Agenda packet — Wildomar City Council, November 8, 2023 (part 2 of 5)

7. Overhead aerial photographs at controlled scale.

8. Engineering other than that provided within the Scope of Services.

9. Agency processing of completed plans.

10. Arborist’s Report
We would be pleased to answer any questions you may have to clarify the various points above. If the proposal meets with your approval, please sign below where indicated and return one copy for our files. I look forward to working with you on this project.

Sincerely Yours,
Architerra Design Group, Accepted: City of Wildomar
By:

Richard Krumwiede Title:

President Date:

CA PLA #2834
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ARCHITERRA DESIGN GROUP, INC.

HOUR & COST PROJECTIONS
JOB NAME: LLMD Renovations Construction Documents and Construction Administration CLIENT: City of Wildomar
CONTACT: Jason Farag
DATE: 10/30/23
PREPARED BY: Kay

LLMD/CFD PEER REVIEW REPORT & DEVELOPMENT OF PSE
SCOPE OF WORK PRINCIPALDIRECTORPROJECT MGR.DESIGNER CAD CLERICALTOTAL HRS.COST PER TASK PROJECT KICK-OFF MEETING 1 1 1 2 5 $760.00
SITE VISITS - 25 LLMD/CFD ZONES 52 52 $6,500.00
CONCEPTUAL PLANT PALETTE 2 2 4 8 $1,120.00
CONCEPTUAL IRRIGATION RETROFIT REPORT 1 1 4 6 $810.00
REPORT - 25 LLMD/CFD AREA ENHANCMENTS 2 2 40 44 $5,620.00 COST ESTIMATES - 25 LLMD/CFD AREAS 2 30 32 $4,020.00
MEET WITH AGENCY TO REVIEW REPORT & PSE SCOPE 2 2 2 4 10 $1,520.00 PSE SCOPE AND FEES 4 4 $540.00
PROJECT ADMINISTRATION & COMMUNICATIONS 1 1 28 30 $4,155.00 TOTALS 4 9 42 136 0 0 191 $25,045.00
GRAND TOTAL (PHASE 1) $25,045.00

CONSTRUCTION DOCUMENT PHASE 2A (HIGH PRIORITY/5
SITES):

PRINCIPALDIR. OF
DESIGNPROJECT MGR.DESIGNER CAD CLERICALTOTAL HRS.COST PER TASK CAD BASE SHEET DEVELOPMENT (4 HRS/5 AREAS) 5 5 10 20 $2,300.00 *TITLE SHEET/PROJECT INFO. 5 5 5 15 $1,800.00
UTILITY RESEARCH 5 5 $625.00
DEMOLITION PLAN 10 10 20 $2,350.00
IRRIGATION PLAN (5 HRS/AREA) 10 15 25 $2,850.00
IRRIGATION DETAILS 3 3 $300.00
*PREPARE WATER EFFICIENT LNDSCP. WKSHT. 10 10 $1,350.00 *PREP. 2 IRRIG. CONTROLLER CHARTS 10 10 $1,350.00
PLANTING PLAN (5 HRS/AREA) 5 5 15 25 $3,050.00
PLANTING DETAILS 3 3 $300.00
PLANTING/IRRIGATION HYDROZONE PLAN (5 AREAS @ 1 HR EA.) 5 5 $500.00 IRRIGATION & PLANTING SPECIFICATIONS 5 5 $675.00
COST ESTIMATE (FINAL) 5 10 15 $1,675.00
*SOILS TEST & REPORT TIME (THIRD PARTY REPORT BILLED AS REIMB) 2 2 $270.00 *PREPARE ANNUAL IRRIG. & PLNTG. MAINT. SCH. 5 5 $675.00 PACKAGE COORDINATION 10 10 $1,350.00
MEET W/AGENCY (2 VIRTUAL MTGS.) 4 4 8 $1,240.00
MEETING PREPARATION 6 6 $810.00
PLAN CHECKING 10 10 $1,750.00
PLAN CHECK CORRECTIONS (IN-HOUSE/AGENCY) 4 12 16 $1,740.00 AGENCY PROCESSING 5 5 $675.00
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BID FORM PREPARATION 8 8 $1,080.00
ATTEND PRE-BID MEETING 3 3 $405.00
ANSWER RFI'S 4 4 $540.00
PREPARE ADDENDUM 2 2 $270.00
REVIEW BIDS/ASSIST CITY WITH EVALUATION 8 8 $1,080.00
PROJECT ADMINISTRATION & COMMUNICATIONS 17 17 $2,295.00 TOTALS 0 19 143 15 88 0 265 $33,305.00
* AB 1881 COMPLIANCE ITEMS

CONSTRUCTION DOCUMENT PHASE 2B (REMAINDER/20
SITES): PRINCIPALDIR. OF
DESIGNPROJECT MGR.DESIGNER CAD CLERICALTOTAL HRS.COST PER TASK CAD BASE SHEET DEVELOPMENT (4 HRS/20 AREAS) 10 10 60 80 $8,600.00 *TITLE SHEET/PROJECT INFO. 10 10 10 30 $3,600.00
UTILITY RESEARCH 10 10 $1,250.00
DEMOLITION PLAN 20 10 60 90 $9,950.00
IRRIGATION PLAN (5 HRS/AREA) 25 75 100 $10,875.00
IRRIGATION DETAILS 10 10 $1,000.00
*PREPARE WATER EFFICIENT LNDSCP. WKSHT. 10 10 $1,000.00 *PREP. 2 IRRIG. CONTROLLER CHARTS 10 10 $1,000.00
PLANTING PLAN (5 HRS/AREA) 10 15 75 100 $11,275.00
PLANTING DETAILS 10 10 $1,000.00
PLANTING/IRRIGATION HYDROZONE PLAN (20 AREAS @ 0.5 HRS EA.) 10 10 $1,000.00 IRRIGATION & PLANTING SPECIFICATIONS 10 10 $1,000.00
COST ESTIMATE (FINAL) 20 40 60 $6,700.00
*SOILS TEST & REPORT TIME (THIRD PARTY REPORT BILLED AS REIMB) 5 5 $675.00 *PREPARE ANNUAL IRRIG. & PLNTG. MAINT. SCH. 20 20 $2,700.00 PACKAGE COORDINATION 20 20 $2,700.00
MEET W/AGENCY (2 VIRTUAL MTG.) 4 4 8 $1,240.00
MEETING PREPARATION 3 3 $405.00
PLAN CHECKING 30 30 $5,250.00
PLAN CHECK CORRECTIONS (IN-HOUSE/AGENCY) 10 30 40 $4,350.00 AGENCY PROCESSING 10 10 $1,350.00
BID FORM PREPARATION 6 6 $810.00
ATTEND PRE-BID MEETING 3 3 $405.00
ANSWER RFI'S 4 4 $540.00
PREPARE ADDENDUM 2 2 $270.00
REVIEW BIDS/ASSIST CITY WITH EVALUATION 7.5 7.5 $1,012.50 PROJECT ADMINISTRATION & COMMUNICATIONS 40 40 $5,400.00 TOTALS 0 44 234.5 40 410 0 728.5 $85,357.50
* AB 1881 COMPLIANCE ITEMS
CONSTRUCTION ADMINISTRATION PHASE 3A (HIGH
PRIORITY/5 SITES): PRINCIPALDIR. OF
DESIGNPROJECT MGR.DESIGNER CAD CLERICALTOTAL HRS.COST PER TASK CONTRACTOR KICK OFF/SITE MEETING 6 6 $810.00
SUBMITTAL REVIEW/SHOP DRAWING REVIEW 20 20 $2,700.00
RFI RESPONSE 10 10 $1,350.00
SITE INSPECTION (4 HRS/DAY, 5 DAYS/WEEK, 10 WEEKS) 200 200 $27,000.00 247
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OBSERVATION REPORT / PUNCH LIST 50 50 $6,750.00
PREPARE CHANGE ORDER 5 5 $675.00
WEEKLY WORKING DAYS STATEMENTS 10 10 $1,350.00
PROGRESS PAYMENTS/REVIEW PAYROLL 20 20 $2,700.00
PROJECT ADMINISTRATION & COMMUNICATIONS 6 6 $810.00
TOTALS 0 0 327 0 0 0 327 $44,145.00
CONSTRUCTION ADMINISTRATION PHASE 3B (REMAINDER/20
SITES): PRINCIPALDIR. OF
DESIGNPROJECT MGR.DESIGNER CAD CLERICALTOTAL HRS.COST PER TASK CONTRACTOR KICK OFF/SITE MEETING 6 6 $810.00
SUBMITTAL REVIEW/SHOP DRAWING REVIEW 20 20 $2,700.00
RFI RESPONSE 10 10 $1,350.00
SITE INSPECTION (8 HRS/DAY, 5 DAYS/WEEK, 10 WEEKS) 400 400 $54,000.00 OBSERVATION REPORT / PUNCH LIST 50 50 $6,750.00
PREPARE CHANGE ORDER 5 5 $675.00
WEEKLY WORKING DAYS STATEMENTS 10 10 $1,350.00
PROGRESS PAYMENTS/REVIEW PAYROLL 20 20 $2,700.00
PROJECT ADMINISTRATION & COMMUNICATIONS 22 22 $2,970.00 TOTALS 0 0 543 0 0 0 543 $73,305.00
HOURLY BILLING RATES $200.00$175.00$135.00$125.00$100.00 $65.00 GRAND TOTAL ALL PHASES $261,157.50
ESTIMATED REIMBURSABLE ALLOWANCE FOR MILEAGE AND THIRD-PARTY SOIL TESTING $6,000.00 248

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EXHIBIT "B"

COMPENSATION

Note: In the event there are any conflicts between the terms of this Agreement and the terms of the attached compensation schedule prepared by Service Provider, the language in this Agreement shall control.

I. Service Provider shall use the following rates of pay in the performance of the Services:

A. Per Exhibit “A”, Scope of Services.

II. Service Provider may utilize sub-contractors as indicated in this Agreement.

The hourly rate for any subcontractor shall be per Exhibit “A”, Scope of Services, or as otherwise agreed to by the City provided the total compensation of the Services shall not exceed what is shown in Section IV of this exhibit.

IV. The total compensation for the Services shall not exceed $300,000, as provided in Section 4 “Compensation and Method of Payment” of this Agreement. 249

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EXHIBIT "C"
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.

If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
250

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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.

Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The 251

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policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

252

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER:Terri Abercrombie
INITIATED: FY 23/24
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 33,000$ 33,000$ - $ -$ - $ - $ Design/PS&E 150,000 150,000 - - - - Right-of-Way - - - - - - Construction - TBD - - - - Const Admin/Inspect. 152,000 152,000 - - - - Total Cost: 335,000$ 335,000$ -$ -$ -$ -$

FUNDING SOURCES
251 - LLMD Zone 3 160,800$ 160,800$ - $ -$ - $ - $ 251 - LLMD Zone 29 13,400 13,400 - - - - 251 - LLMD Zone 30 26,800 26,800 - - - - 251 - LLMD Zone 42 13,400 13,400 - - - - 251 - LLMD Zone 51 13,400 13,400 - - - - 251 - LLMD Zone 52 13,400 13,400 - - - - 251 - LLMD Zone 67 13,400 13,400 - - - - 251 - LLMD Zone 71 13,400 13,400 - - - - 251 - LLMD Zone 181 13,400 13,400 - - - - 260 - CFD Zone 1 and 2 13,400 13,400 - - - - 261 - CFD Zone 3 13,400 13,400 - - - - 263 - CFD Zone 5 13,400 13,400 - - - - 253 - CSA 103 13,400 13,400 - - - - - - - - - -

PROJECT SUMMARY
Landscape Maintenance District Enhancements 100
Citywide (LLMDs, CFDs, CSAs) Other

PROJECT DESCRIPTION AND EXHIBIT
This project will upgrade existing landscaping and irrigation in Landscape and Lighting Maintenance Districts (LLMDs), Community Facilities Districts (CFDs), and Community Services Areas (CSAs).

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.9
Meeting Date: November
8, 2023
SUBJECT:

Funding Agreements with the Riverside County Transportation Commission for the Clinton Keith Rd. Widening and Bundy Canyon Rd. Improvement, Segments 2 and 3, Projects
SUBMITTED BY:

Jason Farag
PREPARED BY:

Jason Farag

ACTION:

1. Authorize the City Manager to execute the following agreements with the Riverside County Transportation Commission (RCTC):

Agreement for the Funding of TUMF and Measure A Regional Arterial Improvements with the City of Wildomar for Clinton Keith Road Widening Project Agreement for the Funding of Measure A Regional Arterial Improvements with the City of Wildomar for Bundy Canyon Road Improvement Project, Segment 2 Agreement for the Funding of Measure A Regional Arterial Improvements with the City of Wildomar for Bundy Canyon Road Improvement Project, Segment 3

2. Authorize the City Manager to approve and execute amendments related to each of the three agreements that are non-substantive in nature.

3. Approve budget appropriations and increases in revenue budgets for Fund 508 to allocate available grant funds to the three projects as identified in the Fiscal Impact and Account Code sections of this staff report.

SUMMARY:

The City of Wildomar was recently awarded grant funds from the Riverside County Transportation Commission (RCTC) for the construction of the Clinton Keith Rd. Widening and Bundy Canyon Rd. Improvement, Segments 2 and 3, Projects. Funding agreements for the grant funding must now be executed between the City and RCTC.

BACKGROUND:

In April 2023, the City of Wildomar submitted three grant funding applications to the Riverside County Transportation Commission (RCTC) under their 2023 Measure A Regional Arterials 254
Call for Projects. The City's applications included construction funding requests for the Clinton Keith Rd. Widening Project, the Bundy Canyon Rd. Improvement Project, Segment 2, and the Bundy Canyon Rd. Improvement Project, Segment 3.

The City's funding requests for the Clinton Keith Rd. Widening Project and the Bundy Canyon Rd. Improvement Project, Segment 2, were both approved. In addition, partial funding for the Bundy Canyon Rd. Widening Project, Segment 3, was also approved.

DISCUSSION:

The next step in the grant award process is to execute funding agreements with RCTC for each of the three projects that will receive funding. Among other things, the funding agreements identify the total funding that each project will receive from RCTC, the City's local matching fund commitment, the fund source (TUMF and/or Measure A), and other provisions that will govern the City's receipt and use of the funds. Copies of the three funding agreements are included as Attachment A (Clinton Keith Rd.), Attachment B (Bundy Canyon Rd., Segment 2), and Attachment C (Bundy Canyon Rd., Segment 3).

Staff recommends that the City Council authorize the City Manager to execute all three agreements with RCTC and to execute future amendments related to each agreement that are non-substantive in nature.

Staff also recommends that the City Council approve budget appropriations and increases in revenue budgets for Fund 508 (Local Grants) to allocate available grant funds to the three projects as identified in the Fiscal Impact and Account Code sections of this staff report.

FISCAL IMPACT:

Funding for the Clinton Keith Rd. Widening Project and the Bundy Canyon Rd. Improvement Project, Segment 2, is included in the adopted 5-Year Capital Improvement Program (CIP) for FY 23/24. Both projects included an unfunded amount for construction in FY 24/25. The RCTC grants will fully fund the previously unfunded balance. The local match identified in each of the two agreements is already included in the approved 5-Year CIP.

The Bundy Canyon Rd. Improvement Project, Segment 3, is also included in the adopted 5- Year CIP for FY 23/24. The Segment 3 project included an unfunded amount of $15,110,598 for construction in FY 24/25. The RCTC grant will provide partial funding of $8,050,420 and reduce the unfunded balance to $7,060,178. The City will continue to seek the necessary remaining funds for construction and by accepting the RCTC grant funds, the City is agreeing to fund 48% of the total final construction cost as the local match.

Revised 5-Year CIP Project Detail Sheets reflecting the updated budgets for each of the three projects are included in Attachment D.

ACCOUNT CODE:
255
Budget Amendments (Proposed, FY 24/25)
Local Grants (Fund 508)

Clinton Keith Rd., CIP 025-1
Revenues (508-913-0001-52115) = $5,651,140
Expenditures (508-913-0001-52115) = $5,651,140
Bundy Canyon Rd. (Segment 2), CIP 026-2
Revenues (508-909-0002-52115) = $13,298,440
Expenditures (508-909-0002-52115) = $13,298,440
Bundy Canyon Rd. (Segment 3), CIP 026-3
Revenues (508-909-0003-52115) = $8,050,420
Expenditures (508-909-0003-52115) = $8,050,420

ATTACHMENTS:

A - Clinton Keith Rd. Funding Agreement with RCTC
B - Bundy Canyon Rd., Segment 2, Funding Agreement with RCTC C - Bundy Canyon Rd., Segment 3, Funding Agreement with RCTC D - Revised CIP Project Detail Sheets
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17336.00001\41641064.1

1 Agreement No. 23-72-107-00

AGREEMENT FOR THE FUNDING OF

TUMF AND MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF WILDOMAR
For

CLINTON KEITH ROAD WIDENING PROJECT

1. Parties and Date.

1.1 This Agreement is executed and entered into this day of , 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and the CITY OF W ILDOMAR (“City”). RCTC and City are sometimes collectiv ely referred to herein as the “Parties”.

2. Recitals.

2.1 RCTC is a count y transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.

2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one -half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”).

2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of Measure A and Transportation Uniform Mitigation Fee (TUMF) revenues.

2.4 The Plan requires cities and the County in western Riverside County to participate in a TUMF Program to be eligible to receive Local Streets and Roads funds generated by Measure A.

2.5 The Western Riverside Council of Governments (WRCOG) has been selected to administer the overall TUMF Program pursuant to applicable state laws including Government Code Sections 66000 et seq. and has entered into a Memorandum of Understanding (MOU) with RCTC dated July 10, 2003, and revised on September 10, 2008 , regarding the allocation of the TUMF Regional Funds to be made available to RCTC for programming.

2.6 RCTC has adopted a TUMF Regional Arterial Program , which is updated from time to time, and identifies the projects and the maximum funding commitments awarded for specific phases of work.

2.7 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.

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17336.00001\41641064.1

2 2.8 RCTC intends, by this Agreement, to distribute TUMF and Measure A Regional Arterial (“MARA”) Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.

3. Terms.

3.1 Description of Work. This Agreement is intended to distribute TUMF Regional and MARA Funds to the City for the Clinton Keith Road Widening Project (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The W ork shall be consistent with one or more of the defined phases detailed herein as follows:

1) CONS – Construction

The Work phases funded pursuant to this Agreement shall be consistent with the City’s Call for Projects Nomination Form submitted to RCTC (“the Project”). T he Project is more fully described in Exhibit “A” and depicted in Exhi bit “B” attached hereto. It is understood and agreed that the City shall expend TUMF Regional and MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.

3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Five Million, Six Hundred Fifty-One Thousand, One Hundred Forty Dollars ($5,651,140), consisting of $ 3,396,221 TUMF Regional Funds and $2,254,919 MARA Funds, to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute TUMF Regional Funds or MARA Funds in excess of the maximum authorized in this section.

3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Work coordination and support; (2) construction costs, including change orders to construction contract approved by the City; and (3) construction management, field inspection and material testing costs.

3.2.2 Ineligible W ork Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit “A”.

3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC’s sole discretion, be augment ed with additional TU MF Regional Funds if the Project is eligible to receive additional TUMF Regional Funds under the TUMF Nexus Study. The Funding Amount may also, in RCTC’s sole discretion, be augmented with additional MARA Funds. Any such 258
17336.00001\41641064.1

3 increase in the TUMF or MARA Funds must be approved in writing by RCTC’s Executive Director. In no case shall the amount of TUMF Regional Funds allocated to the City exceed the then-current maximum eligible TUMF share for the Work. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director.

3.2.4 Cost Savings . In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit “A” for the Work. The City shall inform RCTC of a ny cost savings and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC’s Executive Director and the City shall be authorized to execute any such amendment.

3.2.5 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by TUMF Regional or MARA Funds. No improvem ent which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with TUMF Regional or MARA Funds except as needed for staged construction of the Work.

3.3 City’s Funding Obliga tion to Complete the Work . In the event that the TUMF Regional and MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall be responsible for identifying such additional funds as may be required to complete the Work as described in Exhibit “A”.

3.3.1 City’s Obligation to Repay TUMF Regional and MARA Funds to RCTC.

In the event that: (i ) the City, for any r eason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any TUMF Regional and MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Stree ts and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distri buted to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.

3.3.2 City’s Local Match Contribution . The City shall provide at least Three Million, Eight Hu ndred Forty -Eight Thousand, Eight Hundred Sixty dollars ($ 3,848,860) of funding toward the Work, as shown in Exhibit “A” and as called out in the City’s Project Nomination Form submitted to RCTC in response to its Call for Projects.

4 any construction activities undertaken in connection with the Work, including survey and material testing; and (i ii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including TUMF Regional and MARA Funds.

3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above writt en until: (i) the date RCTC forma lly accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of TUMF Regional and MARA Funds to RCTC as provided herein”. All applicable i ndemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall ser ve as RCTC’s representative and shall have th e authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Daniel A. York, City Manager, or his or her designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s r epresentative and any other agencies which may have jurisdiction over or an interest in the Work.

3.7 Expenditure of Funds by City Prior to Execution of Agreement . Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures. However, the City understands and acknowledges that any expenditure of funds on the Work prio r to the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.

3.8 Review of Services. The City shall allow RCTC’s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and speci fying the effective date thereof.

3.9.1.2 Effect of Termination for Convenience . In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all TUMF Regional and MARA Funds provided to the City under this Agre ement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City TUMF Regional and MARA Funds in an amount equal to the aggregate 260
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5 total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to cond ucting a review of the invoices and requesting additional informatio n. This Agreement shall terminate upon receipt by the non - terminating party of the amounts due it under this Section 3.9.1.2.

3.9.2 Termination for Cause.

3.9.2.1 Notice. Either RCTC or the City 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 c ure 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.

3.9.2.2 Effect of Termination for Cause . In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City TUMF Regional and MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination. In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all TUMF Regional and MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices a nd requesting additio nal information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.

3.9.3 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.

3.10 Prevailing Wage s. The City and any other person or entity hired to perform services on the Work are alerted to the re quirements of California Labor Code Sections 17 70 et seq., which wou ld require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, 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.

3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.

3.12 Indemnification.

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6 3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability (“Claims”) arising from or connected with all activities governed by this Agreement including all design and construction activities, due to acts, errors or omissions or willful misconduct of the City or its contractors. The City will reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in defending against C laims ultimately determined to be due to acts, errors or omissions or willful misconduct of the City or its contractors . The indemnity herein shall not apply to Claims caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.

RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accord ance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work.

3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their contractors to obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or unt il completion of the Work, whichev er occurs last.

3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:

3.13.1.1 Name RCTC and City, and their respective officia ls, officers, employees, agents, and consultant s as additional insureds with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these additional insured;

3.13.1.2 Be primary with r espect to any insurance or self -insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions.

3.13.2 Business Automobile Liability Insurance. Business au tomobile 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.

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7 3.13.3 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.

3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

3.14 Procedures for Distribution of TUMF Regional and MARA Funds to City.

3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work co sts, and after all other funding sources identified in Exhibit “A” have been expended, for the applicable phase, the City shall submit invoices to RCTC requesting r eimbursement of eligible Work costs.

Each invoice shall be accompanied by detailed c ontractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.

3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. U ndisputed amounts shall be paid by R CTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executi ve Director. The City may appeal the decision of the Executive Dire ctor to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attached hereto.

3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum eligible TUMF sha re of the Work, as determined by the TUMF Nexus Study, an amou nt in excess of the maximum MARA Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.

3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Represen tative, which app roval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work 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.) as applicable, but the 263
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8 necessity of compliance with CEQA, and NEPA as applicable, shall not justify, excuse, or permit a delay in completion of the Work.

3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this Agreement are l imited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.

3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examinati on 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 wi th respect to a ny such expense or disbursement charged by them . All such informati on shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit.

3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, relig ion, color, nat ional origin, ancestry, sex or age. Such non - discrimination shall i nclude, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.

3.21 Attorneys’ Fees. If either party commences an action against the other party arising out of or in co nnection with t his Agreement, the prevailing party in such lit igation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.

3.22 Time of Essence. Time is of the essence for each and every provision of t his Agreement.

3.23 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.

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9 3.24 Notification. All notices hereunder and communications regarding int erpretation of the te rms of the 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:

CITY OF WILDOMAR RCTC
23873 Clinton Keith Rd., Ste. 201 Riverside County Transportation Commission Wildomar, CA 92595 4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501

ATTN: City Manager ATTN: Executive Director

Any notice so given shall be considered served on the other p arty three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual noti ce shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

3.25 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 containe d in this Agreement s hall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Work.

3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.

3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subj ect matter hereof and supersedes any previous agreements or understandings.

3.28 No Waiver . Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishm ent of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an indep endent contractor basis and shall not be employ ees of RCTC. Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicabl e. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their 265
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10 performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports an d obligations respecting such personnel, including , but not limited to: social security taxes, in come tax withholding, unemployment insurance and workers’ compensation insurance.

3.31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.

3.32 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.34 Electronically Transmitted Signatures; Electronic Signatures . A manually signed copy of this Agreement which is transmitted by fa csimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature.

[Signatures on following page]
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11 SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

TUMF AND MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY CITY OF WILDOMAR

TRANSPORTATION COMMISSION

By: By: ________________________ Anne Mayer, Executive Director Daniel A. York, City Manager

ATTEST:

By: ________________________
Janet Morales, CMC, City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: _________________________________ By: ________________________ Best, Best & Krieger Thomas D. Jex, City Attorney Counsel to the Riverside County
Transportation Commission

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EXHIBIT A

EXHIBIT “A”

SCOPE OF WORK,

FUNDING AND TIMETABLE

SCOPE OF WORK: Widen approximately 1.5 miles of Clinton Keith Road in Wildomar from Interstate 15 to Copper Craft Road, east of the city limits about 600’ into the city of Murrieta.

Between Arya Road and Elizabeth Lane, the project will widen the roadway to 6 lanes, with turn lanes and Class II bike lanes. From Elizabeth Lane to Copper Craft Road, the project will widen and/or restripe the existing roadway up to 6 lanes, with turn lanes and Class II bike lanes and related pedestrian improvements. Other significant improvements will include grading, storm drain infrastructure, and four traffic signal modifications.

FUNDING: Identify MA RA, TUMF Regional, local, state and/or federal funding for each Phase of Work. Delete those Phase which are not part of this Agreement.

TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
Construction 07/2024 07/2025 260 Working Days
PHASE MARA Fund TUMF Regional LOCAL TOTAL
CONSTRUCTION $2,254,919 $3,396,221 $3,848,860 $9,500,000 TOTAL $2,254,919 $3,396,221 $3,848,860 $9,500,000
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EXHIBIT B

EXHIBIT “B”

PROJECT LOCATION MAP

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EXHIBIT C

EXHIBIT “C”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. RCTC recommends that the City incorporate Exhibit “C-1” into its contracts with any contractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.

2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC’s Executive Direct or with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”.

A sample of an acceptable progress report is attached as Exhibits “C -4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.

4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors purs uant to Exhibit “C” and its attachments.

5. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.

6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:

“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed ________________________________

Title __________________________________

Date __________________________________

Invoice No. ____________________________
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EXHIBIT C

7. RCTC will pay the City within 30 days after receipt by RCTC of an invoice. If RCTC 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.

8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on the Work; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.
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Exhibit “C-1”

EXHIBIT “C-1”

ELEMENTS OF COMPENSATION

For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compen sation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AM OUNT___) without written approval of City’s En gineer (“Total Compensation”).

1. ELEMENTS OF COMPENSATION.

Compensation for the Work 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 Dir ect 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 Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER

The Multiplier to be applied to the Direct Salary C osts to determine the Direct Labor Costs is _________________, and is the sum of the following components:

1.1.2.1 Direct Salary Costs ____________________

1.1.2.2 Payroll Additives ____________________

The Decimal R atio of Payroll Additives to Direct Sal ary Costs . Payroll Additives include all empl oyee 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.

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Exhibit “C-1”

1.1.2.3 Overhead Costs ____________________

The Decimal ratio of A llowable Overhead Costs to the Consultant Firm's Total Direct Salary C osts. 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 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required. The Fixed Fee shall be paid in monthly instal lments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of th e City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.

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 th e 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 Co nsultant's office nearest to City’s office must have City’s prior written approval to be reimbursed under this Agreement.
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Exhibit “C-1”

2. DIRECT SALARY RATES

Direct Salary Rates, which are the range of hourly ra tes 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 oth erwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs wil l 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 Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of r ates 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 Consultant only. All rates for subco nsultants to the Consultant will be in accordance with the Consultant's cost proposal.

3. INVOICING.

3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be subm itted to City’s Engineer with two (2) copies to City’s Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’s Representative.

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Exhibit “C-1”

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the S cope of Work, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating d ocumentation satisfactory to City such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be acco mpanied by a Monthly Progress Report and sprea dsheets showing hours expended by task f or each month and total project to date.

3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant'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 worke d and paid to the employees listed.

Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________

4. PAYMENT

4.1 City shall pay the Consultant withi n four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.
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Exhibit “C-2”

EXHIBIT “C-2”
Sample Cover Letter to RCTC

Date

Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable

Re: Project Title - Invoice #__

Enclosed for your review and payment approval is the City of _____________’s invoice for professional and technical s ervices that was rendered by our contractors in connection with the _______________ 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 t he actual hours and rates worked and paid to the contractors listed.

By: _____________________________
Name
Title

cc:
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Exhibit “C-3”

EXHIBIT “C-3”

Sample Letter from Contractor to City

Month/Date/Year

______________
______________
______________
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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Exhibit “C-4”

EXHIBIT C-4
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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1 Agreement No. 23-72-106-00

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF WILDOMAR
for
BUNDY CANYON ROAD IMPROVEMENT PROJECT, SEGMENT 2

1. Parties and Date.

1.1 This Agreement is executed and entered into this day of , 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and CITY OF WILDOMAR (“City”). RCTC and City are sometimes collectively referred to herein as the “Parties”.

2. Recitals.

2.1 RCTC is a coun ty transportation commission created and existing pur suant to California Public Utilities Code Sections 130053 and 130053.5.

2.2 On November 5, 2002 the voters of Riverside Coun ty approved Measure A authorizing the collection of a one -half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”).

2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees (TUMF) revenues.

2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.

2.5 RCTC intends, by this Agreement, to d istribute Measure A Regional Arterial (“MARA”) F unds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.

3. Terms.

3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the Bundy Canyon Road Improvement Project, Segment 2 , (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:

1) CONS – Construction
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2 The Work phase(s) funded pursuant to this Agreement shall be consistent with the City’s Call for Projects Nomination Form submitted to RCTC (“the Project”). The Project is more fully described in Exhibit “B” attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.

3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Thirteen Million, Two Hundred Ninety-Eight Thousand, Four Hundred Forty Dollars ($13,298,440), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section.

3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Wor k coordination and support ; (2) construction costs, including change orders to construction contract approved by the City; and (3) construction management, field inspection and material testing costs.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit “A”.

3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC’s sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC’s Exe cutive Director. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director.

The City shall in form RCTC o f any cost savings and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC’s Executive Director and the City Manager shall be authorized to execute any such amendment.

3.2.5 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by MARA Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilit ies, shall be funded w ith MARA Funds except as needed for staged construction of the Work.

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3 3.3 City’s Funding Obligation to Complete the Work. In the event that the MARA Funds allocated to the Work represent less than the total cost of the Work, the Cit y shall provide such additional funds as may be required to complete the Work as described in Exhibit “A”.

3.3.1 City’s Obligation to Repay MARA Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Partie s shall enter into good f aith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The Cit y acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.

3.3.2 City’s Local Match Contribution. The City shall pro vide at least Eleven Million, Seven Hundred One Thousand, Five Hundred Sixty Dollars ($ 11,701,560) of funding toward the Work, as shown in Exhibit “A” and as called out in the City’s Project Nomination Form submitted to RCTC in response to its Call for Projects.

3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Ex hibit “A”: (i) all aspects of bidding, awarding, and administration of the contracts for the Work; (ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds.

3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of MARA Funds to RCTC as provided herein”. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Daniel A. York, City Manager, or his or her designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the Work.

3.7 Expenditure of Funds by City Prior to Execution of Agree ment. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work 281
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4 prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.

However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.2 Effect of Termination for Convenience . In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 3.9.1.2.

3.9.2 Termination for Cause.

During the 30 day cure period, th e Parties shall discuss, in good faith, the manner in which the breach can be cured.

In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review o f the invoices a nd r equesting additio nal information. This 282
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5 Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.

3.9.3 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.

3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work 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 City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, 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.

3.11 Progress Reports. RCTC may request the City to provi de RCTC with progress reports concerning the status of the Work.

3.12 Indemnification.

3.12.1 City Responsibilities. In addition to the indemnification requ ired under Section 3.10, the City agrees to indemnify and hold harmless RCTC, 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 any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination o f any services provided to complete the Work.

RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work.

3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described bel ow and satisfactory t o the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.

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6 3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insuran ce or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:

3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to perf ormance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13.1.2 Be primary with respect to any insurance or self ins urance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions.

3.13.2 Business Automobile Liability Insurance. Business autom obile liability insurance or equivalent form with a c ombined single limit of not less than $1,000,000. 00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

3.13.3 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.

3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

3.14 Procedures for Distribution of MARA Funds to City.

3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.

3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work co sts for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and 284
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7 RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attache d hereto.

3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum MARA Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.

3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sol e discretion of RCTC’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et s eq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.

3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any dir ect interest in this Agreement, or obtain any pre sent or anticipated material benefit arising therefrom.

3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.

3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work 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, e ach party shall furnish to the other party, its a gents 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 three (3) years following termination of this Ag reement, and they shal l have access to such information during the three-year period for the purposes of examination or audit.

3.19 Equal Opportunity Emp loyment. The Parties represent that they are equal opportunity employers and they shall not discrimin ate 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.

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8 3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.

3.21 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.

3.22 Time of Essence. Time is of the ess ence for each and eve ry provision of this Agreement.

3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the 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:

CITY OF WILDOMAR RCTC
23873 Clinton Keith Rd., Ste. 201 Riverside County Transportation Commission Wildomar, CA 92595 4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501

ATTN: City Manager ATTN: Executive Director

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 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

3.25 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 performance of the Services.

3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agr eement should be altered, the Parties may execute a c ontract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.

3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subje ct matter hereof and supersedes any previous agreements or understandings.

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9 3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any pe rson or entities retained by the City or a ny contractor shall be retained on an independent contractor basis and shall not be employees of RCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel i n connection with their performance of services on the Work and as required by law. The City or consultant shal l 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.

3.31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expira tion or termination of this Agreement shall survive any such expiration o r termination.

3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.34 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original execute d copy of this Agreement for all purposes.

[Signatures on following page]
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10 SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY CITY OF WILDOMAR

TRANSPORTATION COMMISSION

By: By: ________________________ Anne Mayer, Executive Director Daniel A. York, City Manager

ATTEST:

By: ________________________
Janet Morales, CMC, City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: _________________________________ By: _________________________ Best, Best & Krieger Thomas D. Jex, City Attorney Counsel to the Riverside County
Transportation Commission

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Exhibit A

EXHIBIT “A”

SCOPE OF WORK,

FUNDING AND TIMETABLE

SCOPE OF WORK: Realign and widen Bundy Canyon Road from Oak Canyon Drive to 600' east of The Farm Road (approx. 1.5 mi). Widen and reconstruct from two to four lanes, add a two-way-left-turn lane/striped median, and add dedicated turn lanes, among other related roadway and active transportation improvements.

FUNDING:

PHASE MARA Fund LOCAL TOTAL
CONSTRUCTION $13,298,440 $11,701,560 $25,000,000

TOTAL $13,298,440 $11,701,560 $25,000,000

TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
Construction 9/2024 9/2025 260 Working Days
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Exhibit B

EXHIBIT “B”

PROJECT LOCATION MAP

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Exhibit C

EXHIBIT “C”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. RCTC recommends that the Cit y incorporate Exhibit “C-1” into its contracts wit h a ny subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.

2. Each month the City shall sub mit an invoice for eligible Work costs incurred du ring the preceding month. The original invoice shall be submi tted to RCTC’s Executive D irector with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”.

3. Each invoice shall include documentation from each contractor used by the City for the Work, 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 consultant for the month and f or the entire Work to date. A sample progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.

4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as re quired of contractors pursuant to Exhibit “C” and its attachments.

5. Charges for each task and milestone listed in Exhibi t “A” shall be listed separately in the invoice.

6. Each invoice shall inclu de a certification signed by the City Representati ve or his or her designee which reads as follows:

“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed ________________________________

Title __________________________________

Date __________________________________

Invoice No. ____________________________
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Exhibit C

7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC 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.

8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contract or or consultant used on theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.

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Exhibit “C-1”

EXHIBIT “C-1”

ELEMENTS OF COMPENSATION

For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant 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 City’s City Engineer (“Total Compensation”).

1. ELEMENTS OF COMPENSATION.

Compensation for the Work 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 th e ba se salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant'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 Labor Costs is _________________, and is the sum of the 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 vacat ion, sick leave, and holidays, and company port ion of employee insurance and s ocial and retirement benefits, all federal and sta te payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

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Exhibit “C-1”

1.1.2.3 Overhead Costs ____________________

The Decimal ratio of A llowable Overhead Costs to the Consultant Firm's Total Direct Salary C osts. Allowable Ov erhead Costs include gener al, 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 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required.

The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each bill ing period, as determined in th e sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.

1.2.2 A pro-rata share of the F ixed Fee shall be applied to the total Direct L abor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Co sts directly identifiable to the performance of the services of th is 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 Consultant's office nearest to City’s office must have City’s prior written approval to be reimbursed under this Agreement. 294
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Exhibit “C-1”

2. DIRECT SALARY RATES

Direct Salary Rates, which are the range of hourly rates to be used in determi ning 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 b oth straight time and overtime work, unless payment of a premium for overtime work is required by law, regulatio n or craft agreement, or i s 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, the y may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included h erein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES

[___sample___]

2.3 The above rates are for the Consul tant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal.

3. INVOICING.

3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice sh all be submitted to City’s City Engineer with two (2) copies to City’s Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’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 Work, shall be listed separately. The charges for 295
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Exhibit “C-1”

each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.

3.4 A charge of $500 or more for any one item of A dditional Direct Costs shall be accompanied by substantiating documentation satisfactory to City 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 Each invoice shall indicate payments to DBE subconsultants or supplies b y dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant'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 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.
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Exhibit “C-2”

EXHIBIT “C-2”
Sample Cover Letter to RCTC

Date

Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable

Re: Project Title - Invoice #__

Enclosed for your review and payment approval is the City of _____________’s in voice for professional and technical services that was rendered by our contractors in connection with the _______________ 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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Exhibit “C-3”

EXHIBIT “C-3”

Sample Letter from Contractor to City/County

Month/Date/Year

______________
______________
______________
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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Exhibit C-4

EXHIBIT C-4
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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1 Agreement No. 23-72-108-00

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF WILDOMAR
For
BUNDY CANYON ROAD IMPROVEMENT PROJECT, SEGMENT 3

1. Parties and Date.

2. Recitals.

2.1 RCTC is a coun ty transportation commission created and existing pur suant to California Public Utilities Code Sections 130053 and 130053.5.

2.2 On November 5, 2002 the voters of Riverside Coun ty approved Measure A authorizing the collection of a one -half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”).

2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees (TUMF) revenues.

2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.

3. Terms.

3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the Bundy Canyon Road Improvement Project, Segment 3, (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:

1) CONS – Construction
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3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Eight Million, Fifty Thousand, Four Hundred Twenty Dollars ($8,050,420), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section.

3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Wor k coordination and support ; (2) construction costs, including change orders to construction contract approved by the City; and (3) construction management, field inspection and material testing costs.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit “A”.

3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC’s sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC’s Executive Director. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director.

The City shall in form RCTC o f any cost savings and the Parties shall amend t his Agreement to reflect the revised Funding Amount. RCTC’s Executive Director and the City Manager shall be authorized to execute any such amendment.

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3.3.1 City’s Obligation to Repay MARA Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Partie s shall enter into good f aith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agr ees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.

3.3.2 City’s Local Match Contribution. The City shall pro vide at least Seven Million, Four Hundred Forty-Nine Thousand, Five Hundred Eighty Dollars ($7,449,580) of funding toward the Work, as shown in Exhibit “A” and as called out in the City’s Project Nomination Form submitted to RCTC in response to its Call for Projects.

3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit “A”: (i) all aspects of bidding, awarding, and administration of the contracts for the Work; (ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds.

3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of MARA Funds to RCTC as provided herein”. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Daniel A. York, City Manager, or his or her designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction ove r or an interest in the Work.

3.7 Expenditure of Funds by City Prior to Execution of Agree ment. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work 302
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4 prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.

3.8 Review of Services. The City shall allow RCTC’s Representative t o inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.2 Termination for Cause.

During the 30 day cure period, the Parties shall d iscuss, in good faith, the manner in which the breach can be cured.

In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices a nd r equesting additio nal information. This 303
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5 Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.

3.9.3 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.

3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work 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 City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, 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.

3.11 Progress Reports. RCTC may request the City to provide RCTC with prog ress reports concerning the status of the Work.

3.12 Indemnification.

3.12.2 Effect of Acceptance. The City shall be responsible f or the professional quality, technical accuracy and the coordination o f any services provided to complete the Work.

RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work.

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6 3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insuran ce or equivalent form with a combin ed single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:

3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the se rvices on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13.1.2 Be primary with respect to any insurance or self ins urance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions.

3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single li mit of not less than $1,000,000. 00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

3.14 Procedures for Distribution of MARA Funds to City.

3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work co sts for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is uns uccessful in resolving the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and 305
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7 RCTC’s consideration a nd payment of submitted invoices are set forth in Exhibit “C”, attache d hereto.

3.15 Work Amendments. Changes to the charact eristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sol e discretion of RCTC’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et s eq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.

3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in t his Agreement, or obtain any pre sent or anticipated material benefit arising therefrom.

3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.

3.18 Books and Reco rds. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work 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, cance led 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 f urnish to the other party, its a gents 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 three (3) years following termination of this Ag reement, and they shall have access to such information during the three-year period for the purposes of examination or audit.

3.19 Equal Opportunity Employment. The Par ties represent that they are equal opportunity employ ers and they shall not discrimin ate against any employee or applicant of reemployment because of race, religion, color, nation al 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.

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8 3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.

3.21 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.

3.22 Time of Essence. Time is of the ess ence for each and eve ry provision of this Agreement.

CITY OF WILDOMAR RCTC
23873 Clinton Keith Rd., Ste. 201 Riverside County Transportation Commission Wildomar, CA 92595 4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501

ATTN: City Manager ATTN: Executive Director

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 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

3.25 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 performance of the Services.

3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subje ct matter hereof and supersedes any previous agreements or understandings.

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3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any pe rson or entities retained by the City or a ny contractor shall be retained on an independent contractor basis and shall not be employees of RCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as req uired by law. The City or consultant shal l 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.

3.31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expira tion or termination of this Agreement shall survive any such expiration or termination.

3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

[Signatures on following page]
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10 SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY CITY OF WILDOMAR

TRANSPORTATION COMMISSION

By: By: ________________________ Anne Mayer, Executive Director Daniel A. York, City Manager

ATTEST:

By: ________________________
Janet Morales, CMC, City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: _________________________________ By: _________________________ Best, Best & Krieger Thomas D. Jex, City Attorney Counsel to the Riverside County
Transportation Commission

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Exhibit A

EXHIBIT “A”

SCOPE OF WORK,

FUNDING AND TIMETABLE

SCOPE OF WORK: Realign and widen Bundy Canyon Road from 600' east of The Farm Road to Sunset Ave. (approx. 1 mile). Widen and reconstruct from two to four lanes, add a two- way-left-turn lane/striped median, and add dedicated turn lanes, among other related roadway and active transportation improvements.

FUNDING:

PHASE MARA Fund LOCAL TOTAL
CONSTRUCTION $8,050,420 $7,449,580 $15,500,000

TOTAL $8,050,420 $7,449,580 $15,500,000

TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
Construction 4/2025 4/2026 260 Working Days
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Exhibit B

EXHIBIT “B”

PROJECT LOCATION MAP

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Exhibit C

EXHIBIT “C”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. RCTC recommends that the Cit y inc orporate Exhibit “C-1” into its contracts wit h an y subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.

2. Each month the City shall sub mit an invoice for eligible Work costs incurred du ring the preceding month. The original invoice shall be submi tted to RCTC’s Executive Dire ctor with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”.

3. Each invoice shall includ e documentation from each contractor used by the City for the Work, 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 consultant for the month and f or the entire Work to date. A sample progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.

4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as re quired of contractors pursuant to Exhibit “C” and its attachments.

5. Charges for each task and milestone listed in Exhibi t “A” shall be listed separately in the invoice.

6. Each invoice shall inclu de a certification signed by the City Representati ve or his or her designee which reads as follows:

“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed ________________________________

Title __________________________________

Date __________________________________

Invoice No. ____________________________
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Exhibit C

8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contract or or consultant used on theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.

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Exhibit “C-1”

EXHIBIT “C-1”

ELEMENTS OF COMPENSATION

For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant 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 City’s City Engineer (“Total Compensation”).

1. ELEMENTS OF COMPENSATION.

Compensation for the Work 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 th e ba se salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant'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 Labor Costs is _________________, and is the sum of the 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 em ployee benefits, allowances for vacat ion, sick leave, and holidays, and company port ion of employee insurance and s ocial and retirement benefits, all federal and sta te p ayroll taxes, prem iums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

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Exhibit “C-1”

1.1.2.3 Overhead Costs ____________________

The Decimal ratio of A llowable Overhead Costs to the Consultant Firm's Total Direct Salary C osts. Allowable Ov erhead 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 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required.

The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each bill ing period, as determined in th e sol e discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.

1.2.2 A pro-rata share of the F ixed Fee shall be applied to the total Direct L abor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Co sts directly identifiable to the performance of the services of th is 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 Consultant's office nearest to City’s office must have City’s prior written approval to be reimbursed under this Agreement. 315
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Exhibit “C-1”

2. DIRECT SALARY RATES

Direct Salary Rates, which are the ran ge of hourly rates to be used in determi ning 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 b oth straight time and overtime work, unless payment of a premium for overtime work is required by law, regulatio n or craft agreement, or is o therwise 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, the y may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included h erein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES

[___sample___]

2.3 The above rates are for the Consul tant only. All rates for sub consultants to the Consultant will be in accordance with the Consultant's cost proposal.

3. INVOICING.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’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 Work, shall be listed separately. The charges for 316
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Exhibit “C-1”

each individual assigned by the Consultant under this Agreement s hall be listed separately on an attachment to the invoice.

3.4 A charge of $500 or more for any one item of A dditional Direct Costs shall be accompanied by substantiating documentation satisfactory to City 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 Each invoice shall indicate payments to DBE subconsultants or supplies b y dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant'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 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.
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Exhibit “C-2”

EXHIBIT “C-2”
Sample Cover Letter to RCTC

Date

Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable

Re: Project Title - Invoice #__

Enclosed for your review and payment approval is the City of _____________’s in voice for professional and technical services that was rendered by our contractors in connection with the _______________ 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:
318
17336.02600\32593628.1

Exhibit “C-3”

EXHIBIT “C-3”

Sample Letter from Contractor to City/County

Month/Date/Year

______________
______________
______________
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
319
17336.02600\32593628.1

Exhibit C-4

EXHIBIT C-4
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

320

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER:Jason Farag
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 15,000$ 15,000$ - $ -$ - $ - $ Design/PS&E 535,000 535,000 - - - - Right-of-Way 700,000 700,000 - - - - Construction 9,500,000 1,500,000 8,000,000 - - - Const Admin/Inspect. 800,000 125,000 675,000 - - - Total Cost: 11,550,000$ 2,875,000$ 8,675,000$ -$ -$ -$

FUNDING SOURCES
120 - Measure AA 600,000$ -$ 600,000$ -$ - $ - $ 503 - TUMF 3,789,888 2,366,028 1,423,860 - - - 500 - RMRA (SB1) 800,000 - 800,000 - - - 440 - DIF Roads 708,972 508,972 200,000 - - - 508 - Local Grants 5,651,140 - 5,651,140 - - -

PROJECT SUMMARY
Clinton Keith Rd. Widening 025-1
Clinton Keith Rd. (between I-15 and Copper Craft Rd.) Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
This project widens Clinton Keith Rd. to six lanes from the I-15 to Elizabeth Ln, four lanes from Wildomar Trail to Copper Craft Rd., and constructs Class II bike lanes in both directions throughout the entire project. The project is approximately 2 miles long.

Clinton Keith Rd. (CKR) is an Urban Arterial Road in the City Circulation Plan and is also a regional road that provides connectivity between the I‐15 and I‐215 freeways. Widening the road will improve the flow of traffic and will close an existing bike lane gap This project is referred to as Phase 1. A future widening project will be necessary to widen the the road from four to six lanes between Elizabeth Ln. and Copper Craft Rd.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROJECTED BUDGETPROPOSED BUDGET

PROJECTLIMITSNCLINTON KEITH ROADWILDOMARTRAIL
INLAND VALLEY DR.

Page 1 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER:Jason Farag
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 500,000$ 500,000$ - $ -$ - $ - $ Design/PS&E 150,000 150,000 - - - - Right-of-Way 750,000 750,000 - - - - Construction 25,000,000 4,000,000 21,000,000 - - - Const Admin/Inspect.1,000,000 150,000 850,000 - - - Total Cost: 27,400,000$ 5,550,000$ 21,850,000$ -$ -$ -$

FUNDING SOURCES
480 - DIF Trails 1,699,962$ -$ 1,699,962$ -$ - $ - $ 451 - DIF Drainage 423,120 - 423,120 - - - 440 - DIF Roads 4,215,351 129,873 4,085,478 - - - 450 - DIF Signals 524,000 - 524,000 - - - 507 - Misc. State Funds1,454,000 - 1,454,000 - - - 503 - TUMF 5,785,127 4,000,000 1,785,127 - - - 508 - Local Grants 13,298,440 1,420,127 11,878,313 - - -

PROJECT DESCRIPTION AND EXHIBIT
Widen Bundy Canyon Rd. from two lanes to four lanes with associated improvements, including traffic signals (former CIP 071- 072) and an ATP Corridor (former CIP 026-3).

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROJECTED BUDGETPROPOSED BUDGET

PROJECT SUMMARY
Bundy Canyon Rd. Improvement Project (Segment 2) 026-2
Oak Circle Dr. to 600' East of The Farm Rd. Trans. (Roads) SUNSET AVE. & COTTONWOOD CANYON RD.MENIFEEWILDOMAR
CHERRY ST.THE FARM RD.BUNDY CANYON RD.BUNDY CANYON RD.PROJECT LIMITSMONTE VISTA DR.N

Page 2 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER:Jason Farag
INITIATED: FY 22/23
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. -$ -$ - $ -$ - $ - $ Design/PS&E 860,000 860,000 - - - - Right-of-Way 1,650,000 1,650,000 - - - - Construction 15,500,000 - 15,500,000 - - - Const Admin/Inspect.1,000,000 - 1,000,000 - - - Total Cost: 19,010,000$ 2,510,000$ 16,500,000$ -$ -$ -$

FUNDING SOURCES
503 - TUMF 275,000$ 275,000$ - $ -$ - $ - $ 440 - DIF Roads 2,810,234 2,235,000 575,234 - - - 480 - DIF Trails 618,168 - 618,168 - - - 450 - DIF Signals 196,000 - 196,000 - - - 508 - Local Grants 8,050,420 - 8,050,420 - - - Unfunded 7,060,178 - 7,060,178 - - -

PROJECT DESCRIPTION AND EXHIBIT
Widen Bundy Canyon Rd. from two lanes to four lanes with associated improvements, including traffic signals and an ATP Corridor (former CIP 026-3).

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Bundy Canyon Rd. Improvement Project (Segment 3) 026-3
The Farm Rd. to Sunset Ave./Cottonwood Canyon Rd. Trans. (Roads)

Page 3 of 68 ends

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.10
Meeting Date: November
8, 2023
SUBJECT:

Services Agreement for Employment Application Management Software with Governmentjobs.com, Inc. (D/B/A/ NEOGOV).

SUBMITTED BY:

Emily Wolf
PREPARED BY:

Emily Wolf

ACTION:

Authorize the City Manager to enter into an Order Form and Agreement with NeoGov, Inc. for employment applicant tracking software.

SUMMARY:

This item enters into an agreement for employment application tracking software.

BACKGROUND:

NeoGov, Inc. is employment applicant tracking software developed specifically for public sector agencies. The software provides a platform to post job opportunities, house classification descriptions, and feeds directly to both Governmentjobs.com and Indeed.com for job posting advertisements. The software provides an organized applicant tracking system and communication tools to help provide a successful recruitment process. Additionally, the job opportunity postings and classification descriptions are linked directly from the City’s website for a seamless integration.

In order to continue to provide a high level of customer service as the City expands, the need to attract highly qualified candidates remains a high priority. The City’s current employment recruiting process is outdated, requiring applicants to download, fill out, and submit an application as an attachment via email.

Tracking applications and communicating with applicants on the City side is a manual process, requiring a significant amount of time to ensure all applications are reviewed and applicants are contacted throughout the course of the recruitment. Additionally, classification descriptions are currently kept on the City’s Human Resources share drive and are not accessible by all employees. Employees use classification descriptions to help identify the 324
essential duties and expectations of their position.

DISCUSSION:

NeoGov, Inc. provides an employee recruitment platform that is a public sector industry standard, utilized by more than 6,000 public agencies. The NeoGov platform allows applicants to submit their job history and education, and attach additional documents such as certifications, resumes, or cover letters in a standard format. It also allows the City to customize the process, asking additional qualifying questions specific to each recruitment.

NeoGov’s employee recruitment platform allows applicants to track their progress and allows HR staff to communicate and schedule interviews with applicants in an efficient manner. The NeoGov platform also provides a mechanism for housing job descriptions for all positions in an easily accessible location, available to all employees and the public.

FISCAL IMPACT:

The attached Ordering Document is for a term of 30 months at a total of $11,719.47. The fiscal impact for fiscal year 2023-24 is $3,171.22, which includes the initial setup fee, as well as the platform licensing and Governmentjobs.com subscription for recruitment advertisements for the remainder of the year. The contracted rate for fiscal year 2024-25 is $2,757.50 and for fiscal year 2025-26 the rate is $5,790.75. Sufficient funds are available in the current fiscal year budget.

ACCOUNT CODE:
100-410-4210-52115

ATTACHMENTS:

Attachment A. NeoGov Order Form and Agreement
325

HUMAN RESOURCES

MANAGEMENT SUITE
for the public sector
Attachment A
326
Exhibit A
Order Form
NEOGOV Customer:

Governmentjobs.com, Inc. (dba "NEOGOV")
2120 Park Pl, Suite 100
El Segundo, CA 90245
United States
[email protected]
Sales Rep: Tyler Olsen
Wildomar, City of (CA)
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
USA
Quote Valid From: 10/3/2023 Quote Number: Q-13241
Quote Valid To: 11/30/2023 PaymentTerms: Annual,Net 30
Subscription Term in Months: 30
Employee Count: 45
Order Summary
Prorated Term Licenses discounted 50%
Service Description Start Date End Date Term Price (USD) Governmentjobs.com Subscription 1/1/2024 6/30/2024 $198.91 Insight Subscription 1/1/2024 6/30/2024 $1,172.31
Prorated Term TOTAL: $1,371.22
Year 1 Licenses discounted 50%
Service Description Start Date End Date Term Price (USD) Insight Subscription 7/1/2024 6/30/2025 $2,357.50
Governmentjobs.com Subscription 7/1/2024 6/30/2025 $400.00 Year 1 TOTAL: $2,757.50
Year 2
Service Description Start Date End Date Term Price (USD) Insight Subscription 7/1/2025 6/30/2026 $4,950.75
327
Service Description Start Date End Date Term Price (USD) Governmentjobs.com Subscription 7/1/2025 6/30/2026 $840.00 Year 2 TOTAL: $5,790.75
Prorated Term Licenses discounted 50%
Service Description Start Date End Date Term Price (USD) Insight Setup $1,800.00
Prorated Term TOTAL: $1,800.00
ORDER TOTAL (USD) : $11,719.47
328
A. Terms and Conditions

1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications
. Unless otherwise stated, all capitalized terms used
but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.

2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties.

3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.

4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.

B. Special Conditions (if any).

1. The Initial Term of this Order Form is 30 months.

2. Prorated Subscription Fees shall be invoiced upon signature date and due net thirty (30) from Customer receipt of NEOGOV invoice.

3. Year 1 Subscription Fees shall be invoiced on July 1, 2024 and due net thirty (30) from Customer receipt of NEOGOV invoice.

4. Thereafter, Subscription Fees for each annual term will be invoiced on the anniversary of July 1 and due net thirty (30) from Customer receipt of NEOGOV invoice "Wildomar, City of
(CA)"
Signature:

Print Name:

Date:
329

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.11
Meeting Date: November
8, 2023
SUBJECT:

COVID-19 Prevention Program Update Based on Non-
Emergency Regulations
SUBMITTED BY:

Emily Wolf
PREPARED BY:

Emily Wolf

ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, RATIFYING THE ADMINISTRATIVE POLICY TITLED CITY OF WILDOMAR COVID-19

PREVENTION PROGRAM
SUMMARY:

This action will approve the non-emergency COVID-19 Prevention Program required by the California Occupational Safety and Health Standards Board.

BACKGROUND:

On December 15, 2022, the California Occupational Safety and Health Standards Board (Cal/OSHA) voted to adopt non-emergency COVID-19 prevention regulations. These regulations took effect on February 3, 2023, and will remain in effect for two years after the effective date, except for the recordkeeping subsections that will remain in effect for three years.

On February 8, 2023, the Wildomar City Council approved a resolution terminating the local emergency proclamation resulting from the COVID-19 pandemic. With the termination of the local emergency, the City is now required to update the City’s COVID Prevention Plan to include regulatory requirements set in place by Cal/OSHA as outlined in the non-emergency COVID-19 prevention regulations. These regulations include some of the same requirements 330
found in the COVID-19 Prevention Emergency Temporary Standards (ETS), most recently approved by the Wildomar City Council in Resolution 2020-30, as well as new provisions aimed at making it easier for employers to provide consistent protections to workers and allow for flexibility if changes are made to guidance in the future from the California Department of Public Health.

DISCUSSION:

Cal/OSHA protects and improves the health and safety of working individuals in California.

When the State of California was impacted by the COVID-19 pandemic, Cal/OSHA put in place a set of regulations for workers and employers to ensure their safety with hopes of reducing the impact of COVID-19 on the workplace. Once the pandemic was determined to be over, Cal/OSHA approved California Code of Regulations, Title 8, sections 3205 to 3205.3, also known as the COVID-19 Infection Prevention Non-Emergency Regulations. These regulations are similar to the emergency standards, with a few changes. The highlighted differences include:

Definitions for certain terms, such as “close contact” and “infectious period”; Training and instruction regarding COVID-19;
Investigating COVID-19 illnesses in the workplace; and
Reporting and recordkeeping

In order to comply with these regulations and continue to provide a safe and healthy workplace, the City is updating the current COVID-19 Prevention Program to address these changes.

FISCAL IMPACT:

There is no financial impact associated with approving the updated COVID-19 Prevention Program.

ATTACHMENTS:

Attachment A. Resolution COVID Prevention Program
Exhibit A. COVID-19 Prevention Program
Attachment B. Reso 2020-30 Ratifying the Coronavirus Guidance Policy 331
RESOLUTION NO. 2023 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, RATIFYING THE ADMINISTRATIVE

POLICY TITLED CITY OF WILDOMAR COVID PREVENTION

PROGRAM
WHEREAS, on May 13, 2020, The City Council adopted Resolution No. 2020-30, ratifying the Administrative Policy for the Coronavirus (COVID-19) Guidance Policy; and WHEREAS, the City Council has approved subsequent updates, including the adoption and updating of the C OVID-19 Prevention Program based on the California Occupational Safety and Health Standards Board (CalOSHA) and the City’s Risk Insurance Agency, the California Intergovernmental Risk Authority (CIRA); and WHEREAS, on December 15, 2022, (Cal/OSHA) voted to adopt non-emergency COVID-19 prevention regulations; and
WHEREAS, the regulations require the City of Wildomar (“City”) toupdate the COVID-19 Prevention Program; and
WHEREAS, City staff, with the assistance of the City Attorney's Office, have reviewed the CPP regarding instructions and guidance for staff on COVID-19 issues and its related forms, and drafted revisions to ensure that the COVID-19 Prevention Program is both legally compliant and implements best operating practices within the City; and
WHEREAS, the COVID-19 Prevention Program is required to be in place for two years following adoption of the regulations by Cal/OSHA and recordsare required to be kept for three years; and
WHEREAS, the City Council now desires to adopt by resolution the attached u p d a t e d COVID-19 Prevention Program for the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Wildomar, California, as follows:

SECTION 1. Resolution No. 2020-30 and all other previous actions related to the COVID-19 Prevention Program is hereby repealed.

SECTION 2. The City of Wildomar COVID-19 Prevention Program, attached hereto and incorporated herein by this reference as Exhibit "A", is hereby ratified, approved and adopted.
332
SECTION 3. This Resolution shall become effective immediately.

PASSED, APPROVED AND ADOPTED this 8th day of November, 2023.

Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk 333

REVISED 11/08/2023

CITY OF WILDOMAR
COVID-19 PREVENTION

PROGRAM

ABSTRACT
This program outlines how the
City of Wildomar will maintain
and protects the health of its
employees as it relates to COVID-

19. Exhibit A
334
COVID-19 PREVENTION PLAN (CPP) FOR

THE CITY OF WILDOMAR
U pdated on N ovember 8, 2023

Page 1 ends

PURPOSE:

The Division of Occupational Safety and Health (DOSH) recognizes that COVID -19 constitutes a workplace hazard.

The purpose of the City of Wildomar COVID-19 Prevention Program (CPP) is to establish, implement and maintain a program that addresses this work -related hazard in order to provide employees a healthy and safe workplace as required under the California Occupational Safety and Health Act (Lab. Code §6300, et seq. ) and associated regulations (8 CCR §3203 and §3205-3205.3).

Nothing in this CPP precludes the City of Wildomar from complying with federal, state, or local laws or public health order s or guidance that may recommend or require that the City of Wildomar adopt and implement measures that are more prescriptive and/or restrictive than those that are provided herein.

AUTHORITY AND RESPONSIBILITY
This CPP applies to all employees except for employees who do not have contact with other persons, employees who are teleworking, or who are covered under the City's Aerosol Transmissible Disease (ATD) program.

The City Manager has overall authority and assigns the responsibility for implementing the provisions of this CPP to the Administrator. The Administrator is appointed by the City Manager. In addition, all managers and supervisors are responsible for implementing and maintaining the CPP in their assigned work areas and for ensuring employees receive answers to questions about the program in a language they understand.

All employees are responsible for using safe work practices, following all directives, policies, and procedures, and assisting in maintaining a safe work environment.

EFFECTIVE PERIOD
The CPP shall apply until February 3, 2025, except for the r ecordkeeping, which shall apply until February 3, 2026.

DEFINITIONS:

For the purposes of the CPP, the following definitions shall apply:
"Close Contact" means sharing the same indoor airspace as a COVID-19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID-19 case's infectious period, as defined by this section, regardless of the use of face coverings , unless close contact is defined by regulation or order of the CDPH. If so, the CDPH definition shall apply. CDPH defines Close Contact by the size of the workplace:
• For indoor spaces of 400,000 or fewer cubic feet per floor, a close contact is defined as sharing the same indoor airspace as a COVID -19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID- 335
COVID-19 PREVENTION PLAN (CPP) FOR

THE CITY OF WILDOMAR
U pdated on N ovember 8, 2023

Page 2 ends

19 case's infectious period, as defined in the regulations, regardless of the use of face coverings.
• For indoor spaces of greater than 400,000 cubic feet per floor, a close contact is defined as being within six feet of the COVID -19 case for a cumulative total of 15 minutes or more over a 24- hour period during the COVID -19 case' s infectious period, as defined in the regulations, regardless of the use of face coverings.
• Offices, suites, rooms, waiting areas, break or eating areas, bathrooms, or other spaces that are separated by floor -to-ceiling walls shall be considered distinct indoor spaces.

Exception: Employees have not had a close contact if they wore a respirator required by the employer and used it in compliance with § 5144, whenever they shared the same indoor airspace as the COVID-19 for a cumulative total of 15 minutes or more over a 24- hour period during the COVID-19 case's infectious period. "COVID-19" means coronavirus disease, an infectious disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
"COVID-19 case" A person who: (1) Has a positive COVID-19 test; or 2) Has a positive COVID-19 diagnosis from a licensed health care provider; or (3) Is subject to COVID-19- related order to isolate issued by a local or state health official; or (4) Has died due to COVID-19, in determination of a local health department or per inclusion in the COVID- 19 statistics of a county.
"COVID-19 hazard" means potentially infectious material that may contain SARS -CoV- 2, the virus that causes COVID -19. Potentially infectious materials include airborne droplets, small particle aerosols, and airborne droplet nuclei, which most commonly result from a person or persons exhaling, talking or vocalizing, coughing, or sneezing, or from procedures performed on persons which may aerosolize saliva or respiratory tract fluids. "COVID-19 symptoms" means one of the following: (1) fever of 100.4 degrees Fahrenheit or higher or chills; (2) cough; (3) shortness of breath or difficulty breathing; (4) fatigue; (5) muscle or body aches; (6) headache; (7) new loss of taste or smell; (8) sore throat; (9) congestion or runny nose; (10) nausea or vomi ting; or (11) diarrhea, unless a licensed health care professional determines the person's symptoms were caused by a known condition other than COVID-19.
"COVID-19 test" means a viral test for SARS-CoV-2 that is: (1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS -CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. To meet the return-to-work criteria set forth in subsection (c)(10) , a COVID- 19 test may be self-administered and self -read only if another means of independent verification of the results can be provided (e.g., a time-stamped photograph of the results. 336
COVID-19 PREVENTION PLAN (CPP) FOR

THE CITY OF WILDOMAR
U pdated on N ovember 8, 2023

Page 3 ends

"Exposed Group" All employees at a work location, working area, or a common area at work, within employer provided transportation covered by section 3205.3, or residing within housing covered by section 3205.2, where an employee was present at any time during the infectious period. A common area at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. The following exceptions apply:

A) For the purpose of determining the exposed group, a place where persons momentarily pass through while everyone is wearing face coverings, without congregating, is not a work location, working area, or a common area at work.

B) If the COVID -19 case was part of a distinct group of employees who are not present at the workplace at the same time as other employees, for instance a work crew or shift that does not overlap with another work crew or shift, only employees within that distinct group are part of the exposed group.

C) If the COVID-19 case visited a work location, working area, or a common area at work for less than 15 minutes during the infectious period, and all persons were wearing face coverings at the time the COVID-19 case was present, other people at the work location, working area, or common area are not part of the exposed group.

NOTE: An exposed group may include the employees of more than one employer. "Face covering " A surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non- woven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures, and must fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric. This definition includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard-of-hearing or others who need to see a speaker's mouth or facial expressions to understand speech or sign language respectively. "Infectious period" means the following time period, unless otherwise defined by CDPH regulations or order, in which case the CDPH definition shall apply:
1) For COVID-19 cases who develop COVID-19 symptoms: from two days before the date of symptom onset until ten days have passed after symptoms first appeared, or through day five if testing negative on day five or later; AND twenty-four hours have passed with no fever, without the use of fever -reducing medications, and symptoms have improved.
2) For COVID-19 cases who never develop COVID-19 symptoms: from 2 days before the positive specimen collection date through ten days (or through day five if testing negative on day five or later) after the date on which the specimen for their first positive test for COVID-19 was collected.
337
COVID-19 PREVENTION PLAN (CPP) FOR

THE CITY OF WILDOMAR
U pdated on N ovember 8, 2023

Page 4 ends

"Respirator" A respiratory protection device approved by the National Institute for Occupational Safety and Health (NIOSH) to protect the wearer from particulate matters, such as an N95 filtering facepiece respirator.
"Returned case" A COVID-19 case who was excluded from work but returned pursuant to subsection §3205(c)(5)(A) and did not develop any COVID -19 symptoms after returning. A person shall only be considered a returned case for 90 days after the initial onset of COVID -19 symptoms or, if the person never developed COVID -19 symptoms, for 90 days after the first positive test. If a period of other than 90 days is required by a CDPH regulation or order, that period shall apply.
"Worksite" For the limited purposes of this section and §3205.1, means the building, store, facility, agricultural field, or other location where a COVID -19 case was present during the infectious period. It does not apply to buildings, floors, or other locations of the employer that a COVID-19 case did not enter.

COVID-19 AS A POTENTIAL WORK-RELATED HAZARD
An employee is potentially exposed to COVID -19 Hazards when near other persons, whether or not the employee is performing an assigned work task.

The City of Wildomar will treat all persons as potentially infectious, regardless of symptoms, vaccination status, or negative COVID-19 Test results.

COVID-19 shall be considered a hazard specific to an employee' s job assignments and job duties if those assignments and/or duties bring the employee near other persons.

MEASURES ADOPTED BY THE CITY TO PREVENT COVID-19 TRANSMISSION AND TO IDENTIFY AND CORRECT COVID-19 HAZARDS AT CITY WORKSITES The City of Wildomar recognizes that COVID -19 is an airborne infectious disease and treats it as such.

When determining measures to prevent COVID -19 transmission and to identify and correct COVID-19 Hazards, the City of Wildomar reviews applicable orders and guidance related to COVID-19 from the CDH, DOSH and the local health department.

The City adopted the following measures to prevent COVID -19 transmission and to identify and correct COVID-19 Hazards at City of Wildomar Worksites and facilities:
(1) The City of Wildomar investigates COVID-19 illness at the workplace; (2) The City of Wildomar makes COVID-19 Tests available at no cost to employees to all employees who had a Close Contact COVID-19;
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(3) The City of Wildomar provides Face Coverings to all employees and requires that such Face Coverings are worn when required by regulation or order from the CDPH or local health department:
(4) The City of Wildomar ensures adequate ventilation as required by Cal/OSHA regulations; and,
(5) The City of Wildomar keeps adequate records and completes all required reports.

INVESTIGATING AND RESPONDING TO COVID-19 CASES
In the event that employees test positive for COVID-19 or are diagnosed with COVID-19 by a health care provider, the City of Wildomar will instruct the employees to remain at or return to their home or place of residence and not report to a worksite until such time as the employees satisfy the minimum criteria to return to work. An investigation will be conducted to determine who may have had close contact with COVID-19 case.

All employees who had potential COVID-19 close contact in our workplace will be:
• Informed of their possible exposure to COVID -19 in the workplace while maintaining confidentiality, including independent contractors and volunteers. • Offered COVID -19 testing through their health provider or if not covered by insurance offered testing through another provider at no cost during their working hours.

The City of Wildomar will protect the confidentiality of the COVID -19 cases and will not disclose to other employees the fact that the employees tested positive for or were diagnosed with COVID -19. The City of Wildomar will keep confidential all personal identifying information of COVID-19 cases unless expressly authorized by the employees to disclose such information or as other permitted or required under the law.

Contact Tracing
The City of Wildomar will collect the following information as part of its investigation:
(1) The employee's name;
(2) The employee's contact information;
(3) The employee's occupation;
(4) The location where the employee worked;
(5) The date of the employee's last day at the workplace; and (6) The date of the employee' s positive COVID- 19 Test and/or COVID -19 diagnosis.
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If the City of Wildomar determines that there were any COVID-19 close contacts, the City of Wildomar will review and follow current CDPH guidance for quarantine and other measures to reduce transmission.

Reporting the Potential Exposure to Other Employees
The City of Wildomar will comply with all reporting and recording obligations as required under the law, including, but not limited to, reporting the COVID -19 case to the following individuals and institutions as required based on the individual circumstances: (1) employees who were present at a worksite when the COVID-19 case was present; and (2) subcontracted employees who were present at the worksite.

The City of Wildomar will provide COVID-19 testing at no cost to employees during their working hours to all employees who had potential COVID-19 close contact at a worksite.

Investigation to Determine Whether Workplace Conditions Contributed to COVID - 19 Exposure
The City of Wildomar will conduct an investigation in order to determine whether any worksite conditions could have contributed to the risk of COVID -19 exposure and what could be done to reduce exposure to COVID-19 hazards.

EXCLUSION OF COVID-19 CASES
Where we have a COVID-19 case in our workplace and, in the event of an outbreak , all employees within an Exposed Group who had a close contact, will be excluded from the workplace until our return-to-work requirements are met.

Additionally, we will continue and maintain an employee's earnings, seniority, and all other employee rights and benefits whenever we've demonstrated that the COVID-19 exposure is work related.

RETURN-TO-WORK CRITERIA
The City of Wildomar will ensure that COVID-19 cases are excluded from the worksite until the individual satisfies the minimum return to work criteria as noted below:. • COVID-19 cases who do not develop COVID -19 symptoms shall not return to work during their infectious period;;

• COVID-19 Cases who develop COVID -19 Symptoms shall not return to work during the shorter of the following: (1) the Infectious Period; or (2) through 10 days after the onset of symptoms and at least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever - reducing medication.

Regardless of the employee's vaccination status, previous infection, or lack of COVID-19 Symptoms, a COVID-19 Case shall wear a Face Covering in the workplace until 10 days 340
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have passed since the date that COVID -19 Symptoms began or, if the COVID -19 Case did not present COVID-19 Symptoms, from the date of their first positive COVID-19 test.

The above requirements shall apply regardless of whether an employee has previously been excluded from the workplace or the City of Wildomar took other precautions in response to an employee's Close Contact or membership in an exposed group.

The City of Wildomar will provide a COVID-19 Case that is excluded from the workplace information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. The City of Wildomar will provide the employee information on any benefits available under legally mandated sick leave, if applicable, workers ' compensation law, local government requirements, the City of Wildomar's own leave policies, and leave guaranteed by contract Close Contact Exposure
The City of Wildomar reviews current CDPH guidance for employees who had a Close Contact, including guidance regarding required or recommended quarantines and other measures intended to reduce the transmission of COVID-19.

The City of Wildomar will provide any employee who had a close contact and must be excluded from the workplace information regarding COVID -19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. The City of Wildomar will provide the employee information on any benefits available under legally mandated sick leave, if applicable, workers ' compensation law, local government requirements, the City of Wildomar own leave policies, and leave guaranteed by contract

ISOLATION, QUARANTINE AND EXCLUSION ORDERS
If an order to isolate, quarantine, or exclude an employee is issued by a local or state health official, the City of Wildomar will not allow any employee who is subject to such order to report to work until the employee satisfies the isolation or quarantine requirements or the order is lifted.

If no violations of local or state health official orders for isolation, quarantine, or exclusion would result, the City of Wildomar may request that DOSH allow employees to return to work on the basis that the removal of an employee would create undue risk to a community's health and safety.

In such cases, the City of Wildomar would implement effective control measures in order to prevent the transmission of COVID -19 in the workplace, includi ng isolating the employee at the workplace and, if isolation is not feasible, using respirators.

NOTICE OF WORKPLACE EXPOSURES
When Labor Code §6409.6 or any successor law is in effect, in the event of a workplace COVID-19 exposure, the City of Wildomar will provide notice to employees and the employers of independent contractors who were present at the Worksite at the same time as the COVID -19 Case. The City of Wildomar will provide such notice in a form readily understandable to employees, as required by Labor Code §6409.6. 341
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When Labor Code §6409.6 or any successor law is in effect, in the event of a workplace COVID-19 exposure, the City of Wildo mar will provide notice to the authorized representative, if any, of the COVID-19 Case and of any employee who had a workplace COVID-19 exposure as a result of the COVID-19 Case.

CORRECTION OF COVID-19 HAZARDS
The City of Wildomar will implement effective policies and/or procedures for correcting unsafe or unhealthy conditions, work practices, policies and procedures in a timely manner based on the severity of the hazard.

This includes, but is not limited to, implementing controls and/or policies and procedures in response to the evaluations conducted related to the identification and evaluation of COVID-19 hazards and investigating and responding to COVID -19 cases at City worksites.

FACE COVERINGS
The City of Wildomar shall provide face coverings to all employees upon request and ensure they are worn by employees when required by orders from CDPH. Employees will ensure required face coverings are clean and undamaged, and they are worn over the nose and mouth. If a face covering is in need of replacement, employees should contact their supervisor to request a new face covering.

When employees are required to wear face coverings, the following exceptions apply:

A. When an employee is alone in a room or vehicle.

B. While eating or drinking at the workplace, provided employees are at least six feet apart and outside air supply to the area, if indoors, has been maximized to the extent feasible.

C. Employees wearing respirators required by the employer and used in compliance with CCR Title 8 §5144.

D. Employees who cannot wear face coverings due to a medical or mental health condition or disability or who are hearing- impaired or communicating with a hearing-impaired person. Alternatives will be considered on a case-by-case basis.

E. Specific tas ks that cannot feasibly be performed with a face covering. This exception is limited to the time period in which such tasks are actually being performed.

Any employee not wearing a face covering, pursuant to the exceptions listed in items (d) and (e) above, the City will assess COVID -19 Hazards and take action as necessary based on General Industry Safety Orders, including §3205 and §3203.

The City of Wildomar will not prevent or discourage any employee from wearing a Face Covering, including a Respirator, when the use of such a Face Covering is not required by a regulation or order from the CDPH or local health department. 342
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Notwithstanding the above, the City of Wildomar may prevent an employee from wearing a Face Covering if the use of such Face Covering would create a safety hazard.

RESPIRATORS
Upon request, the City of Wildomar shall provide any employee who is working indoors or in a vehicle with more than one person a respirator for the employee's voluntary use.

The City of Wildomar will provide such respirators at no cost to the employee.

However, the City of Wildomar will not provide an employee with a respirator if the City of Wildomar determines that the employee's use of such respirator will itself create a hazard.

If the City of Wildomar determines that any voluntary respirator use is permissible, the City of Wildomar will provide the employee information contained in Appendix D to Title 8, §5144 ("Information for Employees Using Respirators When Not Required Under the Standard"). The City of Wildomar will ensure that the employee is provided with a respirator of the correct size, that the employee is trained how to properly wear the respirator provided, that the employee knows how to perform a seal check according to the manufacturer 's instructions each time a respirator is worn, and that the employee understands that facial hair interferes with a seal.

As part of the provision of respirator s, the City of Wildomar will establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the employee.

The City of Wildomar will provide respirators, training, and medical evaluations at no cost to the employee.

VENTILATION
The City of Wildomar will monitor and review CDPH and DOSH guidance regarding ventilation for indoor workplaces, including, but not limited to, the "Interim Guidance for Ventilation, Filtration, and Air Quality in Indoor Environments." The City of Wildomar will evaluate whether current indoor ventilation is adequate in order to reduce the risk of transmission of SARS -CoC-2 if a COVID -19 Case enters the workplace. Where such indoor ventilation is not adequate, the City of Wildomar will implement changes as necessary to provide adequate ventilation.

The City of Wildomar will require that employees who use vehicles for work -related purposes maximize the supply of outside air inside the vehicle to the extent feasi ble, except when doing so would cause a hazard to employees or expose them to inclement weather.

In the event of a workplace COVID-19 outbreak, the City of Wildomar will comply with the ventilation requirements below, which are set forth at §3205.1. 343
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For the purpose of determining whether there exists an " outbreak," the City of Wildomar will consider an "outbreak" to mean three (3) or more employee COVID-19 Cases within an exposed group who have visited the Worksite during their Infectious Period during any seven-day period. The City of Wildomar will use this definition unless a CDPH regulation or order defines the term " outbreak" using a different number of COVID -19 Cases or a different time period for determining the existence of a workplace COVID-19 outbreak.

In buildings or structures with mechanical ventilation, the City of Wildomar will filter recirculated air with Minimum Efficiency Reporting Value ("MERV")-13 or higher efficiency filters if compatible with the ventilation system. If MERV -13 or higher filters are not compatible with the ventilation system, employers shall use filters wit h the highest compatible filtering efficiency.

Where ventilation is inadequate to reduce the risk of COVID-19 transmission, the City of Wildomar will use High Efficiency Particulate Air ("HEPA") air filtration units in accordance with manufacturers ' recommendations in indoor areas occupied by employees for extended periods.

TRAINING AND INSTRUCTION OF EMPLOYEES
The City of Wildomar will provide training and instruction under the following circumstances:
(1) When this CPP is adopted or updated;
(2) To all new employees;
(3) To all employees given new job assignments for which training has not previously been received;
(4) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; (5) Whenever the City of Wildomar is made aware of a new or previously unrecognized hazard; and
(6) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.

REPORTING, RECORDKEEPING, AND ACCESS
It is the City of Wildomar's policy to:
• Report information about COVID-19 cases at a City of Wildomar worksite to the local health department whenever required by law, and provide any related information requested by the local health department.
• Maintain records of COVID -19 cases and close contact investigations for two 344
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(2) years beyond the period in which the record is necessary to meet the requirements of §3205 and §3205.3.
• Make our written COVID-19 Prevention Program available at the worksite to employees, authorized employee representatives, and to representatives of Cal/OSHA immediately upon request.
• The City of Wildomar will retain the notices that the City of Wildomar provides to employees, the employers of independent contractors, and employee organization in the event of a workplace COVID-19 exposure for three (3) years in accordance with Labor Code §6409.6(k) or any successor law.

MULTIPLE COVID-19 INFECTIONS AND COVID-19 OUTBREAKS
If there are three or more COVID -19 cases within a seven-day period or a worksite is identified by the local health department as the location of an outbreak, this section of CPP will stay in effect until there are no new COVID-19 cases detected at that worksite for a 14-day period, unless a CDPH regulation or order defines outbreak using a different number of COVID -19 cases and/or different time period. In which case this section applies when the number of cases at the worksite constitutes an outbreak under CDPH's definition.

COVID-19 Testing
We will make COVID-19 testing available at no cost to all employees within the exposed group except for employees who were not present during the period of an outbreak identified by a local health department or the relevant 14- day period, or for COVID -19 cases who did not develop symptoms after returning to work, no testing is required for 90 days after the initial onset of COVID -19 symptoms or, for COVID -19 cases who never developed symptoms, 90 days after the first positive test. COVID -19 testing will be provided at no cost to employees during employees' working hours.

COVID-19 testing consists of the following:
• Testing shall be made available to all employees in the exposed group and then provided weekly.
• Employees who had close contact may return to work if testing negative after five days from exposure.

All employees in the exposed group shall wear face coverings when indoors or when outdoors and less than six feet from another person.

Notice shall be given to employees in the exposed group of their right to request a respirator for voluntary use if they are not fully vaccinated. 345
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An evaluation of the worksite will be completed to determine whether to implement physical distancing of at least six feet between persons or, where six feet of physical distancing is not feasible, the use of cleanable solid partitions of sufficient size to reduce COVID-19 transmission.

Exclusion of COVID-19 Cases
The City of Wildomar will ensure COVID-19 cases and employees who had COVID -19 exposure are excluded from the work site in accordance with our CPP Exclusion of COVID-19 Cases and Return to Work Criteria requirements, and local health officer orders if applicable.

COVID-19 investigation, review and hazard correction
In addition to the CPP Identification and Evaluation of COVID -19 Hazards and Correction of COVID -19 Hazards, the City of Wildomar will immediately perform a review of potentially relevant COVID -19 policies, procedures, and controls and implement changes as needed to prevent further spread of COVID-19.

The investigation and review will be documented and include:
• Investigation of new or unabated COVID-19 hazards including:
○ Our leave policies and practices and whether employees are discouraged from remaining home when sick.
○ Our COVID-19 testing policies.
○ Insufficient outdoor air.
○ Insufficient air filtration.
○ Insufficient physical distancing.

• Updating the review:
○ Every thirty days that the outbreak continues.
○ In response to new information or to new or previously unrecognized COVID -19 hazards.
○ When otherwise necessary.

• Implementing changes to reduce the transmission of COVID -19 based on the investigation and review. We will consider:
○ Moving indoor tasks outdoors or having them performed remotely. ○ Increasing outdoor air supply when work is done indoors. ○ Improving air filtration.
○ Increasing physical distancing as much as possible.
○ Respiratory protection.

In buildings or structures with mechanical ventilation, we will filter recirculated air with minimum efficiency reporting value (MERV) 13 or higher efficiency filters if compatible with the ventilation system. If MERV -13 or higher filters are not compatibl e with the 346
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ventilation system, we will use filters with the highest compatible filtering efficiency. We will also evaluate whether portable mounted high efficiency particulate air (HEPA) filtration units or other air cleaning systems would reduce the risk of transmission and, if so, will implement their use to the degree feasible.

MAJOR COVID-19 OUTBREAKS
If there are 20 or more COVID-19 cases within a 30-day period, this section of CPP will stay in effect until there are no new COVID-19 cases detected at that worksite for a 14- day period.

COVID-19 Testing
In addition to outbreak testing requirements, testing will be required of all employees in the exposed group, regardless of vaccination status twice a week, or more frequently if recommended by the local health department. COVID -19 testing will be provided at no cost to employees during employees ' working hours. Employees in the exposed group shall be tested or shall be excluded and follow the return -to-work requirements of §3205(c)(10) starting from the date that the outbreak begins.

The City of Wildomar will also report the outbreak to Cal/OSHA.

The City of Wildomar will provide a respirator for voluntary use in compliance with §5144 (c)(2) to employees in the exposed groups and will determine the need for a respiratory protection program or changes to an existing respirator y protection program under §5144 to address COVID-19 hazards.

Any employees in the exposed group who are not wearing respirator s required by this policy and used in compliance with § 5144 shall be separated from other persons by at least six feet, except where it can be demonstrated that six feet of separation is not feasible, and except momentary exposure while persons are in movement. Methods of physical distancing include telework or other remote work arrangements; reducing the number of persons in an area at one time, including visitors; staggered arrival, departure, work, and break times; and adjusted work processes or procedures, such as reducing production speed, to allow greater distance between employees. When it is not feasible to maintain a distance of at least six feet, individuals shall be as far apart as feasible. .

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Appendix A
Current CDPH Quarantine Guidance as of 11/09/22
For employees who had a close contact, employers must review CPDH guidance and implement quarantine and other measures to prevent COVID -19 transmission in the workplace. Please refer to table 2 and table 3 below for CDPH quarantine guidance after close contact. Where the tables refer to action to be taken on a specified day (e.g., "day 5" or "day 10"), day 1 is the first day following the onset of symptoms or, if no symptoms develop, the day following the first positive test.

Table 1: Exclusion Requirements for Employees Who Test Positive for COVID- 19 Requirements apply
to all employees, regardless
of vaccination status, previous
infection, or lack of symptoms.
• Employees who test positive for COVID-19 must
be excluded from the workplace for at least 5
days after start of symptoms or after date of first
positive test if no symptoms.
• Isolation can end and employees may return
to the workplace after day 5 if symptoms are
not present or are resolving, and a diagnostic
specimen* collected on day 5 or later tests
negative.
• If an employee's test on day 5 (or later) is
positive, isolation can end, and the employee
may return to the workplace after day 10 if they
are fever-free for 24 hours without the use of
fever reducing medications.
• If an employee is unable or chooses not to test,
isolation can end, and the employee may return
to the workplace after day 10 if they are fever-
free for 24 hours without the use of fever
reducing medications.
• If an employee has a fever, isolation must
continue, and the employee may not return to
work until 24 hours after the fever resolves
without the use of fever reducing medications.
• If an employee's symptoms other than fever are
not resolving, they may not return to work until
their symptoms are resolving or until after day

10. • Employees must wear face coverings around
others for a total of 10 days.
*Antigen test preferred.
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Table 2: Employees Who Are Exposed to Someone with COVID-19 – Asymptomatic
For employees who are
asymptomatic.

Applies to all employees,
regardless of vaccination
status.
• Exposed employees must test within 3 to 5 days
after their last close contact. Persons infected
within the prior 90 days do not need to be tested
unless symptoms develop.
• Employees must wear face coverings around
others for a total of 10 days after exposure.
• If an exposed employee develops symptoms,
they must be excluded pending the results of a
test.
• If an exposed employee who develops
symptoms is unable to test or chooses not to
test, they must be excluded until 10 days after
the date of symptom onset.
• If an exposed employee tests positive for
COVID- 19, they must follow the isolation
requirements above in Table 1.
• Employees are strongly encouraged to get
vaccinated and boosted.
*Antigen test preferred.

Table 3: Employees Who Are Exposed to Someone with COVID-19 - Symptomatic For employees who are
symptomatic.

Applies to all employees,
regardless of vaccination status.
• Symptomatic employees must be excluded and
test as soon as possible. Exclusion must
continue until test results are obtained.
• If the employee is unable to test or chooses not
to test, exclusion must continue for 10 days.
• If the employee tests negative and returns to
work earlier than 10 days after the close
contact, the employee must wear a face
covering around others for 10 days following
the close contact.
• CDPH recommends continuing exclusion and
retesting in 1-2 days if testing negative with an
antigen test, particularly if tested during the first
1-2 days of symptoms.
• For symptomatic employees who have tested
positive within the previous 90 days, using an
antigen test is preferred.

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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.12
Meeting Date: November
8, 2023
SUBJECT:

Service Agreement with AppleOne for Temporary Employee
Staffing Services
SUBMITTED BY:

Heidi Schrader
PREPARED BY:

Heidi Schrader

ACTION:

Approve and Authorize the City Manager to Execute the Service Agreement with AppleOne for Temporary Staffing Services
SUMMARY:

This Service Agreement extends the City's agreement with AppleOne to provide Temporary Staffing services to deliver municipal service and project assistance on a short term basis.

BACKGROUND:

The City has executed year-to-year agreements with AppleOne to provide Temporary staffing at City facilities. These positions have included reception and customer service, assisting the City Clerk
, Accounting assistance, and other general administrative services. AppleOne provides recruiting, background checks, payroll, evaluation, training, ACA compliance, and quality control of employees, reducing the City's administrative burden related to hiring and retaining short term staff.

DISCUSSION:

The services provided by AppleOne meet the standards established by the City and both parties desire to enter a new agreement. Execution of this agreement sets the fee for all Temporary Service Positions at 55% markup over the Temporary Employee's pay rate. For a Payroll Service Position, the fee would be 40% markup over the Temporary Employee's pay rate. It also sets forth the cost to convert a Temporary Employee to a full-time City employee, should such conversion meet City operational needs. The conversion fee lowers as the length of the Temporary Employee's tenure with the City increases, leading to a fee of 7% of starting annual salary for a Temporary Employee that has worked for the City in excess of 720 hours.

Attachment A includes the proposed Agreement with AppleOne for Temporary Staffing 360
services.

FISCAL IMPACT:

It is estimated that 1400 hours of temporary assistance staffing would cost approximately $56,000. Sufficient funds are available as salary savings to offset this cost if needed.

ACCOUNT CODE:
100-410-4200-52115
100-450-4500-52115

ATTACHMENTS:
2023.10.19 AppleOne-City of Wildomar-COS v2.pdf
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CONDITIONS OF SERVICE

This Conditions of Service (“ Agreement”) is between Client and AppleOne. In consideration of the parties’ mutual covenants, conditions, and promises contained herein, the parties agree as follows:

TEMPORARY AND TEMPORARY-TO-HIRE SERVICES

1. Employees or associates of AppleOne or any of its subcontractors temporarily assigned to Client shall be referred to in the singular as “Temporary Employee” and in the plural as “Temporary Employees.” Temporary Employees are subject at all times to Client’s direct and indirect supervision; AppleOne does not supervise such employees on their assignments. Client further agrees that while on assignment with Client, Temporary Employees shall not be permitted, without express advance written approval by an officer of AppleOne, to i) engage in travel or otherwise operate a motor vehicle or any non- office machinery or equipment on behalf of Client, ii) handle cash or valuables or negotiable instruments (Client shall also not pay Temporary Employees directly or advance any funds to them.), iii) be permi tted unsupervised or uncontrolled access to confidential or proprietary information, including confidential access codes, iv) be permitted unsupervised access to or control of Client’s business premises, v) remove any property of Client from Client’s business premises, vi) purchase, consume or distribute any alcohol, or vii) consume drugs, unless advance written authorization is provided by a physician. Should any Temporary Employee be permitted to engage in any of the activities described in i) - vii) above, AppleOne shall have no responsibility arising therefrom, and Client agrees to indemnify, defend and hold harmless AppleOne for any and all liabilities, losses, claims, injuries, suits, judgments, expenses, charges, fines, interest or penalties (collectively, “Losses”) resulting from the employee’s conduct.

2. Background check services are available for an additional fee to Client and must be agreed to in writing between AppleOne and Client. Background check services may be conducted by one or more of AppleOne’s preferred, third-party vendors (e.g., A-Check Global). Client shall indemnify, defend and hold harmless AppleOne for any and all Losses arising from or related to i) the background checks or the performance thereof and ii) AppleOne’s assignment of any Temporary Employees to Client, at Client’s request, before the full completion of Client- or AppleOne-required background checks, including any legal requirements associated therewith.

3. AppleOne provides its services in compliance with its obligations as an equal opportunity and affirmative action employer. AppleOne’s recruiting procedures are free of discrimination based on race, religion, ancestry, color, national origin, age, gender identity or expression, genetic information , marital status, medical condition, physical or mental disability, protected veteran status, sex (including pregnancy), sexual orientation, or any other characteristic protected by applicable federal, state or local laws. AppleOne also consider qualified applicants regardless of criminal histories, consistent with legal requirements.

4. Client agrees to immediately contact its AppleOne representative or the AppleOne Human Resources Hotline at (800) 270-9120 upon receipt of any complaint by a Temporary Employee regarding, but not limited to, any of the following: sexual harassment, discrimination, retaliation, bullying, wage and hour issues, meal and rest breaks or any other employment -related concern. Further, Client agrees to comply with the American with Disabilities Act and any local health accommodation requirements , and upon request by AppleOne, agrees to participate in an interactive process with AppleOne and any Temporary Employee who seeks a reasonable workplace accommodation.

5. Client agrees to indemnify, defend and hold harmless AppleOne and its subsidiaries and related entities, and all of their respective officers, directors, shareholders, employees, agents and representatives (collectively, “AppleOne Parties”) for Losses arising out of any violation of laws by Client. In addition, Client agrees to comply with all laws, regulations and ordinances relating to work site health and safety, and agrees to provide Temporary Employees a safe and healthful workplace. Client agrees to indemnify, defend and hold harmless AppleOne Parties for Losses arising out of Client’s violations of the Occupational Safety and Health Act of 1970, or any similar state law with respect to workplaces owned, leased or supervised by Client, and/or to which Temporary Employees are assigned. For any serious injury, illness or death of a Temporary Employee occurring in a place of employment or in connection with an AppleOne employee’s assignment with Client, Client shall notify AppleOne immediately (Notification to AppleOne is also required in the event of any accident or medical treatment.) and is 362

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required to report immediately, by telephone or fax, to the nearest Occupational Safety and Health Administration (“OSHA”) office. Client is authorized and required by AppleOne to make the report on behalf of both AppleOne and Client. Client shall provide to OSHA all information required by applicable law, as well as AppleOne’s name, address, phone number and contact person, and the Temporary E mployee’s name. Client shall notify AppleOne immediately after the report has been made.

6. Client will not reassign or relocate a Temporary Employee without prior written authorization by AppleOne.

Client agrees to assume all liability for any third party claim arising after any reassignment or relocation that occurs without such authorization.

7. Client understands that Temporary Employees are assigned to Client to render temporary services, and that absent an agreement to the contrary, are not assigned to become employed by Client. Client acknowledges the considerable expense incur red by AppleOne to advertise, recruit, evaluate, train and quality control its employees. Client will not, without prior written authorization by AppleOne, hire an AppleOne employee, interfere with the employment relationship between AppleOne and its employee, or directly or indirectly cause an AppleOne employee to transfer to another temporary help service.

8. Client understands that AppleOne may refer candidates for Client’s evaluation or assign AppleOne employees to render temporary services at Client often while such persons seek direct hire employment through AppleOne. If Client, either directly or indirectly, such as through any company within Client’s control, solicits, offers employment to and/or hires any AppleOne candidate or employee as an employee or consultant in any position, or utilizes such person’s services through another temporary or outsourcing service, or any party affiliated with Client refers such person to any other employer and said person becomes employed by that employer: i) at any time from the date such person’s identity is provided by AppleOne to Client until six (6) months thereafter, or ii) within six (6) months after termination of such person’s temporary assignment through AppleOne at Client, whichever is the later, Client agrees to pay AppleOne a direct hire fee in accordance with AppleOne’s standard fee schedule stipulated by the parties to be equal to thirty percent (30%) of such person’s first year annualized wage or salary. Unless Client presents written evidence to AppleOne of Client’s prior knowledge of an AppleOne referred candidate i) within three (3) business days of AppleOne’s referral of such candidate to Client, or ii) prior to Client’s interview of such candidate, or iii) prior to AppleOne’s assignment of such candidate at Client, whichever is earliest, Client understands and agrees that Client is liable for the payment of any direct hire fee due to AppleOne pursuant to this Agreement.

9. AppleOne offers temporary -to-hire services to Client. An AppleOne employee temporarily assigned to Client is an employee of AppleOne until released to Client. Should Client be interested in hiring an AppleOne referred candidate or employee, Client shall contact AppleOne, who will est ablish the terms and conditions for releasing such person to Client’s payroll, including the conversion fee to be paid by Client if such terms are not otherwise agreed to between the parties. If any Client accounts are in default according to the payment t erms in Section 12, Client shall bring the accounts current prior to the hiring. If Client hires an AppleOne employee with a Client account in default, Client agrees to pay AppleOne a conversion fee equivalent to the direct hire fee as set forth in Section 8 of this Agreement.

INVOICING AND PAYMENT

10. Client understands that Temporary Employees must be paid weekly, and agrees to promptly review and approve or verify timecards or hours worked. Client agrees to pay and shall be liable for any and all charges incurred based upon Client approved or verified timecards or hours or similar information submitted by Client to AppleOne. If timecards or hours lack timely Client approval or verification, AppleOne will process payroll and invoices based upon the timecards or hours submitted by the employees.

11. Client shall reimburse AppleOne for any expenses that are incurred by AppleOne or Temporary Employees, which are reasonably related to or arise out of the services provided to Client or the discharge of duties by Temporary Employees for Client under this Agreement (“ Reimbursable Expenses”). Such Reimbursable Expenses may include a reasonable amount for Temporary Employee internet service or mobile device service for remote work, Client -required equipment and tools, Client -required uniforms, pre- employment health screening (e.g., COVID -19 testing) and fit for duty doctor’s visit costs. Expenses for travel shall not be invoiced or reimbursed unless such travel expenses have been previously authorized by Client.

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12. AppleOne shall invoice Client weekly for services and any other obligations hereunder. Client agrees that payment of invoices is due upon receipt. Client agrees that a n account balance that remains unpaid thirty (30) days after the invoice date will be considered in default and that AppleOne may assess a default charge of one and one-half percent (1.5%) per month on any such balance. Client agrees to pay any such default charges and any costs of collection, including attorneys’ fees.

13. Client’s payment method (Check box.): ApplePay’s eCheck. Client may sign up at www.applepay.com. ACH/Other shall be discussed between Client and the AppleOne representative.

Notwithstanding anything to the contrary in this Agreement, in the event that AppleOne is subject to any third party fees or costs related to AppleOne’s compliance with Client’s invoicing or payment policies or practices (e.g., Ariba fees, credit card fees, etc.), AppleOne will pass such fees or costs through to Client without markup.

14. Client and AppleOne acknowledge that thr ough the Patient Protection and Affordable Care Act of 2010, as amended (“ACA”), and regulations promulgated thereby, statutory requirements have been imposed upon certain employers of certain employees working in the United States. AppleOne is committed t o fulfilling its ACA obligations through offering ACA -compliant benefits to eligible contingent workers, including Temporary Employees. In demonstrating Client’s commitment to ACA compliance, Client agrees to share in ACA -related costs by paying a $0.54 surcharge for each hour of service provided by each Temporary Employee. The surcharge will be billed to Client in a separate line item on the invoice.

15. Client, or
federal, state or local laws, either currently existing or enacted in the future, may mandate that Temporary Employees undergo specific training (e.g., sexual harassment prevention training), presentations and other curricula (“Trainings”), where the payment of wages is required by law. Unless otherwise agreed to by the parties in writing, the parties agree that AppleOne will invoice Client for the time spent by Temporary Employee on such Trainings, as well as for voting, as allowed by applicable law, according to the regular markup percentage or bill rate that AppleOne charges for such employee.

16. Federal, state or local laws, either currently existing or enacted in the future, may require AppleOne or Client to provide one or more Temporary Employees with certain paid sick, quarantine or COVID-19-related leave (Each such law is a “Paid Leave Law.”). AppleOne and Client agree to comply with all provisions of each Paid Leave Law with respect to Temporary Employees as such laws become effective. Unless otherwise agreed to by the parties in a writing, to address the costs for compliance with a Paid Leave Law, the parties agree that AppleOne will invoice Client for the paid leave of a Temporary Employee according to the regular markup percentage or bill rate that AppleOne charges for such employee provided that the criteria required for the payment of leave to such employee under applicable law has been met.

17. Unless otherwise agreed to by the parties elsewhere in the Agreement and/or in any of the Agreement’s mutually agreed upon ancillary exhibit(s) or document(s), to the extent that AppleOne may be required to pay the Temporary Employee overtime under any federal, state or local law, AppleOne, as applicable, will bill Client i) based upon the Temporary Employee’s legally applicable hourly pay rate for overti me work plus the markup percentage for the Temporary Employee, or ii) an overtime bill rate, which will be calculated by applying a multiplier of 1.5 or 2.0 (for double time, where applicable) to the Temporary Employee’s hourly bill rate.

18. Additional agreed upon pricing for the services to Client under this Agreement may be set forth in one (1) or more exhibit(s) to this Agreement or as mutually agreed upon by the parties in writing. T he parties agree that upon thirty (30) days’ written notice to Client, pricing under this Agreement may change if AppleOne’s expenses for statutory or other fixed costs increase, or if new or additional statutory or government-imposed taxes, fees or costs are incurred by AppleOne after the Effective Date. These taxes, fees or costs may include, but are not limited to those related to: Workers’ Compensation Insurance, State Unemployment Insurance, federal, state or local taxes , regulations or ordinances (including but not limited to Wage Determinations, Health & Welfare Benefits, SCLS/SCA, vacation pay, Paid Leave Laws or minimum wage laws), or an increase in the ACA surcharge. The parties agree that such written notice may be in the form of an electronic communication, including email.

OTHER TERMS

19. Despite anything to the contrary in the Agreement, Client shall defend, indemnify and hold harmless AppleOne Parties from and against any and all Losses to the extent caused by Client’s failure to inform AppleOne, in writing, that Client or any job orders or services hereunder, are subject to Federal Acquisition Regulation and/or 364

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Defense Federal Acquisition Regulation Supplement , Service Contract Labor Standards, formerly known as the McNamara-O’Hara Service Contract Act of 1965 (“SCLS/SCA”), Davis-Bacon Act of 1931, Federal Paid Sick Leave (EO 13706) , or any other f ederal law where a security clearance or any kind of government -issued credential or designation is required.

20. To the maximum extent permitted by applicable law, neither Client nor AppleOne shall have any liability for any indirect, consequential, special or incidental damages, damages for loss of profits or revenues, whether in an action in contract or tort, even if such party has been advised of the possibility of such damages, unless such party has engaged in gross negligence or willful misconduct or the damages arise from a third party claim for which a party is entitled to indemnification in this Agreement.

21. This Agreement supersedes any and all other agreements, either oral or written, between the parties or anyone acting on behalf of a party hereto, with respect to the subject matter hereof. This Agreement contains all of the covenants, conditions, warranties, representations, inducements, promises or agreements (oral, written, on a website, or otherwise) (“Promises”) between the parties with respect to the subject matter hereof. Each party hereto acknowledges that no Promises have been made by any party , or anyone acting on behalf of any party , which are not embodied herein, and that no other Promises, which are not contained herein, shall be valid or binding. Any oral Promises or modifications concerning this Agreement shall be of no force or effect, except by a subsequent written amendment to this Agreement.

22. The confidential and/or proprietary information of the disclosing party will be held in strict confidence by the receiving party and will not be disclosed by the receiving party to any third party, or used by the receiving party for its ow n purposes, except to the extent that such disclosure or use is necessary in the performance by the receiving party of its obligations under this Agreement. The receiving party upon the request of the disclosing party will destroy or return all writings or documents that contain information subject to the protections of this section.

23. The laws of the State of California shall govern this Agreement, its interpretation and any disputes regarding the services. Any action concerning this Agreement or the servic es shall be instituted in the state or federal courts located in County of Los Angeles in the State of California, and AppleOne and Client agree to the exclusive personal jurisdiction of said courts and waive any rights to a change of venue. In the event t hat a party hereto commences any legal or equitable action or other proceeding, the prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to any other relief.

24. This Agreement shall be in effect from the last date set forth below (“Effective Date”) and shall continue until terminated at any time by either party in writing. Absent a prior agreement between the parties, services provided by AppleOne to Client before the Effective Date shall be considered as having been provided subject to the provisions of this Agreement. The rights and obligations in this Agreement , which by their nature should survive, will remain in full force and effect following the termination of this Agreement.

25. In the event that any provision of this Agreement shall be unenforceable or inoperative as a matter of law, the remaining provisions shall remain in full force and effect.

26. As Client’s staffing supplier, AppleOne considers itself a critical vendor to Client, and AppleOne is committed to helping i ts clients through turbulent times. To ensure alignment on this issue, AppleOne requests and Client agrees that, in the unlikely event of a Client bankruptcy filing, that AppleOne will be a critical vendor of Client so that all services performed by AppleO ne under this Agreement, or any other agreement between the parties, before and after any bankruptcy filing, are paid in accordance with the parties’ applicable contractual terms.

27. A waiver of a breach of any covenant, condition, or promise of this Agreement shall not be deemed a waiver of any succeeding breach of the same or any other covenant, condition, or promise of this Agreement. No waiver shall be deemed to have been given unless given in writing.

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28. The parties agree that this Agreement (and/or any of the Agreement’s mutually agreed upon ancillary exhibit(s) or document(s)) may be electronically signed and that any electronic signature appearing on this Agreement (and/or such exhibit(s) or document(s)) is the same as a handwritten signature for the purposes of validity, enforceability and admissibility. Further, the parties agree that this Agreement may be executed in counterparts, each of which together shall be deemed one and the same instrument. Moreover , the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

City of Wildomar

(“Client”)
AppleOne, Inc.
dba AppleOne Employment Services
(“AppleOne”)

Signature

Daniel York
Printed Name Printed Name

City Manager
Title

Title

Date Date

23873 Clinton Keith Road, Suite 201

327 W Broadway

Wildomar, CA 92595

Glendale, CA 91204
Address Address

AppleOne is an equal opportunity and affirmative action employer. We proudly embrace diversity in all of its manifestations. We are firmly committed to anti-racism, and as leaders of fairness in work, do not tolerate or support racism or any discriminatory practices. 366

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EXHIBIT A - 1, PRICING
TO CONDITIONS OF SERVICE (“AGREEMENT”)

BETWEEN

CLIENT AND APPLEONE

1. TEMPORARY EMPLOYEES:

1.1 Employees or associates of AppleOne and any of its subcontractors temporarily assigned to Client shall be referred to in the singular as “Temporary Employee” and in the plural as “Temporary Employees.” Unless otherwise specified in the Agreement, t he rates and fees set forth below represent the Temporary Employee’s pay plus all appl icable state and federa l taxes, government reporting, workers’ compensation and related administrative costs.

1.2 AppleOne will charge Client an hourly bill rate for each hour of service provided by a Temporary Employee. AppleOne will invoice Client according to the following fee schedule:

JOB CLASSIFICATIONS BILL RATE FOR TEMPORARY EMPLOYEE
All Temporary Service Positions 55% markup over Temporary Employee’s pay rate
All Payroll Service Positions 40% markup over Temporary Employee’s pay rate

1.3 To the extent that AppleOne may be required to pay any Temporary Employee overtime under any federal, state or local law, AppleOne will bill Client for an overtime bill rate, which will be calculated by applying a multiplier of 1.5 or 2.0 (for double time, where applicable) to the Temporary Employee’s hourly bill rate.

1.4 Client and AppleOne acknowledge that through the Patient Protection and Affordable Care Act of 2010, as amended (“ACA”), and regulations promulgated thereby, statutory requirements have been imposed upon certain employers of certain employees working in the United States. AppleOne is committed to fulfilling its ACA obligations through offering ACA -compliant benefits to eligible contingent workers, including Temporary Employees. In demonstrating Client’s commitment to ACA compliance, Client agrees to share in ACA -related costs by paying a $0.54 surcharge for each hour of service provided by each Temporary Employee. The surcharge will be billed to Client in a separate line item on the invoice.

1.5 Federal, state or local laws, either currently existing or enacted in the future, may require AppleOne or Client to provide one or more Temporary Employees with certain paid sick, quarantine or COVID-19-related leave (Each such law is a “Paid Leave Law.”). AppleOne and Client agree to comply with all provisions of each Paid Leave Law with respect to Temporary Employees as such laws become effective. Unless otherwise agreed to by the parties in writing, to address the costs for compliance with a Paid Leave Law, the parties agree that AppleOne will invoice Client for the paid leave of a Temporary Employee according to the bill rate that AppleOne charges for such employee provided that the criteria required for the payment of leave to such employee under applicable law has been met.

1.6 Intentionally omitted.

1.7 The parties agree that upon thirty (30) days’ written notice to Client, pricing under thi s Agreement may change if AppleOne’s expenses for statutory or other fixed costs increase, or if new or additional statutory or government-imposed taxes, fees or costs are incurred by AppleOne after the effective date of the Agreement.

These taxes, fees or costs may include, but are not limited to those related to: Workers’ Compensation Insurance, State Unemployment Insurance, federal, state or local taxes, regulations or ordinances (including but not limited to Wage Determinations, Health & Welfare Benefit s, Service Contract Labor Standards (formerly known as the McNamara-O’Hara Service Contract Act of 1965), vacation pay, Paid Leave Laws or minimum wage laws), or an increase in the ACA surcharge. The parties agree that such written notice may be in the for m of an electronic communication, including email.

Temporary Employees must work at the job site of the original assignment. An authorized AppleOne representative must approve, in writing, any change in job site or job duties in advance of such change.

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2. CONVERSION OF TEMPORARY EMPLOYEE:

2.1 Client may convert a Temporary Employee to a full-time employee at a fee equal to 7% of the Temporary Employee's starting annual salary for Client once the Temporary Employee has been on assignment with Client for 720 hours. Should Client convert any Temporary E mployee to a full -time employee prior to 720 hours, AppleOne will bill Client according to the following fee schedule:

HOURS COMPLETED ON ASSIGNMENT

CONVERSION FEE AS A PERCENTAGE
OF THE EMPLOYEE’S STARTING

ANNUAL SALARY FOR CLIENT
1-240 Hours 25% of Starting Annual Salary
241-480 Hours 19% of Starting Annual Salary
481-719 Hours 13% of Starting Annual Salary
720+ Hours 7% of Starting Annual Salary
Conversion is not transferable to any third party who is a competitor of AppleOne.

THERE IS NO CONVERSION FEE FOR PAYROLL SERVICE POSITIONS.

3. DIRECT HIRE SERVICES:

3.1 Client retains AppleOne on a non- exclusive basis to locate, refer, and/or present to Client candidate(s) for employment positions with Client. Such direct hire services shall be referred to as the “Direct Hire Services.” Decisions regarding whether to hire candidate(s) referred by AppleOne, as well as any and all compensation and benefits to be offered to such candidate(s), shall be made by Client, and not by AppleOne.

3.2 AppleOne will perform reference checks and other such screening as AppleOne deems reasonably necessary to determine the qualifications and suitability of the candidate(s) prior to their placement at Client.

Reference checks for the candidate(s) will be based entirely upon application information provided by the candidate(s). AppleOne will be entitled to rely upon any information received from the candidate(s) and their references. AppleOne will not be responsible to complete the employer I -9 verification process. Except as specifically provided herein, any other checks, screenings, or tests (e.g., drug, health, credit, criminal, and/or skills) (collectively, “Background Checks”) will not be performed on candidate(s). Upon Client’s written request, and AppleOne’s written agreement to such request, AppleOne can arrange, for an additional fee, to have lawful, Client-specified Background Checks performed on candidate(s). The fee for any agreed- upon Background Checks shall be determined by AppleOne at the time of Client’s request and shall be paid by Client at the time such service is performed by AppleOne and/or its preferred third party vendor(s). AppleOne shall have no liability in connection with the acts or omissions of third-party vendor(s) who perform any Background Checks

3.3 AppleOne provides its Direct Hire Services in compliance with its obligations as an equal opportunity and affirmative action employer. AppleOne’s recruiting procedures are free of discrimination based on race, religion, ancestry, color, national origin, age, gender identity or expression, genetic information, marital status, medical condition, physical or mental disability, protected veteran status, sex (including pregnancy), sexual orientation, or any other characteristic protected by applicable federal, state or local laws. AppleOne also consider qualified applicants regardless of criminal histories, consistent with legal requirements.

3.4 Except as otherwise set forth in the A greement, Client agrees that a fee for AppleOne’s Direct Hire Services (“Direct Hire Fee”) shall be deemed earned by AppleOne when a candidate referred by AppleOne to Client is employed by Client or its subsidiary or other affiliated entity at any time within six (6) months from the date AppleOne provided the identity of such candidate to Client. This Direct Hire Fee shall be earned and due to AppleOne regardless of the position in which the candidate is hired, even if such position is different than the position for which the candidate was originally referred. In addition, u nless Client presents written evidence to AppleOne of Client prior knowledge of an AppleOne referred candidate either: i) within three (3) business days of AppleOne’s referral of such candidate to Client or ii) prior to Client’s interview of such candidate, whichever is earlier, Client understands and agrees that Client is liable for the payment of any Direct Hire Fee due to AppleOne for such candidate pursuant to this Agreement.

3.5 Client agrees that the Direct Hire Fee for an AppleOne referred candidate under the terms of this Agreement is equal to a percentage of such candidate’s first year annualized salary as set forth in the table below.

JOB CLASSIFICATION PERCENTAGE (%) OF

FIRST YEAR ANNUALIZED SALARY
All Positions 25%

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3.6 Client agrees that payment for Direct Hire Services is due net ten (10) calendar days following receipt of invoice or the candidate’s start date, whichever is later. Client understands and agrees that a default charge of one and one-half percent (1.5%) per month may be imposed on any balance that remains unpaid after thirty (30) days from the invoice date. Client agrees to pay any such default charge(s) and any costs of collection, including attorneys’ fees.

3.7 “5•50 Assurance Plan” Terms and Conditions:
a. The 5•50 Assurance Plan is contingent upon the timely payment of fees according to the terms set forth in this Agreement. The 5•50 Assurance Plan may only be applied one (1) time per original candidate.

Client must also notify A ppleOne in writing within five (5) calendar days of a candidate’s termination, resignation, promotion or relocation date, as applicable, should Client wish to utilize the 5•50 Assurance Plan.
i. 30 Calendar Days – Free Replacement or Full Refund: Upon termination or resignation of the original candidate within the first thirty (30) calendar days of employment, AppleOne will provide either a one-time free replacement for the same vacated position or a full refund of the Direct Hire Fee paid for the original candidate.
ii. 31 to 90 Calendar Days – Free Replacement or Prorated Refund: Upon termination or resignation of the original candidate between thirty -one (31) and ninety (90) calendar days, AppleOne will provide either a one-time free replacement for the same vacated position or a prorated refund of the Direct Hire Fee paid for the original candidate. The prorated refund will be based on the number of calendar days remaining after termination or resignation within the ninety (90) day period (1/90th of the fee per calendar day).
iii. 91 Calendar Days to 5 Years - 50% Discount: Upon termination, resignation, or promotion of the original candidate between ninety -one (91) calendar days and five ( 5) years, AppleOne will offer a one-time replacement of the same vacated position at a 50% discount.

Example: If the original Direct Hire Fee is 25% of first year annualized salary, the replacement Direct Hire Fee will be 12.50% of the first year annualized salary of the replacement candidate. b. The 5•50 Assurance Plan is not available in the event of employee termination or resignation due to a significant change in the employee’s compensation or other benefits of employment, unlawful conduct of the employer, harassment of the employee, or other conditions or events not in keeping with a professional and reasonable working environment.

City of Wildomar

(“Client”)
AppleOne, Inc.
dba AppleOne Employment Services
(“AppleOne”)

Signature

Signature
Daniel York
Printed Name Printed Name

City Manager
Title

Title

Date Date

23873 Clinton Keith Road, Suite 201 327 W Broadway

Wildomar, CA 92595

Glendale, CA 91204
Address Address

369

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.13
Meeting Date: November
8, 2023
SUBJECT:

Legislative Update Change to Personnel Rules - Part Time Sick Leave
SUBMITTED BY:

Heidi Schrader
PREPARED BY:

Heidi Schrader

ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

REVISING THE CITY'S PERSONNEL RULES
SUMMARY:

Amends the personnel rules to comply with recent California Paid Sick Leave Requirements relating to paid sick days and paid sick leave. City's Personnel Rules relative to Sick Leave for Part-Time and Temporary Employees (Rule XII.F.3.g and h) are being amended to comply with SB 616..

BACKGROUND:

The City of Wildomar last amended the Personnel Rules in October 2023 as part of a global revamp of the rules that guide the City's personnel and employment practices. In the time since the Rules were amended, the State of California approved SB 616 which amends Sections 245.5, 246 and 246.5 of the State Labor Code related to employment. In order to remain compliant with these amended sections, the City's Personnel Rules as they relate to Sick Leave for Part-Time and Temporary Employees (Rule XII.F.3.g and h) must be revised.

DISCUSSION:

Employers are required to provide paid sick leave to workers in California under the Healthy Workplace Healthy Family Act of 2014 (HWHFA) as amended by SB616. The City is required to accrue at least one hour of sick leave for every 30 hours an employee works. At the same time, an employer may limit the amount of paid sick leave an employee can use in one year to 40 hours or five days, whichever is more. An employer must allow accrued unused paid sick 370
leave to be carried over to the next year, but a cap on carry over hours of no less than 80 hours or ten days is permitted. Based on these requirements, the Rules will be revised to increase the amount of sick leave part-time and temporary employees may use from up to 24 hours to 40 hours of accrued paid sick leave during a calendar year. At the same time, unused paid sick leave carried over from calendar year to calendar year with a maximum paid sick leave bank will be revised from 48 to 80 hours.

FISCAL IMPACT:

There is no significant fiscal impact associated with these changes.

ATTACHMENTS:

Policy_Resolution11_2023.docx
Exhibit A Wildomar Personnel Rules - NOV 2023.docx
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RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REVISING THE CITY’S PERSONNEL RULES
WHEREAS, on June 18, 2014, the City of Wildomar (“City”) City Council adopted Ordinance No. 96 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 2.36 (PERSONNEL SYSTEM) OF THE WILDOMAR MUNICIPAL CODE;
WHEREAS, Ordinance No. 96 among other things, states that the City Council shall have the authority to adopt, amend, or repeal the Personnel Rules (“Rules”) as determined necessary from time to time; and
WHEREAS, as the State of California approved SB 616 which amends Sections 245.5, 246, and 246.5 of the California Labor Code relating to employment, there is a need to update the Rules to address these additional requirements to the Workplace Healthy Family Act of 2014.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1. PERSONNEL RULES. Upon adoption of this Resolution, City Council adopts the “City of Wildomar Personnel Rules and Regulations, Updated November 2023,” as attached to this Resolution as Exhibit A.
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PASSED, APPROVED, AND ADOPTED this 8th day of November 2023. ______________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
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City of Wildomar
Personnel Rules
and Regulations
Updated October
2023
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TABLE OF CONTENTS
Page
RULE I. GENERAL PROVISIONS...................................................................................... 6 A. Purpose......................................................................................................... 6 B. Nature of Employment................................................................................... 6 C. Applicability ................................................................................................... 6 D. Not an Employment Contract ........................................................................ 6 E. Amendment of Personnel Rules.................................................................... 6 F. Adoption of Administrative Policies ............................................................... 6 G. Delegation of Authority .................................................................................. 6 H. Changes to the Law ...................................................................................... 7 I. Severability.................................................................................................... 7 RULE II. DEFINITIONS....................................................................................................... 7 A. General Definitions........................................................................................ 7 B. Specific Definitions ........................................................................................ 7 RULE III. NONDISCRIMINATION....................................................................................... 9 A. Equal Employment Opportunity..................................................................... 9 B. Policy Against Harassment, Discrimination and Retaliation ........................ 10 C. Disabled Applicants and Employees ........................................................... 10 D. Religious Accommodation........................................................................... 11 E. Lactation Accommodation ........................................................................... 11 RULE IV. CLASSIFICATION ............................................................................................ 11 A. Preparation of Plan...................................................................................... 11 B. Adoption, Amendment and Revision of Plan ............................................... 12 C. Allocation of Positions ................................................................................. 12 D. New Positions.............................................................................................. 12 E. Job Descriptions.......................................................................................... 12 F. Reclassification ........................................................................................... 12 RULE V. COMPENSATION.............................................................................................. 13 A. Salary on Appointment ................................................................................ 13 B. Salary Anniversary Dates............................................................................ 13 C. Increases Within Salary Range ................................................................... 13 D. Salary Upon Promotion ............................................................................... 13 E. Salary Upon Transfer .................................................................................. 14 375
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F. Salary on Change in Range Assignment..................................................... 14 G. Salary on Reallocation of Position............................................................... 14 H. Salary on Demotion..................................................................................... 14 I. Acting Pay ................................................................................................... 14 J. Bilingual Pay................................................................................................ 15 K. Special Salary Adjustments......................................................................... 15 L. Cost of Living Adjustment............................................................................ 15 M. Pay Periods................................................................................................. 15 N. Severance Upon Termination...................................................................... 15 RULE VI. APPLICATIONS, RECRUITMENT AND EXAMINATIONS................................ 16 A. Vacancies.................................................................................................... 16 B. Announcement of Vacancies/Acceptance of Applications........................... 17 C. Disqualification of Applicants....................................................................... 17 D. Ineligibility for Employment.......................................................................... 17 E. Selection Process........................................................................................ 19 F. Creation of Eligibility List ............................................................................. 19 G. Physician's Examination.............................................................................. 19 RULE VII. APPOINTMENTS............................................................................................. 20 A. Appointment of New Employee ................................................................... 20 B. Provisional Appointments............................................................................ 20 C. Acting Appointments to a Higher Class ....................................................... 21 D. Emergency Appointment ............................................................................. 22 E. Reinstatement ............................................................................................. 23 F. Reemployment ............................................................................................ 23 G. Promotion.................................................................................................... 23 H. Demotion..................................................................................................... 23 I. Transfer....................................................................................................... 24 J. Interactive Process Transfer ....................................................................... 24 RULE VIII. NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS BETWEEN EMPLOYEES ....................................................................... 24 A. Nepotism ..................................................................................................... 24 B. Consensual Romantic Relationships Between Employees.......................... 28 RULE IX. REPORTS AND RECORDS. ............................................................................ 30 A. Maintenance of Personnel Files .................................................................. 30 376
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B. Review and Access of Personnel Files ....................................................... 30 C. Current Address .......................................................................................... 30 D. References.................................................................................................. 30 E. Destruction of Records................................................................................ 30 RULE X. PERFORMANCE EVALUATIONS. .................................................................... 30 A. Policy........................................................................................................... 30 B. Authority to Make Evaluations..................................................................... 31 C. Time for Performance Evaluation................................................................ 31 D. Postponement of Performance Evaluation .................................................. 31 E. Review with the Department Head.............................................................. 31 F. Review with Employee ................................................................................ 31 G. Retention of Performance Evaluation.......................................................... 31 H. Effects of "Improvement Needed" and "Unsatisfactory" Ratings.................. 32 RULE XI. WORKWEEK, HOURS OF WORK AND OVERTIME........................................ 32 A. FLSA Classification ..................................................................................... 32 B. Work Schedules and Workweek.................................................................. 32 C. Daily Hours of Work/Shifts. . ....................................................................... 33 D. Changes in Work Schedules.. ..................................................................... 33 E. Meal Periods.. ............................................................................................. 33 F. Rest Periods................................................................................................ 34 G. Overtime...................................................................................................... 34 RULE XII. LEAVES OF ABSENCE. .................................................................................. 35 A. Effect of Leave of Absence.......................................................................... 35 B. Unauthorized Absences .............................................................................. 36 C. Holidays....................................................................................................... 36 D. Vacation ...................................................................................................... 37 E. Sick Leave for Full-Time Employees ........................................................... 38 F. Sick Leave for Part-Time and Temporary Employees................................. 42 G. Bereavement Leave .................................................................................... 45 H. Military Leave .............................................................................................. 45 I. Jury Duty ..................................................................................................... 46 J. Pregnancy Disability Leave ......................................................................... 46 K. Family Care and Medical Leave.................................................................. 46 L. Leave of Absence Without Pay ................................................................... 46 377
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M. Management Leave .................................................................................... 47 N. Fitness for Duty Leave................................................................................. 47 O. Voting Leave ............................................................................................... 49 P. Subpoenaed Absence ................................................................................. 49 Q. Personnel Action Leave .............................................................................. 50 R. School Leave............................................................................................... 50 RULE XIII. ATTENDANCE................................................................................................ 51 A. Attendance .................................................................................................. 51 B. Tardiness .................................................................................................... 51 C. General Absences....................................................................................... 51 D. Unauthorized Absences .............................................................................. 52 RULE XIV. LAYOFF/SEPARATION/RETIREMENT ......................................................... 52 A. Layoff .......................................................................................................... 52 B. Resignations................................................................................................ 52 C. Terminations................................................................................................ 52 D. Retirement/Disability Retirement................................................................. 52 RULE XV. ETHICAL STANDARDS................................................................................... 53 A. Outside Employment, Enterprise, or Activity ............................................... 53 B. Political Activities......................................................................................... 54 C. Solicitation of Political Contributions............................................................ 54 D. Contracts and Conflicts of Interest .............................................................. 54 E. Conduct During the Workday ...................................................................... 54 F. Employees with Access to Confidential Information.................................... 54 RULE XVI. DISCIPLINARY ACTIONS.............................................................................. 54 A. Reason for Disciplinary Action..................................................................... 54 B. Types of Disciplinary Actions....................................................................... 56 C. Authority for Disciplinary Actions ................................................................. 57 D. Notice of Disciplinary Action........................................................................ 57 E. Name-Clearing Hearing............................................................................... 58 RULE XVII. GRIEVANCE PROCEDURE.......................................................................... 58 A. Purpose of the Grievance Procedure .......................................................... 58 B. Grievance Procedure................................................................................... 59 C. General Provisions...................................................................................... 60 RULE XVIII. EMPLOYMENT BENEFITS .......................................................................... 61 378
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A. Health Benefits............................................................................................ 61 B. Retirement Benefits..................................................................................... 61 RULE XIX. EDUCATIONAL ASSISTANCE....................................................................... 61 A. Educational Reimbursement for Training and Advancement....................... 61 B. Licenses and Certification Assistance ......................................................... 61 RULE XX. WORKPLACE VIOLENCE PREVENTION....................................................... 62 RULE XXI. DRUG-FREE WORKPLACE POLICY ............................................................ 62 RULE XXII. ELECTRONIC COMMUNICATIONS POLICY............................................... 62 RULE XXIII. UNIFORMS AND EQUIPMENT.................................................................... 62 A. Uniforms...................................................................................................... 62 B. Equipment ................................................................................................... 62 C. Safety Equipment and Protective Clothing .................................................. 63 RULE XXIV. EMPLOYEE REIMBURSEMENTS AND ALLOWANCES ............................ 63 A. Reimbursement........................................................................................... 63 B. Allowance.................................................................................................... 63 RULE XXV. DISASTER AND EMERGENCY SERVICE WORKERS ............................... 63 A. Employees Designated as Disaster Workers .............................................. 63 B. Oath or Affirmation ...................................................................................... 64 C. Declaration of Disaster or Emergency......................................................... 64 D. Employee Disaster Responsibilities ............................................................ 64 379
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CITY OF WILDOMAR

PERSONNEL RULES AND REGULATIONS
RULE I. GENERAL PROVISIONS
A. Purpose. These personnel rules (“Rules”) are intended to establish and maintain an efficient and uniform personnel program for the City of Wildomar (“City”). This updated version of the Rules repeals and replaces all prior versions of the Rules.

Upon adoption, these Rules shall supersede any and all personnel management policies, rules, regulations and procedures previously adopted, except those which were adopted by order of a department head for that department, and which are not in conflict with the Rules specified herein.

B. Nature of Employment. All employees of the City are at-will employees. Their employment can be terminated by the City or the employee at any time, with or without cause, with or without notice, and with or without the right of appeal.

Nothing in these Rules, in a contract for employment, or any other policy adopted by the City, should be interpreted in a manner that would cause the employee's employment to be other than at-will.

C. Applicability. Unless otherwise specifically stated either in these Rules or in a contract for employment or resolution or ordinance of the City Council, the provisions of these Rules apply to all City employees. In the event of conflict between the provisions of these Rules and a stand-alone personnel policy, the provisions of these Rules will control. In the event of a conflict between these Rules and a written contract for employment, the terms of the written contract for employment will control.

D. Not an Employment Contract. None of these Rules shall be deemed to create a vested contractual right for any employee.

E. Amendment of Personnel Rules. The City Council shall have authority to adopt, amend, or repeal these Rules by resolution. The Personnel Officer shall have authority to prepare and recommend revisions to the Rules.

F. Adoption of Administrative Policies. The Personnel Officer is hereby authorized to adopt administrative policies, so long as said administrative policies are not in direct conflict with these Rules.

G. Delegation of Authority. Except as otherwise provided, any duties, responsibilities, powers, and authority granted by these Rules or the personnel ordinance to the City Manager, appointing authority, Personnel Officer, Department Head, or any 380
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other person may be delegated, in writing, to any other employee at the discretion of the delegating individual.

H. Changes to the Law. When any local ordinance, state or federal law, or regulation, that is incorporated in the Rules or upon which the Rules rely is amended, the Rules shall be deemed amended in conformance with those amendments.

I. Severability. If any section, subsection, sentence, clause, or phrase of the Rules is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of the Rules.

RULE II. DEFINITIONS
A. General Definitions. All words and terms used in these Rules and in any resolution or ordinance dealing with personnel policies, system, or procedures shall be defined as they are normally and generally defined in the field of personnel administration.

B. Specific Definitions.

1. "Acting appointment" means a temporary appointment of an employee who possesses at least the minimum qualifications established for a particular class and who is appointed to a position in that class in the absence of available eligible incumbents, or on an interim basis pending later appointment of an eligible person.

2. "Advancement" means a salary increase within the limits of a pay range established for a class.

3. "Allocation" means the assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.

4. "Appointing authority" means the City Manager or their designee.

5. "At-will employee" means an employee whose employment can be terminated by the City or the employee, at any time, with or without cause and with or without notice.

6. "Class" or “Classification” means all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.

7. "Compensation" means the salary, wage, allowance, and all other forms of valuable consideration earned by or paid to any employee by reason of 381
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service in any position but does not include expenses authorized and incurred incidental to employment.

8. "Continuous service" means service in the employ of the City without a break or interruption. Unless otherwise required by law, a severance of the employee from his or her employment initiated by either the City or the employee for periods of more than 30 days constitutes a break in continuous service.

9. "Council" or “City Council” means the City Council of the City of Wildomar.

10. "Day" or "days" means calendar day(s), unless otherwise stated.

11. "Demotion" means the movement of an employee from one class to another class having a lower maximum base rate of pay.

12. “Department Head” means the administrative head of every department in the City.

13. “Disciplinary action" means the discharge, demotion, reduction in pay, suspension, or reprimand of an employee for punitive reasons.

14. "Eligibility list" means the list which contains the names of successful applicants according to relative performance on the total weighted examinations.

15. “Executive Classification” means employees who are in the “executive” group according to the City’s Position Classification Schedule adopted by the Council Resolution No. 2022-60 on November 9, 2022, and as may be later amended by Council.

16. “Exempt Employee” means an employee who holds a position that, based on both the job requirements and the salary earned, do not entitle the employee to receive compensation at an overtime rate under applicable state or federal wage and hour laws.

17. "Full-time employees" means employees whose positions require the employee work at least 40 hours in a workweek. All positions shall be full- time unless otherwise designated, or unless the compensation is fixed upon the basis of part-time work.

18. "Layoff' means the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organization changes.

19. “Management Classification” means employees who are in the “management” group according to the City’s Position Classification Schedule adopted by the 382
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Council Resolution No. 2022-60 on November 9, 2022, and as may be later amended by Council

20. “Non-exempt employee” means an employee who holds a position that, based on either the job requirements or the compensation earned, may entitle the employee to receive compensation at an overtime rate under applicable state or federal wage and hour laws.

21. "Personnel Officer" means the City Manager or their designee.

22. "Part-time employees" means employees whose positions work less than 1,000 hours per year, are paid on an hourly basis and only receive fringe benefits as provided by these Rules and as otherwise required by law.

23. "Position" means a group of duties and responsibilities in the service of the City requiring the full-time or part-time employment of one person.

24. "Promotion" means the movement of an employee from one class to another class having a higher maximum base rate of pay.

25. "Provisional appointment" means a temporary appointment, less than 960 hours in a fiscal year, of an individual who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligible employees.

26. "Reinstatement" means the restoration without examination of a former employee to a classification in which the employee formerly served.

27. "Suspension" means the temporary separation from service of an employee without pay for disciplinary purposes.

28. "Temporary employee" means an employee who is appointed to a position for a limited period of time and is only entitled to benefits as provided by resolution of the City Council and as required by law.

29. "Transfer" means the movement of an employee from one position to another position in the same class or to another class with the same maximum base rate of pay.

RULE III. NONDISCRIMINATION
A. Equal Employment Opportunity. The City is committed to a policy of equal employment opportunity for applicants and employees. It does not discriminate against qualified applicants or employees with respect to terms or conditions of employment based on race, color, ancestry, sex, gender, sexual orientation, gender identity, gender expression, age (over 40), religion, ethnicity, national origin, creed, physical or mental disability, medical condition, genetic information, marital status, pregnancy, reproductive health decision-making, childbirth or related 383
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medical conditions, breastfeeding, military or veteran's status, or any other characteristic protected by state or federal law or local ordinance.

Any technique or procedure used in recruitment and selection of employees will be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique will be used which, in the opinion of the City Manager or designee, is not justifiably linked to successful job performance.

Employees who believe they have experienced any form of employment discrimination are encouraged to report this immediately, using the complaint procedure provided in the City’s policy prohibiting harassment, discrimination, and retaliation, attached as Appendix A.

B. Policy Against Harassment, Discrimination and Retaliation. City policy prohibits unlawful harassment and discrimination based on an employee's race, color, ancestry, sex, gender, sexual orientation, gender identity, gender expression, age (over 40), religion, ethnicity, national origin, creed, physical or mental disability, medical condition, genetic information, marital status, pregnancy, reproductive health decision-making, childbirth or related medical conditions, breastfeeding, military or veteran's status, or any other characteristic protected by state or federal law or local ordinance. In addition, City policy prohibits retaliation because of the employee's opposition to a practice the employee reasonably believes to constitute employment discrimination or harassment or because of the employee's participation in an employment discrimination or harassment investigation, proceeding or hearing. The City's full policy against unlawful harassment, discrimination, and retaliation is set forth in a council adopted policy, and is attached to these Rules as Appendix A.

C. Disabled Applicants and Employees. The City has a commitment to ensure equal opportunities for disabled applicants and City employees. Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, and discharge) will not discriminate unlawfully against disabled applicants or employees. The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act ("FEHA") and the Americans with Disabilities Act ("ADA").

1. Request for Accommodation. An applicant or employee who desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to the Human Resources Department.

The request must identify: a) the job-related functions at issue; and b) the desired accommodation(s). Reasonable accommodation may include, but is not limited to, job restructuring, reassignment to a vacant position for which the employee is qualified, and making facilities accessible.

2. Reasonable Documentation of Disability. Following receipt of the request, the Human Resources Department may require additional information, such as reasonable documentation of the existence of a disability or additional 384
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explanation as to the effect of the disability on the employee’s ability to perform the employee’s essential functions, but will not require disclosure of diagnosis or genetic history.

3. Interactive Process. The City will engage in the interactive process, as defined by the FEHA and ADA, to determine whether an applicant or employee is able to perform the essential functions of their position. During this process, the City will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform. Such interactive process will include a meeting with the employee or applicant, the City, and, if necessary, the employee or applicant’s health care provider.

4. Case-by-Case Determination. The City determines, in its sole discretion, whether reasonable accommodations(s) can be made, and the type of reasonable accommodations(s) to provide. The City will not provide an accommodation that would pose an undue hardship upon the City or that is not required by law. The City will inform the employee or applicant of any decisions made under this section in writing.

5. Light or Modified Duty. During the interactive process, the City may approve, at its sole discretion and subject to availability, the employee to perform light or modified duty for a limited period of time.

6. Fitness for Duty Leave. While the City is engaged in the interactive process with an employee, the City may require that the employee be placed on a fitness for duty leave in accordance with Rule XII.N.

D. Religious Accommodation. The City will make reasonable accommodations to the known religious creed of an applicant during the hiring process and of an employee in the course of employment, unless doing so would impose an undue hardship on the City.

E. Lactation Accommodation. The City provides lactation accommodation to employees as required by law. For additional details, employees should refer to the City’s stand-alone Lactation Accommodation Administrative Policy.

RULE IV. CLASSIFICATION
A. Preparation of Plan. The Personnel Officer shall ascertain and record the duties, responsibilities, minimum standards, and minimum qualifications of all positions in the City and shall recommend a classification/compensation plan for all positions.

The classification/compensation plan need not be contained in only one document, but may be comprised of various documents. The classification/compensation plan shall consist of classes of positions defined by class specifications, including the title. The classification/compensation plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under similar working conditions to all positions in the same class. The 385
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classification/compensation plan will contain the general salary schedule and a general benefits schedule.

B. Adoption, Amendment and Revision of Plan. The classification/compensation plan shall be adopted by and may be amended from time to time by resolution of the City Council. At the time of consideration by the City Council, any interested party may appear and be heard. Revisions to the classification/compensation plan may consist of the addition, abolishment, consolidation, division, or amendment of existing classes.

C. Allocation of Positions. Following the adoption of the classification/compensation plan, the Personnel Officer shall allocate every position in the employ of the City to one of the classes established by the plan.

D. New Positions. A new position shall not be created and filled until the classification/compensation plan has been amended to provide for such position.

E. Job Descriptions. The Administrative Services Director, in consultation with Department Heads, will prepare written specifications for each classification of positions to the City Manager for review. Subject to City Council approval, the specifications, when approved by the City Manager, will constitute the official classification specifications and will indicate the date of approval or last revision.

Each specification will include the classification title, a brief description of the scope, nature, and responsibility of the class, a description of the tasks or duties ordinarily performed in the positions allocated to the classification; a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, training, knowledge, skills, physical characteristics, and any additional factors considered pertinent. Specifications are not restrictive. The specifications, shall not be construed as an all-inclusive list of tasks performed; or be interpreted as restricting the assignment of related tasks not specifically listed therein; or as limiting the authority of supervisory personnel to assign, direct and control the work of subordinate employees. A Department Head may temporarily assign other related duties and responsibilities or otherwise direct the work of employees.

F. Reclassification. Positions, the assigned duties of which have been materially changed by the City so as to necessitate reclassification, whether new or already created, shall be allocated by the Personnel Officer to a more appropriate class.

Reclassifications shall not be used for the purpose of avoiding restrictions 386
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concerning demotions and promotions, or to effect a change in salary in the absence of a significant change in assigned duties and responsibilities.

RULE V. COMPENSATION
A. Salary on Appointment.

1. New Employees. New employees shall be paid at the first step of the salary range for the position to which the employee is appointed except as approved by the City Manager or their designee.

2. Advanced Step Hiring. The City Manager may appoint a new employee to an advanced step of the pay range if it is determined that qualified applicants cannot be successfully recruited at the first step of the salary range.

3. Reemployment/Reinstatement. A person who previously held a position with the City and resigned in good standing may, at the discretion of the City Manager, when re-employed in the same or a comparable position held at separation, be appointed at the same salary rate which was paid at the effective date of the person's termination or the nearest lower applicable step for the range to which the person is appointed.

B. Salary Anniversary Dates. Employees shall have a salary anniversary date on the date of their most recent appointment, promotion, demotion, reinstatement or reemployment. The salary anniversary date may be modified by the action of the appointing authority under Rule X.H.

C. Increases Within Salary Range. Employees will normally become eligible for a merit adjustment in pay after 12 months of service. Increases shall not be automatic, and are based on merit. The adjustment shall be made only if recommended by the applicable Department Head, and, if approved, by the City Manager. The subsequent adjustments are based on performance evaluation, to encourage an employee to perform at the employee’s highest level, and to recognize increased skill on the job. Employees are normally eligible for these adjustments any time after the completion of 12 months of service. This period may be modified in conjunction with the performance evaluation recommendations and as approved by the City Manager. Unless so modified, a granted merit adjustment will be effective on the employee’s salary anniversary date. The City Manager, in their sole discretion, may determine that an increase within range will be retroactive in effect to the employee’s salary anniversary date or to another appropriate date.

D. Salary Upon Promotion. Except in instances where the granting of a full step increase would result in a salary in excess of the top step of the range, any employee who is promoted to a position in a class with a higher salary range shall be placed on the step in the new higher range which is at least equal to an advancement of a full step over the step the employee held in their former range. If the maximum of the range would be exceeded by such advancement, the 387
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employee shall receive the top step of the range. An employee thus promoted is assigned to a new salary anniversary date effective on the date of promotion.

E. Salary Upon Transfer. Any employee who is transferred from one position to another position in the same class, or to another position in a class having the same salary range, shall be compensated at the same step of the salary range as the employee previously received and their salary anniversary date shall not change.

F. Salary on Change in Range Assignment. Whenever a class is reassigned to either a higher or lower salary range by the Council, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the salary position in the new range that corresponds to the salary the employee was receiving in the former range and the employee shall retain the same salary anniversary date.

G. Salary on Reallocation of Position. If the position is reallocated to a class having the same salary range, the salary and the salary anniversary date of the incumbent shall not change. If the position is reallocated to a class which has a higher salary range, the City Manager shall adjust the salary of the incumbent employee to fit the higher salary range which is at least as much as the employee was receiving in the former range and the employee shall retain the same salary anniversary date. If the position is reallocated to a class with a lower salary range, and the employee's salary exceeds the top step of the class to which their position is reallocated, their salary shall not change until it is exceeded by the top step of the class. The employee's salary anniversary date shall not change.

H. Salary on Demotion. Any employee who is demoted to a position in a class with a lower salary range shall have their salary adjusted by one the following three methods:

1. If a disciplinary demotion, the employee's salary may be reduced. A new salary anniversary date shall be established on the basis of the demotion.

2. If a non-disciplinary demotion, the employee's salary may be reduced. The employee shall retain their salary anniversary date.

3. In the discretion of the Personnel Officer, a demoted employee's salary may be y-rated. A y-rated salary is one that is paid above the maximum established salary range for the incumbent's classification. An employee whose salary is y-rated will retain their current rate of pay until such time that the class has a higher maximum salary rate.

I. Acting Pay. An employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which the employee is normally assigned, shall receive the entrance salary rate of the higher salary range or one rate higher than the rate the employee normally receives, whichever is greater, provided the employee shall perform all the duties and 388
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assume all the responsibilities of the higher class, and only after the employee has served for 10 consecutive working days in the higher classification.

J. Bilingual Pay. Employees in certain classifications, as determined at the City’s sole discretion, may be eligible to receive $100.00 per month as bilingual pay premium.

To receive the bilingual pay premium, an employee in one of the foregoing classifications shall successfully complete a language proficiency examination, selected at the City’s sole discretion. Upon successfully completing such proficiency examination, the eligible employee shall receive the bilingual pay premium effective on the following pay period.

The City, at its sole discretion, shall determine which languages qualify for bilingual premium pay.

K. Special Salary Adjustments. Notwithstanding anything in these Rules to the contrary, in order to correct gross inequities, or to reward outstanding achievement and performance, the City Manager may adjust the salary rate of an incumbent of a particular position to any step within the salary range for the class to which the position is allocated.

L. Cost of Living Adjustment. Effective July 1, 2024, City Council, at its sole discretion, will consider providing a Cost of Living Adjustment (“COLA”) to all employees on annual basis during its regularly scheduled meeting in July of each year. City Council will review the published Riverside-San Bernardino-Ontario, CA, Consumer Price Index – U 12-month percent changes on all items for the month of May to consider potential COLA adjustments. Except as otherwise supported by justifiable findings, including the City’s budgetary status, such COLA shall be capped at 3% as approved by City Council.

M. Pay Periods. The salaries and wages of all employees shall be paid bi-weekly. In the event a payday falls on one of the holidays listed in these Rules, or on a Saturday or Sunday, the immediately previous working day shall become the payday.

N. Severance Upon Termination. Upon termination without cause, employees who are either in the Executive Classification, or are Department Heads, shall receive severance payment, upon execution of a waiver and release of all claims acceptable to the City,, equivalent to 90 days of their base salary.

However, in no event shall the total cash value of the Severance Pay exceed the value of the employee’s monthly salary multiplied by eighteen (18), or multiplied by the month’s remaining in employee’s term, whichever is less.

1. Reimbursement Upon Conviction of Abuse of Office. In the event any employee is convicted of any crime involving an abuse of the employee’s office or position, as defined by California Government Code Section 389
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53243.4, the employee is not entitled to receive Severance Pay, and must reimburse the City for any Severance Pay received.

2. Effect of Termination for Cause. If an executive employee or a Department Head is terminated for cause, they shall not be entitled to receive severance pay. Cause for termination shall be deemed to exist if any of the following occurs:
a. The employee is formally charged by a prosecuting agency with any of the following criminal conduct: theft or attempted theft from the City; fraud or other type of criminal dishonesty; misuse or misappropriation of public funds; assault, battery or other criminal physical injury to another person; any felony; solicitation, prostitution, or other sexually oriented crime; or for violating Government Code §§ 1090 et seq. and/or § 53243.4;
b. The employee is fined by the Fair Political Practices Commission for a violation of the Political Reform Act or FPPC Regulation in an amount in excess of one thousand five hundred dollars ($1,500); c. an independent investigation sustains that the employee engaged in unlawful discrimination or harassment of an official, officer, employee or agent of City or a third party while conducting City business or violated any provisions of the City’s Municipal Code;
d. unauthorized absence or leave ; use or possession of illegal drugs e. material acts of dishonesty;
f. persistent failure to disclose material information regarding the business or operation of the City necessary for the City Council to undertake its obligation as the elected legislative body of the City; g. material failure to follow clear and legal directives of a majority of City Council provided in a duly noticed public meeting, including closed session; or
h. Any other violation of these Rules, including a violation of a listed cause for discipline under Section XVI of these Rules, or other City personnel policies or procedures.

RULE VI. APPLICATIONS, RECRUITMENT AND EXAMINATIONS
A. Vacancies. Except for the City Manager, Department Heads, Assistant City Manager, Deputy City Manager, and/or Assistant to the City Manager positions, vacant positions may be filled only by selection from an eligibility list, by acting appointment, provisional appointment, by transfer, by reinstatement, or by demotion. Each Department Head is entitled to select a candidate to fill a vacancy 390
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Wildomar City CouncilNovember 8, 2023

Wildomar City Council
November 8, 2023