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CITY OF HEMET RESOLUTION NO. 2026-154 2
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exceed One Million Dollars ($1,000,000) for eligible Project expenses associated with the Project Approvals & Environmental Document (“PA&ED”) phase; and WHEREAS, the City and WRCOG desire to enter into Amendment No. 1 to increase the maximum authorized TUMF reimbursement amount by One Million Five Hundred Thousand Dollars ($1,500,000), from One Million Dollars ($1,000,000) to an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000); and WHEREAS, the additional TUMF funding provided through Amendment No. 1 will be used for eligible Project Approvals & Environmental Document (PA&ED) activities associated with the Project; and
WHEREAS, Amendment No. 1 also replaces Exhibits “A,” “A-1,” and “A-2” of the original Agreement to reflect the amended Project scope, estimate of cost, and project schedule; and
WHEREAS, the amended estimate of cost identifies total Project costs of Twelve Million Five Hundred Thousand Dollars ($12,500,000), including Two Million Five Hundred Thousand Dollars ($2,500,000) for PA&ED, Two Million Dollars ($2,000,000) for Right of Way, and Eight Million Dollars ($8,000,000) for Construction; and WHEREAS, except as specifically amended by Amendment No. 1, all other terms, covenants, and conditions of the original Agreement remain in full force and effect; and
WHEREAS, the City Council finds that approval of Amendment No. 1 is in the best interest of the City because it will provide additional TUMF funding for eligible PA&ED activities and support continued advancement of the Project.
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CITY OF HEMET RESOLUTION NO. 2026-154 3
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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. The City Council hereby approves Amendment No. 1 to the Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement between the City of Hemet and the Western Riverside Council of Governments for the Project (CIP 2421), increasing the maximum TUMF reimbursement amount from One Million Dollars ($1,000,000) to an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000) for eligible PA&ED activities.
3. SECTION City to Manager City the authorizes The execute Council Amendment No. 1 and any related documents necessary to implement the amendment, in a form approved by the City Attorney.
SECTION 4. This Resolution shall become effective upon adoption.
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CITY OF HEMET RESOLUTION NO. 2026-154 4
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PASSED, APPROVED, AND ADOPTED this 22nd day of September, 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. 2026-154 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 22nd day of September, 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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AMENDMENT NO. 1 TO TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AGREEMENT
WARREN ROAD FROM ESPLANADE AVENUE TO SIMPSON ROAD –
DESIGN AND ENVIRONMENTAL PHASE I
This Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 1”) is entered into this ______ day of _______________, 2026, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and CITY OF HEMET (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.”
RECITALS
A. WRCOG and AGENCY have entered into an agreement titled “Transportation Uniform Mitigation Fee Program Agreement” that is dated January, 29, 2025 (“Agreement”). The Agreement provides the terms and conditions, scope of work, schedule, and funding amount for CIP 2421 - WARREN ROAD FROM ESPLANADE AVENUE TO SIMPSON ROAD – DESIGN AND ENVIRONMENTAL PHASE I, Project No. 24-HS-HEM-1317 (hereinafter the “Project”).
B. The Parties desire to amend the Agreement pursuant to Section 6 of the Agreement to increase the Funding Amount by One Million Five Hundred Thousand Dollars ($1,500,000) to provide additional TUMF Program Funds for eligible Project Approvals & Environmental Document (PA&ED) activities associated with the Project.
C. The Parties desire to amend the Agreement to increase the amount of TUMF funding available for the PA&ED phase of the Project and to revise the Project cost estimate, schedule, and related exhibits accordingly.
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AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. The Funding Amount contained in Section 2 of the Agreement is hereby increased by One Million Five Hundred Thousand Dollars ($1,500,000), from One Million Dollars ($1,000,000) to an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000).
2. The additional Funding Amount shall be used for eligible Project Approvals & Environmental Document (PA&ED) activities associated with the Project, consistent with the amended Scope of Services attached hereto as Exhibit “A.”
3. Exhibits “A,” “A-1,” and “A-2” of the Agreement are hereby replaced in their entirety by Exhibits “A,” “A-1,” and “A-2” of this Amendment No. 1, which are attached hereto and incorporated herein by reference.
4. The above-stated Recitals are hereby fully incorporated into this Amendment No.
1. 5. Except to the extent specifically modified or amended hereunder, all of the terms, covenants, and conditions of the Agreement shall remain in full force and effect between the Parties hereto.
6. Section 39 is hereby added to the Agreement to read as follows:
“39. Electronic Signatures. Each Party to this Agreement agrees to the use of electronic
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signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement as well as any amendments to this Agreement . The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this Section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.”
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IN WITNESS WHEREOF, the Parties have caused this Amendment No. 1 to be executed by their duly authorized representatives to be effective on the day and year first written above.
WESTERN RIVERSIDE COUNCIL CITY OF HEMET
OF GOVERNMENTS
By: ______________________________ By: ______________________________ ______________________________ Noah Rau
______________________________ Interim City Manager
Approved to Form:
By: ______________________________
Steven C. DeBaun
General Counsel
Approved to Form:
By:
______________________________
Steven Graham Pacifico
City Attorney
Attest:
By:
______________________________
Rosalia A. Butler, MMC,
City Clerk
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EXHIBIT “A”
SCOPE OF WORK
This Project, Phase 1, will include preliminary engineering and environmental clearance (PA&ED) for the widening of Warren Road from Esplanade Avenue to Simpson Road. This phase will fund the design, technical studies, and environmental permits in support of these improvements. The Project will address all environmental needs in accordance with CEQA guidelines.
The existing roadway primarily consists of one lane in each direction. Warren Road is a main corridor on the west side of Hemet with heavy traffic. The design and environmental permits will address issues for construction needs, intersection improvements, utility conflicts and/or relocations, necessary right of way acquisitions, and the proposed cost of construction.
Upon completion of the PA&ED, Phase 1, the Project would be able to proceed to Final Engineering (PS&E), ROW acquisition, and Construction phases. These additional phases are not part of this Agreement and will require future funding and authorization.
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EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $2,500,000 $0 $2,500,000
PS&E $0 $0 $0
RIGHT OF WAY$2,000,000 $0 $2,000,000
CONSTRUCTION$8,000,000 $0 $8,000,000
TOTAL $12,500,000 $0 $12,500,000
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EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 12/1/2026 $2,500,000
Engineering Design,
Tech. Studies, and
Environmental permits
PS&E 2027 $ TBA Future Phase
RIGHT OF WAY 2027 $2,000,000 Future Phase
CONSTRUCTION 2028 $8,000,000 Future Phase
TOTAL $12,500,000
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TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE TUMF FUNDS
WARREN ROAD FROM ESPLANADE AVENUE TO SIMPSON ROAD
DESIGN AND ENVIRONMENTAL PHASE I
RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).
B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”) . The Qualifying Projects are more specifically described in that certain WRCOG study titled “TUMF Nexus Study ,” as may be amended from time to time . Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.
C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”) . TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.
D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. Description of the Qualifying Project . This Agreement is intended to distribute TUMF Program Funds to the AGENCY for design and environmental for the widening of Warren Road from Esplanade Avenue to Simpson Road, Phase 1, (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG . The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates
3) R/W – Right of Way Acquisition and Utility Relocation 4) CON – Construction
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this 29th day of January 202 5, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and the City of Hemet, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties.”
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2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed One Million Dollars ($1,000,000.00) to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project . Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursement . The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preparation for expended funds studies; engineering preliminary of (3) environmental review documentation for the Project; (4) all costs associated with right -of-way acquisition, right including -of-acquisition, for costs legal appraisal, engineering, way condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project.
4. Ineligible Project Costs . The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.
5. Procedures for Distribution of TUMF Program Funds to AGENCY.
(a) Initial Payment by the AGENCY . The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred . Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs . Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment . Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days . In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet Docusign Envelope ID: DF560845-C848-42DC-B533-F6E9BA70C620 Docusign Envelope ID: B9190558-8E16-4CD9-8B6A-318A8F47C356
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and confer in an attempt to resolve the dispute . If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director . The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final . Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B ,” attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment . If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.
6. Increases in Project Funding . The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then -current maximum eligible TUMF share for the Project . No such increased funding shall be expended to pay for any Project already completed . For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing.
7. No Funding for Temporary Improvements . Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers, or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.
8. AGENCY’s Funding Obligation to Complete the Project . In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.
9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work . Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repai d in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, Docusign Envelope ID: DF560845-C848-42DC-B533-F6E9BA70C620 Docusign Envelope ID: B9190558-8E16-4CD9-8B6A-318A8F47C356
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AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.
10. AGENCY’s Local Match Contribution . “AGENCY local match funding is not required, as shown in Exhibit “A,” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.”]
11. Term/Notice of Completion . The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
12. Representatives of the Parties . WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement . The AGENCY hereby designates Noah Rau, Public Works Director/City Engineer or his designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.
13. Expenditure of Funds by AGENCY Prior to Execution of Agreement . Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.
14. Review of Services . The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination . In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Docusign Envelope ID: DF560845-C848-42DC-B533-F6E9BA70C620 Docusign Envelope ID: B9190558-8E16-4CD9-8B6A-318A8F47C356
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Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided . In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.
16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein . The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.
17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Responsibilities . In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including claims defending in WRCOG, against incurred fees, attorneys’ reasonable by ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities . hold WRCOG agrees to indemnify and harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the Docusign Envelope ID: DF560845-C848-42DC-B533-F6E9BA70C620 Docusign Envelope ID: B9190558-8E16-4CD9-8B6A-318A8F47C356
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AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
(c) Acceptance of Effect . the for be shall AGENCY responsible The professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement . Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.
19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG . Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance . Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self -insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions.
(b) Business Automobile Liability Insurance . Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance . Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
Docusign Envelope ID: DF560845-C848-42DC-B533-F6E9BA70C620 Docusign Envelope ID: B9190558-8E16-4CD9-8B6A-318A8F47C356
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(d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $ 1,000,000.00 for each accident.
20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested WRCOG’s of approval to subject are the AGENCY the by writing in and Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest . For the term of this Agreement, no member, officer, or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Limited Scope of Duties . WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein . WRCOG has no obligation with respect to the safety of any Project performed at a job site . In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.
23. Books and Records . Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement . They shall make available for examination by the other party, its authorized agents, officers, or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement . Further, each party shall furnish to the other party, its agents, or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.
24. Opportunity Employment Equal . equal are they that represent The Parties opportunity employers, and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex, or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
25. Governing Law . This Agreement shall be governed by and construed with the laws of the State of California.
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26. Attorneys’ Fees . If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.
27. Time of Essence . Time is of the essence for each and every provision of this Agreement.
28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
29. Public Acknowledgement . The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.
31. Compliance With the Law . The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.
32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of Hemet
445 E. Florida Ave.
Hemet, Ca 92543
Att: Noah Rau, PW Director/City Engineer
Telephone: (951) 765-2360
Facsimile: (951) 765-3878
If to WRCOG: Western Riverside Council of Governments 3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the Docusign Envelope ID: DF560845-C848-42DC-B533-F6E9BA70C620 Docusign Envelope ID: B9190558-8E16-4CD9-8B6A-318A8F47C356
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24-HS-HEM-1317
party at its applicable address . Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
33. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void . This Agreement may be amended only by mutual written agreement of the PARTIES.
34. Severability. If any term, provision, condition, or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms, and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.
36. Independent Contractors. Any person or entities retained by the AGENCY, or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable . The AGENCY or contractor shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of services on the Project and as required by law . The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
37. Effective Date . This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty -five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.
38. No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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24-HS-HEM-1317
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above written.
WESTERN RIVERSIDE COUNCIL CITY OF HEMET
OF GOVERNMENTS
By: Date: By: Date:
Dr. Kurt Wilson Mark Prestwich
Executive Director City Manager
Approved to Form:
By: Date:
Steven C. DeBaun
General Counsel
Docusign Envelope ID: DF560845-C848-42DC-B533-F6E9BA70C620 1/14/2025
Docusign Envelope ID: B9190558-8E16-4CD9-8B6A-318A8F47C356 1/22/2025
1/29/2025
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24-HS-HEM-1317
Exhibit A
EXHIBIT “A”
SCOPE OF WORK
This project, phase 1, will include preliminary engineering and environmental clearance (PA&ED) for the widening of Warren Road from Esplanade Avenue to Simpson Road. This phase will only fund the design, technical studies, and environmental permits in support of these improvements. The project will address all environmental needs in accordance with CEQA guidelines.
The existing roadway primarily consists of one lane in each direction. Warren Road is a main corridor on the west side of Hemet with heavy traffic. The design and environmental permits will address issues for construction needs, intersection improvements, utility conflicts and/or relocations, necessary right of way acquisitions, and the proposed cost of construction. Upon completion of the PA&ED, phase 1, the project would be able to proceed to Final Engineering (PS&E), ROW acquisitions, and Construction phases. These additional phases are not part of this agreement and will need a new agreement.
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Exhibit A – 1
EXHIBIT “A-1”
ESTIMATE OF COST
*Only PA&ED is funded in this agreement.
Phase TUMF LOCAL TOTAL
PA&ED $1,000,000.00 $0.00 $1,000,000.00
PS&E $0.00 $0.00 $0.00 RIGHT OF WAY $2,000,000.00 $0.00 $2,000,000.00 CONSTRUCTION $8,000,000.00 $0.00 $8,000,000.00 TOTAL $11,000,000.00 $0.00 $11,000,000.00
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Exhibit A – 2
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
*PS &E, ROW, and Construction are future phases.
Phase
Estimated
Completion Date
Estimated
Cost Comments
PA&ED 6/30/2025 $1,000,000.00
Engineering Design,
Tech. Studies, and
Environmental permits
PS&E 2025 ? Future Phase
RIGHT OF WAY 2025 $2,000,000.00 Future Phase CONSTRUCTION 2026 $8,000,000.00 Future Phase TOTAL $11,000,000.00
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17.C.
[INSERT PROJECT #]
Exhibit B
Elements of Compensation
EXHIBIT “B”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month . The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator . Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.
3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5 th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals, not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B -5”. All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.
5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments.
6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.
7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:
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[INSERT PROJECT #]
Exhibit B
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice or contractors the to and worked paid and hours actual the are rates subcontractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice .
If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.
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17.C.
[INSERT PROJECT #]
Exhibit B-1
EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein . The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct the of sum the is _________________, is Costs Labor and following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs . Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs ____________________
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[INSERT PROJECT #]
Exhibit B-1
The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs . Allowable Overhead Costs include general, administrative, and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 The fixed fee is $______________________.
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip.
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement.
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[INSERT PROJECT #]
Exhibit B-1
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation, or craft agreement, or is otherwise specified in this Agreement . In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement . Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation . The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Contractor only . All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month . The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.
3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately . The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.
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[INSERT PROJECT #]
Exhibit B-1
3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.
3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.
4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment.
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[INSERT PROJECT #]
Exhibit B-2
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .
The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
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17.C.
[INSERT PROJECT #]
Exhibit B-3
EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
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[INSERT PROJECT #]
Exhibit B-4
EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
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[INSERT PROJECT #]
Exhibit B-5
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods
TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
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17.C.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 22 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 Interim City Manager to Execute Side Letters of Agreement with the Hemet Mid Managers Association, Hemet Non-Sworn Employees Association, Hemet General Employees Association, and Hemet Police Management Association, Increasing the City's Medical Insurance Contribution
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution: (Attachment No. 1)
RESOLUTION NO. 2026-161 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE SIDE
LETTER AGREEMENTS WITH THE HEMET MID MANAGERS ASSOCIATION (HMMA), HEMET
NON-SWORN EMPLOYEES ASSOCIATION (HNSPEA), HEMET GENERAL EMPLOYEES
ASSOCIATION (HGEA), AND HEMET POLICE MANAGEMENT ASSOCIATION (HPMA) INCREASING THE CITY’S MEDICAL INSURANCE CONTRIBUTION
EXECUTIVE SUMMARY:
for contribution insurance medical its in is 1.8% a proposing employees City The increase represented by HMMA, HNSPEA, HGEA, and HPMA while negotiations for successor Memoranda of Understanding (MOUs) remain ongoing. The increase would be effective retroactively to the first full pay period in August 2026, with the City absorbing the additional cost. This interim adjustment is intended to offset increased medical insurance costs for affected employees and does not modify, resolve, or otherwise affect the parties’ positions in ongoing successor MOU negotiations
BACKGROUND/ANALYSIS:
The City provides medical insurance benefits to eligible employees pursuant to applicable collective bargaining agreements, Memoranda of Understanding (MOUs), and City policies. The City is currently engaged in negotiations for successor MOUs with the Hemet Mid Managers Association (HMMA), Hemet Non-Sworn Police Employees Association (HNSPEA), Hemet General Employees Association (HGEA), and Hemet Police Management Association (HPMA). As part of the successor
17.D.
MOU discussions, the parties have considered an increase in the City's contribution toward employee medical insurance premiums.
Successor MOU negotiations remain ongoing, and agreements have not yet been finalized. While the City anticipates continuing negotiations with each bargaining unit, there is currently no established date for completion. Rather than delay the contemplated medical contribution adjustment until successor MOUs are finalized, the City is proposing to implement a 1.8% increase in its medical insurance contribution for employees represented by the affected bargaining units.
The proposed increase would be effective retroactively to the first full pay period in August 2026, with the City absorbing the additional cost. The adjustment is intended to offset increased medical insurance costs for affected employees while successor MOU negotiations continue. Implementation of the increase would not constitute agreement on any other economic or non-economic terms under negotiation and would not otherwise modify or resolve the parties' respective positions in the successor MOU negotiations.
DISCUSSION:
The proposed action would implement a 1.8% increase in the City's contribution toward medical insurance costs for employees represented by HMMA, HNSPEA, HGEA, and HPMA while successor MOU negotiations remain ongoing. The following side letters of agreement are presented for City Council consideration and approval:
Attachment No. 2 - HMMA Side Letter of Agreement
Attachment No. 3 - HNSPEA Side Letter of Agreement
Attachment No. 4 - HGEA Side Letter of Agreement
Attachment No. 5 - HPMA Side Letter of Agreement
Under the proposed side letters, the City would absorb the additional cost associated with the 1.8% increase in its medical insurance contribution, effective retroactively to the first full pay period in August 2026. This action would allow affected employees to receive the increased City contribution while successor MOU negotiations continue.
The proposed side letters are limited to the medical insurance contribution adjustment and are not intended to conclude or otherwise resolve the parties' ongoing successor MOU negotiations. The City and the affected bargaining units will continue to negotiate in good faith regarding all remaining terms and conditions of employment.
The City has met and conferred with representatives of HMMA, HNSPEA, HGEA, and HPMA, and the parties have agreed to the proposed side letters.
PREVIOUS COUNCIL ACTION:
Council previously approved the increase in employer medical insurance contribution for the Management/Confidential Group and the At-Will employees (with the exception of the City Manager).
17.D.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
Appropriations for the increased City contribution toward employee medical insurance premiums are included in the Fiscal Year 2026-27 Operating Budget; therefore, no additional appropriation is required. The estimated fiscal impact of the 1.8% increase by bargaining group is as follows:
LABOR GROUP GENERAL
FUND NON-GEN FUND TOTAL
HMMA $6,800 $8,200 $15,000
HNSPEA $10,500 $100 $10,600
HGEA $10,100 $20,100 $30,200
HPMA $8,000 $0 $8,000
TOTAL $35,400 $28,400 $63,800
ALTERNATIVE(S):
Council may either choose to defer the increase until successor MOUs are completed or may provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachment No. 1 - Resolution 2026-161
Attachment No. 2 - HMMA Side Letter Medical Contributions Attachment No. 3 - HNSPEA Side Letter Medical Contributions Attachment No. 4 - HGEA Side Letter Medical Contributions Attachment No. 5 - HPMA- Side Letter Medical Contributions
17.D.
CITY OF HEMET RESOLUTION NO. 2026-161 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AUTHORIZING THE INTERIM
CITY MANAGER TO EXECUTE SIDE LETTER
AGREEMENTS WITH THE HEMET MID MANAGERS
ASSOCIATION (HMMA), HEMET NON-SWORN
EMPLOYEES ASSOCIATION (HNSPEA), HEMET
AND (HGEA), ASSOCIATION GENERAL EMPLOYEES
HEMET POLICE MANAGEMENT ASSOCIATION (HPMA)
INCREASING INSURANCE THE CITY’S MEDICAL
CONTRIBUTION
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City provides medical insurance benefits to eligible employees pursuant to applicable collective bargaining agreements, Memoranda of Understanding (MOUs), and City policies.; and
WHEREAS, the City is currently engaged in successor MOU negotiations with HMMA, HNSPEA, HGEA, and HPMA; and
WHEREAS, as part of the discussions concerning successor MOUs, the parties had contemplated an increase to the City's contribution toward employee medical insurance premiums; and
WHEREAS, negotiations remain ongoing, and the parties have not yet concluded successor MOUs. While the City anticipates that negotiations will continue to progress,
17.D.
CITY OF HEMET RESOLUTION NO. 2026-161 2
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there is currently no established date by which successor agreements will be finalized; and
WHEREAS, rather than delay the contemplated medical contribution adjustment until successor MOUs are finalized, the City is proposing to implement a 1.8% increase in affected by represented employees for the insurance medical its contribution bargaining units.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Authorize the Interim City Manager to execute Side Letters of Agreement with HMMA, HNSPEA, HGEA, and HPMA.
SECTION 2.The effective date of this action will be retroactive to the first full pay period in August 2026.
PASSED, APPROVED AND ADOPTED this 22nd day of September 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney MMC, Rosalia A. Butler, City Clerk
17.D.
CITY OF HEMET RESOLUTION NO. 2026-161 3
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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 22 nd day of September 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.D.
1 SIDE LETTER OF AGREEMENT BETWEEN
CITY OF HEMET
AND
THE HEMET MID-MANAGERS ASSOCIATION
REGARDING ARTICLE IX -- INSURANCE
WHEREAS, the City of Hemet (“City”) and Hemet Mid-Managers Association (“Association” or “HMMA”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2024 through June 30, 2026, and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the HMMA;
WHEREAS, the MOU is currently expired, and both parties are operating pursuant to the status quo provisions; the parties have been engaging in negotiations for a successor MOU.
WHEREAS, Article IX – Insurance, Section 9.1.b – Health Insurance provides “[t]he City shall make the following monthly contributions during the term of this MOU.” WHEREAS, the City wishes to increase the amount of the City’s monthly contributions towards the cost of “Employee +1” and “Employee +2 or more” health insurance contributions, reflecting the approximate 1.8% increase in cost to health insurance premiums.
WHEREAS, the Parties agree to the following, effective the first full pay period in August 2026, as follows:
b. The City will contribute 100% of the cost per month, per employee in paid status, toward the cost of dental and vision plans for such employee and their dependents.
The City shall make the following monthly medical insurance contributions:
KAISER LOW Plan Year
2025/2026
Plan year
2026/2027
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
($706.20)
Employee +1 $1,150.00 $1,175.09
Employee +2 or more $1,645.00 $1,681.51
17.D.
2 KAISER HIGH Plan Year
2025/2026
Plan year
2026/2027
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
($816.35)
Employee +1 $1,150.00 $1,179.03
Employee +2 or more $1,720.00 $1,761.09
The same amounts as above shall be used for Aetna Basic (corresponding with Kaiser Low contributions) and Aetna Enhanced (corresponding with Kaiser High contributions).
Vision – Employees and their eligible dependents are entitled to vision benefits through the Vision Service Plan (VSP) provided by the City.
This change will be effective the first full pay period in August 2026.
CITY OF HEMET
___________________________
Noah Rau,
Interim City Manager
HEMET MID-MANAGERS
ASSOCIATION (HMMA)
Gregg Holyoak,
HMMA President
______________________________
Date ____________________________
Date
Rosalia Butler,
City Clerk
Date
17.D.
1 SIDE LETTER OF AGREEMENT BETWEEN
CITY OF HEMET
AND
THE HEMET NON-SWORN POLICE EMPLOYEES ASSOCIATION
REGARDING ARTICLE 5 -- BENEFITS
WHEREAS, the City of Hemet (“City”) and the Hemet Non-Sworn Police Employees Association (“Association” or “HNSPEA”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2024 through June 30, 2026, and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the HNSPEA;
WHEREAS, the MOU is currently expired, and both parties are operating pursuant to the status quo provisions; the parties have been engaging in negotiations for a successor MOU.
WHEREAS, Article 5 – Benefits, Section 5.1 – Health Insurance provides “[t]he City shall make the following monthly contributions during the term of this MOU.” WHEREAS, the City wishes to increase the amount of the City’s monthly contributions towards the cost of “Employee +1” and “Employee +2 or more” health insurance contributions, reflecting the approximate 1.8% increase in cost to health insurance premiums.
WHEREAS, the Parties agree to the following, effective the first full pay period in August 2026, as follows:
b. The City will contribute 100% of the cost per month, per employee in paid status, toward the cost of dental and vision plans for such employee and their dependents.
The City shall make the following monthly medical insurance contributions:
KAISER LOW Plan Year
2025/2026
Plan year
2026/2027
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
($706.20)
Employee +1 $1,150.00 $1,175.09
Employee +2 or more $1,645.00 $1,681.51
17.D.
2 KAISER HIGH Plan Year
2025/2026
Plan year
2026/2027
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
($816.35)
Employee +1 $1,115.00 $1,179.03
Employee +2 or more $1,720.00 $1,761.09
The same amounts as above shall be used for Aetna Basic (corresponding with Kaiser Low contributions) and Aetna Enhanced (corresponding with Kaiser High contributions).
Vision – Employees and their eligible dependents are entitled to vision benefits through the Vision Service Plan (VSP) provided by the City.
This change will be effective the first full pay period in August 2026.
CITY OF HEMET
___________________________
Noah Rau,
Interim City Manager
HEMET NON-SWORN
POLICE EMPLOYEES
ASSOCIATION (HNSPEA)
Michelle Padilla,
HNSPEA President
______________________________
Date ____________________________
Date
Rosalia Butler
City Clerk
Date
17.D.
1 SIDE LETTER OF AGREEMENT BETWEEN
CITY OF HEMET
AND
THE HEMET GENERAL EMPLOYEES ASSOCIATION
REGARDING ARTICLE 11 – HEALTH INSURANCE
WHEREAS, the City of Hemet (“City”) and Hemet General Employees Association, formerly the Service Employees International Union Local 721 (“Association” or “HGEA”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2024 through June 30, 2026, and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the HGEA; WHEREAS, the MOU is currently expired, and both parties are operating pursuant to the status quo provisions; the parties have been engaging in negotiations for a successor MOU.
WHEREAS, Article 11 – Health Insurance, Section 11.1 – Health Insurance provides “[t]he City shall make the following monthly contributions during the term of this MOU.” WHEREAS, the City wishes to increase the amount of the City’s monthly contributions towards the cost of “Employee +1” and “Employee +2 or more” health insurance contributions, reflecting the approximate 1.8% increase in cost to health insurance premiums.
WHEREAS, the Parties agree to the following, effective the first full pay period in August 2026, as follows:
The City shall make the following monthly medical insurance contributions:
KAISER LOW Plan Year
2025/2026
Plan year
2026/2027
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
($706.20)
Employee +1 $1,150.00 $1,175.09
Employee +2 or more $1,645.00 $1,681.51
KAISER HIGH Plan Year
2025/2026
Plan year
2026/2027
17.D.
2 Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
($816.35)
Employee +1 $1,150.00 $1,179.03
Employee +2 or more $1,720.00 $1,761.09
The same amounts as above shall be used for Aetna Basic (corresponding with Kaiser Low contributions) and Aetna Enhanced (corresponding with Kaiser High contributions).
This change will be effective the first full pay period in August 2026.
CITY OF HEMET
___________________________
Noah Rau,
Interim City Manager
HEMET GENERAL
EMPLOYEES ASSOCIATION
(HGEA)
Joshua Sibole,
HGEA President
______________________________
Date ____________________________
Date
Rosalia Butler,
City Clerk
Date
17.D.
1 SIDE LETTER OF AGREEMENT BETWEEN
CITY OF HEMET
AND
THE HEMET POLICE MANAGEMENT ASSOCIATION
REGARDING ARTICLE IV -- BENEFITS
WHEREAS, the City of Hemet (“City”) and the Hemet Police Management Association (“Association” or “HPMA”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2024 through June 30, 2026, and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the HPMA;
WHEREAS, the MOU is currently expired, and both parties are operating pursuant to the status quo provisions; the parties have been engaging in negotiations for a successor MOU.
WHEREAS, Article IV – Benefits, Section 4.6 – Health Insurance provides “[t]he City shall make the following monthly contributions during the term of this MOU.” WHEREAS, the City wishes to increase the amount of the City’s monthly contributions towards the cost of “Employee +1” and “Employee +2 or more” health insurance contributions, reflecting the approximate 1.8% increase in cost to health insurance premiums.
WHEREAS, the Parties agree to the following, effective the first full pay period in August 2026, as follows:
A. The City will contribute 100% of the cost per month, per employee in paid status, toward the cost of dental and vision plans for such employee and his/her dependents.
The City shall make the following monthly medical insurance contributions during the term of this MOU:
KAISER LOW Plan Year
2025/2026
Plan year
2026/2027
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
($706.20)
Employee +1 $1,150.00 $1,175.09
Employee +2 or more $1,645.00 $1,681.51
17.D.
2 KAISER HIGH Plan Year
2025/2026
Plan year
2026/2027
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
($816.35)
Employee +1 $1,115.00 $1,179.03
Employee +2 or more $1,720.00 $1,761.09
The same amounts as above shall be used for Aetna Basic (corresponding with Kaiser Low contributions) and Aetna Enhanced (corresponding with Kaiser High contributions).
This change will be effective the first full pay period in August 2026.
CITY OF HEMET
___________________________
Noah Rau,
Interim City Manager
HEMET POLICE OFFICERS
ASSOCIATION (HPMA)
Josiah Douglas,
HPMA President
______________________________
Date ____________________________
Date
Rosalia Butler,
City Clerk
Date
17.D.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 22 2026
Department: Finance
Submitted by: Noah Rau, Interim City Manager
Tiffany Barnett, Administrative Services Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Amendment to the Funding Source for CIP 5733 Fire Station 3 Facility Safety Enhancements and Improvements
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2026-162 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, AMENDING THE FUNDING SOURCE FOR FIRE STATION NO. 3 FACILITY SAFETY ENHANCEMENTS AND IMPROVEMENTS (CIP 5733), REVERSING A $20,000 APPROPRIATION FROM FIRE FACILITIES DEVELOPMENT IMPACT FEE FUND 332 AND APPROVING A $20,000 SUPPLEMENTAL APPROPRIATION FROM THE FIRE MEASURE U FUND
EXECUTIVE SUMMARY:
On September 8, 2026, the City Council approved a $20,000 supplemental appropriation from Fire Facilities Development Impact Fee Fund 332 for the Fire Station No. 3 Captain’s bathroom remodel; however, subsequent review determined that DIF revenues are not an appropriate funding source for this improvement. Staff is requesting that the previously approved DIF appropriation be reversed and replaced with a $20,000 appropriation from the Fire Measure U Fund balance, with no change to the project scope or total project funding.
BACKGROUND/ANALYSIS:
CIP 5733 was established to address exterior and interior improvements at Fire Station No. 3 and was originally funded with $270,000 in Measure U funding as part of the Fiscal Year 2026-2027 through 2030-2031 Capital Improvement Program. The project includes landscaping, a protective block wall, exterior improvements, window replacement, and kitchen and bathroom remodels.
17.E.
On September 8, 2026, the City Council approved an additional $20,000 appropriation from Fire Facilities DIF Fund 332 to complete the Fire Captain's bathroom remodel. Subsequent review determined that the proposed bathroom remodel does not qualify as an eligible use of Fire Facilities DIF revenues.
Because the underlying project remains an approved Fire Station No. 3 improvement and the original $270,000 project appropriation was funded through Measure U, staff recommends replacing the previously approved DIF funding with $20,000 from available Fire Measure U Fund balance. This action corrects the funding source while maintaining the total authorized project funding of $290,000.
PREVIOUS COUNCIL ACTION:
On July 14, 2026, the City Council approved the Fiscal Year 2026-2027 through 2030-2031 Capital Improvement Program, which included CIP 5733 with an initial appropriation of $270,000 in Measure U funding.
On September 8, 2026, the City Council adopted Resolution No. 2026-142, approving a $20,000 supplemental appropriation from Fire Facilities Development Impact Fee Fund 332 to CIP 5733.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Approval of the recommended action will reverse the previously approved $20,000 appropriation from Fire Facilities Development Impact Fee Fund 332 and appropriate $20,000 from the Fire Measure U Fund balance to CIP 5733.
Total authorized funding for CIP 5733 will remain $290,000, consisting entirely of Measure U funding.
There are no additional funds being requested.
ATTACHMENT(S):
Attachment No.1 - Resolution No. 2026-162
17.E.
CITY OF HEMET RESOLUTION NO. 2026-162 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AMENDING THE FUNDING
SOURCE FOR FIRE STATION NO. 3 FACILITY SAFETY
ENHANCEMENTS AND IMPROVEMENTS (CIP 5733), BY
SUBSTITUTING THE FIRE MEASURE U FUND FOR FIRE
FACILITIES DEVELOPMENT IMPACT FEE FUND 332 AS
THE A PREVIOUSLY SOURCE FOR FUNDING
APPROVED $20,000 SUPPLEMENTAL APPROPRIATION
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet (“City”) maintains Capital Improvement Project CIP 5733 – Fire Station No. 3 Facility Safety Enhancements and Improvements to address facility safety, functionality, and improvement needs at Fire Station No. 3; and WHEREAS, on July 14, 2026, the City Council approved the Fiscal Year 2026- 2027 through 2030-2031 Capital Improvement Program, which included CIP 5733 with an initial appropriation of $270,000 funded through the Fire Measure U Fund; and WHEREAS, the scope of CIP 5733 includes exterior and interior improvements at Fire Station No. 3, including landscaping and irrigation, construction of a vehicle- protective block wall, exterior painting and stucco repairs, window and sliding door replacement, and kitchen and bathroom remodels, including the remodel of the Fire Captain's bathroom; and
WHEREAS, on September 8, 2026, the City Council adopted Resolution No. 2026-142 from Facilities approving a $20,000 supplemental appropriation Fire
17.E.
CITY OF HEMET RESOLUTION NO. 2026-162 1
Development Impact Fee Fund 332 to CIP 5733 for completion of the Fire Captain’s bathroom to remodel, increasing total authorized project funding from $270,000 $290,000; and
WHEREAS, subsequent to the adoption of Resolution No. 2026-142, staff determined that Fire Facilities Development Impact Fee Fund 332 revenues are not an appropriate funding source for the Fire Captain’s bathroom remodel; and WHEREAS, the City desires to correct the funding source for the previously approved $20,000 supplemental appropriation by reversing the appropriation from Fire Facilities Development Impact Fee Fund 332 and replacing it with an appropriation from available Fire Measure U Fund balance; and
WHEREAS, this change in funding source does not modify the scope of CIP 5733 or increase the total authorized project funding of $290,000.
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. $20,000 The City Council hereby reverses and rescinds the supplemental appropriation from Fire Facilities Development Impact Fee Fund 332 to Capital Improvement Project CIP 5733 authorized by Resolution No. 2026-142 and directs that the $20,000 be returned to the available fund balance of Fire Facilities Development Impact Fee Fund 332.
SECTION 3. The City Council hereby approves a supplemental appropriation in the amount of $20,000 from the available Fire Measure U Fund balance to Capital
17.E.
CITY OF HEMET RESOLUTION NO. 2026-162 1
Improvement Project CIP 5733 – Fire Station No. 3 Facility Safety Enhancements and Improvements for completion of the Fire Captain’s bathroom remodel, in substitution for the appropriation reversed in Section 2.
SECTION 4. Following the budgetary adjustments authorized by this Resolution, the total authorized funding for CIP 5733 shall remain $290,000, consisting of the original $270,000 appropriation and the $20,000 reappropriated by this Resolution, all funded from the Fire Measure U Fund.
5. SECTION the provides 2026-142 No. Resolution extent for To the appropriation or expenditure of $20,000 from Fire Facilities Development Impact Fee Fund 332 for CIP 5733, including to the extent made, any finding that the Fire Captain’s bathroom remodel constitutes an eligible expenditure of Fund 332 revenues, those provisions and findings are hereby superseded by this Resolution. All other provisions of Resolution No. 2026-142 that are not inconsistent with this Resolution shall remain in effect.
SECTION 6. is designee, or Director, Services The hereby Administrative authorized and directed to make all necessary budgetary adjustments and accounting entries to effectuate the reversal and supplemental appropriation authorized by this Resolution.
SECTION 7. This Resolution shall become effective upon adoption.
17.E.
CITY OF HEMET RESOLUTION NO. 2026-162 1
PASSED, APPROVED AND ADOPTED this 22nd day of September, 2026.
___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
17.E.
CITY OF HEMET RESOLUTION NO. 2026-162 1
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 22nd day of September, 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.E.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 22 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. 2026-163 - 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. 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.
DISCUSSION:
In accordance with the negotiating authority previously granted by the City Council, the proposed Memorandum of Understanding (MOU) is presented for consideration and approval in both redlined
17.F.
(Attachment No. 2) and clean (Attachment No. 3) versions. The substantive changes from the prior MOU are summarized 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.
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.
17.F.
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:
Funding for the increased City contribution toward HFFA employee medical insurance premiums is included in the Fiscal Year 2026-27 Operating Budget; therefore, no additional appropriation is required. The estimated fiscal impact is summarized below:
GENERAL FUND NON-GENERAL
FUND TOTAL
$21,100 $3,200 $24,300
ALTERNATIVE(S):
The City Council may elect not to approve the proposed MOU or may provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachment 1 - Resolution 2026-163
Attachment 2 - HFFA MOU 2026-27 Redlined
Attachment 3 - HFFA MOU 2026-27 CLEAN
17.F.
CITY OF HEMET RESOLUTION NO. 2026-163 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-163
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, 2024 covers July 1, 2024 through June 30, 2026; and
WHEREAS, the City and HFFA have reached a tentative agreement on terms and conditions of the MOU; 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.F.
CITY OF HEMET RESOLUTION NO. 2026-163 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 and the one (1) holiday (two [2] half days) provided to any miscellaneous 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
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CITY OF HEMET RESOLUTION NO. 2026-163 3
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WHEREAS, all other terms and conditions of employment shall remain unchanged during the term of this agreement; and
WHEREAS, City Council authorizes the 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.This Resolution shall become effective on the date of approval, September 22, 2026.
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CITY OF HEMET RESOLUTION NO. 2026-163 4
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PASSED, APPROVED AND ADOPTED this 22nd day of September, 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. 2026-163 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 22 nd day of September, 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.F.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF HEMET AND
HEMET CITY FIRE FIGHTERS LOCAL NO. 2342
TABLE OF CONTENTS
Page
-i-
13446921.7 HE040-032
ARTICLE I - RECOGNITION ......................................................................................................1 ARTICLE II - MANAGEMENT RIGHTS ....................................................................................1 ARTICLE III - NONDISCRIMINATION .....................................................................................2 ARTICLE IV - BENEFITS ............................................................................................................3 ARTICLE V - SALARIES AND INCENTIVE PAY ....................................................................5 ARTICLE VI - TUITION REIMBURSEMENT PROGRAM.....................................................10 ARTICLE VII - HOURS AND WORK SCHEDULE .................................................................11 ARTICLE VIII - LEAVES...........................................................................................................12 ARTICLE IX - VACATIONS......................................................................................................14 ARTICLE X - HOLIDAYS..........................................................................................................15 ARTICLE XI - MISCELLANEOUS............................................................................................16 ARTICLE XII - LAYOFF PROCEDURE ...................................................................................17 ARTICLE XIII - STAFFING .......................................................................................................18 ARTICLE XIV - RETIREMENT.................................................................................................18 ARTICLE XV - DISCIPLINE AND DISCHARGE RULES AND REGULATIONS................23 ARTICLE XVI - HAZARDOUS MATERIALS RESPONSE TEAM ........................................24 ARTICLE XVII - GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE................24 ARTICLE XVIII - COMPLETION OF MEET AND CONFER .................................................27 ARTICLE XIX - – JOB DESCRIPTIONS...................................................................................27 ARTICLE XX - SAVINGS CLAUSE .........................................................................................28
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1 13446921.7 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, fire 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
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that the Union shall be afforded the 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.
From the date the City Council approves this MOU through 11:59 p.m. on June 30, 2027, the City will not enter into any agreement with any third party for the provision of fire suppression services with the City in lieu of, or as a replacement for, fire suppression services provided by the City’s Fire Department. This paragraph does not apply to an arrangement provided City’s the by services suppression fire supplements that Department, including but not limited to automatic aid, mutual aid, boundary drop, master mutual aide, strike team, or other reciprocal or cooperative emergency-response arrangement with public agencies, and does not apply to ambulance transport, emergency medical transport, dispatch, fire prevention, plan check, inspection, training, fleet or administrative services. This paragraph only prohibits the City’s entry into an agreement for replacement fire suppression services, and prohibits no other action, including without limitation, studying or evaluating alternative methods of providing fire suppression or other fire or emergency medical services. This paragraph shall expire automatically and be of no further force and effect at 11:59 p.m. on June 30, 2027.
3.4. 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 limited 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.
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ARTICLE IV -BENEFITS
1. Health Insurance:
1. 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
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.
Commented [R1]: 7-22 Added flat dollar amounts
Commented [R2]: 7-22 Added flat dollar amounts
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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:
1. The maximum vision benefit per family per calendar year shall be five hundred dollars ($500.00).
2. No vision benefit shall be payable for replacement of existing lenses more than twice per year per individual.
3. No vision benefit shall be payable for replacement of frames more than once per year, per individual.
4. No vision benefit shall be payable for lenses which are not prescription lenses.
5. The limitation on the tinting of prescription lenses is deleted.
6. 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:
1. 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;
2. 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;
3. 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.
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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
1. Salary Increases:
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, the City shall ensure that all bargaining unit employees are 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 and 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
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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.
No obligation arises under this Section where the compensation or benefit increase is provided as part of an agreement in which the other bargaining unit agreed to economic concessions, e.g., retirement cost sharing, where there is no net increase in compensation and/or benefits.
1. The parties acknowledge the City’s management rights, including but not limited to, with respect to adopting and/or amending a budget, making an appropriation, and/or determining staffing levels, none of which constitute a compensation or benefit increase to trigger this Paragraph 2, even if the action increases the City’s aggregate payroll or benefit expenditures. This Paragraph 2 also is not triggered by an individual employee’s movement or placement within compensation structures already in effect, including but not limited to a promotion, step advancement, acting assignment, overtime assignment, and/or initial salary placement. This Paragraph 2 is also not triggered by a case-specific corrective or remedial payment made to correct a payroll error, comply with law, or resolve a grievance, administrative charge, claim or litigation. Any claim by HFFA under this Paragraph 2 must be made in writing within thirty (30) days after the purported increase. Any dispute arising under this Section shall be resolved through meet and confer and is not subject to Article XVII. This provisionParagraph 2 shall automatically sunset and be of no further force and effect on June 30, 2027, at 11:59 p.m.
2.3. 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.
3.4. Firefighter/ Paramedic Trainee: While attending a City-sponsored basic Firefighter training academy, employees with no prior sworn firefighting experience shall hold the 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 monthly contribution towards insurance benefits 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 compensation and benefits under the MOU to which they are entitled, including the fifteen percent (15%) paramedic anniversary of date the be shall date s new employee' The stipend. appointment as a Firefighter/ Paramedic. Upon appointment as a Firefighter/ Paramedic the employee shall begin a new 12 -month probationary period.
4.5. Longevity Stipend:
1. 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
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($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.
2. 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.
3. 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.
5.6. 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.
6.7. 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.
7.8. 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.
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8.9. 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 Commission of the by accredited Accrediting college community fully 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 Education (“NECHE”), Higher Learning Commission (“HLC”), Southern Association of Colleges and Schools Commission on Colleges (“SACSCOC”) and Northwest Commission on Colleges and Universities (“NWCCU”).
Any employee who earned a qualifying degree at an 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.
1. 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 Master's personnel presently holding or hereafter obtaining a Degree or a National Fire Academy, Executive Fire Officer Certification.
The City will pay a maximum amount of eight percent (8.0%) of base iii. 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.
9.10. 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.
10.11. Bilingual Certification and Compensation:
1. 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
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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.
2. 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.
11.12. 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.
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 mandatory the amount the modify of rules, internal prospectively employees' monthly contributions to the Trust in any increment of $25, or to include the mandatory leave separation of transfer of employee vacation leave or sick upon
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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:
1. 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 or employee’s current duties 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 (“NECHE”), Learning Higher Education of Higher 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 Office of California of the Training Specialized Institute Wildfire Group, or Emergency Services, National Coordination 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.
Each employee must attend on their own time and complete the course iii. satisfactorily with a passing grade of “C” or its numerical equivalent, or a “pass” or “credit” for the class.
The employee should obtain approval, in writing, from, the Fire Chief iv. prior to enrolling in the course.
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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.
2. Upon completion of the course with a grade of “C” or better, or “pass/credit,” the employee with eligible for receipts along report their attach shall grade 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.
3. Applications for reimbursement will be accepted no later than one month after the course grades have been distributed.
4. The Human Resources Manager will authorize a tuition reimbursement upon certification of satisfactory completion.
5. Reimbursement is limited to two thousand five hundred dollars ($2,500) per calendar year.
6. Copies of courses completed and the grades attained will be maintained in the employee’s personnel file and in the department’s file.
7. 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.
8. 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 Fire the by approved unless Human basis, Chief otherwise and 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
1. Work Schedules: Fire suppression personnel shall continue with an assigned three platoon 48/96 work schedule.
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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:
1. 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.
2. 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.
3. 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 will applicable with comply the then City hour and wage law, requirements of federal and state wage and hour law in determining the amount of overtime compensation due.
4. Physical Fitness for Sworn Personnel:
1. Sworn personnel may exercise while on duty pursuant to the terms of the existing department policy.
ARTICLE VIII -LEAVES
1. Sick Leave (Suppression Personnel):
1. Full time employees shall accrue sick leave at the rate of twelve (12) hours per calendar month ;
2. 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;
3. Each employee using sick leave must notify their designated officer prior to the beginning of their work shift, if possible;
4. The City may require a doctor’s certificate at any time as proof of illness;
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5. 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;
6. 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,
7. The Union shall cooperate with the Fire Chief to curb abuse of sick leave.
8. Unit members may use, at their discretion, accrued paid sick leave for baby- bonding leave under the California Family Rights Act (CFRA).
2. Sick Leave (Fire Prevention Officer):
1. Full time employees shall accrue sick leave at the rate of eight (8) hours per calendar month;
2. 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;
3. 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;
4. The City may require a doctor’s certificate at any time as proof of illness;
5. 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;
6. 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,
7. The Union shall cooperate with the Fire Chief to curb abuse of sick leave.
8. Unit members may use, at their discretion, accrued 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 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,
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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:
1. Suppression Personnel:
i. During the first three (3) years of service, employees shall accrue six (6) vacation shifts per year.
After three (3) years of service, employees shall accrue seven (7) vacation ii. shifts per year.
After six (6) years of service, employees shall accrue nine (9) vacation iii. shifts per year.
After nine (9) years of service, employees shall accrue ten (10) vacation iv. 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.
Employees shall cease to accrue vacation time when their accrued balance vii. equals the total amount earned by the unit member in the preceding 24 month period of employment.
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2. 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.
After six (6) years of service, employees shall accrue one hundred and iii. forty-four (144) vacation hours per year.
After nine (9) years of service, employees shall accrue one hundred and iv. 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.
Employees shall cease to accrue vacation time when their accrued balance vi. 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
3rd Monday in February Presidents’ Day
Last Monday in May Memorial Day
July 4 Independence Day
1st Monday in September Labor Day
November 11 Veterans’ Day
Fourth Thursday in November Thanksgiving Day
Day after Thanksgiving Fourth Friday in November
December 24 Christmas Eve
December 25 Christmas Day
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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.
a.
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.
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.
Commented [R3]: FPOs work a 4-10 schedule.
Commented [R4]: This is an existing provision.
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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.
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.
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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 efficiency operation, of economy possible, extent and the to further, fullest 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:
1. 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.
2. 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:
1. Tier I.
Part 1.A of this Article XIV applies to unit members hired before February 24, 2012.
3% at 50 Formula. i.
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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.
Required Bargaining Unit Member Contribution. iii.
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.
Required Bargaining, Unit Member Contribution. iii.
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
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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.
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.
Final Compensation Based On Three Year Average. ii.
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, permitted unit by contribution member maximum bargaining the 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 pursuant of the contract amendment, but the 3% cost-sharing to Government Code Section 20516(f) for Tier I and Tier II members shall cease.
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
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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:
1. 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. ii. Final Compensation Based on Highest Twelve
Month Period.
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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).
Required Bargaining Unit Member Contribution. iii.
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 amended January 9, 1998. The Union voluntarily accepts the new policy, concerning disability with the exception of the provisions for eligibility retirement. The parties agree, however, that should any other non-management labor organization negotiate a 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
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association negotiate 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 (7/1/20246 – 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:
1. Discussed with the Union prior to adoption;
2. Submitted to the Union prior to adoption;
3. Posted in conspicuous places so that employees are advised and have notice of such rules and/or regulations prior to their implementation.
2. 1. 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.
2.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.
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 Commented [LDK5]: There is a problem with the document and numbering above.
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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.
Step 4: The decision of the City Manager will be final unless appealed as provided 11. herein below.
The grievant may appeal the decision of the City Manager within fifteen (15) days of 12. 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.
Conduct of Hearings: All hearings shall be open to the public provided, however, that 13. 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 provided 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.
Hearing Officer’s Decision: The hearing officer shall render their decision as soon after 14. 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 any existing or prior other and herein, set matters the regarding forth understanding or agreements by the parties, whether formal or informal, regarding such matters 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, approved 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, the 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 provision 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 Team following Hazardous Materials Response Team Management 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.
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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. 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 presentations. 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, Response implementation, and administration of the Hazmat team Program to regulate and enforce federal, state, and local laws, ordinances, and regulations identification, material hazardous handling, pertaining to 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).
17.F.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF HEMET AND
HEMET CITY FIRE FIGHTERS LOCAL NO. 2342
TABLE OF CONTENTS
Page
-i-
13446921.7 HE040-032
ARTICLE I - RECOGNITION ......................................................................................................1 ARTICLE II - MANAGEMENT RIGHTS ....................................................................................1 ARTICLE III - NONDISCRIMINATION .....................................................................................2 ARTICLE IV - BENEFITS ............................................................................................................3 ARTICLE V - SALARIES AND INCENTIVE PAY ....................................................................5 ARTICLE VI - TUITION REIMBURSEMENT PROGRAM.......................................................9 ARTICLE VII - HOURS AND WORK SCHEDULE .................................................................11 ARTICLE VIII - LEAVES...........................................................................................................11 ARTICLE IX - VACATIONS......................................................................................................13 ARTICLE X - HOLIDAYS..........................................................................................................14 ARTICLE XI - MISCELLANEOUS............................................................................................15 ARTICLE XII - LAYOFF PROCEDURE ...................................................................................15 ARTICLE XIII - STAFFING .......................................................................................................16 ARTICLE XIV - RETIREMENT.................................................................................................17 ARTICLE XV - DISCIPLINE AND DISCHARGE RULES AND REGULATIONS................21 ARTICLE XVI - HAZARDOUS MATERIALS RESPONSE TEAM ........................................22 ARTICLE XVII - GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE................22 ARTICLE XVIII - COMPLETION OF MEET AND CONFER .................................................25 ARTICLE XIX - – JOB DESCRIPTIONS...................................................................................25 ARTICLE XX - SAVINGS CLAUSE .........................................................................................27
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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, 2026 through June 30, 2027. 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, fire 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
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that the Union shall be afforded the 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.
From the date the City Council approves this MOU through 11:59 p.m. on June 30, 2027, the City will not enter into any agreement with any third party for the provision of fire suppression services with the City in lieu of, or as a replacement for, fire suppression services provided by the City’s Fire Department. This paragraph does not apply to an arrangement provided City’s the by suppression services supplements that fire Department, including but not limited to automatic aid, mutual aid, boundary drop, master mutual aide, strike team, or other reciprocal or cooperative emergency-response arrangement with public agencies, and does not apply to ambulance transport, emergency medical transport, dispatch, fire prevention, plan check, inspection, training, fleet or administrative services. This paragraph only prohibits the City’s entry into an agreement for replacement fire suppression services, and prohibits no other action, including without limitation, studying or evaluating alternative methods of providing fire suppression or other fire or emergency medical services. This paragraph shall expire automatically and be of no further force and effect at 11:59 p.m. on June 30, 2027.
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 limited 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.
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ARTICLE IV -BENEFITS
1. Health Insurance:
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 contributions make the following monthly towards employees’ medical insurance premiums:
KAISER LOW Beginning Plan Year
2025/2026
Beginning Plan Year
2026/2027
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
$706.20
Employee +1 $1,150.00 $1,175.09
Employee +2 or more $1,645.00 $1,681.51
KAISER HIGH Plan Year
2025/2026
Plan Year 2026/2027
Employee Only Dollar Amount
Equivalent to 100%
Employer-Paid
Dollar Amount
Equivalent to 100%
Employer-Paid
$816.35
Employee +1 $1,150.00 $1,179.03
Employee +2 or more $1,720.00 $1,761.09
•Same amounts as above shall be used for Aetna Basic (Kaiser Low) and Aetna Enhanced (Kaiser High)
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.
There will be no further increases to the medical insurance premiums paid by the City beyond 2026/2027, unless and until subsequently negotiated by the parties.
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2. Vision Benefit:
The maximum vision benefit per family per calendar year shall be five hundred dollars ($500.00).
No vision benefit shall be payable for replacement of existing lenses more than twice per year per individual.
No vision benefit shall be payable for replacement of frames more than once per year, per individual.
No vision benefit shall be payable for lenses which are not prescription lenses.
The limitation on the tinting of prescription lenses is deleted.
The vision benefit may be used for laser eye surgery.
3. Uniform Allowance: 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; 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:
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; 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; 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.
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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
Salary Increases:
A. COLA and Market Equity Adjustment. There is no COLA or market equity adjustment provided during the term of this Agreement, except as may be applicable pursuant to Section 2, below.
1. 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. No obligation arises under this Section where the compensation or benefit increase is provided as part of an agreement in which the other bargaining unit agreed to economic concessions, e.g., retirement cost sharing, where there is no net increase in compensation and/or benefits.
The parties acknowledge the City’s management rights, including but not limited to, with respect to adopting and/or amending a budget, making an appropriation, and/or determining staffing levels, none of which constitute a compensation or benefit increase to trigger this Paragraph 2, even if the action increases the City’s aggregate payroll or benefit expenditures. This Paragraph 2 also is not triggered by an individual employee’s movement or placement within compensation structures already in effect, including but not limited to a promotion, step advancement, acting assignment, overtime assignment, and/or initial salary placement. This Paragraph 2 is also not triggered by a case-specific corrective or remedial payment made to correct a payroll error, comply with law, or resolve a grievance, administrative charge, claim or litigation. Any claim by HFFA under this Paragraph 2 must be made in writing within thirty (30) days after the purported increase. Any dispute arising under this Section shall be resolved through meet and confer and is not subject to Article XVII. This Paragraph 2 shall automatically sunset and be of no further force and effect on June 30, 2027, at 11:59 p.m.
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2. 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.
3. Firefighter/ Paramedic Trainee: While attending a City-sponsored basic Firefighter training academy, employees with no prior sworn firefighting experience shall hold the 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 monthly contribution towards insurance benefits 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 compensation and benefits under the MOU to which they are entitled, including the fifteen percent (15%) paramedic anniversary date the be shall date s of employee' The stipend. new appointment as a Firefighter/ Paramedic. Upon appointment as a Firefighter/ Paramedic the employee shall begin a new 12 -month probationary period.
4. Longevity Stipend:
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.
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.
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.
5. 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
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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.
6. 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.
7. 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.
8. 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 fully Commission Accrediting the by college of community accredited 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 Education (“NECHE”), Higher Learning Commission (“HLC”), Southern Association of Colleges and Schools Commission on Colleges (“SACSCOC”) and Northwest Commission on Colleges and Universities (“NWCCU”).
Any employee who earned a qualifying degree at a non-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.
The following certificate incentives will be provided to unit members:
The City will pay three percent (3.0%) of base salary to those sworn personnel presently holding or hereafter obtaining a Bachelor's Degree.
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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.
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.
9. 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.
10. Bilingual Certification and Compensation:
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.
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.
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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.
11. 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.
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 mandatory the of amount modify the rules, internal prospectively employees' monthly contributions to the Trust in any increment of $25, or to include the mandatory sick of separation upon leave or of vacation employee transfer leave 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:
Full time, permanent employees shall qualify for participation in the tuition reimbursement program. Reimbursement will be subject to the following:
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.
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
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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 Specialized Training Institute of the California Office of Emergency Services, National Wildfire Coordination Group, or certification classes approved at the sole, non-grievable discretion of Human Resources. Any employee who was enrolled at a non-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.
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.
The employee should obtain approval, in writing, from, the Fire Chief prior to enrolling in the course.
Such reimbursement shall include tuition, books and parking fees used to complete course requirements not on assigned projects, but shall include travel time, mileage, or other miscellaneous costs.
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.
Applications for reimbursement will be accepted no later than one month after the course grades have been distributed.
The Human Resources Manager will authorize a tuition reimbursement upon certification of satisfactory completion.
Reimbursement is limited to two thousand five hundred dollars ($2,500) per calendar year.
Copies of courses completed and the grades attained will be maintained in the employee’s personnel file and in the department’s file.
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.
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.
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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
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:
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.
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.
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:
Sworn personnel may exercise while on duty pursuant to the terms of the existing department policy.
ARTICLE VIII -LEAVES
1. Sick Leave (Suppression Personnel):
Full time employees shall accrue sick leave at the rate of twelve (12) hours per calendar month ;
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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;
Each employee using sick leave must notify their designated officer prior to the beginning of their work shift, if possible;
The City may require a doctor’s certificate at any time as proof of illness; 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;
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, The Union shall cooperate with the Fire Chief to curb abuse of sick leave.
Unit members may use, at their discretion, accrued paid sick leave for baby-bonding leave under the California Family Rights Act (CFRA).
2. Sick Leave (Fire Prevention Officer):
Full time employees shall accrue sick leave at the rate of eight (8) hours per calendar month; 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;
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; The City may require a doctor’s certificate at any time as proof of illness; 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;
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, The Union shall cooperate with the Fire Chief to curb abuse of sick leave.
Unit members may use, at their discretion, accrued 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
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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 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:
Suppression Personnel:
During the first three (3) years of service, employees shall accrue six (6) vacation shifts per year.
After three (3) years of service, employees shall accrue seven (7) vacation shifts per year.
After six (6) years of service, employees shall accrue nine (9) vacation shifts per year.
After nine (9) years of service, employees shall accrue ten (10) vacation shifts per year.
After twelve (12) years of service, employees shall accrue eleven (11) vacation shifts per year.
The term “shift” shall mean one 24 hour working period.
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.
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Fire Prevention Officer:
During the first three (3) years of service, employees shall accrue ninety-six (96) vacation hours per year.
After three (3) years of service, employees shall accrue one hundred and twenty (120) vacation hours per year.
After six (6) years of service, employees shall accrue one hundred and forty-four (144) vacation hours per year.
After nine (9) years of service, employees shall accrue one hundred and sixty (160) vacation hours per year.
After twelve (12) years of service, employees shall accrue one hundred and sixty-eight (168) vacation hours per year.
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.
ARTICLE X - HOLIDAYS
1. 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
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.
a. Reporting. Sworn classifications require scheduled staffing without regard to holidays and will have their holiday pay reported as special compensation to CalPERS. The Parties
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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.
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.
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.
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.
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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.
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 the and economy possible, extent further, to efficiency operation, fullest of 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:
Fifteen (15) 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.
The City and Union in agreeing to this minimum manning, further agree that maintenance of this provision shall be accomplished by:
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;
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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.
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.
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).
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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.
Required Bargaining, Unit Member Contribution. iii.
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.
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).
Required Bargaining, Unit Member Contribution. iii.
Each unit member shall continue to pay one half of the normal cost of pension benefits.
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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 3% to pursuant cost-sharing the but contract the of amendment, Government Code Section 20516(f) for Tier I and Tier II members shall cease.
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:
1. 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.
Final Compensation Based on Highest Twelve ii.
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.
Required Bargaining, Unit Member Contribution. iii.
Each unit member shall continue to pay the 8% employee share of contributions to the retirement plan.
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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. 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.
Required Bargaining, Unit Member Contribution. iii.
Each unit member shall pay the 8% employee share of contributions to the retirement plan.
C. Tier III.
Part 2.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 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.
Final Compensation Based On Three Year Average. ii.
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).
Required Bargaining Unit Member Contribution. iii.
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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 amended January 9, 1998. The Union voluntarily accepts the new policy, concerning disability for eligibility the provisions exception the with of retirement. The parties agree, however, that should any other non-management labor organization negotiate a 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 negotiate 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 (7/1/2026 – 6/30/2027), 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:
Discussed with the Union prior to adoption;
Submitted to the Union prior to adoption;
Posted in conspicuous places so that employees are advised and have notice of such rules and/or regulations prior to their implementation.
2. The probationary period following initial appointment is one year from date of 1. 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
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performing duties similar in scope to those performed by firefighters/paramedics in Hemet.
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.
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
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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.
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
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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.
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.
Step 4: The decision of the City Manager will be final unless appealed as provided 11. herein below.
The grievant may appeal the decision of the City Manager within fifteen (15) days of 12. 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.
Conduct of Hearings: All hearings shall be open to the public provided, however, that 13. 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.
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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 provided 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.
Hearing Officer’s Decision: The hearing officer shall render their decision as soon after 14. 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 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 and existing or prior other any herein, set matters the regarding forth understanding or agreements by the parties, whether formal or informal, regarding such matters 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, approved 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, the parties expressly agree that any internal qualified Hemet Fire Department candidate for promotion into these positions shall
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26 13446921.7 HE040-032
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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27 13446921.7 HE040-032
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 provision 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
Laura Drottz Kalty
Chief Negotiator
Dan Billington
Vice President
Norma Rangel
Human Resources Manager
Daniel Loomis
Robert Wexler
Chief Negotiator
Linda Krupa
Mayor
Date:
ATTEST:
John Maier, City Clerk
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28 13446921.7 HE040-032
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 Team following Hazardous Materials Response Team Management 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.
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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. 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 presentations. 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, Response implementation, and administration of the Hazmat team Program to regulate and enforce federal, state, and local laws, ordinances, and regulations identification, material hazardous handling, pertaining to 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 - Sep 22 2026
Department: Police Department
Submitted by: Noah Rau, Interim City Manager
Martha Martinez, Management Analyst, Michael Arellano, Chief of Police;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution Accepting the California Office of Traffic Safety (OTS) 2027 Selective Traffic Enforcement Program (STEP) Grant in the Amount of $92,000
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2026-165 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENFORCEMENT TRAFFIC 2027 SELECTIVE ACCEPTING CALIFORNIA, HEMET, THE PROGRAM (STEP) GRANT IN THE AMOUNT OF $92,000 FROM THE STATE OF CALIFORNIA – OFFICE OF TRAFFIC SAFETY (OTS); AUTHORIZING THE INTERIM CITY MANAGER, OR DESIGNEE, ADMINISTRATIVE TO EXECUTE AGREEMENT; AND AUTHORIZING THE
SERVICES DIRECTOR TO ESTABLISH REVENUE AND EXPENDITURE ACCOUNTS WITH
BUDGET APPROPRIATIONS FOR THE GRANT PERIOD
EXECUTIVE SUMMARY:
The Hemet Police Department applied for the California Office of Traffic Safety (OTS) 2027 Selective Traffic Enforcement Program (STEP) Grant and, through a competitive process, was awarded $92,000.
BACKGROUND/ANALYSIS:
The California Office of Traffic Safety (OTS) awards Federal National Highway Traffic Safety Administration grant funds on a competitive basis to state and local jurisdictions under the Selective Traffic Enforcement Program (STEP). The Hemet Police Department submitted a grant application and was awarded $92,000 for the federal fiscal year 2027 grant period, October 1 through September 30, in accordance with the grant agreement (Attachment 2).
In 2025, there were 308 injury crashes in Hemet, resulting in 473 people injured. Roughly 22% of those injury crashes involved the use of alcohol and/or drugs. There were 26 pedestrians and 25
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bicyclists injured from crashes in Hemet during the same year. Although the City of Hemet saw a decrease in fatal crashes recording 9 deaths in 2025, compared to 13 deaths in 2024, approximately 50% of all fatal crashes in 2025 involved impaired drivers. In addition to impaired driving, unsafe speed continues to be a top 3 primary crash factor for all crashes that occur in the city. Approximately 25% of all injury crashes that occurred in 2025 involved unsafe speed.
DISCUSSION:
The Police Department has successfully used OTS grant funds to staff overtime operations with the goal of reducing traffic fatalities, injury collisions, and arresting DUI drivers. Given the current staffing levels, we find that deploying officers on an overtime basis is the best way to prevent collisions and remove impaired drivers from our roadways.
The OTS 2027 STEP Grant includes funding for overtime and training in best practices for reducing injury and impaired-driving traffic collisions. Grant objectives include 28 extra enforcement operations and specialized training for officers.
The grant strategies include a public education campaign, basic and advanced field sobriety test training, DUI checkpoints and saturation patrols, pedestrian/bicycle safety enforcement, and motorcycle safety enforcement among other overtime traffic enforcement activities. Funding is also provided for the purchase of DUI checkpoint supplies such as traffic cones, visibility vests, lighting, electronic flares, anti-fatigue mats, etc.
The OTS 2027 STEP Grant award of $92,000 includes $86,547 for overtime, $2,972 for training in best practices for reducing injury and impaired-driving traffic collisions, and $2,481 for supplies.
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 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.
FISCAL IMPACT:
No match is required and grant administration is handled as a collateral duty with existing personnel; therefore, there is no impact to the general fund.
The Administrative Services Director will establish revenue and expenditure accounts with budget appropriations for the grant period in Fund 232, Public Safety Grants.
Revenue:
$92,000
Expenditures:
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$ 86,547 Overtime
$ 2,972 Training and Education
$ 2,481 Uniforms & Safety Equipment
ALTERNATIVE(S):
1. Do not accept the grant award.
2. Provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachment No. 1 - Reso. No. 2026-165
Attachment 2_Grant Agreement - PT27075 HEMET
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CITY OF HEMET RESOLUTION NO. 2026-165 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF 2027 HEMET, CALIFORNIA, ACCEPTING THE
PROGRAM ENFORCEMENT SELECTIVE TRAFFIC
(STEP) GRANT IN THE AMOUNT OF $92,000 FROM THE
STATE OF CALIFORNIA – OFFICE OF TRAFFIC SAFETY
(OTS); AUTHORIZING THE INTERIM CITY MANAGER, OR
DESIGNEE, AGREEMENT; TO EXECUTE AND
AUTHORIZING THE ADMINISTRATIVE SERVICES
DIRECTOR TO ESTABLISH REVENUE AND
EXPENDITURE ACCOUNTS WITH BUDGET
APPROPRIATIONS FOR THE GRANT PERIOD.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the State of California - Office of Traffic Safety (OTS), issued a request for applications for the Selective Traffic Enforcement Program (STEP) – Fiscal Year 2027; and
WHEREAS, this program furthers the Organization’s strategic plans by enabling the Police Department to enhance public safety with additional, dedicated traffic enforcement thus improving the safety of our roadways; and WHEREAS, the Hemet Police Department submitted a competitive application to the State for funds to be used for Police Officer overtime for training classes, directed enforcement traffic operations, and supplies; and
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CITY OF HEMET RESOLUTION NO. 2026-165 2
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WHEREAS, the Hemet Police Department has been awarded $92,000 for the grant period of October 1, 2026 to September 30, 2027; and WHEREAS, the City Council has determined that it is necessary for the efficient management be and operation of the Police Department, that the grant funds appropriated to the Police Department budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - That the City Council hereby accepts the award of the California State Office of Traffic Safety (OTS) 2027 Selective Traffic Enforcement Program (STEP) Grant in the amount of $ 92,000 for the grant period of October 1, 2026 through September 30, 2027.
SECTION 2.DETERMINES - Upon receipt of the award, the City Council authorizes the Interim City Manager, or designee, to execute Agreement; and authorizes the Administrative Services Director to establish revenue and expenditure accounts with budget appropriations for the grant performance period.
SECTION 3.RESOLVES - This Resolution shall become effective on September 22, 2026.
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CITY OF HEMET RESOLUTION NO. 2026-165 3
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PASSED, APPROVED AND ADOPTED this 22nd day of September, 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. 2026-165 4
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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 22nd day of September 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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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT27075
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Hemet From:
To:
10/01/2026
09/30/2027 4. AGENCY UNIT TO ADMINISTER GRANT
Hemet Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed:
Allocation is contingent upon availability of federal funds. $92,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access
*The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEMS). OTS’s approach to using the OTS Grant Agreement template is consistent with the California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.
Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully signed and executed. Any such costs are incurred at the grantee’s own risk and may not be reimbursed.
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8. Approval Signatures
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the grant terms and conditions described herein.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Matt Chavez
Sergeant
(951) 765-2400
450 E. Latham Ave.
Hemet, CA 92543
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Noah Rau
Interim City Manager
(951) 765-2362
445 E. Florida Avenue
Hemet, CA 92543
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Martha Martinez
Management Analyst
(951) 765-2409
450 E. Latham Ave.
Hemet, CA 92543
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Stephanie Dougherty
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Mary Khang
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
DJBVYNK4LEK8
445 E. Florida Ave.
Hemet
92543-4209
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $92,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds.
$92,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $92,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT27075
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
Hemet is a city in the San Jacinto Valley located in Riverside county, California. It covers a total area of 27.8 square miles, about half of the valley, which it shares with the neighboring city of San Jacinto. The Hemet Police Department is a municipal law enforcement agency serving approximately 95,000 residents.
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
In 2025, there were 308 injury crashes in Hemet, resulting in 473 people injured. Roughly 22% of those injury crashes involved the use of alcohol and/or drugs. There were 26 pedestrians and 25 bicyclists injured from crashes in Hemet during the same year. Although the City of Hemet saw a decrease in fatal crashes recording 9 deaths in 2025, compared to 13 deaths in 2024, approximately 50% of all fatal crashes in 2025 involved impaired drivers. In addition to impaired driving, unsafe speed continues to be a top 3 primary crash factor for all crashes that occur in the city. Approximately 25% of all injury crashes that occurred in 2025 involved unsafe speed.
With the support of the California Office of Traffic Safety (OTS), the Hemet Police Department has successfully staffed overtime operations with the goal of reducing fatalities, reducing injury crashes, and apprehending DUI drivers. Given our current staffing levels and drastic decline in personnel (Specifically assigned to the Traffic Bureau), we find that deploying Officers on an overtime basis is the best way to decrease crashes and remove impaired drivers from the roadways.
Define the target population the grant intends to serve and how they are affected by the problem(s).
In 2025, there were 308 injury crashes in Hemet, resulting in 473 people injured. Roughly The Hemet Police Department is a municipal law enforcement agency serving approximately 95,000 residents. Many of these residents travel city roadways throughout the entire community including, motorists, bicyclists, transit riders, and pedestrians. Enforcement emphasis will be placed on individuals who are at increased risk of being involved in a traffic crash including drivers who engage in impaired, distracted, speeding, or other unsafe driving behaviors, as well as pedestrians and bicyclists who are especially vulnerable to serious injury or death when involved in a crash.
Over the last few years, The Hemet Police Department has experienced a steady reduction in budget and personnel since 2008. At its peak, the department had 100 sworn police officer positions and enjoyed a robust traffic bureau consisting of 11 people. As of the beginning of January 2025, department staffing remains low at 80 sworn officers and the traffic bureau is staffed with 7 personnel; 1 Traffic Sergeant, 4 Motor Officers and 2 non-sworn Crash Investigators. Patrol Officers in Hemet work non-overlapping twelve- hour shifts and are required to handle emergency calls for service, investigate traffic crashes, and enforce DUI laws. Additionally, the city has called for 7 day-a-week traffic coverage. Any available free time on patrol is shared between proactive crime prevention, traffic enforcement, and DUI enforcement.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
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10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. Report on the outcomes of the “DUI BOLO” program.
12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Send law enforcement personnel to the DRE Recertification training. 1
8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
3 9. Conduct DUI Saturation Patrol operation(s). 13
10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
5 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 1 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2