEAM
Hazardous Materials Team Administrator (Hazmat CO)
The Team Administrator will be a Chief Officer appointed by the Fire Chief, and has only those rights and responsibilities granted by the Fire Chief . This Chief Officer may or may not be an operational member of the team, depending on their qualifications. The Administrator will be held accountable to satisfactorily and proficiently fulfill the duties and responsibilities of the Administrator position, including, but not limited to, meeting and exercise attendance. The Team Administrator will hold final approval on recommendations made by the Hazmat Management Team, as approved by the Fire Chief. See the attached duties and responsibilities.
Team Organization
Safety
Some of the tools, equipment or procedures, along with the hazardous substances or conditions, may pose a specific hazard to our employees and the general public . To meet these hazards, management will require all members of the Hazmat Team to maintain:
1) Adequate training;
2) Currency in certifications; and
3) Proficiency on all equipment and procedures, including specialized equipment and hazardous materials.
Organization
Team members will, regardless of rank within the Hemet Fire Department, be assigned one of the following Hazardous Materials Response Team Management Team organizational assignments.
It will be the responsibility of the Team Administrator to recommend the assignment of Management Team positions . The Team Administrator will have the ultimate authority in the assignment of Management Team positions, as approved by the Fire Chief.
All members of the Hazmat Response Team Management Team will work together to develop priorities and solutions that are recommended for approval by the Team Administrator.
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1) Hazmat Team Coordinator (HTC)
The Team coordinator will be responsible for the administrative and operational aspects of the Hazmat Team’s response and training . This position reports to the Team Administrator.
2) Hazmat Training Officer (HTO)
The Training Officer organizes and coordinates the initial training and orientation of new team members; identifies training available to current Team Members and assists in the selection of Team Members to attend said training opportunities; develops, organizes, coordinates and evaluates currently Team and Department, in regards to Hazardous Materials Response training, and management; and maintains training records of Hazmat Team members; develops and coordinates community outreach educational presentatio ns. The HTO reports to the Hazmat Team Coordinator.
3) Hazmat Safety Officer (HSO)
The HSO is responsible for the safe and lawful performance of operations and management during the planning phase and incident/training related activity of the Hazmat Team during training and actual field operations . The HSO works with other Management Team Members and Hazmat Team Members in the design, implementation, and administration of the Hazmat Response team Program to regulate and enforce federal, state, and local laws, ordinances, and regulations pertaining to hazardous material identification, handling, and mitigation. The HSO reports to the Hazmat Team Coordinator.
TEAM TRAINING EXERCISES AND MEETINGS
Hazmat Team Meetings
Hazmat Team meetings will occur when deemed significant and essential topics/items must to be presented to the Team in a timely fashion. Attendance to these meetings may be mandatory at the will and discretion of the Team Administrator.
CHOG Quarterly Exercises
CHOG opportunities are tentatively scheduled for February, May, August, and November (exact dates and times have not been determined).
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Aug 11 2026
Department: Public Works
Submitted by: Noah Rau, Interim City Manager
Jilleen Ferris, Interim Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution Accepting Onsite Street Improvements for Tract 35393-1 and Authorizing the Reduction of the Remaining Bond Amount to 25%, or $1,115,576
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment. No. 1):
RESOLUTION NO. 2026-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, ACCEPTING ONSITE STREET IMPROVEMENTS ASSOCIATED WITH TRACT 35393-1 AND AUTHORIZING THE CITY ENGINEER TO REDUCE THE REMAINING BOND THE OF THE WITH PROVISIONS IN $1,115,576 TO AMOUNT ACCORDANCE
SUBDIVISION IMPROVEMENT AGREEMENT (GENERALLY LOCATED EAST OF WARREN
ROAD, SOUTH OF MUSTANG WAY)
EXECUTIVE SUMMARY:
Staff recommends that the City Council accept the onsite street improvements associated with Tract remaining or 25%, to amount bond reduce the Engineer City the authorize and 35393-1 to $1,115,576. This will commence a 1-year warranty period after which the bond can be released in full.
BACKGROUND/ANALYSIS:
2021, Improvement Subdivision a approved Council 13, the Agreement July On City (SIA) (Attachment No. 2) for Final Tract Map 35393-1 between Lennar Homes of California, Inc. and the City of Hemet, and accepted bonds which were provided by the developer for security. The SIA was recorded on December 9, 2022.
The Developer was required to construct, or cause to be constructed, various improvements that were identified in the SIA.
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At a City Council meeting on May 13, 2025, the City Council accepted improvements associated with Final Tract Map 35393-1 with the exception of the onsite street improvements, which were not in a condition at that time to be accepted by the City.
DISCUSSION:
Bond amounts for completed or accepted improvements associated with Tract 35393-1 were previously reduced. However, the bond amount associated with the onsite street improvements remained in place since those improvements had not yet been accepted by the City. As a result, the total remaining bond amount was $5,623,172, which included the Onsite Street Improvements amount of $4,462,305 and the 25% warranty amount of the accepted improvements in the amount of $1,106,206. The 25% warranty bond was reduced on May 13, 2025 for a 1 year maintenance period, which has since passed. Therefore, the only remaining bond amount for the project is the full amount of the Onsite Street Improvements.
As of July 9, 2026, the Public Works Engineering Division has determined that the onsite street improvements are complete and recommends that the City Council accept the onsite streets and authorize the City Engineer to reduce the remaining bond amount to 25% in the amount of $1,115,576.
With the acceptance of the onsite streets and reduction of the bond, a 1-year warranty period will commence. The warranty period for the bonds that were previously released has been completed, therefore the only remaining warranty period is for the onsite streets.
PREVIOUS COUNCIL ACTION:
On July 13, 2021, the City Council approved the Subdivision Improvement Agreement for Final Tract Map 35393-1.
On May 13, 2025, the City Council accepted improvements associated with Final Tract Map 35393-1 except for the onsite street improvements.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
FISCAL IMPACT:
There is no fiscal impact associated with this resolution.
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ALTERNATIVE(S):
1. Do not accept the onsite street improvements within Tract 35393-1 and authorize the City Engineer to reduce the remaining bond to 25% for a one year warranty period.
2. Provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachment No. 1- Reso. No. 2026-136
Attachment No. 2- Subdivision Improvement Agreement
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CITY OF HEMET RESOLUTION NO. 2026-136 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACCEPTING ONSITE STREET
IMPROVEMENTS ASSOCIATED WITH TRACT 35393-1
AND AUTHORIZING THE CITY ENGINEER TO REDUCE
THE REMAINING BOND AMOUNT TO $1,115,576 IN
ACCORDANCE WITH THE PROVISIONS OF THE
SUBDIVISION IMPROVEMENT AGREEMENT
(GENERALLY LOCATED EAST OF WARREN ROAD,
SOUTH OF MUSTANG WAY)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does hereby resolve as follows:
WHEREAS, the City Council approved a Subdivision Improvement Agreement for Final Tract Map 35393-1 between Lennar Homes of California, Inc. and the City of Hemet, and accepted bonds which were provided by the developer for security; and, WHEREAS, at a City Council meeting on May 13, 2025, the City Council accepted improvements associated with Final Tract Map 35393-1 with the exception of the Onsite Street Improvements, which were not in a condition at that time to be accepted by the City; and,
WHEREAS, bond amounts for completed or accepted improvements associated with Tract 35393-1 were previously reduced, however the bond amount associated with the Onsite Street Improvements remained in place; and,
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CITY OF HEMET RESOLUTION NO. 2026-136 2
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WHEREAS, the total remaining bond amount was $5,623,172, which included the Onsite Street Improvements amount of $4,462,305 and the 25% warranty amount of the accepted improvements in the amount of $1,106,206; and WHEREAS, the 25% warranty bond was reduced on May 13, 2025 for a 1-year maintenance period, which has since passed; and
WHEREAS, the only remaining bond amount for the project is the full amount of the Onsite Street Improvements; and
WHEREAS, as of July 9, 2026, the Public Works Engineering Division has determined that the onsite street improvements are complete and recommends that the City Council accept the onsite streets and authorize the City Engineer to reduce the remaining bond amount to 25% in the amount of $1,115,576; and WHEREAS, a 1-year warranty period for the onsite street improvements will commence, which is the only remaining warranty period for the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1.The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. Authorize the City Engineer to reduce the remaining bond amount for Onsite Street Improvements to 25% or $1,115,576.
SECTION 3. Accept the onsite street improvements and commence a 1-year warranty period.
SECTION 4. This Resolution shall become effective upon adoption.
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CITY OF HEMET RESOLUTION NO. 2026-136 3
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CITY OF HEMET RESOLUTION NO. 2026-136 4
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PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
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CITY OF HEMET RESOLUTION NO. 2026-136 5
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11th day of August 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383)
CITY OF HEMET
Attn: City Manager
445 East Florida Avenue
Hemet, California 92543
RIV # 4836- 3917- 8284 Q. Irl
2022- 0498375
12/ 09/ 2022 03: 31 PM Fee: $ 0. 00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Recorder
THIS SPACE FOR RECORDER' S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 35393- 1
By and Between
THE CITY OF HEMET,
a municipal corporation
and
Lennar Homes of California, LLC,
a California limited liability Company
Dated: ) ULA
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SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 35393- 1
This Subdivision Improvement Agreement (" Agreement") is entered into as of this 4\( A 1) 3 2o` L by and between the City of Hemet, a municipal corporation (" City") and Lennar Homes of California, LLC, a California limited liability company (" Developer"). City and Developer are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."
RECITALS
A. Developerhassubmittedto City anapplication for approvalof a Tract Map for realpropertylocatedwithin City, alegaldescriptionof whichis attachedheretoasExhibit "A".
The Tract Map is identified in City recordsasTract Map No. 35393-1. On A
1, the City conditionally approvedTract Map No. 35393-1.
B. Developer has not completed all of the work or made all of the Public Improvementsrequiredby the Subdivision Map Act (GovernmentCodesections66410 et seq.), Map Act") the City Ordinances, the conditionsof approvalfor Tract Map No. 35393-1, or other ordinances, resolutions, or policies of City requiring constructionof improvementsin conjunction with the subdivision of land.
C. Pursuant to City Ordinances and the applicable provisions of the Map Act, Developer and City enter into this Agreementfor the timely constructionand completion of the Public Improvementsand the furnishing of the securitytherefor, acceptableto the City Engineer and City Attorney, for Tract Map No. 35393- 1.
D. City hasauthority to enterinto this Subdivision ImprovementAgreementpursuant to Government Code Sections 66499 — 66499. 10.
E. Pursuant to Government Code Section 66499, Developer' s execution of this Agreementand the provision of the securityaremadein considerationof City' s approval of the final map for Tract Map No. 35393-1.
DEFINED TERMS
Developer" shall mean Lennar Homes of California, LLC, a California limited liability company. The term " Developer" shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor -in -interest to Developerhaving a legal and/or equitableinterestin the Property, Estimated Costs" shall mean the City Engineer' s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping.
Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarilyincurred by a party in good faith in the prosecution of an action or RIV # 4836- 3917- 8284 Q. 1rl - I -
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proceeding, including, but not limited to, court costs, filing, recording, and servicefees, copying costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition andtranscript costsandany other cost or expense, the award of which a court of competent jurisdiction may determine to bejust and reasonable.
Map Act" shall meanthe SubdivisionMap Act, GovernmentCodeSections66410et seq.
Property" shall meanthe all of the real property containedwithin the boundariesof Tract Map No. 35393-1locatedin theCity of Hemet, California, asis more particularly describedin thelegal description and parcel diagram attached hereto and incorporated hereby by reference at Attachment " A".
Public Improvements" shall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sidewalks, paseos, pathways, trails, water systems, sanitary sewers, utilities, storm drains, detention and retention basins and other drainage facilities, traffic controls, landscaping, streetlights and all other facilities required to be constructedand dedicatedto the City or other public entity asconditions of approvalof Tentative Tract Map No. 35393-1 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. 35393- 1. The Parties agree that the Public Improvements to be completedby Developer are more specifically describedin the diagram or plan attachedhereto and incorporated herein by reference as Attachment ` B. Notwithstanding, Attachment " B", Developer shall remain obligated to construct and complete all of the Public Improvements requiredasconditionsof approvalfor TentativeTract Map No. 35393-1afull copy of which is on file with and may be obtained from the Engineering Department of the City of Hemet Required Insurance" shall mean the insurance required to be maintained by Developer under Section 17.
Security" shall meansurety bonds in the amountsand under the terms of Section 12 or other security approved by City Engineer or City Attorney.
Tract Map No. 35393- 1" shall mean the final map prepared and approvedby the City for Tentative Tract Map No. 35393- 1 .
Warranty" shall meanthe one-yearperiod following completion of the Public Improvementsby Developer andthe acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and containedhere and other consideration, the value and adequacyof which are hereby acknowledged, the parties agree as follows:
1. EFFECTIVENESS. This Agreement shall not be effective unless and until all four (4) of the following conditions aresatisfiedin the order provided:
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1. 1 Securi . Developerprovides City with the Securityof the type andin the amounts required by this Agreement;
1. 2 Tract Map and Agreement Approval. The City Council of the City (" City Council") approves the final map for Tract Map No. 35393- 1 and this Agreement;
1. 3 Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder' s Office of the County of Riverside; and
1. 4 Record Tract Map. Developer records the final map for Tract Map No. 35393- 1 in the Recorder' s Office of the County of Riverside.
If the above described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall automatically terminate without need of further action by either City or Developer.
2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement. Construction of the Public Improvements shall includeanytransitionsand/or otherincidentalwork deemednecessaryfor drainageor public safety. The Developer shall be responsible for the replacement, relocation, or removal of any componentof anyirrigationwaterorsewersystemin conflictwith theconstructionorinstallation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water or sewer system.
Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering servicesnecessaryor required by City to fully and adequately complete the Public Improvements.
2. 1 Prior Partial Construction of Public Improvements. Where construction of anyPublic Improvementshasbeenpartially completedprior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.
2. 2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessaryand incidental notices required for the lawful construction of the Public Improvements and performance of Developer' s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issuedto Developer. Prior to commencing any work, Developer shall file a written statementwith the City Clerk andthe City Engineer, signedby Developerandeach utility whichwill provideutility serviceto theProperty, attestingthatDeveloperhasmadeall deposits legally required by the utility for the extension and provision of utility service to the Property.
2. 3 Pre - approval of Plans and Specifications. Developer is prohibited from commencingwork on any Public Improvementuntil all plans and specificationsfor suchPublic Improvement havebeensubmittedto andapprovedby the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
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2. 4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2. 5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employedby professionalsin the samediscipline in the Stateof California. Developerrepresents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2. 6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterationsthereto. If during thecourseof constructionandinstallation of thePublic Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertakesuchdesignandconstructionchangesasmay bereasonablyrequiredby City. Any and all alterations in the plans and specifications and the Public Improvements to be completed maybeaccomplishedwithoutgivingpriornoticethereofto Developer'ssuretyforthisAgreement.
2. 7 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approvalwhich havenot beensatisfied prior to the date of this Agreement are identified on Exhibit " D" hereto.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shallnot be responsibleor liable for themaintenanceor careof thePublic Improvementsuntil City formallyapprovesandacceptsthemin accordancewith itspoliciesandprocedures. Cityshall exercise no control over the Public Improvements until approved and accepted. Any use by any personof the Public Improvements, or any portion thereof, shall be at the soleandexclusiverisk of the Developerat all times prior to City' s acceptanceof the Public Improvements. Developer shall maintain all the Public Improvementsin a stateof goodrepair until they are completedby Developer and approvedand acceptedby City, and until the security for the performanceof this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in avigorousandthrivingconditionreasonablyacceptableto City; removalof debrisfrom sewers and storm drains; and sweeping, repairing, and maintaining in goodand safecondition all streets and street improvements. It shall be Developer' s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform suchmaintenancework when notified to do so by City. If Developerfails to properly prosecuteits maintenanceobligation underthis section, City may do all work necessaryfor such maintenanceand the cost thereof shall be the RIV # 4836- 3917- 8284 Q. ir1 - 4-
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responsibility of Developerand its suretyunderthis Agreement. City shall not beresponsibleor liable for any damagesor injury of any nature in any way related to or causedby the Public Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4. 1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvementswithin oneyear (12months) following approvalof thefinal mapfor Tract MapNo. 35393- 1.
4. 1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understoodthat by providing the Security requiredunder Section 12.0 et seq. of this Agreement, Developerandits suretyconsentin advanceto anyextensionof timeasmaybegivenby City to Developer, and waives any and all right to notice of such extension( s). Developer' s acceptance of an extensionof time grantedby City shall constitutea waiver by Developer and its suretyof all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceedingfiled by City following the dateonwhich the Public Improvementswereto havebeen completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City' s reasonable discretion.
4. 2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineerwith written notice of Developer's intent to abandonor otherwisenot complete required or agreed upon Public Improvements.
4. 3 Developer Obligation Do Not Terminate. Notwithstanding the construction schedule and option for extensions provided in Sections 4. 1 or 4.2, Developer' s failure to complete the Public Improvements or to otherwise satisfy all conditions of approval, or City' s non -extension of the time referencedin those sectionsshall not terminate or otherwise relieve the Developer of the obligation to complete the Public Improvements and conditions of approval and such obligations shall survive the term of this Agreement and shall survive until satisfied in full unless waived or modified by formal action of the City Council.
5. GRADING. Developer agreesthat any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract Map No. 35393- 1 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City' s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineershall havethe authority to requireerosionplansto prescribereasonablecontrolson the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
In order to preventdamageto thePublic Improvementsby improperdrainageor otherhazards, the RIV 44836- 3917- 8284 Q. 1r1 - 5 -
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gradingshallbe completedin accordancewith thetime schedulefor completionof thePublic Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and releaseof the Security as set forth in Section 12.0 et seq. of this Agreement.
6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract Map No. 35393- 1 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedulesand fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicablefederal, state, and local laws, rules, and regulations, including, but not limited to, the requirementsof the cablecompanypossessinga valid franchisewith City to provide suchservice within City' sjurisdictional limits. All utilities shallbe installedunderground.
7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability, payall fees, charges, andtaxesarisingoutof constructionof thePublicImprovements, including, but not limited to, all plan check, designreview, engineering, inspection, and other servicefees, andany impactor connectionfeesestablishedby City ordinance, resolution, regulation, or policy, orasestablishedby City relativeto TractMapNo. 35393-1, orasrequiredby othergovernmental agencieshavingjurisdiction over Tract Map No. 35393-1.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its solecost, expense, and liability, andat all times during constructionof the Public Improvements, maintain reasonable and safe facilities and provide safe accessfor inspection by City of the Public Improvements and areaswhere construction of the Public Improvements is occurring or will occur.
If the City inspectorrequestsit, the Developerat any time beforeacceptanceof the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City' s inspector shall havetheauthorityto stopanyandall work not in accordancewith therequirementscontained or referencedin this Agreement. The inspectionof the work by City shall not relieve Developer or the contractorof any obligations to fulfill this Agreementas herein provided, and unsuitable materialsor work mayberejectednotwithstandingthatsuchmaterialsor work mayhavebeen previously overlooked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or anypartof thePublicImprovementswithin thetimerequiredby thisAgreement, or if Developer failsto complywith anyotherobligationcontainedherein, Developeranditssuretyshallbejointly andseverallyliableto City for all administrativeexpenses, fees, andcosts, includingreasonable attorney'sfeesandcosts, incurredin obtainingcompliancewith this Agreementor in processing any legal actionor for any other remediespermittedby law.
10. ACCEPTANCE OF IMPROVEMENTS; AS - BUILT OR RECORD
DRAWINGS. TheCity Councilmay, in its soleandabsolutediscretion, acceptfully completed portions of the Public Improvements prior to such time as all of the Public Improvements are RIV 94836- 3917- 8284 Q. lrl - 6 -
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complete, which shall not release or modify Developer' s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
10. 1 Developer' s Notice of Completion. Upon the total or partial acceptance of thePublic Improvementsby City, Developershallfile with theRecorder'sOffice of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.
10. 2 City Acceptance of Public Improvements. If Tract Map No. 35393- 1 was approved and recorded as a single phase map, City shall not accept any one or more of the improvementsuntil all of the Public Improvementsarecompletedby Developerandapprovedby City. Issuanceby City of occupancypermitsfor anybuildings or structureslocatedontheProperty shall not be construedin any mannerto constitute City' s acceptanceor approval of any Public Improvements.
10. 3 Developer' s Oblip- ation to Provide As -Built or Record Drawings.
Notwithstanding the foregoing, City may not acceptany Public Improvementsunlessand until Developer provides one ( 1) set of " as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
11. WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvementsagainstanydefectivework or labor done, or defectivematerialsfurnished in the performanceof this Agreement, including the maintenanceof all landscapingwithin the Propertyin avigorous andthriving condition reasonablyacceptableto City, for aperiod of one (1) year following completion of the work andacceptanceby City. During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstructionduring theWarranty shall beatthe solecost, expense, andliability of Developerandits surety. As to anyPublic Improvementswhich havebeenrepaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one ( 1) year period following City' s acceptance of the repaired, replaced, or reconstructedPublic Improvements. Nothing hereinshall relieve Developerfrom any other liability it may haveunder federal, state, or local law to repair, replace, or reconstructany Public Improvementfollowing expiration of the Warranty or any extensionthereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.
12. SECURITY; SURETY BONDS. Prior to City' s approval and execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms setforth below. The amount of the Security shall be basedon the City Engineer' s Estimated Costs.
If City determinesat any time prior to Developer's completion of the Public Improvementsunder Section 4 [ Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer' s compliance with this provision ( Section 12.0 et seq.) shall in no way limit or modify Developer' s indemnification obligation provided in Section 16. 0 of this Agreement.
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12. 1 Performance Bond. To guarantee the faithful performance of the Public Improvementsandall the provisions of this Agreement, to protect City if Developeris in default as set forth in Section 18.0 et seq.- of this Agreement, and to secure Developer' s one- year guarantee andwarrantyof the PublicImprovements, includingthe maintenanceof all landscapingin a vigorousandthrivingcondition, DevelopershallprovideCity a faithfulperformancebondin the amount of sum of ten million two hundred forty three thousand four hundred forty seven dollars ($ 10, 243, 447), which sum shall be not less than one hundred percent ( 100%) of the Estimated Costs.
12. 2 Partial Release. The City Council may, in its soleandabsolutediscretion and upon recommendation of the City Engineer, partially release a portion or portions of the Securityprovidedunderthis sectionasthePublicImprovementsareacceptedby City, provided thatDeveloperis not in defaulton anyprovisionof thisAgreementor conditionof approvalfor TractMapNo. 35393-1, andthetotalremainingSecurityisnotlessthantwenty-fivepercent (25%) of theEstimatedCosts. All Securityprovidedunderthis sectionshallbe releasedatthe endof the Warrantyperiod, or anyextensionthereof asprovided in Section11.0 of this Agreement, provided thatDeveloperis not in defaulton anyprovisionof this Agreementor conditionof approvalfor Tract Map No. 35393- 1.
12. 3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of sum of ten million two hundred forty three thousand four hundred forty seven dollars ($ 10, 243, 447), which sum shall not be less than one hundred percent ( 100%) of the EstimatedCosts. The Securityprovidedunderthis sectionmay bereleased by writtenauthorizationof theCity Engineeraftersix (6) monthsfrom thedateCity acceptsthe Tract Public Improvements. The amountof suchSecurityshall bereducedby thetotal of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent 20%) of suchclaims for reimbursementof City' s anticipatedadministrative and legal expenses arising out of such claims.
12. 4 Additional Requirements. The suretyfor any surety bondsprovided as Securityshallhavea currentA.M. Best's ratingof no lessthanA:VIII, bea bankor insurance companylicensedto transactsuretybusinessin California, andshallbesatisfactoryto City. As part of the obligation securedby the Security and in addition to the face amountof the Security, the Developeror its suretyshall securethe costsandreasonableexpensesandfees, including reasonableattorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
12. 5 Form of Security. The evidenceof the Security shall beprovided on the forms set forth in Attachment " C", unless other forms are deemed acceptable by the City Engineer andtheCity Attorney, andwhensuchformsarecompletedto thesatisfactionof City, theforms andevidenceof theSecurityshallbeattachedheretoasAttachment "C" andincorporatedherein by this reference.
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12. 6 Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agreesto cooperatewith City to facilitate City' s realization underany Security instrument, andto take no action to preventCity from suchrealization under any Security instrument. Notwithstanding the giving of any Security instrumentor the subsequentexpiration of any Security instrumentor any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the costof the labor andmaterialsfor the improvementsrequiredto beconstructedor installedhereby and shall, within ten ( 10) days after written demandtherefor, deliver to City such substitute Security asCity shall require satisfyingthe requirementsin this Section 12.
13. MONUMENT SECURITY. Prior to City' s execution of this Agreement, to guaranteepayment to the engineeror surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monumentsfor Tract Map No. 35393-1 in compliance with the applicable provisions of City' s Municipal and/or Development Code (" Subdivision Monuments"), Developer shall deposit cash with City in the amount of seventy thousand 00/100 dollars 70, 000. 00), which sum shall not be less than one hundred percent ( 100%) of the costs of setting the Subdivision Monuments as determinedby the City Engineer. Said cash deposit may be releasedby written authorizationof the City Engineerafter all required Subdivision Monuments areacceptedby the City Engineer, City hasreceivedwritten acknowledgmentof paymentin full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of anyprovision of this Agreementor condition of approvalfor Tract Map No. 35393-
1. 14. LIEN. To secure the timely performance of Developer' s obligations under this Agreement, including thoseobligationsfor which securityhasbeenprovidedpursuantto Sections
12.0 et sec . and 13.0 of this Agreement, Developerherebycreatesin favor of City a lien against all portions of the Propertynot dedicatedto City or someother governmentalagencyfor a public purpose. As to Developer's default on those obligations for which security has beenprovided pursuantto Sections 12.0 et sed, and 13.0 of this Agreement, City shall first attemptto collect against such security prior to exercising its rights as a contract lienholder under this section.
15. SIGNS AND ADVERTISING. Developer understands and agrees to City' s ordinances, regulations, and requirements governing signs and advertising structures. Developer herebyagreeswith andconsentsto the summaryremovalby City, without noticeto Developer, of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developerandits suretyshall indemnify andhold City free and harmlessfrom any claim or demandarising out of or incident to signs, advertisingstructures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its electedofficials, officers, employees, andagentsfrom anyandall actualor allegedclaims, demands, causesof action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmentalbody or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment RIV 44836- 3917- 8284 v2. 1r1 - 9 -
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of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, andthe reimbursementof City, its electedofficials, officers, employees, and/or agentsfor all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of anyclaim, demand, causeof action, liability, loss, damage, penalty, fine, or injury, to propertyor persons, includingwrongfuldeath, whichis causedsolelyandexclusivelybythegrossnegligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer' s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restrictedto insuranceproceeds, if any, receivedby City, its elected officials, officers, employees, or agents.
17. INSURANCE.
17. 1 Types; Amounts. Developer shall procure and maintain, and shall require its contractorsto procure and maintain, during constructionof any Public Improvementpursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
17. 1.1 General Liability. Developerand its contractorsshall procureand maintainoccurrenceversiongeneralliability insurance, or equivalentform, with acombinedsingle limit of not less than $ 3,000,000 per occurrence for bodily injury, personal injury, and property damage.
17.1.2 BusinessAutomobile Liability. Developerandits contractorsshall procureandmaintainbusinessautomobileliability insurance, or equivalentform, with a combined single limit of not less than $ 1,000,000 per occurrence. Such insurance shall include coverage for theownership, operation, maintenance, use, loading, or unloadingof anyvehicleowned, leased, hired, or borrowedby the insuredor for which the insuredis responsible.
17. 1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the Stateof California andemployers' liability insurancewith limits of not lessthan $1,000,000 per occurrence, at all times during which insured retains employees.
17.1.4 Professional Liability. For any consultant or other professional who will engineeror designthe Public Improvements, liability insurancefor errorsandomissions with limits not less than $ 1,000,000 per occurrence, shall be procured and maintained for a period of five ( 5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
17. 2 Deductibles. Any deductiblesor self-insuredretentionsmust be declared to and approved by City. At the option of City, either: ( a) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or ( b) Developer and its contractors shall provide a financial guaranteesatisfactoryto City guaranteeingpaymentof lossesandrelatedinvestigationcosts, claims, and administrative and defense expenses.
17. 3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional RIV # 4836- 3917- 8284 Q. IrI - 10-
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insuredswith respectto work performedby or on behalfof Developeror its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
17. 4 Primary Insurance; Waiver of Subrogation. The Required Insurance shallbeprimary with respectto anyinsuranceor self-insuranceprogramscoveringCity, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connectionwith any damageor harm coveredby suchpolicy.
17. 5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insuranceand endorsementseffecting coverage for the Required Insurance. The certificatesandendorsementsfor eachinsurancepolicy shall besignedby aperson authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must bereceivedandapprovedby City beforework pursuantto this Agreementcanbegin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
17. 6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City.
17. 7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A. M. Best rating of at least A: VIII.
18. DEFAULT; NOTICE; REMEDIES.
18. 1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determinesthere is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafterdeclareDeveloperto be in default or violation of this Agreementand makewritten demandupon Developeror its surety, or both, to immediately remedythe default or violation. Developer shall commence the work- required to remedy the default or violation within ten ( 10) days of the written demand from the City. If the default or violation constitutes an immediatethreatto the public health, safety, or welfare, City may provide the demandverbally, and Developer shall commence the required work within twenty- four ( 24) hours thereof.
ImmediatelyuponCity's issuanceof thedemandto remedythedefault, Developerandits surety shall beliable to City for all costsof constructionandinstallation of thePublic Improvementsand all other administrative costs expenses as provided for in Section 9. 0 of this Agreement.
18. 2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonabletime designatedby the City, City may complete all remaining work, arrangefor the completion of all remainingwork, and/or conductsuchremedialactivity asin its sole and absolute discretion it believes is required to remedy the default or violation. All such RIV # 4836- 3917- 8284 Q. IrI - 11
17.J.
work or remedialactivity shallbe atthe soleandabsolutecost, expense, andliability of Developer and its surety, without the necessityof giving any further notice to Developer or surety. City' s rightto takesuchactionsshallin no waybelimitedby thefactthatDeveloperor its suretymay haveconstructedany, or noneof the requiredor agreeduponPublic Improvementsat the time of City'sdemandfor performance. In theeventCity electsto completeorarrangefor completionof the remaining work and improvements, City may require all work by Developer or its suretyto cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudicedthereby, City mayalsoprocessa reversionto acreageandthereafterrecoverfrom Developeror its suretythe full costandexpenseincurred.
18. 3 Other Remedies. No action by City pursuant to Section 18.0 et sem. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitableremedy available under this Agreement or any federal, state, or local law. City may exerciseit rights and remediesindependentlyor cumulatively, and City may pursueinconsistent remedies. City may institute an actionfor damages, injunctive relief, or specific performance.
19. GENERAL PROVISIONS.
19. 1 Authority to Enter Agreement. EachParty warrantsthat the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
19. 2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, andshall take any additional actsor sign any additional documentsasmay benecessary, appropriate, or convenient to attain the purposes of this Agreement.
19. 3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall beconstruedsimply, accordingto its fair meaning, andnotstrictlyfor or againstanyParty. Any termreferencingtime, days, orperiodforperformanceshallbedeemedcalendardaysandnotwork days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All referencesto City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of referenceonly, anddonotdefine, limit, augment, or describethescope, content, or intentof this Agreement.
19. 4 Notices. All notices, demands, invoices, and written communications shall bein writing anddeliveredto thefollowing addressesor suchotheraddressesasthePartiesmay designate by written notice:
CITY:
City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
RIV 44836- 3917- 8284 Q. 1rl - 12
17.J.
DEVELOPER/ OWNER:
Lennar Homes of California, LLC,
a California limited liability company
Attn: Lennar Homes
980 Montecito Dr. Suite 302
Corona, CA 92879
Dependinguponthe methodof transmittal, noticeshall be deemedreceivedas follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United StatesPostalServiceanddeliveredby regularmail; by messenger, asof thedatedelivered; andbyU.S. Mail first classpostageprepaid, asof 72hoursafterdepositin theU.S. Mail.
19. 5 Amendment; Modification. No supplement, modification, or amendment of this Agreementshall be binding unlessexecutedin writing andsignedby both Parties.
19. 6 Waiver. City' s failure to insist upon strict compliancewith any provision of this Agreementor to exerciseany right or privilege provided herein, or City' s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the sameor similar type. The foregoing shall be true whether City' s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, anyandall defects, irregularities or deficienciesin the authorization, executionor performanceof the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutionsof City with regardsto the authorization, executionor performanceof the Public Improvements or this Agreement.
19. 7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, eitherdirectly or by operationof law, this Agreementor any interest hereinwithout prior written consentof City. Any attemptto do so shall benull andvoid, andany assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unlessspecifically statedto the contrary in City' s written consent, anyassignment, hypothecation, ortransfershallnotreleaseor dischargeDeveloperfrom anyduty or responsibility underthis Agreement.
19. 8 Binding Effect. Each and all of the covenants and conditions shall be bindingon and shall inureto the benefitof the Parties, andtheir successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
19. 9 No Third Party Beneficiaries. There are no intended third patty beneficiariesof any right or obligation assumedby the Parties.
19. 10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceableby a court of competentjurisdiction, the remaining provisions shall continue in full force and effect.
RIV # 4836- 3917- 8284 Q. 1r1 - 13
17.J.
19. 11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordancewith and governed by the laws of the State of California. Any legal action or proceedingbrought to interpret or enforcethis Agreement, or which in anyway arisesout of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriateCalifornia StateCourt in the County of Riverside, California. EachParty waivesthe benefit of anyprovision of stateor federal law providing for a changeof venueto any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmentalentityis a partyto the actionor proceeding, or that a federalright or questionis involved or allegedto beinvolved in the action or proceeding. Without limiting the generalityof the foregoingwaiver, Developerexpresslywaivesanyright to havevenuetransferredpursuantto California Code of Civil Procedure Section 394.
19.12 Attorneys' Feesand Costs. If anyarbitration, lawsuit, or otherlegalaction or proceedingis broughtby onePartyagainsttheotherPartyin connectionwith this Agreement or theProperty, the prevailingparty, whetherby Tractjudgmentor arbitrationaward, shallbe entitledto andrecoverfrom theotherparty all Litigation Expenses. Any judgment, order, or award enteredin such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.
19. 13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map No. 35393-1, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationshipof partnership, joint venture, or agencybetweenCity andDeveloper. Developer' s contractors and subcontractorsare exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemedto make Developer or its contractorsan agent or contractor of City.
19.14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
19. 15 Effective Date of Agreement. This Agreement shall not become effective until the dateit hasbeenformally approvedby the City andexecutedby theappropriateauthorities of City and Developer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first - above written.
CITY OF HEMET
By.
City anagerJ Ct © C__
e c.-5
ATTEST:
1,
M ep - ---
R1V # 4836- 3917- 8284 Q. Irl - 14-
17.J.
John Paul Maier, gwpwi6yCity Clerk ®' (_.,
I
a1.
f ° i -
L
APPROVED AS TO FORM
yn,......__ .
By:_
Steven Graham, City Attorney/ 1 4e- ,U. -e-:1
SUBDIVIDER/ OWNER
Lennar Homes of California, LLC
a California limited liability company
Geoffrey Smith, Vice President
By:
NOTE: DEVELOPER' S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER' S
BUSINESS ENTITY.
RIV # 4836- 3917- 8284 v2. lrl - 15
17.J.
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notarypublicor other officercompletingthis certificateverifies only the identityof the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF lei S 1
On 34 20 2_ 2 before me, 8 t G+ k- 1 a Notary public, personally appeared c
who proved to me on the basisof satisfactoryevidenceto be the person(s) whosenames(s) is/are subscribedto the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), andthatbyhis/her/theirsignature(s) ontheinstrumenttheperson(s), ortheentityuponbehalfofwhich the person( s) acted, executed the instrument.
I certify underthe PENALTY OF PERJURYunderthe lawsof the State of California that the foregoing paragraph is true and correct. my
KIM STRUTTON
Notary Public •
CaliforniaRiversideCountyWITNESS my hand and official seal.
Commission N 2405490
Comm. ExpiresMay24, 2026
SIGNATURE OF NOTARY)
OPTIONAL
Thoughthedatabelowis not requiredby law, it mayprovevaluableto personsrelyingonthedocumentandcould prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE( S)
PARTNER( S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY- IN- FACT
TRUSTEE( S)
GUARDIAN/ CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON( S) OR ENTITY( IES)) SIGNERS) OTHER THAN NAMED ABOVE RIV # 4836- 3917- 8284 v2. 1
17.J.
EXHIBIT " A"
LEGAL DESCRIPTION OF PROPERTY
TRACT MAP NO. 35393- 1
RealPropertyin theCity of Hemet, Countyof Riverside, Stateof California, describedas follows:
PARCEL ONE:
LOT 1 OF CERTIFICATE OF COMPLIANCE RECORDED JULY 8, 2019, DOCUMENT NO. 2019- 0248781,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCELS 19 AND 22 OF PARCEL MAP NO. 19768, AS SHOWN
BY MAP ON FILE IN
BOOK 123, PAGES 44 THROUGH 49, OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF WARREN ROAD AND
POPLAR STREET, AS
SHOWN ON SAID PARCEL MAP;
THENCE ALONG THE CENTERLINE OF SAID POPLAR STREET NORTH 89055'02" EAST 1792. 56 FEET;
THENCE NORTH 00004'58" WEST 30.00 FEET TO THE INTERSECTION WITH THE
NORTHERLY LINE OF
LOT' Q' AS SHOWN ON SAID PARCEL MAP;
THENCE NORTH 00000' 13" WEST 561. 86 FEET;
THENCE SOUTH 89059' 47" WEST 105. 00 FEET;
THENCE NORTH 00° 00' 13" WEST 60. 71 FEET;
THENCE SOUTH 89059' 470 WEST 490. 00 FEET;
THENCE NORTH 65047' 570 WEST 150. 00 FEET;
RIV # 4836- 3917- 8284 v2. 1 I SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
THENCE NORTH 42022' 52" WEST 225. 00 FEET;
THENCE NORTH 59045' 47" WEST 195. 00 FEET TO THE TRUE POINT OF BEGINNING
AND THE BEGINNING
OF A NON - TANGENT CONCAVE NORTHWEST HAVING A RADIUS OF 400. 00 FEET A
RADIAL LINE TO SAID
CURVE BEARS SOUTH 42° 40' 44" EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 331. 00 FEET THROUGH A
CENTRAL ANGLE OF
147' 24' 45';
THENCE NORTH 00005' 29" WEST 527. 23 FEET TO THE INTERSECTION WITH THE
SOUTHERLY LINE OF
LOT' 0' AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 89052' 25" WEST 799. 41 FEET TO
THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHEAST IN THE SOUTHERLY LINE OF SAID LOT 0' HAVING A RADIUS
OF 25. 00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 39. 22 FEET
THROUGH A CENTRAL ANGLE
OF 89052' 38" TO A POINT ON THE EASTERLY LINE OF LOT P AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG SAID EASTERLY LINE SOUTH 00000' I V EAST 893. 83 FEET TO THE
INTERSECTION WITH
A LINE WHICH BEARS NORTH 89000' 44" WEST ALONG A TANGENT LINE FROM SAID 400. 00 FOOT
RADIUS CURVE;
THENCE ALONG SAID TANGENT LINE SOUTH 8900044" EAST 418. 32 FEET TO THE
TANGENT
INTERSECTION WITH SAID 400. 00 FOOT RADIUS CURVE:
RIV # 4836- 3917- 8284 v2A 2 SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
THENCE EASTERLY ALONG THE ARC OF SAID CURVE 304. 85 FEET THROUGH A
CENTRAL ANGLE OF
43040' 00" TO THE TRUE POINT OF BEGINNING.
APN: 454- 020- 054
PARCEL TWO:
LOT 2 OF CERTIFICATE OF COMPLIANCE RECORDED JULY 8, 2019, DOCUMENT NO. 2019- 0248781,
MORE PARTICULARLY DESCRIBER/ AS FOLLOWS:
BEING A PORTION OF PARCELS 19 THROUGH 22, INCLUSIVE, OF PARCEL MAP NO. 19768, AS SHOWN
BY MAP ON FILE IN BOOK 123, PAGES 44 THROUGH 49, OF PARCEL MAPS,
RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF WARREN ROAD AND
POPLAR STREET, AS
SHOWN ON SAID PARCEL MAP;
THENCE ALONG THE CENTERLINE OF SAID POPLAR STREET NORTH 89055' 02" EAST 1792. 56 FEET;
THENCE NORTH 00004' 58" WEST 30. 00 FEET TO THE INTERSECTION WITH THE
NORTHERLY LINE OF
LOT' Q' AS SHOWN ON SAID PARCEL MAP AND HEREINAFTER REFERRED TO AS POINT ' A';
THENCE NORTH 00° 00' 13" WEST 561. 86 FEET;
THENCE SOUTH 89059' 47" WEST 105. 00 FEET;
THENCE NORTH 00° 00' 13" WEST 80. 71 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89059' 47" WEST 490. 00 FEET;
THENCE NORTH 65047' 57" WEST 150. 00 FEET;
THENCE NORTH 42022' 52" WEST 225. 00 FEET;
RIV 94836- 3917- 8284 v2. 1 3 SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
THENCE NORTH 59045' 47" WEST 195. 00 FEET TO THE BEGINNING OF A NON -
TANGENT CONCAVE
NORTHWEST HAVING A RADIUS OF 400. 00 FEET A RADIAL LINE TO SAID CURVE
BEARSSOUTH
42° 40' 44" EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 331. 00 FEET THROUGH A
CENTRAL ANGLE OF
47° 24' 45";
THENCE NORTH 00° 05' 29" WEST 527. 23 FEET TO THE INTERSECTION WITH THE
SOUTHERLY LINE OF
LOT' 0' AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89052' 25" EAST 923. 88 FEET TO
THE INTERSECTION
WITH A LINE WHICH BEARS NORTH 00° 0013" WEST FROM SAID POINT' A'; THENCE SOUTH 00° 00' 13" EAST 1050. 33 FEET TO A POINT WHICH BEARS NORTH 00000' 13" WEST 722. 07
FEET FROM SAID POINT ' A';
THENCE SOUTH 89059' 47" WEST 105. 00 FEET;
THENCE SOUTH 00000' 13" EAST 99. 50 FEET TO THE TRUE POINT OF BEGINNING.
APN: 454- 020- 055
PARCEL THREE:
LOT 4 OF CERTIFICATE OF COMPLIANCE RECORDED JULY 8, 2019, DOCUMENT NO. 2019- 0248781,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCELS 19, 21 AND 22 OF PARCEL MAP NO. 19768, AS
SHOWN BY MAP ON FILE
1N BOOK 123, PAGES 44 THROUGH 49, OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, STATE
OF' CALIFORNIA, DESCRIBED AS FOLLOWS:
RIV # 4836- 3917- 8284 v2. 1 4 SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
COMMENCING AT THE CENTERLINE INTERSECTION OF WARREN ROAD AND
POPLAR STREET, AS
SHOWN ON SAID PARCEL MAP;
THENCE ALONG THE CENTERLINE OF SAID POPLAR STREETNORTH 89055'02" EAST 1792. 56 FEET;
THENCE NORTH 00°04'58" WEST 30.00 FEET TO THE INTERSECTION WITH THE
NORTHERLY LINE OF
LOT' 0' AS SHOWN ON SAID PARCEL MAP AND THE TRUE POINT OF BEGINNING; THENCE NORTH 0000013" WEST 581.88 FEET; THENCE SOUTH 89°59'47" WEST 105.00 FEET;
THENCE NORTH 00°00'13" WEST 60.71 FEET; THENCE SOUTH 89°59'47" WEST 490.00 FEET;
THENCE NORTH 85047' 57" WEST 150. 00 FEET;
THENCE NORTH 42022'52" WEST 225.00 FEET;
THENCE NORTH 5904547" WEST 195.00 FEET TO THE BEGINNING OF A NON -
TANGENT CONCAVE
NORTHWEST HAVING A RADIUS OF 400.00 FEET A RADIAL LINE TO SAID CURVE
BEARS SOUTH
42° 40' 44" EAST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE 304.65 FEET THROUGH A
CENTRAL ANGLE OF
43' 40' 00';
THENCE NORTH 89°00'44' WEST 418.32FEET TO THE INTERSECTION WITH THE
EASTERLY LINE OF LOT
P' AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG SAID EASTERLY LINE SOUTH 00000'I I" EAST 86.97 FEET TO AN
ANGLE POINT IN SAID
EASTERLY LINE;
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00000'59" WEST 740.28
FEET TO THE
RIV 44836- 3917- 8284 v2. 1 5 SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
BEGINNING OF A TANGENT CURVE CONCAVE NORTHEAST IN THE SAID
NORTHERLY LINE OF SAID LOT
Q' HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 39. 31 FEET THROUGH
A CENTRAL ANGLE
OF 90005' 57"
THENCE ALONG SAID NORTHERLY LINE NORTH 89055' 02" EAST 1743. 27 FEET TO
THE TRUE POINT OF
BEGINNING.
APN: 454- 020- 057
APN: , , and
RIV # 4836- 3917- 8284 v2. 1 6 SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
LIST OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 35393- 1
As provided in this Agreement, Developer shall construct or cause to be constructed all of the Public Improvements identified in the plans listed below:
ONSITE STREET IMPROVEMENT PLAN consisting of 22 sheetspreparedby SB&O Inc. under the supervision of Don Brooks, signed 11/5/2020, and approved by City Acting Principal Engineer on 11/12/2020 to include all approved revisions hereinafter until improvements are accepted by City.
OFFSITE STREET IMPROVEMENT PLAN consistingof 11sheetspreparedby SB&O Inc. under the supervision of Don Brooks, signed 6/4/2020, and approved by City Acting Principal Engineer on 6/24/2020 to include all approved revisions hereinafter until improvements are accepted by City.
TRAFFIC SIGNAL MODIFICATION AND SIGNING AND STRIPING PLANS consisting of 4 sheetspreparedby TJW Engineering, Inc. underthe supervisionof ThomasJosephWheat R.C.E NO. 69467, signed6/9/2020, andapprovedby City Acting Principal Engineeron 9/3/2020 to include all approved revisions hereinafter until improvements are accepted by City.
ONSITE STREET LIGHT PLANS consisting of 11 sheetsprepared by Vision Concepts Lighting underthesupervisionof MarioPerez, signed1/25/2021, andapprovedby City Acting Principal Engineer on 2/ 16/21 to include all approved revisions hereinafter until improvements are accepted by City.
OFFSITE STREET LIGHT PLANS consisting of 11 sheetsprepared by Vision Concepts Lighting underthesupervisionof MarioPerez, signed1/25/2021, andapprovedby City Acting Principal Engineer on 2/ 16/21 to include all approved revisions hereinafter until improvements are accepted by City.
STORM DRAIN IMPROVEMENT PLANS consisting of 18 sheetspreparedby SB&O Inc. under the supervision of Don Brooks dated 11/17/2020 and approved by the City Engineer on 12/8/2020 to include all approved revisions hereinafter until improvements are accepted by City.
OFFSITE SEWER AND WATER IMPROVEMENT PLAN prepared by a California licensed civil engineer ( SB& O Inc.) and as approvedby EasternMunicipal Water District ( EMWD) on 11/5/2020 to include all approved revisions hereinafter until improvements are accepted by City and EMWD.
OFFSITE SEWER AND WATER IMPROVEMENT PLAN prepared by a California licensed civil engineer ( SB& O Inc.) and as approvedby EasternMunicipal Water District ( EMWD) on 11/5/2020 to include all approved revisions hereinafter until improvements are accepted by City and EMWD.
RIV 94836- 3917- 8284 v2. 1r1 I SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
EXHIBIT " C"
SURETY BONDS AND OTHER SECURITY
TRACT MAP NO. 35393- 1
As evidenceof understandingtheprovisionscontainedin thisAgreement, andof theDeveloper's intentto complywith same, the Developerhassubmittedthe belowdescribedsecurityin the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 10, 243, 447
Surety:
Attorney- in- fact:
Address:
LABOR & MATERIAL BOND PRINCIPAL AMOUNT: $ 10, 243, 447
Surety:
Attorney- in-fact:
Address:
CASH MONUMENT SECURITY:
Amount deposited per Cash Receipt No.
RIV # 4836- 3917- 8284 Q. 1 rl
70, 000. 00
Date:
SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois ( herein collectively called the " Companies"), by Robert D. Murray, Vice President, in pursuanceof authority grantedby Article V, Section 8, ofthe By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full torte and effect on the date hereof, do hereby nominate, constitute, and appoint Amanda Turman- Avina , its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly electedofficers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice Presidentdoeshereby certify that the extract set forth on the reverseside hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/ her names and affixed the Corporate Seals of the said ZURICLI AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of July, A. D. 2019. iris(;
cry
L 6 ! tC 5
O'
s SALd'
By: Robert D. Hurray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this I Ith day of July, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice Presidentand DawnE. Brown, Secretaryof theCompanies, to mepersonallyknownto betheindividualsandofficersdescribedin andwho executedthe preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposethand saith, that he/she is the said officer of theCompanyaforesaid, andthatthesealsaffixedto theprecedinginstrumentaretheCorporateSealsof saidCompanies, andthatthesaidCorporateSealsand the signature as such officer were duly affixed and subscribedto the said instrument by the authority and direction of the said Corporations.
W TESTIMONY WHEREOF, I have hereunto setmy hand and affixed my Official Seal the day andyear first above written.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
17.J.
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
RIV # 4836- 3917- 8284 v2. 1 Z SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
September 9, 2022
Christine Broesder
Lennar Corp - Inland Division
980 Montecito Drive, Suite 206
Corona, CA 92879
Subject: " Duplicate Original" New Bond
Principal: Lennar Homes of California, LLC
Obligee: City of Hemet
Bond Description: Performance and Labor and Material Bond water, streetlights, traffic signals & landscaping improvements Bond Amount: $ 10, 243, 447. 00
Bond Number: 9328434
Surety Name: Fidelity and Deposit Company of Maryland
Dear Christine:
Amanda R Turman- Avina
Assistant Vice President, Surety
Marsh USA Inc.
2929 Allen Parkway, Suite 2500
Houston, TX 77019
713- 276- 2270
Amanda. Turman- Avina@marsh. com
www. marsh. com
Streets, drainage, water, sewer, recyled
In response to the request dated 09/ 08/ 2022, 1am pleased to enclose the above - referenced bond document that is based on the information we received with the request.
Prior to filing with City of Hemet the following items need to be completed:
1. Signed by authorized officer
2. Officer' s name and title inserted below signature
3. Corporate seal affixed ( if applicable)
As always, the bond document should be re -checked for accuracy before filing with City of Hemet.
If you have any questions, please feel free to contact me. Thank you for allowing Marsh to service your surety needs.
Sincerely,
Amanda R. Turman- Avina
Assistant Vice President, Surety
Enclosure
MARSH & McLENNAN
SOLUTIONS... DEFINED, DESIGNED, AND DELIVERED. COMPANIES
17.J.
DUPLICATE ORIGINAL
BOND NO. 9328434
INITIAL PREMIUM: $ 28, 169. 00/ annum
SUBJECT TO RENEWAL
Saddle Point Community
CITY OF HEMET
PARCEL MAP 35393- 1 IMPROVEMENTS
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Hemet, California (" City") and Lennar Homes of California, LLC, a California limited liability, (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainagefacilities, traffic controls, landscaping, street lights, and all other requiredfacilities for Parcel Map 35393- 1 ("Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated Improvement Agreement");
WHEREAS, the ImprovementAgreementis herebyreferredto andincorporatedhereinby reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
Fidelity and Deposit Company of Maryland
NOW, THEREFORE, Principal and (" Surety"), a corporation organized and existing underthe laws of the Stateof Illinois , and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of ten million two hundred forty three thousand four hundred forty seven dollars ($ 10, 243, 447), said sum being not less than one hundred percent ( 100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successorsor assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the ImprovementAgreementand any alteration thereof madeastherein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
RIV # 4836- 3917- 8284 v2. 1 1 SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
As part of the obligation securedhereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney'sfees, incurredby City in successfullyenforcingsuchobligation, all tobetaxedascosts and included in any judgment rendered.
Surety, for value received, hereby stipulates and agreesthat no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it doesherebywaive notice of any suchchange, extension of time, alteration, or addition.
This bond is executedand filed to comply with Section66499 et seq. of the Government Code of California as security for performanceof the ImprovementAgreementand security for the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporateseal and the name of the Surety is hereto affixed and attestedby its duly authorized Attorney - in -Fact at Houston, Tx , this 12th day of May , 2021
L.ennar Homes of California, LLC, a
California limited liability company
Principal
By:
Its: \ APits')
print name)
Fidelity and Deposit Company of Maryland
Surety
By. 1.:; Ul
Attorney - In -Fact
Amanda Turman- Avina, Attorney= its-Fact
print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS
BY PRINCIPAL AND SURETY, AND A COPY OF
ATTORNEY TO LOCAL REPRESENTATIVES OF
COMPANY MUST BE ATTACHED TO THIS BOND.
OF EXECUTION
THE POWER OF
THE BONDING
RIV 44836- 3917- 8284 v2. 1 2 SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
CIVIL CODE § 1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocument towhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidityofthatdocument.
State of California
County of r` f
before me, t- , ' J o " j ll c,,
Date Here Insert Nome and Title of the Officer
personally appeared m t fll
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorizedcapacity(ies), andthatbyhis/her/theirsignature(s) ontheinstrumentthe person(s), or theentity upon behalf of which the person( s) acted, executed the instrument. ry
KIM- STRUTTON
NotaryPublic • California
Riverside County
Z Commission M2405490
4, 0% MyComm, ExpiresMay24, 2026
Place Notary Seal and/ or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
tip^•
Signature
u.
Signature of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
C(2019 National Notary Association
Number of Pages:
Signer' s Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
17.J.
State of Texas
County of Harris
ss:
On J , before me, aNotary Public in and for said County and State, residing therein, d4 cor Issioned and sworn, personally appeared Ybuff"
I
a- T14muc
m
known tome to be Attorney -in -Fact of o( f r)UV ki {
thecorporationdescribedinandthatexecutedthewi9n andforeginginstrumentand11nowntomeitj bethepersonwhoexecuted the said instrument in behalf of the said corporation, and he duly acknowledged to inhat such c6Vration executed the sarne.
IN WITNESSWHEREOF, I havehereuntosetmy handandaffixedmy official seal, thedayandyearstatedin thiscertificateabove.
My Commission Expires May 4, 2024
Barbara Norton Notary Public
WOMEN W-
6074
NORTON
17.J.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois ( herein collectively called the " Companies"), by Robert D. Murray, Vice President, in pursuanceof authoritygrantedby Article V, Section8, of theBy -Lawsof saidCompanies, which aresetforth on the reversesidehereofand areherebycertifiedto be in full forceand effecton the datehereof, do herebynominate, constitute, and appoint Amanda Turman- Avina , its true and lawful agentandAttorney -in -Fact, to make, execute, sealanddeliver, for, andon its behalfassurety, andasits actanddeed: any and all bonds and undertakings, and the execution of such bondsor undertakings in pursuanceof thesepresents, shall be asbinding upon said Companies, asfully andamply, to all intentsandpurposes, asif theyhadbeenduly executedandacknowledgedby theregularlyelectedofficersof the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
ThesaidVicePresidentdoesherebycertifythattheextractsetforthon thereversesidehereofis atruecopyof Article V, Section8, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/ her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1Ifit day of July, A. D. 2019.
O'
s
SAL
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
S
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
OnthisI Ith dayof July, A.D. 2019, beforethesubscriber, aNotaryPublicof theStateof Maryland, dulycommissionedandqualified, RobertD.
Murray, VicePresidentandDawnE. Brown, SecretaryoftheCompanies, tomepersonallyknowntobetheindividualsandofficersdescribedinandwho executedtheprecedinginstrument, andacknowledgedtheexecutionofsame, andbeingbymedulysworn, deposethandsaith, thathe/sheisthesaidofficerof theCompanyaforesaid, andthatthesealsaffixedtotheprecedinginstrumentaretheCorporateSealsofsaidCompanies, andthatthesaidCorporateSealsand thesignatureassuchofficerweredulyaffixedandsubscribedto thesaidinstrumentby theauthorityanddirectionof thesaidCorporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sealthe day and year first above written.
Constance A. Dunn, Notary Public
My Commission Expires: Judy9, 2023
17.J.
DUPLICATE ORIGINAL.
BOND NO. 9328434
INITIAL PREMIUM: included in Perf. Bond
SUBJECT TO RENEWAL
Saddle Point Community
CITY OF HEMET
PARCEL MAP 35393- 1 IMPROVEMENTS
FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Hemet California (" City") and Lennar Homes of California, LLC, a California limited liability company (" Principal"), have executed an agreement for work con- sisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentalsfor all grading, roads, paving, curbsandgutters, pathways, stormdrains, sanitarysew- ers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel Map 35393- 1 (" Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated Improvement Agreement");
WHEREAS, the ImprovementAgreementis herebyreferredto andincorporatedhereinby reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreementprovidingthatif Principaloranyof itssubcontractorsshallfail to payforanymaterials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor donethereonof any kind, or for amountsdue underthe provisions of Title 15 (commencingwith section3082) of Part 4 of Division 3 of the California Civil Code, with respectto suchwork or labor, that the Surety on this bond will pay the same togetherwith a reasonableattorney's feein casesuit is brought on thebond.
Fidelity and Deposit Company of Maryland
NOW, THEREFORE, Principal and (" Surety"), a corporation organized and existing underthe laws of the Stateof Illinois and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporationsrentingorhiringteams, or implementsormachinery, for orcontributingtothePublic Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work andmaterialsasaforesaidexceptingthe Principal, the sumof tenmillion two hundredforty threethousandfour hundredforty sevendollars ($10, 243, 447), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
RIV 44836- 3917- 8284 v2. 1 I SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other suppliesor machineryusedin, upon, for or aboutthe performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation securedhereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney'sfees, incurredby City in successfullyenforcingsuchobligation, all to betaxedascosts and included in any judgment rendered.
This bond is executedand filed to comply with Section 66499 et s„q. of the California GovernmentCodeassecurityfor paymentto contractors, subcontractors, andpersonsfurnishing labor, materials, or equipment for construction of the Public Improvements or performance of the ImprovementAgreement. It isherebyexpresslystipulatedandagreedthatthisbondshallinureto thebenefitof anyandall persons, companies, andcorporationsentitledto file claimsunderTitle 15 (commencingwith Section3082) of Part4 of Division3 of theCaliforniaCivil Code, soasto give a right of action to themor their assignsin any suit broughtuponthis bond.
Surety, for value received, herebystipulatesandagreesthat no change, extensionof time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it doesherebywaive notice of any suchchange, extension of time, alteration, or addition.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporateseal and the name of the Surety is heretoaffixed and attestedby its duly authorized Attorney -in -Factat Houston, Texas , this 12th day of May 2021
Lennar Homes of California, LLC,
a California limited liability company
Principal
By:
Its: Vi LQ Y'/ 9
print name)
Fidelity and Deposit Company of Maryland
Surety
N
Attorney -In -F ct
Amanda Turman-Avina attorney-iH' act
print name)
RIV # 4836- 3917- 8284 v2. 1 2
SUBDIVISION IMPROVEMENT AGREEMENT
17.J.
CIVIL CODE § 1189
Anotarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of \ 5 L
On
personally
before mei a ,
Date Here Insert Name and Title of the Officer
appeared l
Nome( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
Ste. o ryf KIM STRU70N
NotaryPublic • California
4 Riverside County
i Commission k 2405490
MyComm. ExpiresMay24. 2026
Place Notary Seal and/ or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
WV A IV19P'! 8.
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name:
Corporate Officer — Title( s):
Partner Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
2019 National Notary Association
Number of Pages:
Signer' s Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer is Representing:
17.J.
State of Texas
ss:
County of Harris
On /%' r0 \
1111
11 , beforeme, aNotaryPublicin andfor saidCountyandState, residing therein, duly commissioned and sworn, personally appeared known to me to be Attorney -in -Fact of NdpOwd / Am9W, 6C A
r
thecorporationdescribedin andthatexecutedthewon andforeg ing instiffirientlandown to me be the person who executed thesaidinstrumentin behalfof thesaidcorporation, andhedulyacknowledgedtome ratsuchcorporationexecutedthesame.
INWITNESSWHEREOF, I havehereuntosetmyhandandaffixedmyofficialseal, thedayandyearstatedinthiscertificateabove.
My Commission Expires May a, 2024
b. na Norton Notary Public
BARBARA
NORTON
NotaryIf)#
132462379
commission
Expires
MY
MaY Z4 2A
17.J.
ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION
IMPROVEMENT AGREEMENT
This ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION
IMPROVEMENT AGREEMENT (" Assumption & Amendment") is made and entered into as of the [2nd] dayof November, 2022, by andamongtheCITY OFHEMET, amunicipalcorporation of the State of California (" City"), and Lennar Homes of California, LLC (" Lennar LLC").
RECITALS
A. City and Lennar Homes of California, Inc., (" Lennar Inc.") entered into that certain Subdivision Improvement Agreement, dated [ 8/ 31/ 22] (" SIA"), pursuant to which Lennar Inc., as the " Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/ or private improvements on Tract No. [ 35393- 1] (" Tract"), asmore fully describedin Exhibit " A" of the SIA (" Improvements").
B. OnJanuary31, 2022, LennarInc., convertedinto a limited liability company, andis hereafter known Lennar LLC. Lennar LLC is for all purposes the same entity that existed prior to conversion. All property owned, obligations, and causesof action that existed prior to the conversion remain with the resulting entity - Lennar LLC.
C. By this Assumption & Amendment, Lennar LLC desiresto confirm it shall be bound by the obligations of Lennar Inc. under the SIA, including all of Lennar Inc.' s rights and obligations thereunder, subject to the terms of this Assumption & Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenantsand promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which areherebyacknowledged, thepartiesheretoagreeasfollows:
1. Assumption. Lennar LLC hereby assumesall rights, title, and interest in and to, and obligations under, the SIA. City hereby consentsto the foregoing assumption.
2. Replacementof Improvement Security. Pursuantto the SIA, Lennar Inc. had furnished the City security for the Improvements in the form of:
a) A Faithful Performance Bond in the amount of $ 10, 243, 447. 00 for the following improvements: " Public Improvements" as set forth in Subdivision Improvement Agreement. b) A Labor and Material Bond in the amount of $ 10, 243, 447. 00 for the following improvements: " Public Improvements" as set forth in Subdivision Improvement Agreement. c) Other ( Specify type and amount): Monument Security $ 70, 000. 00 For purposes of this Assumption & Amendment, such security in the aggregateshall be hereinafter referred to as " Improvement Security." Lennar LLC hereby warrants that within five 5) days of this executed Assumption and Amendment, it shall replace Lennar Inc.' s Improvement Security with security in the nameof Lennar LLC in an amount equal to the
17.J.
Improvement Security. Lennar LLC' s security shall be in full compliance with the terms and conditions stated in the SIA for such security.
2. Solvency. As a material inducementto the City to enter into the Assumption & Amendment, that Lennar LLC is solvent and hasthe financial capability of fulfilling eachand every obligation and duty it takes on by way of this Assumption & Amendment.
4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assumption & Amendment in its entirety and Lennar LLC agreesandwarrantsthatit assumesandis boundby eachobligationfoundin theSIA in the same manner as Lennar Inc. prior to this Assumption & Amendment.
Signatures]
CITY OF HEMET
Eddie Pust
Interim City Manager
ATTEST:
Jo n Maier, City Clerk
APPROVED AS TO FORM:
Steuen- Graharnee.- i
4r --
City Attorney
G 1 ( OP
LENNAR HOMES OF CALIFORNIA, LLC
By: _
Title
By: _
Title:
Geoff Smith, Vice President
Notary Acknowledgement Required]
17.J.
ACKNOWLEDGMENT
A notarypublicorotherofficercompletingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
va-1- ity of that document.
State of Calif nia
County of s i c.
On . , a DIbefore me, ! ff. C. lei U, i cel ,
insert name and title of the officer)'
personally appeared czwO'c- c- vvi i Z
whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s) whosenames) is/are subscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies), andthatbyhis/her/theirsignature(s) ontheinstrumentthe person(s), ortheentityuponbehalfofwhichtheperson(s) acted, executedtheinstrument.
IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraph is true and correct.
WITNESS my hand and officialseal.
Signature " `'
N a
Seal)
a Il— — — —
KIM STRUTTON
Notary Public - California
RiversideCounty
Im
Commission # 2405490
Comm. ExpiresMay24, 2026
m..
17.J.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Aug 11 2026
Department: Public Safety
Submitted by: Noah Rau, Interim City Manager
Jilleen Ferris, Interim Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution Awarding Contactor Agreement #2027-002 to CT&T Concrete Paving, Inc. for the Acacia Avenue Sidewalk and ADA Improvement Project (CIP 2411)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2026-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, AWARDING THE CONSTRUCTION AGREEMENT FOR THE ACACIA AVENUE ACCESSIBLE SIDEWALK AND ADA IMPROVEMENT PROJECT, CIP NO. 2411, TO CT&T CONCRETE PAVING, INC. IN THE AMOUNT OF $348,690.00; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONSTRUCTION AGREEMENT AND ALL NECESSARY CONTRACT DOCUMENTS; APPROVING ADDITIONAL CONSTRUCTION EXPENDITURES NOT TO EXCEED 10% OF THE CONTRACT AMOUNT OR $34,869; AND AUTHORIZING THE CITY
CLERK TO RECORD THE NOTICE OF COMPLETION UPON ACCEPTANCE OF THE WORK BY THE CITY ENGINEER.
EXECUTIVE SUMMARY:
The Accessible Sidewalk/ADA Project (CIP No. 2411) will improve pedestrian accessibility by constructing new ADA-compliant sidewalks, curb ramps, driveway approaches, and related accessibility improvements along portions of Acacia Avenue and Ramona Street. The project was advertised for competitive bidding on June 4, 2026, and 14 bids were received by the June 29, 2026 bid deadline. Following review of the bids, staff determined that CT&T Concrete Paving, Inc. submitted the lowest responsive and responsible bid. Staff recommends that the City Council award the construction contract to CT&T Concrete Paving, Inc.
SB 1439 / LEVINE ACT: GOVERNMENT CODE SECTION 84308 APPLICABILITY:
This agenda item may involve a contract, franchise, license, permit, land use approval, or other discretionary entitlement for use subject to Government Code section 84308. Councilmembers should review their campaign contribution records to determine whether they have received campaign
17.K.
contributions totaling more than $500 within the preceding 12 months from any party, participant, or other person whose contribution may be attributable under the Levine Act and FPPC regulations. If applicable, Councilmembers must disclose the contribution on the record and determine whether recusal or other compliance action is required. Applicants, contractors, and other parties or participants are also reminded of their disclosure obligations under Government Code section 84308 and applicable FPPC regulations.
BACKGROUND/ANALYSIS:
The Accessible Sidewalk/ADA Project, CIP No. 2411, is funded through the City’s Community Development Block Grant (CDBG) program and is intended to improve pedestrian access and remove barriers within the public right-of-way by bringing existing sidewalk facilities into compliance with current Americans with Disabilities Act (ADA) standards.
The project scope generally consists of the construction of ADA-accessible sidewalks, ADA curb ramps, and concrete driveway approaches in areas where these facilities are either currently missing or do not meet applicable accessibility standards. The project also includes replacement of non- compliant concrete improvements, grading, compaction, removal and disposal of existing improvements, relocation of existing items as needed, and other incidental work necessary to complete the improvements.
The work will occur along portions of the following locations:
North side of Acacia Avenue from S. Gilbert Street to S. Santa Fe Street; and East and west sides of Ramona Street from Acacia Avenue to Kimball Avenue.
The project includes several accessibility improvements, including the construction and replacement of approximately 9,400 square feet of sidewalk, removal and replacement of approximately 9,800 square feet of existing sidewalk, installation of six ADA-compliant curb ramps and seven detectable warning surfaces, improvements to approximately 3,600 square feet of driveway approaches, curb and gutter improvements, and associated pedestrian, pavement, and site restoration improvements.
The City issued a Notice Inviting Bids on June 1, 2026. The project was advertised in the Press- Enterprise on June 4, 2026 (Attachment 4), and bid notifications were distributed to 506 vendors. Bids were due on June 29, 2026, and the City received 14 bids which are shown below:
BIDDER AMOUNT
CT&T CONCRETE PAVING, INC. $348,690.00
DT STELLAR GENERAL ENGINEERING $359,810.00
HORIZON UNDERGROUND INC $362,100.62
CARTER ENTERPRISES GROUP INC. $398,888.00
NARROW PATH ENGINEERING INCORPORATED $409,198.32
S&H CIVILWORKS $413,400.00
LC PAVING & SEALING, INC. $421,480.00
NIEVES GENERAL ENGINEERING, INC. $449,400.00
VOLTAIRE ENGINEERING $458,650.00
TVR CONSTRUCTION ENGINEERING LLC $472,200.00
NEXGEN CONSTRUCTION $495,000.00
17.K.
GENTRY GENERAL ENGINEERING, INC. $501,522.00
UNIVERSAL CONSTRUCTION AND ENGINEERING $502,200.00
LCR EARTHWORK & ENGINEERING, CORP. $526,260.00
Following review of the submitted bids, Staff determined that CT&T Concrete Paving, Inc. submitted the lowest responsive bid and is a responsible bidder that meets the requirements of the bid documents. Staff recommends waiving CT&T Concrete Paving, Inc.’s omission of subcontractor bid copies as a minor bid irregularity. While the Notice Inviting Bids requires bidders to submit copies of subcontractor bids and provides that the City may reject a bid that does not include required subcontractor documentation, it also expressly reserves the City’s discretion to waive informalities or minor irregularities in any bid.
In this instance, Staff determined that the omission did not affect the amount of CT&T Concrete Paving, Inc.’s bid, provide an unfair competitive advantage, or compromise the integrity of the competitive bidding process. Staff’s review of the fourteen (14) bids received found that only one bidder included subcontractor bid copies as required by the Notice Inviting Bids, indicating that the requirement was not treated as a material bid condition by the majority of bidders. Accordingly, waiving this minor irregularity is in the public interest and will allow the City to proceed with the timely and economical completion of the project.
DISCUSSION:
Award of the construction contract will allow the City to proceed with construction of critical pedestrian accessibility improvements along Acacia Avenue and Ramona Street. The project will enhance pedestrian mobility by improving sidewalk connectivity, upgrading non-compliant ADA facilities, and creating safer routes for residents with mobility limitations.
Construction activities will include the removal and replacement of deteriorated or non-compliant concrete improvements, installation of ADA-compliant curb ramps and detectable warning surfaces, and other related roadway, pedestrian, and site restoration improvements necessary to complete the work.
These improvements will remove existing barriers to accessibility, improve compliance with the Americans with Disabilities Act (ADA), and provide safer pedestrian access for residents of all ages and abilities.
This project is also identified within the City’s ADA Transition Plan and represents one of the City's ongoing implementation efforts to address prioritized accessibility barriers within the public right-of- way. Completion of this project supports the City’s ongoing efforts to systematically improve ADA compliance and expand safe, accessible pedestrian infrastructure citywide.
Staff recommends awarding the construction contract to CT&T Concrete Paving, Inc. in the amount of $348,690.00, and authorizing a 10 percent construction contingency of $34,869.00, for a total authorization not-to-exceed $383,559.00, to complete the work in accordance with the Contract Agreement (Attachment 3).
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PREVIOUS COUNCIL ACTION:
April 14, 2026 – The City Council approved the Annual Action Plan, which allocated Community Development Block Grant (CDBG) funding for the Accessible Sidewalk/ADA Project, CIP No. 2411.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
There is no impact to the General Fund as the Accessible Sidewalk and ADA Improvement Project, CIP No. 2411, is funded through the City’s Community Development Block Grant (CDBG) Program.
The total available project allocation is approximately $600,000, which is sufficient to cover all project- related costs, including design, advertisement, construction, and contingency. The project budget is summarized below:
TKE Engineering - Survey $15,320.00
Press Enterprise AD Posting $226.84
Construction Contract Agreement $348,690.00
10% Construction Contingency $34,869.00
TOTAL $399,105.84
Based on the current award and projected expenditures, the remaining CDBG funds will be transferred out of account 240.10.5000.65500.2411U, returned to the City’s CDBG program account, and will be available for reallocation to future eligible capital improvement project(s).
ALTERNATIVE(S):
1. Do not approve the Contract Agreement between the City and CT&T Concrete Paving, Inc.
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment No. 1 - Reso. No. 2026-125
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Attachment No. 2 - Bid Summary
Attachment No. 3 - CT&T Concrete Paving, Inc. - CDBG Funded Accessible Sidewalks - 2027-002 Attachment No. 4 - Proof of Publication Press Enterprise Attachment No. 5 - Aerial Map of Project Location
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CITY OF HEMET RESOLUTION NO. 2026-125 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING THE
CONSTRUCTION AGREEMENT FOR THE ACACIA
AVENUE ACCESSIBLE SIDEWALK AND ADA
IMPROVEMENT PROJECT, CIP NO. 2411, TO CT&T
CONCRETE PAVING, INC. IN THE AMOUNT OF
MANAGER TO CITY THE AUTHORIZING $348,690.00;
EXECUTE THE CONSTRUCTION AGREEMENT AND ALL
NECESSARY CONTRACT DOCUMENTS; APPROVING
ADDITIONAL CONSTRUCTION EXPENDITURES NOT TO
EXCEED 10% OF THE CONTRACT AMOUNT OR $34,869;
AND AUTHORIZING THE CITY CLERK TO RECORD THE
NOTICE OF COMPLETION UPON ACCEPTANCE OF THE
WORK BY THE CITY ENGINEER.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet solicited competitive bids for the Accessible Sidewalk and ADA Improvement Project, CIP No. 2411, in accordance with applicable public contracting requirements; and
WHEREAS, the Notice Inviting Bids was issued on June 1, 2026, the project was advertised the in Press Enterpriseand bid were 2026, notifications 4, on June distributed to 506 vendors; and
WHEREAS, bids were publicly opened on June 29, 2026, and fourteen (14) bids were received; and
WHEREAS, staff received, bids the after determined CT&T reviewing that Concrete Paving, Inc. submitted the lowest responsive and responsible bid in the
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CITY OF HEMET RESOLUTION NO. 2026-125 2
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amount of Three Hundred Forty-Eight Thousand Six Hundred Ninety Dollars ($348,690.00); and
WHEREAS, the City Council finds that the omission of subcontractor bid copies from CT&T Concrete Paving, Inc.'s bid constitutes a minor, non-material bid irregularity that did not affect the amount of the bid, provide CT&T Concrete Paving, Inc. with an unfair the of the impair or integrity other over advantage competitive bidders, competitive bidding process, and that waiving the irregularity is in the public interest and will allow for the timely and economical completion of the Project; and WHEREAS, contract the awarding that finds the City to Council CT&T Concrete Paving, Inc. is in the best interest of the City and will facilitate the construction of City's pedestrian the Capital in critical improvements accessibility identified Improvement Program and ADA Transition Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. set recitals forth above are true and correct and are The incorporated herein by this reference.
SECTION 2. The City Council hereby waives the omission of subcontractor bid copies from CT&T Concrete Paving, Inc.'s bid package as a minor, non-material bid irregularity.
SECTION 3. The City Council hereby awards the construction contract for the Accessible 2411, CT&T Sidewalk and ADA Improvement Project, CIP No. to
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CITY OF HEMET RESOLUTION NO. 2026-125 3
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Concrete Paving, Inc. in the amount of Three Hundred Forty-Eight Thousand Six Hundred Ninety Dollars ($348,690.00).
SECTION 4. The City Council hereby approves a ten percent (10%) construction contingency in the amount of Thirty-Four Thousand Eight Hundred Sixty-Nine Dollars ($34,869.00), for a total not-to-exceed contract authorization of Three Hundred Eighty- Three Thousand Five Hundred Fifty-Nine Dollars ($383,559.00).
SECTION 5. The City Council hereby authorizes the City Manager to execute the construction all agreement and necessary contract documents with CT&T Concrete Paving, Inc. and to approve change orders within the approved contingency amount. The City Clerk is also authorized to record a notice of completion upon acceptance of the work by the City Engineer.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 11th day of August, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
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CITY OF HEMET RESOLUTION NO. 2026-125 4
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia Butler, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11th day of August 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
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City of Hemet
Submissions for Solicitation CDBG Funded Accessible Sidewalk/ADA Project - CIP 2411 Issued on 06/01/2026
Submissions Due on June 29, 2026 3:00 PM (PDT)
Exported on 06/29/2026
Line Totals (Unit Price * Quantity)
UOM QTY Unit Price Line Total U Item Num Description nit Price Line Total Unit Price Line Total Comments 1 Mobilization / Demobilization (not to exceed 5%) LS 1 $16,000.00 $16,000.00 $14,000.00 $14,000.00 $17,400.00 $17,400.00 2 Traffic and Pedestrian Control LS 1 $9,500.00 $9,500.00 $10,000.00 $10,000.00 $9,243.75 $9,243.75 3 Water Quality Control LS 1 $1,100.00 $1,100.00 $2,500.00 $2,500.00 $3,806.25 $3,806.25 4 Temporary Construction Project Identification Signage EA 1 $1,900.00 $1,900.00 $1,200.00 $1,200.00 $2,718.75 $2,718.75 5 Signing and Striping $3,190.00 $3,190.00 $3,190.00 $3,190.00 $4,078.13 $4,078.13 1 LS 6 Remove Existing and Construct Curb Ramp EA 6 $6,520.00 $39,120.00 $7,500.00 $45,000.00 $4,426.13 $26,556.78 7 Construct 4" Sidewalk SF 9400 $9.00 $84,600.00 $7.50 $70, 500.00 $10.82 $101,708.00 $101,713.88 8 Remove Existing and Construct Driveway SF 3600 $19.00 $68,400.00 $13.00 $46, 800.00 $16.48 $59,328.00 $59,312.25 9 Remove Existing and Construct Type "A" Curb and
Gutter LF 30 $55.00 $1,650.00 $85.00 $2,550.00 $59.01 $1,770.30 $1,770.23 10 Remove Existing and Construct Type "B" Curb and
Gutter $93.00 $13,020.00 $85.00 $11,900.00 $69.55 $9,737.00 $9,736.39 140 LF 11 Install Detectable Warning Surface on Existing Curb
Ramp $750.00 $5,250.00 $750.00 $5, EA 7 250.00 $598.13 $4,186.91 $4,186.88 12 Sawcut, Remove and Construct smooth Pavement
Joint Transition SF 2800 $9.50 $26,600.00 $11.00 $30, 800.00 $16.04 $44,912.00 $44,913.75 13 Remove Existing and Construct Spandrel SF 600 $22.00 $13,200.00 $25.00 $15, 000.00 $24.14 $14,484.00 14,485.50 14 Grind existing concrete sidewalk to create smooth ADA compliant transition LS 1 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $1,305.00 $1,305.00 15 Cut, Remove and Dispose of Existing Vegetation,
including removing Weeds, Trimming Trees, and
Clearing Overgrown Plants along project area $15,000.00 $15,000.00 $6,500.00 $6,500.00 $9,352.50 $9,352.50 LS 1 16 Construct Curb Outlet with Concrete Slab EA 3 $800.00 $2,400.00 $6,500.00 $19,500.00 $2,392.50 $7,177.50 17 Remove Existing Sidewalk SF 9800 $2.60 $25,480.00 $4.50 $44, 100.00 $1.41 $13,818.00 $13,854.75 18 Remove Existing Curb and Construct Type D Curb LF 50 $15.00 $750.00 $75.00 $3,750.00 $77.21 $3,860.50 $3,860.63 19 Remove 10-inch below Proposed and Construct 4-inch
AC Pavement Over 6" Class 2 Aggregate Base SF 750 $15.00 $11,250.00 $25.00 $18, 750.00 $28.28 $21,210.00 $21,206.25 20 Remove, Store, Clean, Relocate Sign EA 1 $600.00 $600.00 $1,200.00 $1,200.00 $1,631.25 $1,631.25 21 Install 3" Thick of 1" Decomposed Granite SF 360 $13.00 $4,680.00 $12.00 $4, 320.00 $10.60 $3,816.00 $3,817.13 Subtotal $348,690.00 $359,810.00 $362,100.62
$359,810.00 $362,100.62 $348,690.00 Total
CT&T Concrete Paving, Inc. DT Stella r General Eng Horizon Underground Inc
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Unit Price Line Total Unit Price Line Total Unit Price Line Total U nit Price Line Total Unit Price Line Total Unit Price Line Total $14,613.00 $14,613.00 $43,000.00 $43,000.00 $15,000.00 $15,000.00 $14,500.00 $14,500.00 $9,000.00 $9,000.00 $5,000.00 $5,000.00 $28,000.00 $28,000.00 $6,775.00 $6,775.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $2,820.00 $2,820.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $2,820.00 $2,820.00 $1,200.00 $1,200.00 $4,500.00 $4,500.00 $1,800.00 $1,800.00 $10,000.00 $10,000.00 $2,000.00 $2,000.00 $3,675.00 $3,675.00 $6,561.00 $6,561.00 $8,000.00 $8,000.00 $3,300.00 $3,300.00 $8,000.00 $8,000.00 $5,000.00 $5,000.00 $6,369.00 $38,214.00 $5,996.87 $35,981.22 $10,000.00 $60,000.00 $5,950.00 $35,700.00 $4,500.00 $27,000.00 $9,000.00 $54,000.00 $11.00 $103,400.00 $8.00 $75,200.00 $11.00 $103,400.00 $9.25 $86,950.00 $12.50 $117,500.00 $15.00 $141,000.00 $20.00 $72,000.00 $17.06 $61,416.00 $18.00 $64,800.00 $21.00 $75,600.00 $15.50 $55,800.00 $22.00 $79,200.00 $82.00 $2,460.00 $65.75 $1,972.50 $150.00 $4,500.00 $200.00 $6,000.00 $120.00 $3,600.00 $110.00 $3,300.00 $82.00 $11,480.00 $64.17 $8,983.80 $150.00 $21,000.00 $75.00 $10,500.00 $110.00 $15,400.00 $85.00 $11,900.00 $828.00 $5,796.00 $750.00 $5,250.00 $1,500.00 $10,500.00 $2, 150.00 $15,050.00 $1,000.00 $7,000.00 $300.00 $2,100.00 $11,200.00 $9.67 $27,076.00 $10.00 $28,000.00 $4.00 $11.00 $30,800.00 $15.00 $42,000.00 $9.00 $25,200.00 $19,800.00 $30.13 $18,078.00 $30.00 $18,000.00 $33.00 $23.50 $14,100.00 $90.00 $54,000.00 $25.00 $15,000.00 $2,300.00 $2,300.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $2,950.00 $2,950.00 $2,000.00 $2,000.00 $6,000.00 $6,000.00 $24,000.00 $24,000.00 $4,200.00 $4,200.00 $3,000.00 $3,000.00 $8,450.00 $8,450.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,000.00 $18,000.00 $12,800.00 $38,400.00 $3,800.00 $11,400.00 $7,750.00 $23,250.00 $5,000.00 $15,000.00 $1,500.00 $4,500.00 $1.50 $14,700.00 $3.26 $31,948.00 $3.00 $29,400.00 $2.75 $26,950.00 $4.00 $39,200.00 $5.00 $49,000.00 $73.00 $3,650.00 $83.00 $4,150.00 $140.00 $7,000.00 $140.00 $7,000.00 $10.00 $500.00 $95.00 $4,750.00 $20.00 $15,000.00 $38.00 $28,500.00 $10.00 $7,500.00 $26.50 $19,875.00 $10.00 $7,500.00 $30.00 $22,500.00 $1,000.00 $1,000.00 $500.00 $500.00 $500.00 $500.00 $285.00 $285.00 $1,500.00 $1,500.00 $800.00 $800.00 $3,960.00 $11.13 $4,006.80 $15.00 $5,400.00 $11.00 $9.50 $3,420.00 $40.00 $14,400.00 $15.00 $5,400.00 $458,650.00 $421,480.00 $409,198.32 $398,888.00 $449,400.00 $413,400.00 $458,650.00 $421,480.00 $409,198.32 $398,888.00 $449,400.00 $413,400.00 Nieves LC Paving & Sealing, Inc. Voltaire Engineering General Eng NARROW PATH ENG Carter Enterprises Group Inc. S&H Civilworks
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Unit Price Line Total Unit Price Line Total Unit Price L ine Total Unit Price Line Total Unit Price Line Total $10,000.00 $10,000.00 $20,000.00 $20,000.00 $19,450.00 $19,450.00 $25,000.00 $25,000.00 $25,060.00 $25,060.00 $15,000.00 $15,000.00 $37,000.00 $37,000.00 $42,030.00 $42,030.00 $40,000.00 $40,000.00 $75,000.00 $75,000.00 $7,500.00 $7,500.00 $15,000.00 $15,000.00 $4,345.00 $4,345.00 $3,635.00 $3,635.00 $8,000.00 $8,000.00 $3,000.00 $3,000.00 $3,500.00 $3,500.00 $2,545.00 $2,545.00 $4,700.00 $4,700.00 $3,500.00 $3,500.00 $10,000.00 $10,000.00 $14,000.00 $14,000.00 $7,855.00 $7,855.00 $10,600.00 $10,600.00 $5,000.00 $5,000.00 $9,000.00 $54,000.00 $6,200.00 $37,200.00 $7,530.00 $45,180.00 $9,700.00 $58,200.00 $10,000.00 $60,000.00 $13.00 $122,200.00 $13.00 $122,200.00 $13.00 $122, 200.00 $11.20 $105,280.00 $10.00 $94,000.00 $20.00 $72,000.00 $15.00 $54,000.00 $22.00 $79, 200.00 $20.80 $74,880.00 $20.00 $72,000.00 $95.00 $2,850.00 $115.00 $3,450.00 $112.00 $3, 360.00 $75.00 $2,250.00 $95.00 $2,850.00 $110.00 $15,400.00 $105.00 $14,700.00 $121.00 $16, 940.00 $80.00 $11,200.00 $85.00 $11,900.00 $1,500.00 $10,500.00 $850.00 $5,950.00 $3,510.00 $24, 570.00 $2,000.00 $14,000.00 $1,000.00 $7,000.00 $14.00 $39,200.00 $14.00 $39,200.00 $9.00 $25, 200.00 $9.00 $25,200.00 $15.00 $42,000.00 $30.00 $18,000.00 $20.70 $12,420.00 $55.00 $33, 000.00 $46.00 $27,600.00 $30.00 $18,000.00 $3,000.00 $3,000.00 $9,500.00 $9,500.00 $1,370.00 $1,370.00 $1,800.00 $1,800.00 $5,000.00 $5,000.00 $13,000.00 $13,000.00 $10,000.00 $10,000.00 $6,500.00 $6,500.00 $7,700.00 $7,700.00 $15,000.00 $15,000.00 $5,000.00 $15,000.00 $3,700.00 $11,100.00 $1,215.00 $3,645.00 $6,500.00 $19,500.00 $1,500.00 $4,500.00 $3.00 $29,400.00 $5.00 $49,000.00 $4.55 $44, 590.00 $4.05 $39,690.00 $5.00 $49,000.00 $65.00 $3,250.00 $126.00 $6,300.00 $78.00 $3, 900.00 $67.00 $3,350.00 $105.00 $5,250.00 $30.00 $22,500.00 $32.00 $24,000.00 $18.00 $13, 500.00 $31.50 $23,625.00 $20.00 $15,000.00 $1,000.00 $1,000.00 $1,800.00 $1,800.00 $990. 00 $990.00 $750.00 $750.00 $1,000.00 $1,000.00 $15.00 $5,400.00 $13.00 $4,680.00 $3.20 $1, 152.00 $9.00 $3,240.00 $20.00 $7,200.00 $526,260.00 $501,522.00 $472,200.00 $502,200.00 $495,000.00 $526,260.00 $501,522.00 $472,200.00 $502,200.00 $495,000.00 LCR Earthwork & Eng UNIVERSAL CONST AND ENG Nexgen Construction TVR Construction Engineering LLC Gentry General Eng
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1 Project No. 2411
CONTRACTOR AGREEMENT
By and Between
The City of Hemet,
a California municipal corporation
and
CT&T Concrete Paving, Inc.
a California corporation
AGREEMENT # 2027-002
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2 Project No. 2411
CITY OF HEMET BID AND CONTRACT DOCUMENTS
CITY OF HEMET CONTRACTOR AGREEMENT # 2027-002
CDBG Funded Accessible Sidewalk/ADA Project - CIP 2411
This City of Hemet Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Hemet (“Agency”), and CT&T Concrete Paving, Inc. (“Contractor”) on the 12th day of August, 2026.
In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the CDBG Funded Accessible Sidewalk/ADA Project - CIP 2411 to be constructed at portions of the Northside of Acacia Ave from S Gilbert St to S Santa Fe St and portions of the East and Westsides of Romona St from Acacia Ave to Kimball Ave, in the City of Hemet, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, Greenbook 2024 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
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3 Project No. 2411
a) Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents. If Contractor
b) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Contractor shall notify the Agency in writing whenever it has reason to believe that the costs the Contractor expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Contractor shall provide the Agency a revised estimate of the total cost of performing this Agreement.
4. DELAYS AND EXTENSIONS OF TIME
a) Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6-4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the provisions of Section 6-4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.
b) to shall Agency (RFIs). Information respond Requests to Response for Contractor’s written Requests for information (RFIs) within ten (10) business days of receipt by the Agency’s authorized representative. If Agency fails to respond within this timeframe and such delay impacts the critical path of the Work or prevents Contractor from proceeding with affected Work, Contractor may be entitled to an extension of time in accordance with Section 6-4 of the Special Provisions, provided Contractor complies with all notice requirements set forth therein. Agency’s failure to respond to an RFI shall not relieve Contractor of its obligation to complete the Work in accordance with the Contract Documents, nor shall it constitute approval of any means, methods, or materials proposed in the RFI.
5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor to subject is Project this hereby notified is and compliance that monitoring enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion
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thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”). Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)
6. NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.
7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Hemet shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.
8. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of
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defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful Parties’ willful misconduct and where Indemnified sole or active negligence or misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.
9. CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.
10. INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.
Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s
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the compensation or to undertake self-insurance in accordance with provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
11. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
PROJECT DOCUMENTATION 12.
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs “Project (collectively, documents other and incurred, reports, photographs, studies Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.
Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.
13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 13, above:
(Contractor Initials) (Contractor Initials)
INDEPENDENT CONTRACTOR 14.
Contractor is and will at all times remain as to City a wholly independent contractor and shall not be an employee, agent, partner or joint venture of the Agency. Agency shall have the right to
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control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.
15. LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Hemet Municipal Code.
16. GENERAL PROVISIONS
a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of City; which consent may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) upon binding is Agreement Binding Effect. the This heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature.
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g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside. [Signature Page Follows]
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IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Hemet
By:
Noah Rau, Interim City Manager
CONTRACTOR:
CT&T Concrete Paving, Inc.
By:
Name:
Its:
By:
Name:
Its:
ATTEST:
By:
City Clerk Contractor’s City Business License No.
APPROVED AS TO FORM:
By:
Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a corporation, the signatures of two separate persons holding different offices must be provided. Contractor signatures shall be duly notarized, and appropriate attestations shall be included as may be required by the bylaws, article of incorporation, or other rules or regulations applicable to Contractor’s business entity.]
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EXHIBIT A
CONTRACT DOCUMENTS
1. City of Hemet Contractor Agreement
2. Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council
3. Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
4. Bid Schedule(s)
5. Addenda and/or Bulletins
6. Plans
7. Special Provisions (Specifications)
8. General Conditions
9. General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2024 edition as amended and supplemented
10. State Standard Specifications
11. State Standard Plans
12. Permits issued by jurisdictional regulatory agencies
13. Electric, gas, telephone, and cable television company specifications and standards
14. Notice of Award
15. Notice to Proceed
16. Certificate(s) of Required Insurance and Worker’s Compensation Insurance
17. Security for Payment (Labor & Materials) and Performance
18. Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-
7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.
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EXHIBIT B
CONTRACT PRICE
Not to Exceed Three Hundred and Forty-Eight Thousand Six Hundred and Ninety Dollars ($348,690.00)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
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EXHIBIT C
INSURANCE
1.General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $5,000,000 per occurrence/ $10,000,000 general aggregate
Business Automobile Liability $5,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/ $2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2.Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self- insurance maintained by the City shall not be required to contribute.
3.Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured.
4.Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5.Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and
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the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6.Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.
7.Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
8.Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross- liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage its Contractor, of employees to injury City to applicable be must for subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
9.Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance.
Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
10.Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
11.Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.