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2020/04/27 New Hub Properties, LLC Amendment No. 7 to Agreement between New Hub Properties, LLC and the City of Menifee for Commercial Lease of Premises at 29714 Haun Road, Menifee CA 92586* Please attached a second page for additional information to support this agreement. CITY OF MENIFEE Agreement/contract coversheet DATE: April 21, 2020 TO: Armando G. Villa, City Manager CC: Agreement Routed to City Attorney: 4/20/2020 (Via email, attached) Insurance Requirements: General Liability (N/A) Automobile Liability (N/A) Worker’s Compensation (N/A) FROM: Margarita Cornejo, Financial Services Manager SUBJECT: Amendment No. 7 to the Rental/Lease Agreement between the City of Menifee and New Hub Properties, LLC for Final Tenant Improvements (Menifee PD HQ (29714 Haun Road, Menifee CA)) IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY? Yes – Purchase of Commodities under $50,000 Professional Services under $25,000 Change Order under $25,000 or less than 10% of original contract (supplies, equipment, services or construction contracts) Public Works Contract for $45,000 or less No – City Council authorized City Manager to sign (Council action attached) City Manager was pre-authorized by Council at November 2018 meeting to sign all agreements related to the Police Deparment for purposes of meeting the formation of the deparment’s tight schedule (SEE ATTACHED STAFF REPORT) WHY IS THIS AGREEMENT/CONTRACT NEEDED? Amendment No. 7 to the existing lease agreement between the City of Menifee and New Hub Properties, LLC shall provide for all necessary final tenant improvements for the Menifee Police Department Headquarters located at 29714 Haun Road, Menifee, CA 92586 WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT? The term of the agreement cover the period of October 1, 2018 through March 31, 2024 (including actual lease of property) WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? $118,501.04 (Not-to-Exceed Amount) Amendment No.7 (Tenant Improvements Only). Including Amendment No. 7, the total Tenant Improvements cost for the Menifee PD HQ site is $1,056,045.59. HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON? Department Date Initials Pat Walsh, Police Chief Wendy Preece, Deputy Finance Director Rochelle Clayton, Deputy City Manager Jeffrey T. Melching, City Attorney Sarah A. Manwaring, City Clerk DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C 4/21/2020 4/21/2020 4/23/2020 4/23/2020 4/27/2020 2 N/A. Lease agreement negotiated, tenant improvements are part of the necessary retrofit required to function as Menifee PD Headquarters Project. Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City $5,000 - $49,000 – Three Written Quotes Yes Over $50,000 – Competitive Bidding and Formal Proposals Public Works Projects Professional Services Under $45,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager $45,000 - $174,999 – Informal Bidding Process over $25,000 – City Council Approval Over $175,000 – Formal Bidding Required WHERE ARE THE FUNDS COMING FROM? Funding is coming from the approved FY 2019/20 Menifee Police Department Budget for Fiscal Year 2019/20, specifically within the designated CIP project funds (CIP 19-18) WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? $13,057 from Account #105-4911-58090 $105,444.04 from Account #100-4911-58090 IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? Yes, as of 4/21/2020 Account #105-4911-58090 (Menifee Police Headquarters) has a balance of $13,057 and Account #100-4911-58090 will have a balance of 118,502 pending Budget Adjustment approved 4/21/2021 (see attached Eden Report). DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C AMENDMENT NO. 7 TO AGREEMENT BETWEEN NEW HUB PROPERTIES, LLC AND THE CITY OF MENIFEE FOR COMMERCIAL LEASE OF PREMISES AT 29714 HAUN ROAD, MENIFEE CA 92586 This is Amendment No. 7 to that certain AGREEMENT for Commercial Lease Agreement (“Agreement”) made on October 1, 2018 by and between the City of Menifee (“City”) and NEW HUB PROPERTIES, LLC (“Landlord”) for lease of premises at 29714 Haun Road, Menifee CA 92586 which Amendment is made and entered into on _______________, 2020, to include Menifee Police Department Headquarters Tenant Improvements to the Agreement as indicated below: 1. Exhibit C, Menifee Police Department Headquarters Tenant Improvements is incorporated into the lease to include necessary tenant improvements for the Police Headquarters Facility included within the attachment hereto labeled as “Exhibit C: Menifee Police Department Headquarters Tenant Improvements (Amendment No. 7)”. 2. All other terms and conditions of the Agreement remain in full force and effect. DocuSign Envelope ID: 7FAD96F7-C56F-4AC0-9CC8-419A966C4381DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C April 27, 2020 Professional Services Amendment No. 7 with New Hub Properties, LLC 2 of 2 CITY OF MENIFEE LANDLORD _______________________________ _______________________________ Armando G. Villa, City Manager Lynette Gibson Attest: ________________________________ _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: 7FAD96F7-C56F-4AC0-9CC8-419A966C4381DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C Professional Services Amendment No. 7 with New Hub Properties, LLC 2 of 2 Exhibit C: Menifee Police Department Headquarters Tenant Improvements (Amendment No. 7) This amendment only includes the Tenant Improvements through 4/30/2020 as specifically listed below. Any additional improvements not explicitly listed below but required to be completed would be addressed in separate/subsequent contract amendments. Tenant Improvements Description Amount ($) BAL. BLDG A INCL. EXTRAS $2,536.85 $4,342.18 MATERIAL RIEMBURSEMENT 1,674.29 WAGES THRU 12/30 SEE HOURS PAGE 8,364.12 JORDAN COLLOM AND JARED COLLOM 5,811.74 GRANITE TOPS 3,726.00 FINAL PMT 2020-01012020 12,506.25 RIEMB HANKS 11/4/19-12/12/19 788.87 CAPITOL ONE RIEMB 7/17/19-12/16/19 7,016.67 CHAD UBERSETZIG - COFFEE CABINET 920.00 #8871 RETENTIONS 10,210.85 MIRRORED GLASS BLDG B 1,341.87 BALANCE OF BALISTIC GLASS 28,696.36 BUILDING A PATCH AND REPAIR BAL. 19,414.00 WAGES FROM 1/1/20 TO DATE EST. 4,600.00 BUILDING B WAREHOUSE 5,849.00 CAPITOL ONE RIEMB 12/17/19-1/16/20 2,039.42 CAPITOL ONE RIEMB 1/17/20-2/16/20 625.83 CAPITOL ONE RIEMB MISSING MISC. 573.59 TOTAL: $118,501.04 DocuSign Envelope ID: 7FAD96F7-C56F-4AC0-9CC8-419A966C4381DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C From:Margarita Cornejo To:Jeffery T. Melching Subject:Agreement Review Request: New Hub Properties (Amendment No. 7) Date:Monday, April 20, 2020 5:16:00 PM Attachments:image005.png image006.png image007.png 1920 CM- LEASE AGREEMENT Amendment No. 7 (New Hub Properties).docx 2018-11-07 CC Regular Agenda Packet (PD Staff Report).pdf Importance:High Hi Jeff, Attached for your review is proposed Amendment No. 7 to the existing lease agreement with New Hub Properties for the 29714 Haun Road, Menifee CA 92586 (former City Hall, new Police Headquarters facility). The purpose of the amendment is to accommodate to adding tenant improvements (design plans) needed to cover retrofit the site to accommodate the police department. This request is from the Menifee Police Department (City). This is part of the Menifee PD start-up efforts, whereby the City Manager was authorized as the 11/7/2018 meeting to execute any related agreements necessary to move forward with this effort. Can you please advise if this is ok to route for signatures, or requires any additions/changes? Thank you again! Margarita Cornejo | Financial Services Manager Finance Department City of Menifee | 29844 Haun Road | Menifee, CA 92586 (*Please note our new location!) Direct: (951) 723-3716 | City Hall: (951) 672-6777 | Fax: (951) 679-3843 mcornejo@cityofmenifee.us Connect with us on social media: | | | DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C 04/21/2020City of Menifee1 9:20AMPage:expstat.rptExpenditure Status Report7/1/2019 through 6/30/2020Periods: 0 through 14General Fund100*** Title Not Found ***4000Prct UsedBalanceYear-to-date EncumbrancesYear-to-date ExpendituresExpendituresAdjustedAppropriationAccount Number100-4911 Menifee Police Department100-4911-50000 *** Title Not Found ***6,500.00 0.00 0.00 99.14100-4911-51350 Software Licensing/Annual Maint.6,444.00 56.0030,000.00 0.00 0.00 77.38100-4911-51500 Small Tools/Field Equipment23,213.34 6,786.66126,500.00 3,954.22 3,954.22 66.66100-4911-51501 Materials and Supplies80,372.20 42,173.5828,000.00 26,900.00 26,900.00 96.07100-4911-51720 Marketing0.00 1,100.004,750.00 2,556.90 2,556.90 53.83100-4911-52039 Mobile Devices0.00 2,193.1055,093.00 0.00 0.00 0.00100-4911-52040 Telephone0.00 55,093.0030,000.00 10,644.40 10,644.40 35.48100-4911-52041 Utilities-Electricity0.00 19,355.60400.00 271.71 271.71 67.93100-4911-52042 Utilities-Gas0.00 128.293,500.00 2,152.84 2,152.84 61.51100-4911-52043 Utilities-Water0.00 1,347.16386,215.00 321,811.60 321,811.60 83.32100-4911-52060 Building Leases0.00 64,403.40436,390.00 40,345.94 40,345.94 50.48100-4911-52100 New Hire Screenings/Testings179,937.69 216,106.3780,000.00 2,544.65 2,544.65 38.62100-4911-52211 Training28,347.40 49,107.95118,783.00 23,862.08 23,862.08 20.09100-4911-52400 Uniforms0.00 94,920.921,080,120.00 0.00 0.00 92.14100-4911-52750 Dispatch Services995,185.82 84,934.18173,180.00 82,798.16 82,798.16 93.93100-4911-52751 Protective Devices & Accessories79,865.97 10,515.8720,000.00 0.00 0.00 88.56100-4911-52752 Property/Evidence/Forensics17,711.47 2,288.53394,000.00 0.00 0.00 0.00100-4911-52800 Professional Services0.00 394,000.00697,380.00 602,064.34 602,064.34 94.24100-4911-53150 Furniture & Equipment55,144.61 40,171.05378,703.00 378,703.00 378,703.00 100.00100-4911-59005 Operating Transfer Out - IT Support0.00 0.008,666.00 8,666.00 8,666.00 100.00100-4911-59010 Operating Transfers Out - Fleet Support0.00 0.0046,239.00 46,239.00 46,239.00 100.00100-4911-59011 Operating Transfers Out - Facility Supp.0.00 0.00Total *** Title Not Found ***4,104,419.00 1,553,514.84 1,553,514.84 1,466,222.50 1,084,681.66 73.57Total Menifee Police Department4,104,419.00 1,553,514.84 1,553,514.84 1,466,222.50 1,084,681.66 73.57Total General Fund4,104,419.00 1,553,514.84 1,553,514.84 1,466,222.50 1,084,681.66 73.571Page:DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C 04/21/2020City of Menifee2 9:20AMPage:expstat.rptExpenditure Status Report7/1/2019 through 6/30/2020Periods: 0 through 14Measure DD Transaction Tax Fund105*** Title Not Found ***4000Prct UsedBalanceYear-to-date EncumbrancesYear-to-date ExpendituresExpendituresAdjustedAppropriationAccount Number105-4911 Menifee Police Department105-4911-50000 *** Title Not Found ***1,998,176.00 489,720.30 489,720.30 24.51105-4911-50100 Salaries0.00 1,508,455.703,000.00 3,000.00 3,000.00 100.00105-4911-50152 Relocation Expense Reimb.0.00 0.0011,772.00 6,836.40 6,836.40 58.07105-4911-50154 Other Benefits0.00 4,935.601,000.00 229.22 229.22 22.92105-4911-50200 Overtime0.00 770.780.00 772.21 772.21 0.00105-4911-50220 Part Time0.00 -772.21667.00 0.00 0.00 0.00105-4911-50230 Education Reimbursement0.00 667.00380,695.00 51,551.27 51,551.27 13.54105-4911-50300 PERS Retirement0.00 329,143.730.00 47.88 47.88 0.00105-4911-50310 Social Security0.00 -47.8831,041.00 7,270.54 7,270.54 23.42105-4911-50320 Medicare0.00 23,770.46145,575.00 48,290.98 48,290.98 33.17105-4911-50400 Section 125 Benefit Plan0.00 97,284.028,500.00 2,360.23 2,360.23 27.77105-4911-51010 Office Supplies0.00 6,139.771,000.00 0.00 0.00 0.00105-4911-51200 Postage0.00 1,000.003,000.00 836.04 836.04 27.87105-4911-51300 Printing & Duplication0.00 2,163.964,000.00 0.00 0.00 0.00105-4911-51352 Computer Software0.00 4,000.008,000.00 1,013.38 1,013.38 12.67105-4911-51500 Small Tools/Field Equipment0.00 6,986.622,750.00 2,713.88 2,713.88 98.69105-4911-51600 Special Dept Exp0.00 36.12500.00 0.00 0.00 0.00105-4911-52050 Facilities Maintenance0.00 500.0017,187.00 0.00 0.00 100.00105-4911-52060 Building Leases17,187.00 0.001,500.00 350.00 350.00 23.33105-4911-52200 Membership & Dues0.00 1,150.0015,000.00 3,690.97 3,690.97 24.61105-4911-52210 Travel/Conf/Mtgs/Mileage0.00 11,309.030.00 -1,600.00 -1,600.00 0.00105-4911-52211 Training0.00 1,600.005,000.00 0.00 0.00 42.69105-4911-52502 Leased Equipment2,134.66 2,865.34531,501.00 45,914.86 45,914.86 100.00105-4911-52750 Dispatch Services485,586.14 0.0015,000.00 585.00 585.00 18.27105-4911-52752 Property/Evidence/Forensics2,155.65 12,259.35110,208.75 88,879.99 88,879.99 89.51105-4911-52800 Professional Services9,762.88 11,565.8810,000.00 0.00 0.00 0.00105-4911-52819 Extra Duty0.00 10,000.002,481,323.91 970,740.52 970,740.52 96.79105-4911-53155 Capital Outlays1,431,006.99 79,576.4013,057.00 0.00 0.00 0.00105-4911-58090 Menifee Police Headquarters0.00 13,057.00Total Measure DD Transaction Tax Fund5,799,453.66 1,723,203.67 1,723,203.67 1,947,833.32 2,128,416.67 63.302Page:DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C 04/21/2020City of Menifee3 9:20AMPage:expstat.rptExpenditure Status Report7/1/2019 through 6/30/2020Periods: 0 through 14Grand Total9,903,872.66 3,276,718.51 3,276,718.51 67.563,414,055.82 3,213,098.333Page:DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C CITY OF MENIFEE SUBJECT: Formation of Menifee Police Department MEETING DATE: November 7, 2018 TO: Mayor and City Council PREPARED BY: Jeffrey Melching, City Attorney REVIEWED BY: Jeff Wyman, Assistant City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Approve a resolution of the City Council of the City of Menifee directing and authorizing formation of the Menifee Police Department and directing the City Manager to immediately implement that direction. DISCUSSION At its October 18, 2018 Special Meeting/Workshop the City Council directed staff to add an item for discussion and consideration on the formation of a municipal police department for the City of Menifee (“Menifee PD”) to the next City Council agenda. The staff report and attachment materials from the October 18, 2018 meeting are provided as Attachment 1. A copy of the PowerPoint presentation from that meeting is provided as Attachment 2. In response to the City Council’s direction, City staff has prepared a resolution (Attachment 3) that directs the formation of the Menifee PD, and provides authorizations to engage in multiple work-efforts necessary to implement that direction. More specifically, the resolution: 1. states the City’s intent to form the Menifee PD; 2. directs the delivery, at the appropriate time, of a notice of intent to terminate the City’s current law enforcement services agreement with the County of Riverside; 3. provides for the immediate recruitment and hiring of a Police Chief; 4. directs the immediate development of a budget, with identified funding sources for the formation of the Menifee PD, which will be returned to the Menifee City Council for approval; 5. directs staff to commence and expeditiously complete necessary: 12.1 Packet Pg. 503 DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C City of Menifee Staff Report Formation of Menifee Police Department November 7, 2018 Page 2 of 7 a. municipal code amendments, b. real estate negotiations for space for the Menifee PD, c. acquisition of operating equipment for the Menifee PD, d. negotiation of contracts to ensure smooth operation of the Menifee PD (including, for example, negotiations with the City of Murrieta for a j oint dispatch operation), e. securing of insurance and other risk management arrangements to insulate the City from liabilities from the operation of the Menifee PD, and f. formation of appropriate personnel rules, regulations, policies and procedures for the Menifee PD. 6. provides general direction to the City Manager to take all steps necessary to facilitate the expeditious formation of the Menifee PD; and 7. provides a broad authorization to the City Manager to enter into contracts, leases, and other instruments necessary to implement the City Council’s direction. A summary of the background leading up to the preparation of the resolution is provided below, followed by a discussion of each of the implementing steps authorized in the resolution. BACKGROUND Since its incorporation in 2008, the City has contracted with the County of Riverside for law enforcement services. The most recent iteration of that contract was entered into on July 1, 2017, and is set to expire on June 30, 2022 (Attachment 4). The contract provides, however, that the City may terminate the agreement upon notice in writing of not less than twelve (12) months. The Riverside County Sheriffs have provided exemplary services under that contract, but the City has become increasingly concerned over the cost for those services. By way of example, the law enforcement patrol cost per hour in fiscal year 2013-14 was $139.29, while law enforcement patrol costs in the current fiscal year are budgeted at $192.23 per hour. Such costs are forecasted at $209.53 per hour during the next fiscal year. The overall cost of law enforcement services has consistently increased too. Overall law enforcement costs to the City in fiscal year 2013-14 were $9,668,131, while law enforcement costs for the current fiscal year are budgeted at $17,135,207. Such costs are forecasted at $19,186,508 during the next fiscal year. There is no reason to believe that the growth in these costs will abate. To the contrary, law enforcement costs are forecasted to increase at a rate of six and one half percent (6.5%) per year for the foreseeable future. In addition to those year-over-year increases, the County of Riverside intends to transfer additional costs for services (costs that were previously absorbed 12.1 Packet Pg. 504 DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C City of Menifee Staff Report Formation of Menifee Police Department November 7, 2018 Page 3 of 7 by the County) to contract cities such as Menifee. That shift will result in an additional increase in costs of two and one half percent per year (2.5%) over the next three years (7.5% total). These costs are unsustainable for the City with overall law enforcement costs estimated at more than $25.5 million by fiscal year 2023-24. ANALYSIS OF ALTERNATIVE SERVICE MODELS FOR LAW ENFORCEMENT To address this issue, and to remedy the City’s inability to control costs through its existing contract with the County of Riverside, since early 2017 the City has been examining alternative law enforcement service delivery models. Through that examination, the City also sought to improve response times; increase patrol presence in Menifee; and improve local control over the provision of police services. The City’s process for evaluating this issue involved two fundamental components: analysis and outreach. From an analysis standpoint, the City engaged the services of an outside consultant to conduct research and prepare a feasibility study (“Feasibility Study”) which is provided as Attachment 5. That consultant solicited data, input, and advice from the Riverside County Sheriff’s Department management, current and retired police chiefs, police personnel of all levels, city managers in cities that currently have municipal police departments, and administrative and finance staff from the City of Menifee. The goal of the Feasibility Study was to determine whether the City could provide equal or improved police services at a lower cost than under the law enforcement services contract it currently holds with the County of Riverside. Put another way, the City sought to determine whether it could provide critical public safety services in a more financially prudent manner. From an outreach standpoint, the City has conducted multiple public meetings to discuss the pros and cons of the formation of a Menifee PD. Those meetings included discussions during regular City Council meetings in 2017, during a strategic visioning workshop, during the City Council’s budget workshop, and most recently at the October 18, 2018 City Council special meeting/workshop. All of these meetings were designed to solicit public input and allow for open and transparent consideration of the City’s options. Through the analysis and outreach process, the following conclusions emerged. First, the City can create a stand-alone police department at a lower estimated cost than would be provided under the current contract with the County of Riverside. Even with an estimat ed start-up cost of $5.3 million, the City will be operating in a net fiscal positive position (i.e, its operational savings will be more than the $5.3 million in start-up costs) within two years. Those operational savings are forecasted to grow to almost $9M per year by fiscal year 2023-24. The following graphic illustrates the forecasted savings: 12.1 Packet Pg. 505 DocuSign Envelope ID: 678512D2-133E-4CCC-B76A-0F940D801D4C