2021-08-04 City Council Regular MEETING - Agenda PacketCity Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District
2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 4, 2021
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
PUBLIC MEETINGS ARE NOW OPEN TO THE PUBLIC AT FULL CAPACITY.
Public comments are now being heard inperson. Please fill out a speaker request slip and submit to the City Clerk.
WATCHING LIVE VIA YOUTUBE:To watch the meeting live please visit the City’s webpage at https://cityofmenifee.us/agendas and
click on the YouTube icon () to the right of the specific meeting date. Please note the YouTube icon will only appear once the
meeting has started.
REGULAR MEETING (6:00 PM)
1.CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1.Dr. Edward Paul Gervais, Minister – New Thought Christian
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS – NONE
6.AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the
agenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendized
matters at the time such comments are made. Each speaker will be limited to three minutes on any
single item. Please fill out a speaker request slip and submit to the City Clerk.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 21, 2021 City Council Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember
requests a separate action on a specific item on the Consent Calendar. If an item is removed from the
Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and
provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 7/16/2021, the Payroll
Register/Other EFT’s dated 7/06/2021, 7/08/2021, and 7/09/2021, which have a
total budgetary impact of $3,719,558.59.
10.3 Agreement for Menifee Redistricting 2021/22 Process
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute a
Professional Services Agreement with Bear Demographics & Research in an
amount nottoexceed $64,000 for City of Menifee fiscal year 2021/22
redistricting project.
10.4 Agreement with County of Riverside for Space Use and Provision of County's
Workforce Development Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Memorandum of
Understanding with the County of Riverside for Space Use (Kay Ceniceros
Senior Center) and Provision of County's Workforce Development Services at
the Temporary Menifee Employment Center.
10.5 Agreement with JPW Communications, LLC for Menifee Matters Magazine
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute a
professional services agreement with JPW Communications, LLC in an
amount nottoexceed $49,700 for fiscal year 2021/22 Menifee Matters
development and publication services.
10.6 Agreement with Pinnacle Training Systems for Wellness Program for Police
Department
RECOMMENDED ACTION
1. Approve and authorize City Manager to execute professional services
agreement in an amount not to exceed $60,126.10 with Pinnacle Training
Systems for Menifee Police Department Wellness Program for fiscal years
2020/21 and 2021/22; and
2. Authorize City Manager to execute three (3) additional one year amendments,
at the City’s discretion, in the nottoexceed annual amount of $43,000 per year.
10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
RECOMMENDED ACTION
1. Update the Fiscal Year 2021/22 Capital Improvement Program (CIP) to include
CIP No. 2205: Council Chambers Audio Visual (AV) Improvements; and
2. Approve and authorize the City Manager to execute a Professional Services
Agreement with Pacific West Sound in the nottoexceed amount of
$139,483.89 for Menifee City Hall Council Chamber Audio Visual (AV)
Improvements; and
3. Approve the purchase of an AV switcher from TV Pro Gear/IPTV International,
Inc. and authorize the Finance Department to issue a Purchase Order (PO) in
the nottoexceed amount of $49,995.00, including taxes.
10.8 Vehicle Leases for Community Services Maintenance Division
RECOMMENDED ACTION
1. Approve and authorize the City Manager to replace the previously approved
lease quotes and sign new Enterprise Lease Quotes for two vehicles in the not
toexceed amount of $1,500 per month and subsequently execute the Vehicle
Lease Agreement with Enterprise Fleet Management to secure vehicles for the
use by the Community Services Department effective August 1, 2021; and
2. Authorize the City Manager to sign replacement quotes for two vehicles in an
amount nottoexceed $1,500 per month in the event the vehicles specified in
the staff report are unavailable; and
3. Allow the purchase to be made under the cooperative purchasing (piggyback)
agreement under Sourcewell Contract #060618EFM, thereby exempting the
purchase under the competitive bidding process.
10.9 Permanent Local Housing Allocation Grant Program
RECOMMENDED ACTION
1. Accept the 2020 Permanent Local Housing Allocation (PLHA) grant funds from
the California Department of Housing and Community Development (HCD) in
the amount of $251,604 for the Menifee First Time Homebuyer's Down
Payment Assistance Program; and
2. Authorize the City Manager to execute all necessary agreements,
amendments, and related documents to receive the 2020 PHLA grant funds;
and
3. Adopt a Budget Adjustment Resolution authorizing an increase in revenue and
appropriation of expenditures in the amount of $251,604 to accounts identified
by the Finance Department.
10.10 Agreements for Freedom Business Park
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Developer
Reimbursement Agreement between the City of Menifee and Oak Properties,
Inc. related to the Freedom Business Park Project, located along the east side
of Haun Road, north of Scott Road, for CEQA Technical Study Peer Reviews
and Initial Study/Mitigated Negative Declaration; and
2. Adopt a Budget Amendment Resolution appropriating $53,169 from available
fund balance to Account #100433052825 (Professional Services
(Recoverable)); and
3. Approve and authorize the City Manager to execute a Professional Services
Agreement with LSA Associates, Inc. in the amount of $48,335, with a 10%
contingency amount of $4,833.50 for a total nottoexceed amount of
$53,168.50, for CEQA Technical Study Peer Reviews of Environmental Studies
and Initial Study/Mitigated Negative Declaration for the Freedom Business Park
Project.
10.11 CalRecycle Grants Application Submittal Authorization
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute all
necessary agreements and other grantrelated documents thereof to the
Department of Resources, Recycling, and Recovery (CalRecycle); and
2. Adopt a Resolution authorizing the City of Menifee to submit applications for
eligible CalRecycle Grants.
10.12 Agreement Amendment No. 1 for TR Design Group, Inc. for Fire Station No. 68
Interior Improvements, Capital Improvement Project (CIP) No. 2103
RECOMMENDED ACTION
1. Approve Amendment No. 1 to Professional Services Agreement with TR
Design Group, Inc. for the Fire Station No. 68 Interior Improvements, CIP 2103,
providing funding for additional services in the amount of $29,448.25; and
2. Authorize the City Manager to execute Amendment No. 1 to Professional
Services Agreement with TR Design Group, Inc.
10.13 Final Map and Agreements for Tract Map 36852, Del Oro Development by DR Horton
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Security Agreements for
Onsite Streets, Water and Sewer Systems to guarantee completion of required
improvements associated with Tract 36852, located at the southwest corner of
Holland Road and Palomar Road; and
2. Approve and authorize the City Manager to execute the Security Agreements for
Offsite Streets, Drainage, Water and Sewer Systems to guarantee completion
of required improvements associated with Tract 36852; and
3. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 36852; and
4. Approve and authorize filing of the final map for Tract 36852.
10.14 Final Map and Agreements for Tract Map 298353, KB Home Coastal Inc.
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Security Agreement for
Street Improvements to guarantee completion of required improvements for IP
19003 associated with Tract 298353, located at Antelope Road and Rouse
Road; and
2. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 298353; and
3. Approve and Authorize Filing of the Final Map for Tract 298353, KB Home
Coastal Inc.
11. PUBLIC HEARING ITEMS – NONE
12. DISCUSSION ITEMS
12.1 Public, Educational, and Governmental Access Channel Updates and Partnerships
RECOMMENDED ACTION
1. Authorize staff to engage in the further development of a public, educational,
and governmental (PEG) access channel programming partnership with Mt.
San Jacinto College, and
2. Authorize staff to engage in the further development of a PEG access channel
programming partnership with the County of Riverside, and
3. Authorize staff to initiate measures to create a City of Menifee governmental
access channel.
12.2 Public Safety Reporting
RECOMMENDED ACTION
1. Review the Public Safety reporting background and evolution; and
2. Define the purpose and intent of Public Safety reporting; and
3. Provide direction regarding reporting Public Safety items.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: August 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: August 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: August 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: August 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 4,2021
Page 1 of 385
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 4, 20216:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkPUBLIC MEETINGS ARE NOW OPEN TO THE PUBLIC AT FULL CAPACITY.Public comments are now being heard inperson. Please fill out a speaker request slip and submit to the City Clerk.WATCHING LIVE VIA YOUTUBE:To watch the meeting live please visit the City’s webpage at https://cityofmenifee.us/agendas andclick on the YouTube icon () to the right of the specific meeting date. Please note the YouTube icon will only appear once themeeting has started.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1.Dr. Edward Paul Gervais, Minister – New Thought Christian 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS – NONE6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. Please fill out a speaker request slip and submit to the City Clerk. 8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 21, 2021 City Council Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember
requests a separate action on a specific item on the Consent Calendar. If an item is removed from the
Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and
provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 7/16/2021, the Payroll
Register/Other EFT’s dated 7/06/2021, 7/08/2021, and 7/09/2021, which have a
total budgetary impact of $3,719,558.59.
10.3 Agreement for Menifee Redistricting 2021/22 Process
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute a
Professional Services Agreement with Bear Demographics & Research in an
amount nottoexceed $64,000 for City of Menifee fiscal year 2021/22
redistricting project.
10.4 Agreement with County of Riverside for Space Use and Provision of County's
Workforce Development Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Memorandum of
Understanding with the County of Riverside for Space Use (Kay Ceniceros
Senior Center) and Provision of County's Workforce Development Services at
the Temporary Menifee Employment Center.
10.5 Agreement with JPW Communications, LLC for Menifee Matters Magazine
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute a
professional services agreement with JPW Communications, LLC in an
amount nottoexceed $49,700 for fiscal year 2021/22 Menifee Matters
development and publication services.
10.6 Agreement with Pinnacle Training Systems for Wellness Program for Police
Department
RECOMMENDED ACTION
1. Approve and authorize City Manager to execute professional services
agreement in an amount not to exceed $60,126.10 with Pinnacle Training
Systems for Menifee Police Department Wellness Program for fiscal years
2020/21 and 2021/22; and
2. Authorize City Manager to execute three (3) additional one year amendments,
at the City’s discretion, in the nottoexceed annual amount of $43,000 per year.
10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
RECOMMENDED ACTION
1. Update the Fiscal Year 2021/22 Capital Improvement Program (CIP) to include
CIP No. 2205: Council Chambers Audio Visual (AV) Improvements; and
2. Approve and authorize the City Manager to execute a Professional Services
Agreement with Pacific West Sound in the nottoexceed amount of
$139,483.89 for Menifee City Hall Council Chamber Audio Visual (AV)
Improvements; and
3. Approve the purchase of an AV switcher from TV Pro Gear/IPTV International,
Inc. and authorize the Finance Department to issue a Purchase Order (PO) in
the nottoexceed amount of $49,995.00, including taxes.
10.8 Vehicle Leases for Community Services Maintenance Division
RECOMMENDED ACTION
1. Approve and authorize the City Manager to replace the previously approved
lease quotes and sign new Enterprise Lease Quotes for two vehicles in the not
toexceed amount of $1,500 per month and subsequently execute the Vehicle
Lease Agreement with Enterprise Fleet Management to secure vehicles for the
use by the Community Services Department effective August 1, 2021; and
2. Authorize the City Manager to sign replacement quotes for two vehicles in an
amount nottoexceed $1,500 per month in the event the vehicles specified in
the staff report are unavailable; and
3. Allow the purchase to be made under the cooperative purchasing (piggyback)
agreement under Sourcewell Contract #060618EFM, thereby exempting the
purchase under the competitive bidding process.
10.9 Permanent Local Housing Allocation Grant Program
RECOMMENDED ACTION
1. Accept the 2020 Permanent Local Housing Allocation (PLHA) grant funds from
the California Department of Housing and Community Development (HCD) in
the amount of $251,604 for the Menifee First Time Homebuyer's Down
Payment Assistance Program; and
2. Authorize the City Manager to execute all necessary agreements,
amendments, and related documents to receive the 2020 PHLA grant funds;
and
3. Adopt a Budget Adjustment Resolution authorizing an increase in revenue and
appropriation of expenditures in the amount of $251,604 to accounts identified
by the Finance Department.
10.10 Agreements for Freedom Business Park
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Developer
Reimbursement Agreement between the City of Menifee and Oak Properties,
Inc. related to the Freedom Business Park Project, located along the east side
of Haun Road, north of Scott Road, for CEQA Technical Study Peer Reviews
and Initial Study/Mitigated Negative Declaration; and
2. Adopt a Budget Amendment Resolution appropriating $53,169 from available
fund balance to Account #100433052825 (Professional Services
(Recoverable)); and
3. Approve and authorize the City Manager to execute a Professional Services
Agreement with LSA Associates, Inc. in the amount of $48,335, with a 10%
contingency amount of $4,833.50 for a total nottoexceed amount of
$53,168.50, for CEQA Technical Study Peer Reviews of Environmental Studies
and Initial Study/Mitigated Negative Declaration for the Freedom Business Park
Project.
10.11 CalRecycle Grants Application Submittal Authorization
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute all
necessary agreements and other grantrelated documents thereof to the
Department of Resources, Recycling, and Recovery (CalRecycle); and
2. Adopt a Resolution authorizing the City of Menifee to submit applications for
eligible CalRecycle Grants.
10.12 Agreement Amendment No. 1 for TR Design Group, Inc. for Fire Station No. 68
Interior Improvements, Capital Improvement Project (CIP) No. 2103
RECOMMENDED ACTION
1. Approve Amendment No. 1 to Professional Services Agreement with TR
Design Group, Inc. for the Fire Station No. 68 Interior Improvements, CIP 2103,
providing funding for additional services in the amount of $29,448.25; and
2. Authorize the City Manager to execute Amendment No. 1 to Professional
Services Agreement with TR Design Group, Inc.
10.13 Final Map and Agreements for Tract Map 36852, Del Oro Development by DR Horton
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Security Agreements for
Onsite Streets, Water and Sewer Systems to guarantee completion of required
improvements associated with Tract 36852, located at the southwest corner of
Holland Road and Palomar Road; and
2. Approve and authorize the City Manager to execute the Security Agreements for
Offsite Streets, Drainage, Water and Sewer Systems to guarantee completion
of required improvements associated with Tract 36852; and
3. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 36852; and
4. Approve and authorize filing of the final map for Tract 36852.
10.14 Final Map and Agreements for Tract Map 298353, KB Home Coastal Inc.
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Security Agreement for
Street Improvements to guarantee completion of required improvements for IP
19003 associated with Tract 298353, located at Antelope Road and Rouse
Road; and
2. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 298353; and
3. Approve and Authorize Filing of the Final Map for Tract 298353, KB Home
Coastal Inc.
11. PUBLIC HEARING ITEMS – NONE
12. DISCUSSION ITEMS
12.1 Public, Educational, and Governmental Access Channel Updates and Partnerships
RECOMMENDED ACTION
1. Authorize staff to engage in the further development of a public, educational,
and governmental (PEG) access channel programming partnership with Mt.
San Jacinto College, and
2. Authorize staff to engage in the further development of a PEG access channel
programming partnership with the County of Riverside, and
3. Authorize staff to initiate measures to create a City of Menifee governmental
access channel.
12.2 Public Safety Reporting
RECOMMENDED ACTION
1. Review the Public Safety reporting background and evolution; and
2. Define the purpose and intent of Public Safety reporting; and
3. Provide direction regarding reporting Public Safety items.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: August 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: August 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: August 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: August 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 4,2021
Page 2 of 385
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 4, 20216:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkPUBLIC MEETINGS ARE NOW OPEN TO THE PUBLIC AT FULL CAPACITY.Public comments are now being heard inperson. Please fill out a speaker request slip and submit to the City Clerk.WATCHING LIVE VIA YOUTUBE:To watch the meeting live please visit the City’s webpage at https://cityofmenifee.us/agendas andclick on the YouTube icon () to the right of the specific meeting date. Please note the YouTube icon will only appear once themeeting has started.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1.Dr. Edward Paul Gervais, Minister – New Thought Christian 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS – NONE6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. Please fill out a speaker request slip and submit to the City Clerk. 8. COUNCILMEMBER UPDATES AND COMMENTS9. APPROVAL OF MINUTES 9.1 July 21, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher Lists dated 7/16/2021, the PayrollRegister/Other EFT’s dated 7/06/2021, 7/08/2021, and 7/09/2021, which have atotal budgetary impact of $3,719,558.59.10.3 Agreement for Menifee Redistricting 2021/22 ProcessRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute aProfessional Services Agreement with Bear Demographics & Research in anamount nottoexceed $64,000 for City of Menifee fiscal year 2021/22redistricting project.10.4 Agreement with County of Riverside for Space Use and Provision of County'sWorkforce Development ServicesRECOMMENDED ACTION1. Approve and authorize the City Manager to execute the Memorandum ofUnderstanding with the County of Riverside for Space Use (Kay CenicerosSenior Center) and Provision of County's Workforce Development Services atthe Temporary Menifee Employment Center. 10.5 Agreement with JPW Communications, LLC for Menifee Matters MagazineRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute aprofessional services agreement with JPW Communications, LLC in anamount nottoexceed $49,700 for fiscal year 2021/22 Menifee Matters
development and publication services.
10.6 Agreement with Pinnacle Training Systems for Wellness Program for Police
Department
RECOMMENDED ACTION
1. Approve and authorize City Manager to execute professional services
agreement in an amount not to exceed $60,126.10 with Pinnacle Training
Systems for Menifee Police Department Wellness Program for fiscal years
2020/21 and 2021/22; and
2. Authorize City Manager to execute three (3) additional one year amendments,
at the City’s discretion, in the nottoexceed annual amount of $43,000 per year.
10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
RECOMMENDED ACTION
1. Update the Fiscal Year 2021/22 Capital Improvement Program (CIP) to include
CIP No. 2205: Council Chambers Audio Visual (AV) Improvements; and
2. Approve and authorize the City Manager to execute a Professional Services
Agreement with Pacific West Sound in the nottoexceed amount of
$139,483.89 for Menifee City Hall Council Chamber Audio Visual (AV)
Improvements; and
3. Approve the purchase of an AV switcher from TV Pro Gear/IPTV International,
Inc. and authorize the Finance Department to issue a Purchase Order (PO) in
the nottoexceed amount of $49,995.00, including taxes.
10.8 Vehicle Leases for Community Services Maintenance Division
RECOMMENDED ACTION
1. Approve and authorize the City Manager to replace the previously approved
lease quotes and sign new Enterprise Lease Quotes for two vehicles in the not
toexceed amount of $1,500 per month and subsequently execute the Vehicle
Lease Agreement with Enterprise Fleet Management to secure vehicles for the
use by the Community Services Department effective August 1, 2021; and
2. Authorize the City Manager to sign replacement quotes for two vehicles in an
amount nottoexceed $1,500 per month in the event the vehicles specified in
the staff report are unavailable; and
3. Allow the purchase to be made under the cooperative purchasing (piggyback)
agreement under Sourcewell Contract #060618EFM, thereby exempting the
purchase under the competitive bidding process.
10.9 Permanent Local Housing Allocation Grant Program
RECOMMENDED ACTION
1. Accept the 2020 Permanent Local Housing Allocation (PLHA) grant funds from
the California Department of Housing and Community Development (HCD) in
the amount of $251,604 for the Menifee First Time Homebuyer's Down
Payment Assistance Program; and
2. Authorize the City Manager to execute all necessary agreements,
amendments, and related documents to receive the 2020 PHLA grant funds;
and
3. Adopt a Budget Adjustment Resolution authorizing an increase in revenue and
appropriation of expenditures in the amount of $251,604 to accounts identified
by the Finance Department.
10.10 Agreements for Freedom Business Park
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Developer
Reimbursement Agreement between the City of Menifee and Oak Properties,
Inc. related to the Freedom Business Park Project, located along the east side
of Haun Road, north of Scott Road, for CEQA Technical Study Peer Reviews
and Initial Study/Mitigated Negative Declaration; and
2. Adopt a Budget Amendment Resolution appropriating $53,169 from available
fund balance to Account #100433052825 (Professional Services
(Recoverable)); and
3. Approve and authorize the City Manager to execute a Professional Services
Agreement with LSA Associates, Inc. in the amount of $48,335, with a 10%
contingency amount of $4,833.50 for a total nottoexceed amount of
$53,168.50, for CEQA Technical Study Peer Reviews of Environmental Studies
and Initial Study/Mitigated Negative Declaration for the Freedom Business Park
Project.
10.11 CalRecycle Grants Application Submittal Authorization
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute all
necessary agreements and other grantrelated documents thereof to the
Department of Resources, Recycling, and Recovery (CalRecycle); and
2. Adopt a Resolution authorizing the City of Menifee to submit applications for
eligible CalRecycle Grants.
10.12 Agreement Amendment No. 1 for TR Design Group, Inc. for Fire Station No. 68
Interior Improvements, Capital Improvement Project (CIP) No. 2103
RECOMMENDED ACTION
1. Approve Amendment No. 1 to Professional Services Agreement with TR
Design Group, Inc. for the Fire Station No. 68 Interior Improvements, CIP 2103,
providing funding for additional services in the amount of $29,448.25; and
2. Authorize the City Manager to execute Amendment No. 1 to Professional
Services Agreement with TR Design Group, Inc.
10.13 Final Map and Agreements for Tract Map 36852, Del Oro Development by DR Horton
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Security Agreements for
Onsite Streets, Water and Sewer Systems to guarantee completion of required
improvements associated with Tract 36852, located at the southwest corner of
Holland Road and Palomar Road; and
2. Approve and authorize the City Manager to execute the Security Agreements for
Offsite Streets, Drainage, Water and Sewer Systems to guarantee completion
of required improvements associated with Tract 36852; and
3. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 36852; and
4. Approve and authorize filing of the final map for Tract 36852.
10.14 Final Map and Agreements for Tract Map 298353, KB Home Coastal Inc.
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Security Agreement for
Street Improvements to guarantee completion of required improvements for IP
19003 associated with Tract 298353, located at Antelope Road and Rouse
Road; and
2. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 298353; and
3. Approve and Authorize Filing of the Final Map for Tract 298353, KB Home
Coastal Inc.
11. PUBLIC HEARING ITEMS – NONE
12. DISCUSSION ITEMS
12.1 Public, Educational, and Governmental Access Channel Updates and Partnerships
RECOMMENDED ACTION
1. Authorize staff to engage in the further development of a public, educational,
and governmental (PEG) access channel programming partnership with Mt.
San Jacinto College, and
2. Authorize staff to engage in the further development of a PEG access channel
programming partnership with the County of Riverside, and
3. Authorize staff to initiate measures to create a City of Menifee governmental
access channel.
12.2 Public Safety Reporting
RECOMMENDED ACTION
1. Review the Public Safety reporting background and evolution; and
2. Define the purpose and intent of Public Safety reporting; and
3. Provide direction regarding reporting Public Safety items.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: August 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: August 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: August 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: August 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 4,2021
Page 3 of 385
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 4, 20216:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkPUBLIC MEETINGS ARE NOW OPEN TO THE PUBLIC AT FULL CAPACITY.Public comments are now being heard inperson. Please fill out a speaker request slip and submit to the City Clerk.WATCHING LIVE VIA YOUTUBE:To watch the meeting live please visit the City’s webpage at https://cityofmenifee.us/agendas andclick on the YouTube icon () to the right of the specific meeting date. Please note the YouTube icon will only appear once themeeting has started.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1.Dr. Edward Paul Gervais, Minister – New Thought Christian 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS – NONE6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. Please fill out a speaker request slip and submit to the City Clerk. 8. COUNCILMEMBER UPDATES AND COMMENTS9. APPROVAL OF MINUTES 9.1 July 21, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher Lists dated 7/16/2021, the PayrollRegister/Other EFT’s dated 7/06/2021, 7/08/2021, and 7/09/2021, which have atotal budgetary impact of $3,719,558.59.10.3 Agreement for Menifee Redistricting 2021/22 ProcessRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute aProfessional Services Agreement with Bear Demographics & Research in anamount nottoexceed $64,000 for City of Menifee fiscal year 2021/22redistricting project.10.4 Agreement with County of Riverside for Space Use and Provision of County'sWorkforce Development ServicesRECOMMENDED ACTION1. Approve and authorize the City Manager to execute the Memorandum ofUnderstanding with the County of Riverside for Space Use (Kay CenicerosSenior Center) and Provision of County's Workforce Development Services atthe Temporary Menifee Employment Center. 10.5 Agreement with JPW Communications, LLC for Menifee Matters MagazineRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute aprofessional services agreement with JPW Communications, LLC in anamount nottoexceed $49,700 for fiscal year 2021/22 Menifee Mattersdevelopment and publication services.10.6 Agreement with Pinnacle Training Systems for Wellness Program for PoliceDepartmentRECOMMENDED ACTION1. Approve and authorize City Manager to execute professional servicesagreement in an amount not to exceed $60,126.10 with Pinnacle TrainingSystems for Menifee Police Department Wellness Program for fiscal years2020/21 and 2021/22; and2. Authorize City Manager to execute three (3) additional one year amendments,at the City’s discretion, in the nottoexceed annual amount of $43,000 per year.10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council ChambersRECOMMENDED ACTION1. Update the Fiscal Year 2021/22 Capital Improvement Program (CIP) to includeCIP No. 2205: Council Chambers Audio Visual (AV) Improvements; and2. Approve and authorize the City Manager to execute a Professional ServicesAgreement with Pacific West Sound in the nottoexceed amount of$139,483.89 for Menifee City Hall Council Chamber Audio Visual (AV)Improvements; and3. Approve the purchase of an AV switcher from TV Pro Gear/IPTV International,Inc. and authorize the Finance Department to issue a Purchase Order (PO) inthe nottoexceed amount of $49,995.00, including taxes.10.8 Vehicle Leases for Community Services Maintenance DivisionRECOMMENDED ACTION1. Approve and authorize the City Manager to replace the previously approvedlease quotes and sign new Enterprise Lease Quotes for two vehicles in the nottoexceed amount of $1,500 per month and subsequently execute the VehicleLease Agreement with Enterprise Fleet Management to secure vehicles for theuse by the Community Services Department effective August 1, 2021; and2. Authorize the City Manager to sign replacement quotes for two vehicles in anamount nottoexceed $1,500 per month in the event the vehicles specified inthe staff report are unavailable; and3. Allow the purchase to be made under the cooperative purchasing (piggyback)agreement under Sourcewell Contract #060618EFM, thereby exempting thepurchase under the competitive bidding process.10.9 Permanent Local Housing Allocation Grant ProgramRECOMMENDED ACTION1. Accept the 2020 Permanent Local Housing Allocation (PLHA) grant funds from
the California Department of Housing and Community Development (HCD) in
the amount of $251,604 for the Menifee First Time Homebuyer's Down
Payment Assistance Program; and
2. Authorize the City Manager to execute all necessary agreements,
amendments, and related documents to receive the 2020 PHLA grant funds;
and
3. Adopt a Budget Adjustment Resolution authorizing an increase in revenue and
appropriation of expenditures in the amount of $251,604 to accounts identified
by the Finance Department.
10.10 Agreements for Freedom Business Park
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Developer
Reimbursement Agreement between the City of Menifee and Oak Properties,
Inc. related to the Freedom Business Park Project, located along the east side
of Haun Road, north of Scott Road, for CEQA Technical Study Peer Reviews
and Initial Study/Mitigated Negative Declaration; and
2. Adopt a Budget Amendment Resolution appropriating $53,169 from available
fund balance to Account #100433052825 (Professional Services
(Recoverable)); and
3. Approve and authorize the City Manager to execute a Professional Services
Agreement with LSA Associates, Inc. in the amount of $48,335, with a 10%
contingency amount of $4,833.50 for a total nottoexceed amount of
$53,168.50, for CEQA Technical Study Peer Reviews of Environmental Studies
and Initial Study/Mitigated Negative Declaration for the Freedom Business Park
Project.
10.11 CalRecycle Grants Application Submittal Authorization
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute all
necessary agreements and other grantrelated documents thereof to the
Department of Resources, Recycling, and Recovery (CalRecycle); and
2. Adopt a Resolution authorizing the City of Menifee to submit applications for
eligible CalRecycle Grants.
10.12 Agreement Amendment No. 1 for TR Design Group, Inc. for Fire Station No. 68
Interior Improvements, Capital Improvement Project (CIP) No. 2103
RECOMMENDED ACTION
1. Approve Amendment No. 1 to Professional Services Agreement with TR
Design Group, Inc. for the Fire Station No. 68 Interior Improvements, CIP 2103,
providing funding for additional services in the amount of $29,448.25; and
2. Authorize the City Manager to execute Amendment No. 1 to Professional
Services Agreement with TR Design Group, Inc.
10.13 Final Map and Agreements for Tract Map 36852, Del Oro Development by DR Horton
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Security Agreements for
Onsite Streets, Water and Sewer Systems to guarantee completion of required
improvements associated with Tract 36852, located at the southwest corner of
Holland Road and Palomar Road; and
2. Approve and authorize the City Manager to execute the Security Agreements for
Offsite Streets, Drainage, Water and Sewer Systems to guarantee completion
of required improvements associated with Tract 36852; and
3. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 36852; and
4. Approve and authorize filing of the final map for Tract 36852.
10.14 Final Map and Agreements for Tract Map 298353, KB Home Coastal Inc.
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Security Agreement for
Street Improvements to guarantee completion of required improvements for IP
19003 associated with Tract 298353, located at Antelope Road and Rouse
Road; and
2. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 298353; and
3. Approve and Authorize Filing of the Final Map for Tract 298353, KB Home
Coastal Inc.
11. PUBLIC HEARING ITEMS – NONE
12. DISCUSSION ITEMS
12.1 Public, Educational, and Governmental Access Channel Updates and Partnerships
RECOMMENDED ACTION
1. Authorize staff to engage in the further development of a public, educational,
and governmental (PEG) access channel programming partnership with Mt.
San Jacinto College, and
2. Authorize staff to engage in the further development of a PEG access channel
programming partnership with the County of Riverside, and
3. Authorize staff to initiate measures to create a City of Menifee governmental
access channel.
12.2 Public Safety Reporting
RECOMMENDED ACTION
1. Review the Public Safety reporting background and evolution; and
2. Define the purpose and intent of Public Safety reporting; and
3. Provide direction regarding reporting Public Safety items.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: August 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: August 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: August 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: August 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 4,2021
Page 4 of 385
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 4, 20216:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkPUBLIC MEETINGS ARE NOW OPEN TO THE PUBLIC AT FULL CAPACITY.Public comments are now being heard inperson. Please fill out a speaker request slip and submit to the City Clerk.WATCHING LIVE VIA YOUTUBE:To watch the meeting live please visit the City’s webpage at https://cityofmenifee.us/agendas andclick on the YouTube icon () to the right of the specific meeting date. Please note the YouTube icon will only appear once themeeting has started.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1.Dr. Edward Paul Gervais, Minister – New Thought Christian 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS – NONE6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. Please fill out a speaker request slip and submit to the City Clerk. 8. COUNCILMEMBER UPDATES AND COMMENTS9. APPROVAL OF MINUTES 9.1 July 21, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher Lists dated 7/16/2021, the PayrollRegister/Other EFT’s dated 7/06/2021, 7/08/2021, and 7/09/2021, which have atotal budgetary impact of $3,719,558.59.10.3 Agreement for Menifee Redistricting 2021/22 ProcessRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute aProfessional Services Agreement with Bear Demographics & Research in anamount nottoexceed $64,000 for City of Menifee fiscal year 2021/22redistricting project.10.4 Agreement with County of Riverside for Space Use and Provision of County'sWorkforce Development ServicesRECOMMENDED ACTION1. Approve and authorize the City Manager to execute the Memorandum ofUnderstanding with the County of Riverside for Space Use (Kay CenicerosSenior Center) and Provision of County's Workforce Development Services atthe Temporary Menifee Employment Center. 10.5 Agreement with JPW Communications, LLC for Menifee Matters MagazineRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute aprofessional services agreement with JPW Communications, LLC in anamount nottoexceed $49,700 for fiscal year 2021/22 Menifee Mattersdevelopment and publication services.10.6 Agreement with Pinnacle Training Systems for Wellness Program for PoliceDepartmentRECOMMENDED ACTION1. Approve and authorize City Manager to execute professional servicesagreement in an amount not to exceed $60,126.10 with Pinnacle TrainingSystems for Menifee Police Department Wellness Program for fiscal years2020/21 and 2021/22; and2. Authorize City Manager to execute three (3) additional one year amendments,at the City’s discretion, in the nottoexceed annual amount of $43,000 per year.10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council ChambersRECOMMENDED ACTION1. Update the Fiscal Year 2021/22 Capital Improvement Program (CIP) to includeCIP No. 2205: Council Chambers Audio Visual (AV) Improvements; and2. Approve and authorize the City Manager to execute a Professional ServicesAgreement with Pacific West Sound in the nottoexceed amount of$139,483.89 for Menifee City Hall Council Chamber Audio Visual (AV)Improvements; and3. Approve the purchase of an AV switcher from TV Pro Gear/IPTV International,Inc. and authorize the Finance Department to issue a Purchase Order (PO) inthe nottoexceed amount of $49,995.00, including taxes.10.8 Vehicle Leases for Community Services Maintenance DivisionRECOMMENDED ACTION1. Approve and authorize the City Manager to replace the previously approvedlease quotes and sign new Enterprise Lease Quotes for two vehicles in the nottoexceed amount of $1,500 per month and subsequently execute the VehicleLease Agreement with Enterprise Fleet Management to secure vehicles for theuse by the Community Services Department effective August 1, 2021; and2. Authorize the City Manager to sign replacement quotes for two vehicles in anamount nottoexceed $1,500 per month in the event the vehicles specified inthe staff report are unavailable; and3. Allow the purchase to be made under the cooperative purchasing (piggyback)agreement under Sourcewell Contract #060618EFM, thereby exempting thepurchase under the competitive bidding process.10.9 Permanent Local Housing Allocation Grant ProgramRECOMMENDED ACTION1. Accept the 2020 Permanent Local Housing Allocation (PLHA) grant funds fromthe California Department of Housing and Community Development (HCD) inthe amount of $251,604 for the Menifee First Time Homebuyer's DownPayment Assistance Program; and2. Authorize the City Manager to execute all necessary agreements,amendments, and related documents to receive the 2020 PHLA grant funds;and3. Adopt a Budget Adjustment Resolution authorizing an increase in revenue andappropriation of expenditures in the amount of $251,604 to accounts identifiedby the Finance Department.10.10 Agreements for Freedom Business ParkRECOMMENDED ACTION1. Approve and authorize the City Manager to execute the DeveloperReimbursement Agreement between the City of Menifee and Oak Properties,Inc. related to the Freedom Business Park Project, located along the east sideof Haun Road, north of Scott Road, for CEQA Technical Study Peer Reviewsand Initial Study/Mitigated Negative Declaration; and2. Adopt a Budget Amendment Resolution appropriating $53,169 from availablefund balance to Account #100433052825 (Professional Services(Recoverable)); and3. Approve and authorize the City Manager to execute a Professional ServicesAgreement with LSA Associates, Inc. in the amount of $48,335, with a 10%contingency amount of $4,833.50 for a total nottoexceed amount of$53,168.50, for CEQA Technical Study Peer Reviews of Environmental Studiesand Initial Study/Mitigated Negative Declaration for the Freedom Business ParkProject.10.11 CalRecycle Grants Application Submittal AuthorizationRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute allnecessary agreements and other grantrelated documents thereof to theDepartment of Resources, Recycling, and Recovery (CalRecycle); and2. Adopt a Resolution authorizing the City of Menifee to submit applications foreligible CalRecycle Grants.10.12 Agreement Amendment No. 1 for TR Design Group, Inc. for Fire Station No. 68Interior Improvements, Capital Improvement Project (CIP) No. 2103RECOMMENDED ACTION1. Approve Amendment No. 1 to Professional Services Agreement with TRDesign Group, Inc. for the Fire Station No. 68 Interior Improvements, CIP 2103,providing funding for additional services in the amount of $29,448.25; and2. Authorize the City Manager to execute Amendment No. 1 to ProfessionalServices Agreement with TR Design Group, Inc.
10.13 Final Map and Agreements for Tract Map 36852, Del Oro Development by DR Horton
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Security Agreements for
Onsite Streets, Water and Sewer Systems to guarantee completion of required
improvements associated with Tract 36852, located at the southwest corner of
Holland Road and Palomar Road; and
2. Approve and authorize the City Manager to execute the Security Agreements for
Offsite Streets, Drainage, Water and Sewer Systems to guarantee completion
of required improvements associated with Tract 36852; and
3. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 36852; and
4. Approve and authorize filing of the final map for Tract 36852.
10.14 Final Map and Agreements for Tract Map 298353, KB Home Coastal Inc.
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Security Agreement for
Street Improvements to guarantee completion of required improvements for IP
19003 associated with Tract 298353, located at Antelope Road and Rouse
Road; and
2. Approve and authorize the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 298353; and
3. Approve and Authorize Filing of the Final Map for Tract 298353, KB Home
Coastal Inc.
11. PUBLIC HEARING ITEMS – NONE
12. DISCUSSION ITEMS
12.1 Public, Educational, and Governmental Access Channel Updates and Partnerships
RECOMMENDED ACTION
1. Authorize staff to engage in the further development of a public, educational,
and governmental (PEG) access channel programming partnership with Mt.
San Jacinto College, and
2. Authorize staff to engage in the further development of a PEG access channel
programming partnership with the County of Riverside, and
3. Authorize staff to initiate measures to create a City of Menifee governmental
access channel.
12.2 Public Safety Reporting
RECOMMENDED ACTION
1. Review the Public Safety reporting background and evolution; and
2. Define the purpose and intent of Public Safety reporting; and
3. Provide direction regarding reporting Public Safety items.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: August 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: August 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: August 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: August 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 4,2021
Page 5 of 385
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 4, 20216:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkPUBLIC MEETINGS ARE NOW OPEN TO THE PUBLIC AT FULL CAPACITY.Public comments are now being heard inperson. Please fill out a speaker request slip and submit to the City Clerk.WATCHING LIVE VIA YOUTUBE:To watch the meeting live please visit the City’s webpage at https://cityofmenifee.us/agendas andclick on the YouTube icon () to the right of the specific meeting date. Please note the YouTube icon will only appear once themeeting has started.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1.Dr. Edward Paul Gervais, Minister – New Thought Christian 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS – NONE6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. Please fill out a speaker request slip and submit to the City Clerk. 8. COUNCILMEMBER UPDATES AND COMMENTS9. APPROVAL OF MINUTES 9.1 July 21, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher Lists dated 7/16/2021, the PayrollRegister/Other EFT’s dated 7/06/2021, 7/08/2021, and 7/09/2021, which have atotal budgetary impact of $3,719,558.59.10.3 Agreement for Menifee Redistricting 2021/22 ProcessRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute aProfessional Services Agreement with Bear Demographics & Research in anamount nottoexceed $64,000 for City of Menifee fiscal year 2021/22redistricting project.10.4 Agreement with County of Riverside for Space Use and Provision of County'sWorkforce Development ServicesRECOMMENDED ACTION1. Approve and authorize the City Manager to execute the Memorandum ofUnderstanding with the County of Riverside for Space Use (Kay CenicerosSenior Center) and Provision of County's Workforce Development Services atthe Temporary Menifee Employment Center. 10.5 Agreement with JPW Communications, LLC for Menifee Matters MagazineRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute aprofessional services agreement with JPW Communications, LLC in anamount nottoexceed $49,700 for fiscal year 2021/22 Menifee Mattersdevelopment and publication services.10.6 Agreement with Pinnacle Training Systems for Wellness Program for PoliceDepartmentRECOMMENDED ACTION1. Approve and authorize City Manager to execute professional servicesagreement in an amount not to exceed $60,126.10 with Pinnacle TrainingSystems for Menifee Police Department Wellness Program for fiscal years2020/21 and 2021/22; and2. Authorize City Manager to execute three (3) additional one year amendments,at the City’s discretion, in the nottoexceed annual amount of $43,000 per year.10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council ChambersRECOMMENDED ACTION1. Update the Fiscal Year 2021/22 Capital Improvement Program (CIP) to includeCIP No. 2205: Council Chambers Audio Visual (AV) Improvements; and2. Approve and authorize the City Manager to execute a Professional ServicesAgreement with Pacific West Sound in the nottoexceed amount of$139,483.89 for Menifee City Hall Council Chamber Audio Visual (AV)Improvements; and3. Approve the purchase of an AV switcher from TV Pro Gear/IPTV International,Inc. and authorize the Finance Department to issue a Purchase Order (PO) inthe nottoexceed amount of $49,995.00, including taxes.10.8 Vehicle Leases for Community Services Maintenance DivisionRECOMMENDED ACTION1. Approve and authorize the City Manager to replace the previously approvedlease quotes and sign new Enterprise Lease Quotes for two vehicles in the nottoexceed amount of $1,500 per month and subsequently execute the VehicleLease Agreement with Enterprise Fleet Management to secure vehicles for theuse by the Community Services Department effective August 1, 2021; and2. Authorize the City Manager to sign replacement quotes for two vehicles in anamount nottoexceed $1,500 per month in the event the vehicles specified inthe staff report are unavailable; and3. Allow the purchase to be made under the cooperative purchasing (piggyback)agreement under Sourcewell Contract #060618EFM, thereby exempting thepurchase under the competitive bidding process.10.9 Permanent Local Housing Allocation Grant ProgramRECOMMENDED ACTION1. Accept the 2020 Permanent Local Housing Allocation (PLHA) grant funds fromthe California Department of Housing and Community Development (HCD) inthe amount of $251,604 for the Menifee First Time Homebuyer's DownPayment Assistance Program; and2. Authorize the City Manager to execute all necessary agreements,amendments, and related documents to receive the 2020 PHLA grant funds;and3. Adopt a Budget Adjustment Resolution authorizing an increase in revenue andappropriation of expenditures in the amount of $251,604 to accounts identifiedby the Finance Department.10.10 Agreements for Freedom Business ParkRECOMMENDED ACTION1. Approve and authorize the City Manager to execute the DeveloperReimbursement Agreement between the City of Menifee and Oak Properties,Inc. related to the Freedom Business Park Project, located along the east sideof Haun Road, north of Scott Road, for CEQA Technical Study Peer Reviewsand Initial Study/Mitigated Negative Declaration; and2. Adopt a Budget Amendment Resolution appropriating $53,169 from availablefund balance to Account #100433052825 (Professional Services(Recoverable)); and3. Approve and authorize the City Manager to execute a Professional ServicesAgreement with LSA Associates, Inc. in the amount of $48,335, with a 10%contingency amount of $4,833.50 for a total nottoexceed amount of$53,168.50, for CEQA Technical Study Peer Reviews of Environmental Studiesand Initial Study/Mitigated Negative Declaration for the Freedom Business ParkProject.10.11 CalRecycle Grants Application Submittal AuthorizationRECOMMENDED ACTION1. Approve and authorize the City Manager or his designee to execute allnecessary agreements and other grantrelated documents thereof to theDepartment of Resources, Recycling, and Recovery (CalRecycle); and2. Adopt a Resolution authorizing the City of Menifee to submit applications foreligible CalRecycle Grants.10.12 Agreement Amendment No. 1 for TR Design Group, Inc. for Fire Station No. 68Interior Improvements, Capital Improvement Project (CIP) No. 2103RECOMMENDED ACTION1. Approve Amendment No. 1 to Professional Services Agreement with TRDesign Group, Inc. for the Fire Station No. 68 Interior Improvements, CIP 2103,providing funding for additional services in the amount of $29,448.25; and2. Authorize the City Manager to execute Amendment No. 1 to ProfessionalServices Agreement with TR Design Group, Inc. 10.13 Final Map and Agreements for Tract Map 36852, Del Oro Development by DR HortonRECOMMENDED ACTION1. Approve and authorize the City Manager to execute the Security Agreements forOnsite Streets, Water and Sewer Systems to guarantee completion of requiredimprovements associated with Tract 36852, located at the southwest corner ofHolland Road and Palomar Road; and2. Approve and authorize the City Manager to execute the Security Agreements forOffsite Streets, Drainage, Water and Sewer Systems to guarantee completionof required improvements associated with Tract 36852; and3. Approve and authorize the City Manager to execute a Security Agreement forPlacement of Monuments for Tract 36852; and4. Approve and authorize filing of the final map for Tract 36852. 10.14 Final Map and Agreements for Tract Map 298353, KB Home Coastal Inc.RECOMMENDED ACTION1. Approve and authorize the City Manager to execute a Security Agreement forStreet Improvements to guarantee completion of required improvements for IP19003 associated with Tract 298353, located at Antelope Road and RouseRoad; and2. Approve and authorize the City Manager to execute a Security Agreement forPlacement of Monuments for Tract 298353; and3. Approve and Authorize Filing of the Final Map for Tract 298353, KB HomeCoastal Inc.11. PUBLIC HEARING ITEMS – NONE12. DISCUSSION ITEMS 12.1 Public, Educational, and Governmental Access Channel Updates and PartnershipsRECOMMENDED ACTION1. Authorize staff to engage in the further development of a public, educational,and governmental (PEG) access channel programming partnership with Mt.San Jacinto College, and2. Authorize staff to engage in the further development of a PEG access channelprogramming partnership with the County of Riverside, and3. Authorize staff to initiate measures to create a City of Menifee governmentalaccess channel.12.2 Public Safety ReportingRECOMMENDED ACTION1. Review the Public Safety reporting background and evolution; and
2. Define the purpose and intent of Public Safety reporting; and
3. Provide direction regarding reporting Public Safety items.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: August 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: August 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: August 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: August 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 4,2021
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Menifee Mayor and City Council July 21, 2021
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City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District 2
Lesa Sobek, District 3
Dean Deines, District 4 MINUTES
Menifee City Council
Regular Meeting Minutes
Wednesday, July 21, 2021
5:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
CLOSED SESSION (5:00 PM)
Mayor Pro Tem Sobek called the Closed Session to order at 5:15 PM. Present were Councilmembers
Deines, Karwin and Mayor Pro Tem Sobek. Mayor Zimmerman joined them in the conference room
immediately after. Absent was Councilmember Liesemeyer. The City Council adjourned to Closed
Session for the following purpose.
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Negotiators: Assistant City Manager Rochelle Clayton and City Manager Armando G. Villa
Labor Associations: Menifee Police Officers Association (POA); Menifee
Police Management Association (PMA); and Menifee Police Employee Association (PEA)
REGULAR MEETING (6:00 PM)
1.CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:02 PM. City Attorney Jeffrey Melching
stated there was nothing to report out from Closed Session.
2.ROLL CALL
Present: Dean Deines, Bob Karwin, Lesa Sobek, Bill Zimmerman
Absent: Matthew Liesemeyer
3.WORDS OF INSPIRATION
Pastor Kasey Crawford - Elevation Church
4.PLEDGE OF ALLEGIANCE
Nick Murch led the flag salute.
5.PRESENTATIONS
5.1 Outstanding Citizen(s) of the Month: Don and Teddi Vesey
Item Title:9.1 July 21,2021 City Council Minutes
Item Page Number:1
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The City Council honored Don and Teddi Vesey. Mayor Zimmerman commented on
their outstanding community service efforts in the City and thanked them for their work.
Mr. Vesey thanked the City Council for their support and partnership. Mrs. Vesey spoke
about the Garden Path Ministry program.
5.1 Business Spotlight: Shella Care Management Services, LLC
Mayor Zimmerman introduced Economic Development Director Gina Gonzalez. Ms.
Gonzalez introduced the Business Spotlight program and recipient, Shella Care
Management Services, LLC. She reported on the accomplishments and community
outreach Shella Care provides to the City and presented a short video.
The City Council presented Michael Foster and the Shella Care team with the award.
Mr. Foster thanked the City for their support.
5.2 Parks Make Life Better Month Proclamation
Mayor Zimmerman introduced Community Services Director Jonathan Nicks. Mr. Nicks
introduced the item and Community Services Supervisor Cynthia Morquecho. Ms.
Morquecho provided a presentation and reported on the activities taking place at the
Community Services Department.
6.AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (4-0-1, Liesemeyer absent) with no modifications.
7.PUBLIC COMMENTS (NONAGENDA ITEMS)
There were no public comments.
8.COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Karwin reported on the meetings and events he attended.
Riverside County Library Ribbon Cutting in Menifee
Cherry Hills Golf Course Karaoke Event
Chamber of Commerce Ribbon Cutting Event
City of Menifee Employee Appreciation Luncheon
Rotary Club Meeting
Councilmember Karwin inquired about hosting Town Hall meetings in each district.
Councilmember Deines stated he had attended the same events as the other
Councilmembers.
Mayor Pro Tem Sobek reported on the meetings and events she attended and announced she
would be holding a community meeting in September at the new library.
Visit to CalFire Menifee Station No. 76
Regional Conservation Authority (RCA) Board of Directors Meeting
League of California Cities Virtual Meeting
Item Title:9.1 July 21,2021 City Council Minutes
Item Page Number:2
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Menifee Mayor and City Council July 21, 2021
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Cherry Hills Golf Course Taco Tuesday Event
City of Menifee Employee Appreciation Luncheon
Senator Rosilicie Ochoa Bogh Meeting
Riverside County Library Ribbon Cutting in Menifee
Valley-Wide Recreation and Parks District Board of Directors Meeting
Chat with the City Manager via YouTube
Assemblymember Kelly Seyarto Meeting
Mayor Pro Tem Sobek stated Menifee’s National Night Out would take place on August 3, 2021,
from 5:00-8:00 PM at Central Park.
Mayor Zimmerman reported on the meetings and events he attended.
Neighbors Business Mixer in Wildomar
Rotary Club Meeting
Virtual Meeting with County Parks for the Salt Creek Trail
Menifee Chamber of Commerce Lunch at Fairfield Inn
League of California Cities Virtual Meeting
Economic Development Committee Meeting
Riverside County Transportation Commission (RCTC) Meeting
City of Menifee Employee Appreciation Luncheon
Senator Rosilicie Ochoa Bogh Meeting
Riverside County Library Ribbon Cutting in Menifee
Assemblymember Kelly Seyarto Meeting
League of California Cities Mayor’s Meeting
9.APPROVAL OF MINUTES
9.1 July 7, 2021 City Council Minutes
The City Council approved the minutes unanimously (4-0-1, Liesemeyer absent) with
no modifications.
10.CONSENT CALENDAR
Councilmember Deines requested to pull Item No. 10.7 and Councilmember Karwin
requested to pull Item No. 10.15.
The balance of the Consent Calendar was approved by the following vote.
MOVER: Lesa Sobek
SECONDER: Dean Deines
AYES: Deines, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Liesemeyer
Item Title:9.1 July 21,2021 City Council Minutes
Item Page Number:3
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10.1 Waiver of Reading
ACTION
1.Waived the reading in full of any and all Ordinances listed on this agenda and
provided that they be read by title only.
10.2 Warrant Register
ACTION
1.Ratified and approved the Voucher Lists dated 6/30/2021 and 7/2/2021, the Payroll
Register/Other EFT’s dated 6/21/2021, 6/24/2021, 6/25/2021, and 7/02/2021, which
have a total budgetary impact of $2,274,935.35.
10.3 Fiscal Year 2021/2022 Animal Field Services Contract Amendments
ACTION
1.Authorized the City Manager to exercise option to increase the existing annual
compensation amount by a not-to-exceed amount of $234,000 per year for the
remaining term of the contract (through June 30, 2024).
10.4 Amendment No. 3 to Professional Services Agreement with Helixstorm
ACTION
1.Approved and authorized the City Manager to execute Amendment No. 3 to
Professional Services Agreement with Helixstorm for Professional Information
Technology Support Services, extending the term of services through September 30,
2021 and increasing the total contract amount by the not-to-exceed amount of
$60,000.
10.5 Agreement with NorthSouth GIS, LLC for Geographic Information System Support
ACTION
1.Approved and authorized the City Manager to execute a one-year Professional
Services Agreement with NorthSouth GIS (NSGIS) LLC., in an amount not-to-exceed
$111,540 to perform tasks associated with the support of the City’s Geographic
Information System (GIS) Enterprise System.
10.6 Fiscal Year 2021/22 Road Safety Vehicle and Equipment Purchase
ACTION
1.Approved the purchase of a five-ton Patch Truck from PB Loader Corporation in the
not-to-exceed amount of $230,993.10 including taxes and delivery; and
2.Approved the purchase of a 2,000-gallon Water Truck from National Auto Fleet
Group in the not-to-exceed amount of $106,758.79 including taxes and delivery; and
3.Approved the purchase of a Skid Steer from Quinn CAT in the not-to-exceed amount
of $67,244.97 including taxes and delivery; and
4.Exempt the three purchases listed above from the competitive bidding as the
purchases will be made under Cooperative Purchasing Agreements with Sourcewell
as allowed under the Menifee Municipal Code Section 3.12.070(6); and
Item Title:9.1 July 21,2021 City Council Minutes
Item Page Number:4
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AYES: Deines, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Liesemeyer
5.Authorized the City Manager to execute the required documents and the Finance
Department to issue corresponding Purchase Orders for the three road safety vehicle
and equipment purchases.
10.7 Fiscal Year 2021/2022 City Street Sweeping Agreement with CR&R, Inc.
Councilmember Dienes requested a report from staff. Public Works Director Nick Fidler
provided a report.
Councilmember Deines inquired about residential service within County Service Area
(CSA) 152.
Mayor Pro Tem Sobek asked for additional public outreach on street sweeping days
throughout the City.
City Manager Armando commented on the City’s desire to ultimately have full control
over streets citywide.
ACTION
1.Approved and authorized the City Manager to execute a Maintenance Services
Agreement with CR&R, Inc. in the not-to-exceed amount of $68,463.62 for Fiscal Year
2021/22 Street Sweeping Services; and
2.Exempt award of contract from regular competitive bidding process is recommended
as cooperative purchasing agreements from the County of Riverside Agreement No.
#TLARC-96874-00006-06/22 as allowed under the Menifee Municipal Code Section
3.12.070 (6).
MOVER: Dean Deines
SECONDER: Lesa Sobek
10.8 Acceptance of Fiscal Year 2021-2022 SB 821 Program Funds for Bicycle and Pedestrian
Facilities Projects
ACTION
1.Accepted FY 2021-2022 Senate Bill 821 Bicycle and Pedestrian Facilities Program
Funds for CIP 22-20: Sun City Community Pedestrian Project and CIP 22-21: Lazy
Creek Park Pedestrian Projects in the amounts of $183,886 and $88,380.50
respectively; and
2.Adopted Resolution Nos. 21-1051 and 21-1052, appropriating $183,886 and
$88,380.50, in revenue and expenditures, for the Sun City Community Pedestrian
Project from the Grant Fund (Fund 301) into accounts designated by the Finance
Department and appropriating $183,886 and $88,380.50, in expenditures for the Sun
City Community Pedestrian Project from the General Fund (Fund 100) into accounts
designated by the Finance Department; and
3.Authorized the City Manager or his designee to execute all necessary agreements
and other grant-related documents to receive the funds for both approved projects.
Item Title:9.1 July 21,2021 City Council Minutes
Item Page Number:5
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10.9 Acceptance of Local Roadway Safety Plan Funds for the Menifee Local Roadway Safety
Plan
ACTION
1.Accepted the Local Roadway Safety Plan funds from CalTrans awarded to the City
for development of the Menifee Local Roadway Safety Plan (LRSP) in the amount
of $90,000; and
2.Adopted Resolution No. 21-1053, appropriating $90,000 in revenue and
expenditures, for the City of Menifee LRSP into accounts designated by the Finance
Department; and
3.Authorized the City Manager or designee to execute all necessary agreements and
other grant-related documents thereof.
10.10 Security Improvement Bond Agreements for Tract 29835-2, Underwood Development by
KB Home Coastal, Inc.
ACTION
1.Approved Landscape Security Bond Agreements for Tract 29835-2 Underwood
Development by KB Home Coastal, Inc. located at Antelope Road and Rouse Road.
10.11 Security Bond Agreements for Tract 31098, Remington Development (McCall Mesa) by
Lennar Homes of California, Inc.
ACTION
1.Approved the Landscape Security Bond Agreements for Tract 31098 Remington
(McCall Mesa) Development, a residential development by Lennar Homes of
California, Inc., located west of Menifee Road and south of Rouse Road.
10.12 Survey Monument Bond Release for Tract Map 28789-1, by Pinehurst, LLC
ACTION
1.Approved the release of the Survey Monument Bond for Tract Map 28789-1 located
south of Newport Road on the east side of Evans Road, by Pinehurst LLC.
10.13 Resolution of Intention, Community Facilities District No. 2017-1 Annex 9 (Sagewood)
ACTION
1.Accepted the Petition of D.R. Horton Los Angeles Holding Company, Inc., Tentative
Tract Map No. 37400, located at the southwest corner of Barnett Road and
McLaughlin Road, west of the I-215, to annex into Community Facilities District No.
2017-1 (Maintenance Services) (“CFD No. 2017-1” or “CFD”) as Annexation Area
No. 9; and
2.Adopted Resolution No. 21-1054, to add Annexation Area No. 9 into CFD No. 2017-
1, to authorize the levy of special tax therein to finance certain maintenance services,
and to set a public hearing for September 1, 2021.
10.14 Lien Agreement for Tract Map 31856, Menifee Land DV, LLC
ACTION
1.Approved Subdivision Improvement Agreements for Road, Drainage, Water and
Item Title:9.1 July 21,2021 City Council Minutes
Item Page Number:6
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AYES: Deines, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Liesemeyer
Sewer Systems to guarantee completion of required improvements associated with
Tract 31856; and
2.Approved Lien Agreement on a real property as form of security to guarantee
completion of required public improvements for Tract 31856; and
3.Approved the release of the existing bonds posted for Final Tract 31856.
10.15 Traffic Signal Interconnect Project (West), CIP 16-07 Change Order
Councilmember Karwin requested a report from staff. Public Works Director Nick Fidler
provided a report.
Councilmember Karwin inquired about the additional work that had already been
completed, reimbursement for those costs and outcome if the City were not to pay.
Mr. Fidler provided an explanation and stated the City needed to close out the contract
with the contractor in order to maintain federal funding and the City was in contact with
the design engineer for reimbursement costs.
ACTION
1.Authorized the City Manager to execute Construction Change Order No. 3 to Elecnor
Belco Electric, Inc. in the amount of $32,464.42 for additional unforeseen work
associated with the construction of the project.
MOVER: Bob Karwin
SECONDER: Dean Deines
11.PUBLIC HEARING ITEMS – NONE
12.DISCUSSION ITEMS
12.1 Passport Services
City Clerk Sarah Manwaring provided a presentation and reported on the current
demand on passport services; the Department of State mission; requirements;
becoming an acceptance facility; acceptance facility responsibilities; application
process; local passport acceptance facilities; and next steps for the City.
The City Council inquired about staffing requirements and training costs. Ms.
Manwaring stated no additional staff would be required and there were no training
costs.
Mayor Zimmerman and Mayor Pro Tem Sobek spoke in favor of the item.
Item Title:9.1 July 21,2021 City Council Minutes
Item Page Number:7
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AYES: Deines, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Liesemeyer
ACTION
1.Authorized staff to move forward with the application process to become a Passport
Acceptance Facility.
MOVER: Lesa Sobek
SECONDER: Bill Zimmerman
13.CITY ATTORNEY REPORTS
None.
14.CITY MANAGER REPORTS
City Manager Armando Villa stated staff was working on the future agenda item list and
Council should see those on the agenda in the upcoming months and he also reported
on staff’s meeting with the County Fire Chief, Bill Weiser.
15.FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
None.
16.ADJOURN
Mayor Zimmerman adjourned the meeting at 7:33 PM.
Sarah A. Manwaring, MMC
City Clerk
Item Title:9.1 July 21,2021 City Council Minutes
Item Page Number:8
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CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Financial Services Manager
REVIEWED BY: Wendy Preece, Deputy Finance Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 7/16/2021, the Payroll Register/Other EFT’s dated
7/06/2021, 7/08/2021, and 7/09/2021, which have a total budgetary impact of $3,719,558.59.
DISCUSSION
The City of Menifee Municipal Code Chapter 3.16.050 requires that the City Council audit
payments of demands and directs the City Manager to issue checks. The attached Voucher List
and all corresponding invoices have been reviewed and approved for accuracy by the Financial
Services Manager and by the Deputy Finance Director. Voucher Lists dated 7/16/2021 the Payroll
Register/Other EFT’s dated 7/06/2021, 7/08/2021, and 7/09/2021 have a total budgetary impact
of $3,719,558.59.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
As indicated above, Voucher Lists dated 7/16/2021, the Payroll Register/Other EFT’s dated
7/06/2021, 7/08/2021, and 7/09/2021 have a total budgetary impact of $3,719,558.59, which is
included in the FY20/21 and FY21/22 budgets.
ATTACHMENTS
1. Voucher List dated 7/16/2021
2. Payroll Register/Other EFT’s dated 8/4/2021
3. Voucher CC Details 7/16/2021
Item Title:10.2 Warrant Register
Item Page Number:1
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07/15/2021
Voucher List
City of Menifee
1
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49452 7/12/2021 02171 DICKEY'S BARBECUE PIT-, LAKE ELSINORE CK REQ 7/9 03324 EMPLOYEE APPRECIATION LUNCH 4,721.21
Total : 4,721.21
49453 7/16/2021 00748 4IMPRINT, INC.9032817 HUMAN RESOURCES EMPLOYEE SHIRTS 237.58
51.37EOC SUPPLIES9039086
Total : 288.95
49454 7/16/2021 01639 AIR EXCHANGE, INC.91603490 FIRESTATION #5 FACILITY MAINTENANCE 980.42
385.47FIRESTATION #68 FACILITY MAINTENANCE91603777
949.40FIRESTATION #76 FACILITY MAINTENANCE91604535
Total : 2,315.29
49455 7/16/2021 01799 AIRFORCE 1 PLUMBING HEATING &, AIR, INC 101085 02992 CITY FACILITIES HVAC MAINTENANCE 8,244.00
Total : 8,244.00
49456 7/16/2021 01252 AMAZON CAPITAL SERVICES, INC.19H7-VFHF-KFHG SUPPLIES FOR ECON DEV 23.79
706.61SUPPLIES FOR CITY MANAGER'S OFFICE1CFT-PFQC-LDDW
224.56IT SUPPLIES1KL6-4H14-TVNV
984.84FLEET SMALL TOOLS & FIELD EQUIPMENT1LMK-H4KV-YKLG
82.70COMM SVCS FACILITY MAINTENANCE1PJ1-XJJQ-CTNW
Total : 2,022.50
49457 7/16/2021 00258 AMERICAN FORENSIC NURSES, INC 74645 02554 MAY'21 MENIFEE PD FORENSIC SERVICES 165.00
02554 55.00MAY'21 MENIFEE PD FORENSIC SERVICES74686
Total : 220.00
49458 7/16/2021 01742 BEEGUYTRAVIS 1203 COMM SVCS PARK MAINTENANCE 395.00
395.00COMM SVCS PARK MAINTENANCE1209
Total : 790.00
49459 7/16/2021 00915 BMW MOTORCYCLES OF RIVERSIDE 6027534/1 PD VEHICLE MAINTENANCE 188.11
306.23PD VEHICLE MAINTENANCE6027540/1
Total : 494.34
49460 7/16/2021 01624 BREAKING THE CHAIN CONSULTING 2021-113 03156 COMMUNITY DEVELOPMENT TRAINING 4,559.87
Total : 4,559.87
1Page:
Item Title:10.2 Warrant Register
Item Page Number:2
Menifee Mayor and City Council August 4,2021
Page 16 of 385
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Voucher List
City of Menifee
2
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49461 7/16/2021 01006 BUCKNAM INFRASTRUCTURE GROUP 339-09.06 02883 FY 20/21 PAVEMENT MANAGEMENT PROGRAM SUP 14,684.73
Total : 14,684.73
49462 7/16/2021 00370 CHANDLER ASSET MANAGEMENT, INC 2106MENIFEE 02789 JUN'21 INVESTMENT MGMT FEE 376.36
Total : 376.36
49463 7/16/2021 01374 CIVILPROS COM_1002_202105 02109 MAY'21 CIP 20-01 PROF SVCS FOR SCOTT ROA 9,673.25
Total : 9,673.25
49464 7/16/2021 01210 CORKY'S PEST CONTROL 2742042 WEST ANNEX PEST CONTROL SVCS 85.00
75.00AMR PEST CONTROL SVCS2742309
Total : 160.00
49465 7/16/2021 02134 CYBERSOFTWAREDISTRIBUTORS, LLC 10505.2021.1001 03203 RISK ASSESSMENT AND DEFINED PENETRATION 5,475.00
Total : 5,475.00
49466 7/16/2021 00881 D.R. BECHTER CONSULTING INC.14-002-341 02590 JUN'21 ON-CALL RECOVERABLE CONSTRUCTION 9,020.00
Total : 9,020.00
49467 7/16/2021 00453 DENNIS JANDA, INC.14642 02618 20/21 ON-CALL NON-RECOVERABLE ENGINEERIN 807.50
02617 2,860.00FY2020/21 RECOVERABLE ON-CALL ENG SURVEY14684
03265 2,300.00CIP 19-16 LAZY CREEK SURVEY SERVICE14685
02618 625.00FY20/21 NON-RECOVERABLE ON-CALL ENGINEER14760-1
Total : 6,592.50
49468 7/16/2021 01988 DIVERSIFIED DISTRIBUTION 2001333 PD VEHICLE MAINTENANCE 159.86
56.53COMM SVCS VEHICLE MAINTENANCE2001334
602.44FLEET MATERIALS & SUPPLIES2001367
Total : 818.83
49469 7/16/2021 00080 DOCU-TRUST 043584 DOC STORAGE & RETRIEVAL SVCS 694.35
Total : 694.35
49470 7/16/2021 02104 DOKKEN ENGINEERING 39056 03236 MAY'21 CIP 14-01 MCCALL BOULEVARD & I-21 12,115.00
Total : 12,115.00
49471 7/16/2021 00407 ESGIL, LLC 0076240-IN 02643 FEB'21 BLDG/SFTY PLAN CHECK SVCS 16,435.74
02643 565.00APR'21 BLDG/SFTY PLAN CHECK SVCS0077763-IN
2Page:
Item Title:10.2 Warrant Register
Item Page Number:3
Menifee Mayor and City Council August 4,2021
Page 17 of 385
07/15/2021
Voucher List
City of Menifee
3
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 17,000.74 49471 7/16/2021 00407 00407 ESGIL, LLC
49472 7/16/2021 00767 FAIR HOUSING COUNCIL CK REQ 7/6 02993 CDBG FY20-21 PROGRAM - REIMB REQ # 12 1,557.37
Total : 1,557.37
49473 7/16/2021 00805 GARY F. HOYT LANDSCAPE CP-2438 02621 FY2020/21 NON-RECOVERABLE ON-CALL ENG SV 1,760.00
Total : 1,760.00
49474 7/16/2021 00723 GOVCONNECTION, INC.71438600 03217 ADOBE ACROBAT LICENSE RENEWAL 14,299.35
Total : 14,299.35
49475 7/16/2021 02072 GROUP H CONSTRUCTION INC.1020 03262 CIP 16-13: CITY PUBLIC WORKS YARD MODULA 2,829.00
Total : 2,829.00
49476 7/16/2021 01764 HAAKER EQUIPMENT COMPANY E15021 03231 P/W EQUIPMENT RENTAL 3,528.00
Total : 3,528.00
49477 7/16/2021 01921 HARDY & HARPER, INC.47058 02806 CIP 21-01 MURRIETA ROAD STREET RESURFACI 11,275.00
Total : 11,275.00
49478 7/16/2021 01291 HELIXSTORM 11324 02763 JUN'21 IT PROFESSIONAL SUPPORT SERVICES 24,425.00
Total : 24,425.00
49479 7/16/2021 01626 HUMANITY, INC.INV00106743 ONLINE SCHEDULING PROGRAM 1,728.00
Total : 1,728.00
49480 7/16/2021 02122 INFO-TECH RESEARCH GROUP INC.210997 03179 INFOTECH LEADERSHIP MEMBERSHIP 22,972.29
Total : 22,972.29
49481 7/16/2021 00840 KIMLEY-HORN AND ASSOCIATES, INC.18836180 03113 APR'21 LYLE MARSH PERMANENT PRE-FABRICAT 4,621.26
03123 2,167.50APR'21 EVANS PARK PERMANENT PRE-FABRICAT18836188
03086 2,990.00APR'21 PROF SVCS FOR INITIAL STUDY/METIG18863559
03161 23,930.80CIP 21-17 PEACOCK NEIGHBORHOOD RESURFACI18892342
03113 6,740.00MAY'21 LYLE MARSH PERMANENT PRE-FABRICAT18979425
03123 3,855.00MAY'21 CIP21-18 EVANS PARK PERMANENT PRE18979426
02511 78,367.50MAY'21 PROF SVCS AGREEMENT FOR '21-'29 H19053982
Total : 122,672.06
3Page:
Item Title:10.2 Warrant Register
Item Page Number:4
Menifee Mayor and City Council August 4,2021
Page 18 of 385
07/15/2021
Voucher List
City of Menifee
4
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49482 7/16/2021 00241 LSA ASSOCIATES INC 177241 02905 APR'21 PROF SVCS FOR ENVIRONMENTAL CONSU 39,633.90
Total : 39,633.90
49483 7/16/2021 00977 MENIFEE VALLEY BOYS/GIRLS CLUB CK REQ 6/29 02994 CDBG REIMB REQUEST - # 4 2,592.94
Total : 2,592.94
49484 7/16/2021 01031 MENIFEE VALLEY TAEKWONDO ACADE CK REQ 7/6 COMM SVCS INSTRUCTOR PAYMENT 826.70
Total : 826.70
49485 7/16/2021 02074 MUSCO SPORTS LIGHTING, LLC 184592-1 03064 CIP 20-09 CENTENNIAL PARK LIGHTING PROJE 100,819.70
03064 573,385.80CIP 20-09 CITY OF MENIFEE CENTENNIAL PAR184592-2
Total : 674,205.50
49486 7/16/2021 01576 MYERS & SONS HI-WAY SAFETY 117402 03147 P/W SIGN MAINTENANCE & REPLACEMENT 7,083.47
Total : 7,083.47
49487 7/16/2021 01388 NATIONAL BUSINESS FURNITURE MK562730-LES 03208 SEATING FOR KC CENTER 776.07
Total : 776.07
49488 7/16/2021 00706 NPG ASPHALT 19801 P/W MATERIALS & SUPPLIES 121.76
620.64P/W MATERIALS & SUPPLIES19933
896.48P/W MATERIALS & SUPPLIES19971
247.39P/W MATERIALS & SUPPLIES20014
249.11P/W MATERIALS & SUPPLIES20015
1,702.45P/W MATERIALS & SUPPLIES20061
1,136.76P/W MATERIALS & SUPPLIES20062
204.73P/W MATERIALS & SUPPLIES20063
99.94P/W MATERIALS & SUPPLIES20065
87.28P/W MATERIALS & SUPPLIES20079
Total : 5,366.54
49489 7/16/2021 01970 PACIFIC COAST STITCH LLC 1591 CODE ENF UNIFORMS 293.63
Total : 293.63
49490 7/16/2021 00810 PALEO SOLUTIONS, INC.COM-FRE-02 02607 APR'21 ON-CALL PLANNING ENVIRONMENTAL RE 700.00
02607 175.00MAY'21 ON-CALL PLANNING ENVIRONMENTAL RECOM-LEG-01
Total : 875.00
4Page:
Item Title:10.2 Warrant Register
Item Page Number:5
Menifee Mayor and City Council August 4,2021
Page 19 of 385
07/15/2021
Voucher List
City of Menifee
5
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49491 7/16/2021 00822 PCR SERVICES CORPORATION 164295 02611 APR'21 ON-CALL PLANNING ENVIRONMENTAL RE 5,782.50
Total : 5,782.50
49492 7/16/2021 00346 PLACEWORKS, INC.75418 03008 MAY'21 PROFESSIONAL SVCS TO ACCELERATE H 5,817.50
Total : 5,817.50
49493 7/16/2021 00252 PURCHASE POWER 0528-2038 JUN'21 JUN'21 POSTAGE REFILL 3,300.00
Total : 3,300.00
49494 7/16/2021 01497 QUINN RENTAL SERVICES 18171401 COMM SVCS EQUIPMENT RENTAL 160.59
Total : 160.59
49495 7/16/2021 01212 R.J. NOBLE COMPANY 194116 P/W MATERIALS & SUPPLIES 217.48
141.47P/W MATERIALS & SUPPLIES194207
Total : 358.95
49496 7/16/2021 00421 RBF/MICHAEL BAKER CORPORATION 1118573 02722 MAY'21 PROFESSIONAL SERVICES AGT FOR NEW 2,330.00
Total : 2,330.00
49497 7/16/2021 00962 RUTAN & TUCKER, LLP 897317 MAR'21 CITY LEGAL SVCS 2,730.00
157.50MAR'21 CITY LEGAL SVCS897326
Total : 2,887.50
49498 7/16/2021 02170 SHELLPOINT MORTGAGE SERVICING CK REQ 7/8 03327 RENTAL/MORTGAGE ASSISTANCE 9,000.00
Total : 9,000.00
49499 7/16/2021 01610 SKYLINE SAFETY AND SUPPLY 6306 FLEET MATERIALS & SUPPLIES 981.99
Total : 981.99
49500 7/16/2021 01236 SPICER CONSULTING GROUP LLC 0815 02819 MAY'21 SPECIAL DISTRICT ADMIN SVCS 8,236.97
02764 10,000.00FY20/21 BONDED CFD FORMATION & BOND SALE0825
02629 5,000.00FY2020/21 RECOVERABLE CFD ANNEXATION SER0826
02819 8,236.97JUN'21 SPECIAL DISTRICT ADMIN SVCS0839
Total : 31,473.94
49501 7/16/2021 00929 SUPERIOR PAVEMENT MARKINGS,INC 13962 02793 FY 20/21 ON-CALL STRIPING SVCS 8,578.73
02793 23,927.30FY 20/21 ON-CALL STRIPING SVCS13963
02793 41,256.18FY 20/21 ON-CALL STRIPING SVCS14110
5Page:
Item Title:10.2 Warrant Register
Item Page Number:6
Menifee Mayor and City Council August 4,2021
Page 20 of 385
07/15/2021
Voucher List
City of Menifee
6
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 73,762.21 49501 7/16/2021 00929 00929 SUPERIOR PAVEMENT MARKINGS,INC
49502 7/16/2021 00899 T.Y. LIN INTERNATIONAL 102106094 02748 MAY'21 CIP 13-03: HOLLAND RDOVERPASS DES 3,917.10
Total : 3,917.10
49503 7/16/2021 02125 TEST EQUIPMENT DEPOT 0829131-IN 03182 IT NETWORK ETHERSCOPE TOOL 9,576.25
Total : 9,576.25
49504 7/16/2021 00741 U.S. BANK CORP. PYMT. SYSTEM **1632 City Credit Card Charges 304.78
1,960.64City Credit Card Charges**1632
464.81City Credit Card Charges**1632
327.84City Credit Card Charges**1632
488.29City Credit Card Charges**1632
595.00City Credit Card Charges**1632
852.57City Credit Card Charges**1632
1,340.17City Credit Card Charges**1632
1,325.00City Credit Card Charges**1632
635.10City Credit Card Charges**1632
1,669.49City Credit Card Charges**1632
1,543.46City Credit Card Charges**1632
1,000.00City Credit Card Charges**1678
713.60City Credit Card Charges**1678
450.00City Credit Card Charges**1678
284.68City Credit Card Charges**1678
1,250.78City Credit Card Charges**1678
654.13City Credit Card Charges**1678
449.04City Credit Card Charges**1678
626.22City Credit Card Charges**2472
831.94City Credit Card Charges**2472
1,875.27City Credit Card Charges**5047
1,268.92City Credit Card Charges**5047
731.00City Credit Card Charges**5047
617.99City Credit Card Charges**5047
1,273.93City Credit Card Charges**8389
439.19City Credit Card Charges**8389
526.28City Credit Card Charges**8389
899.00City Credit Card Charges**9199
6Page:
Item Title:10.2 Warrant Register
Item Page Number:7
Menifee Mayor and City Council August 4,2021
Page 21 of 385
07/15/2021
Voucher List
City of Menifee
7
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49504 7/16/2021 (Continued)00741 U.S. BANK CORP. PYMT. SYSTEM
505.86City Credit Card Charges**9199
388.45City Credit Card Charges**9199
315.44City Credit Card Charges**9739
420.11City Credit Card Charges**9739
309.80City Credit Card Charges**9739
554.96City Credit Card Charges**9739
391.72City Credit Card Charges**9739
Total : 28,285.46
49505 7/16/2021 00741 U.S. BANK CORP. PYMT. SYSTEM **1016 City Credit Card Charges 0.99
193.15City Credit Card Charges**1632
255.00City Credit Card Charges**1632
128.67City Credit Card Charges**1632
240.00City Credit Card Charges**1632
21.74City Credit Card Charges**2472
52.14City Credit Card Charges**2472
83.99City Credit Card Charges**2472
81.66City Credit Card Charges**2472
60.00City Credit Card Charges**2472
195.24City Credit Card Charges**2472
28.40City Credit Card Charges**2472
130.42City Credit Card Charges**3480
125.00City Credit Card Charges**5047
284.68City Credit Card Charges**5047
21.67City Credit Card Charges**5047
61.65City Credit Card Charges**5047
33.00City Credit Card Charges**7121
14.99City Credit Card Charges**7121
152.21City Credit Card Charges**7121
71.53City Credit Card Charges**8389
72.22City Credit Card Charges**8389
159.86City Credit Card Charges**8389
169.64City Credit Card Charges**8389
111.43City Credit Card Charges**8389
107.85City Credit Card Charges**8389
87.43City Credit Card Charges**8389
7Page:
Item Title:10.2 Warrant Register
Item Page Number:8
Menifee Mayor and City Council August 4,2021
Page 22 of 385
07/15/2021
Voucher List
City of Menifee
8
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49505 7/16/2021 (Continued)00741 U.S. BANK CORP. PYMT. SYSTEM
102.00City Credit Card Charges**9199
120.00City Credit Card Charges**9199
80.00City Credit Card Charges**9739
233.55City Credit Card Charges**9739
119.40City Credit Card Charges**9739
28.47City Credit Card Charges**9739
153.16City Credit Card Charges**9739
53.82City Credit Card Charges**9739
106.03City Credit Card Charges**9962
Total : 3,940.99
49506 7/16/2021 01448 VILLAGE NEWS, INC 10305 ADVERTISING SVCS FOR PUBLIC INFORMATION 250.00
Total : 250.00
49507 7/16/2021 00504 WALLACE & ASSOCIATES 21-04MENIFEE-19-16 03070 MAY'21 19-16 LAZY CREEK RECREATION CENTE 491.00
Total : 491.00
49508 7/16/2021 01524 WRIGHT SEPTIC 32962 FIRESTATION #5 FACILITY MAINTENANCE 485.00
Total : 485.00
49509 7/16/2021 00555 ADAME LANDSCAPING, INC.88961 COMM SVCS PARK MAINTENANCE 515.00
775.00CSA 145 PARK MAINTENANCE88965
Total : 1,290.00
49510 7/16/2021 00612 ALL AMERICAN ASPHALT 194292 02807 MAY'21 CIP 16-13 PUBLIC WORKS MAINTENANC 9,647.34
Total : 9,647.34
49511 7/16/2021 00744 ALLIED TRAFFIC & EQUIP. RENTAL 83526 2015-2 ZONE #1 FACILITY MAINTENANCE 190.31
50.00INDEPENDENCE DAY EVENT SUPPLIES83533
Total : 240.31
49512 7/16/2021 01948 APPLEONE EMPLOYMENT SERVICES 01-5950777 CITY CLERK TEMP EMP SVCS PE 6/12/21 1,020.80
1,020.80CITY CLERK TEMP EMP SVCS PE 6/19/2101-5956592
Total : 2,041.60
49513 7/16/2021 01853 ARTEMIS SELF DEFENSE, LLC 4/17/2021 02732 FY20/21 PRE-ESCALATION & ADVANCED DEFENS 13,958.84
8Page:
Item Title:10.2 Warrant Register
Item Page Number:9
Menifee Mayor and City Council August 4,2021
Page 23 of 385
07/15/2021
Voucher List
City of Menifee
9
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 13,958.84 49513 7/16/2021 01853 01853 ARTEMIS SELF DEFENSE, LLC
49514 7/16/2021 01746 BAY AREA DRIVING SCHOOL, INC CK REQ 7/6 COMM SVCS INSTRUCTOR PAYMENT 54.60
Total : 54.60
49515 7/16/2021 02118 BERG & ASSOCIATES, INC.35501 03205 CIP 19-03 ANTELOPE RD RAISED SAFETY MEDI 3,289.15
Total : 3,289.15
49516 7/16/2021 01975 BIGFOOT GRAPHICS CK REQ 7/6 COMM SVCS INSTRUCTOR PAYMENT 175.00
Total : 175.00
49517 7/16/2021 01933 C BELOW, INC 24921 02790 FY 2020-2021 TRAFFIC SIGNAL SUBSURFACE U 33,260.00
Total : 33,260.00
49518 7/16/2021 00171 CALBO 14268 CALBO MEMBERSHIP DUES 295.00
Total : 295.00
49519 7/16/2021 01511 CANON FINANCIAL SERVICES, INC 26919391 02570 JUN'21 COPIER LEASE SERVICES 7,205.62
02570
Total : 7,205.62
49520 7/16/2021 01725 CITY OF MURRIETA AR048816 03063 DISPATCH SERVICES FOR MENIFEE POLICE DEP 664,342.25
Total : 664,342.25
49521 7/16/2021 01178 DIRECTV LLC 004016741X210616 JUN'21 FIRE STATION #7 SATELLITE SVCS 122.24
Total : 122.24
49522 7/16/2021 00825 DIV. OF THE STATE ARCHITECT CK REQ 7.13 SB1186 FEES QUARTER ENDING MAR'21 277.20
116.80SB1186 FEES QUARTER ENDING JUN'21CK REQ 7.13
Total : 394.00
49523 7/16/2021 00673 DL IMAGING ARINV014010 02752 FY20/21 MILITARY BANNER PROGRAM 15.89
02752 15.89FY20/21 MILITARY BANNER PROGRAMARINV014011
02752 15.89FY20/21 MILITARY BANNER PROGRAMARINV014012
02752 15.89FY20/21 MILITARY BANNER PROGRAMARINV014013
02752 15.89FY20/21 MILITARY BANNER PROGRAMARINV014014
02752 15.89FY20/21 MILITARY BANNER PROGRAMARINV014015
02752 15.89FY20/21 MILITARY BANNER PROGRAMARINV014016
9Page:
Item Title:10.2 Warrant Register
Item Page Number:10
Menifee Mayor and City Council August 4,2021
Page 24 of 385
07/15/2021
Voucher List
City of Menifee
10
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49523 7/16/2021 (Continued)00673 DL IMAGING
02752 101.13FY20/21 MILITARY BANNER PROGRAMARINV014017
Total : 212.36
49524 7/16/2021 01772 DUNN-EDWARDS CORPORATION 2191024635 GRAFFITI ABATEMENT SUPPLIES 174.86
Total : 174.86
49525 7/16/2021 00161 EASTERN MUNICIPAL WATER DIST.239155-02 6/18 JUN'21 SPIRIT PARK WATER SVCS 1,190.16
998.21JUN'21 AMR ROW WATER SVCS249367-02 6/18
617.35JUN'21 AMR ROW WATER SVCS249372-02 6/18
224.16JUN'21 AMR ROW WATER SVCS249373-02 6/18
Total : 3,029.88
49526 7/16/2021 01696 ELECNOR BELCO ELECTRIC, INC 14-0408-07 03215 TRAFFIC SIGNAL MAINTENANCE ANTELOPE RD/S 8,295.55
Total : 8,295.55
49527 7/16/2021 01042 FISHER WIRELESS SERVICES, INC 073219 JUL'21 CITY RADIO CHARGES 232.56
232.56AUG'21 CITY RADIO CHARGES073290
Total : 465.12
49528 7/16/2021 01142 FRONTIER CALIFORNIA INC.213-166-6081 6/16 JUN'21 WEST ANNEX FIOS SVC 290.98
441.52JUN'21 CITY HALL IP CURCUIT MAIN310-150-0013 6/6/21
140.98JUN'21 SENIOR CENTER FIOS SVCS323-159-1679 6/10/21
370.98JUN'21 MENIFEE PD FIOS SVCS323-160-9666 6/7/21
990.00JUN'21 CITY HALL DEDICATED FIBER (EIA)951-197-0298 6/4/21
990.00JUN'21 MENIFEE PD FIOS SVCS951-197-0485 5/28
990.00JUN'21 PD HQ DEDICATED FIBER (EIA951-197-0579 6/4/21
130.98JUN'21 FIRESTATION #7 FIOS SVCS951-679-0060 6/7/21
437.75JUN'21 PW YARD FIOS SVCS951-679-2323 6/6/21
184.66JUN'21 ALARM CITY HALL951-679-3592 6/4/21
118.36JUN'21 LAZY CREEK ALARM SVCS951-679-8153 6/4/21
69.27JUN'21 SENIOR CENTER FIRE ALARM951-679-8460 5/28/21
Total : 5,155.48
49529 7/16/2021 01187 GAMETIME PJI-0147724 03033 PARK AMENITY ENHANCEMENTS TO NOVA PARK 45,423.62
02734 23,134.83CIP16-03 TRAIL ENHANCEMENTS NOVA PARKPJI-0149418
1,541.44AMR CANTILEVER SHADESPJI-0160914
10Page:
Item Title:10.2 Warrant Register
Item Page Number:11
Menifee Mayor and City Council August 4,2021
Page 25 of 385
07/15/2021
Voucher List
City of Menifee
11
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 70,099.89 49529 7/16/2021 01187 01187 GAMETIME
49530 7/16/2021 00139 GHA TECHNOLOGIES INC 101132704 03196 ARUBA ACCESS AND ARUBA CENTRAL LICENSE 4,110.75
03195 22,890.00PALO ALTO PANORAMA LICENSE AND QUICKSTAR101134692
03189 5,328.70PALO ALTO FIREWALLS PA-220 FOR LAZY CREE101134698
03191 7,831.00NETMOTION SOFTWARE LICENSE RENEWAL101135791
03194 2,800.98COMPUTER HARDWARE FOR PD101139038
Total : 42,961.43
49531 7/16/2021 00908 GOSCH AUTO GROUP 1030418 COMM SVCS VEHICLE MAINTENANCE 81.58
Total : 81.58
49532 7/16/2021 01157 HABITAT FOR HUMANITY, INLAND CK REQ 6/30 03044 CDBG 20/21 PROGRAM REIMB REQUEST #1 10,000.00
Total : 10,000.00
49533 7/16/2021 01060 HANK'S HARDWARE & LUMBER INC.N36165 HIDDEN HILLS FACILITY MAINTENANCE 195.71
Total : 195.71
49534 7/16/2021 01734 HOME DEPOT CREDIT SERVICES 7141 6/13 SUPPLIES 5,275.94
Total : 5,275.94
49535 7/16/2021 01969 IE RISING STARS BASKETBALL, ACADEMY CK REQ 7/6 COMM SVCS INSTRUCTOR PAYMENT 574.35
Total : 574.35
49536 7/16/2021 00548 IMPACT PROMOTIONAL PRODUCTS 28390 COMMUNITY DEVELOPMENT EMPLOYEE SHIRTS 148.86
03218 6,897.05EMPLOYEE APPRECIATION GIVEAWAYS28504
Total : 7,045.91
49537 7/16/2021 01043 IMPERIAL SPRINKLER SUPPLY 4709590-00 CSA 145 IRRIGATION SUPPLIES 100.83
72.40CSA 145 IRRIGATION SUPPLIES4710038-00
Total : 173.23
49538 7/16/2021 01471 INFRASTRUCTURE ENGINEERING, CORPORATION13766 02879 MAY'21 CIP 20-12 ADAMS AVENUE STREET IMP 925.00
03087 300.00MAY'21 CIP 21-14 ASH DALE WAY DRAINAGE13767
Total : 1,225.00
49539 7/16/2021 00746 JIM ROGERS LOCK & KEY 18010 PD HEADQUARTERS FACILITY MAINTENANCE 65.00
11Page:
Item Title:10.2 Warrant Register
Item Page Number:12
Menifee Mayor and City Council August 4,2021
Page 26 of 385
07/15/2021
Voucher List
City of Menifee
12
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 65.00 49539 7/16/2021 00746 00746 JIM ROGERS LOCK & KEY
49540 7/16/2021 01341 JOHNSON EQUIPMENT COMPANY 7376 COMM SVCS VEHICLE MAINTENANCE (VEH#619) 1,279.38
Total : 1,279.38
49541 7/16/2021 01331 KOA CORPORATION JC12033-2 03114 MAY'21 CIP 17-01 EVANS PARK PUMP TRACK D 20,660.00
Total : 20,660.00
49542 7/16/2021 01342 LA SIERRA FIRE EQUIPMENT INC 55618MJ PD VEHICLE MAINTENANCE 108.94
Total : 108.94
49543 7/16/2021 00128 LOWES 902354-GYTAZI COMM SVCS FACILITY MAINTENANCE 10.30
103.62CITY HALL FACILITY MAINT902374-GVHLPX
107.60MENIFEE PD FACILITY MAINTENANCE902476-GYDYPX
87.26COMM SVCS FACILITY MAINTENANCE902526-GWMJKL
54.20COMM SVCS SMALL TOOLS AND FIELD EQUIPMEN902566-GZGJCP
13.42MENIFEE PD FACILITY MAINTENANCE902567-GZGJCQ
Total : 376.40
49544 7/16/2021 01885 LYNN PEAVEY COMPANY 380827 MENIFEE PD FORENSIC SUPPLIES 212.06
Total : 212.06
49545 7/16/2021 01891 MATTHEW FAGAN CONSULTING, INC #4 02589 MATTHEW FAGAN - MAR'21 CEQA/ENVIRONMENTA 3,857.50
Total : 3,857.50
49546 7/16/2021 00163 MENIFEE VALLEY CHAMBER OF COMM 07052021-1 02971 FY 20/21 MOU: MENIFEE VALLEY CHAMBER OF 3,375.00
02971 15,375.00FY 20/21 MOU WITH MENIFEE VALLEY CHAMBER07052021-2
Total : 18,750.00
49547 7/16/2021 00474 MEF HOMES, LLC CK REQ 6/17 REFUND VARIOUS DEPOSIT BASED FEES 15,596.36
Total : 15,596.36
49548 7/16/2021 00474 PINEHURST LLC CK REQ 6/17 REFUND VARIOUS DEPOSIT BASED FEES 9,635.60
Total : 9,635.60
49549 7/16/2021 00474 COUNTY OF RIVERSIDE EMERGENCY CK REQ 7/16 FY 2018 SHSP GRANT 5,371.00
Total : 5,371.00
12Page:
Item Title:10.2 Warrant Register
Item Page Number:13
Menifee Mayor and City Council August 4,2021
Page 27 of 385
07/15/2021
Voucher List
City of Menifee
13
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49550 7/16/2021 00474 NATHANIEL COLE CK REQ 6/24 REFUND CLASS REGISTRATION 570.00
Total : 570.00
49551 7/16/2021 00474 SUMMER ASHLEFORD CK REQ 7/7 REFUND CLASS REGISTRATION 270.00
Total : 270.00
49552 7/16/2021 00474 JESSICA YOUNG CK REQ 6/21 REFUND CLASS REGISTRATION 196.00
Total : 196.00
49553 7/16/2021 00474 DENISE RIVERA CK REQ 6/29 REFUND CLASS REGISTRATION 180.00
Total : 180.00
49554 7/16/2021 00474 MELANIE GARZA CK REQ 7/1 REFUND FOR CANCELLED ACTIVITY 144.00
Total : 144.00
49555 7/16/2021 00474 DELFIN HERNANDEZ/ LOBSTER CREW CK REQ 7/13 REFUND BUSINESS LICENSE FEE 95.53
Total : 95.53
49556 7/16/2021 00474 TRACY WRIGHT CK REQ 6/21 REFUND PICNIC SHELTER RESERVATION 95.00
Total : 95.00
49557 7/16/2021 00474 RAELEEN GUITERREZ CK REQ 6/21 REFUND CLASS REGISTRATION 75.00
Total : 75.00
49558 7/16/2021 00474 VALERIE TIMMONS CK REQ 6/29 REFUND CLASS REGISTRATION 45.00
Total : 45.00
49559 7/16/2021 00474 DISCOUNT SERVICE ELECTRIC CK REQ 7/7 REFUND BUSINESS LICENSE FEE 39.00
Total : 39.00
49560 7/16/2021 00474 AMANDA ESPNOZA CK REQ 7/7 REFUND CLASS REGISTRATION 35.00
Total : 35.00
49561 7/16/2021 01058 MONOPRICE INC.21683031 DUAL MONITOR STAND RE-STOCK 1,598.46
Total : 1,598.46
49562 7/16/2021 01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA71690047 PRE-EMPLOYMENT TESTING SVCS 172.50
1,562.00PRE-EMPLOYMENT TESTING SVCS71690712
13Page:
Item Title:10.2 Warrant Register
Item Page Number:14
Menifee Mayor and City Council August 4,2021
Page 28 of 385
07/15/2021
Voucher List
City of Menifee
14
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49562 7/16/2021 (Continued)01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA
1,562.00PRE-EMPLOYMENT TESTING SVCS71764319
103.00PRE-EMPLOYMENT TESTING SVCS71767952
Total : 3,399.50
49563 7/16/2021 01130 O'REILLY AUTO PARTS 4746-223658 COMM SVCS VEHICLE MAINTENANCE 3.23
Total : 3.23
49564 7/16/2021 01843 PARKHOUSE TIRE, INC 2010744605 COMM SVCS VEHICLE TIRES 366.88
1,125.16PD VEHICLE MAINTENANCE2010745134
Total : 1,492.04
49565 7/16/2021 02050 PIT STOP PUB CK REQ 7/7 MEALS FOR SENIOR LUNCHES 837.38
Total : 837.38
49566 7/16/2021 00373 PITNEY BOWES GLOBAL FIN. SERV.3104794138 QTRLY POSTAGE MACHINE LEASE 1,289.61
Total : 1,289.61
49567 7/16/2021 01065 PRUDENTIAL OVERALL SUPPLY 23173707 FLEET MATERIALS & SUPPLIES 33.65
33.65FLEET MATERIALS & SUPPLIES23176747
Total : 67.30
49568 7/16/2021 00006 R&R BUSINESS SOLUTIONS 8662 PRINTING SERVICES 411.71
42.96PRINTING SERVICES8663
650.50PRINTING SERVICES8664
300.77PRINTING SERVICES8665
42.96PRINTING SERVICES8667
39.02PRINTING SERVICES8668
42.96PRINTING SERVICES8670
Total : 1,530.88
49569 7/16/2021 00632 RACEWAY FORD 826999 03268 PD VEHICLE MAINTENANCE (#20-41) 3,823.91
Total : 3,823.91
49570 7/16/2021 00013 READYREFRESH 01F0036688976 CITY HALL BOTTLE WATER SUPPLY 244.98
Total : 244.98
49571 7/16/2021 00386 RIVERSIDE COUNTY AUDITOR AC0000001835 21/22 LAFCO FEES AND ADMIN FEES 7,912.25
14Page:
Item Title:10.2 Warrant Register
Item Page Number:15
Menifee Mayor and City Council August 4,2021
Page 29 of 385
07/15/2021
Voucher List
City of Menifee
15
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 7,912.25 49571 7/16/2021 00386 00386 RIVERSIDE COUNTY AUDITOR
49572 7/16/2021 00261 RIVERSIDE COUNTY FLOOD CONTROL, & WATER CONSERV DISTDI042106B CIP 13-04 BRADLEY BRIDGE CONSTRUCTION 1,000.00
Total : 1,000.00
49573 7/16/2021 00042 S. CALIF. ASSOC. OF GOVTS 06/01/2021 FY 21/22 SCAG ASSESSMENT DUES 10,221.00
Total : 10,221.00
49574 7/16/2021 02133 SATOR SOCCER/THE AYSO STORE 474164 03220 SOCCER GOALS FOR YOUTH SPORTS AND RESIDE 6,847.23
Total : 6,847.23
49575 7/16/2021 00803 SCS ENGINEERS 0407808 02628 MAY'21 ON-CALL ENGINEERING SVCS LAND DEV 637.50
Total : 637.50
49576 7/16/2021 01027 SHI INTERNATIONAL CORP.B13592583 03221 KNOWBE4 CYBERSECURITY AWARENESS TRAINING 35,778.00
Total : 35,778.00
49577 7/16/2021 01453 SIGNS BY TOMORROW 26753 02659 FY20/21 PUBLIC HEARING NOTICE SIGNAGE SE 474.94
02659 480.38FY20/21 PUBLIC HEARING NOTICE SIGNAGE SE26936
Total : 955.32
49578 7/16/2021 01640 SO CAL SHORT LOAD INC 0781 P/W MATERIALS & SUPPLIES 947.50
635.00P/W MATERIALS & SUPPLIES0837
885.00P/W MATERIALS & SUPPLIES0840
Total : 2,467.50
49579 7/16/2021 01663 SONSRAY MACHINERY, LLC W07780-02 03269 P/W SKIP LOADER BLADE REPLACEMENT 3,265.62
Total : 3,265.62
49580 7/16/2021 00046 SOUTHERN CALIFORNIA EDISON 700021216873 5/21/21 MAY'21 CSA 145 IRRIGATION SVCS 955.12
549.17MAY'21 LLMD IRRIGATION SVCS700033176468 6/14/21
53.35MAY'21 CSA 33 STREET LIGHTS SVCS700035766267 6/3/21
2,129.82MAY'21 CSA 86 STREET LIGHT SVCS700036971996 6/1/21
67.51MAY'21 2015-2 ANNEXATION #12 STREET LIGH700055057749 6/7/21
354.08MAY'21 CENTRAL PARK ELECTRIC SVCS700056766363 6/8/21
37.33MAY'21 NEWPORT BRIDGE LIGHT SVCS700088568320 6/8/21
55,908.12MAR'21 ELECTRIC SVCS FOR VARIOUS LOCATIO700158305963 3/31
41.74MAY'21 COMM SHACK DAILY RD ELECTRIC SVC700167267551 6/10/21
15Page:
Item Title:10.2 Warrant Register
Item Page Number:16
Menifee Mayor and City Council August 4,2021
Page 30 of 385
07/15/2021
Voucher List
City of Menifee
16
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49580 7/16/2021 (Continued)00046 SOUTHERN CALIFORNIA EDISON
265.57APR'21 CITY SIGNAL SVCS700178388906 5/28/21
2,367.78MAY'21 SENIOR CENTER ELECTRICAL SVCS700210273412 6/8/21
75.36MAY'21 LLMD ZONE 167 SIGNAL SVCS700228070080 6/4/21
43.80MAY'21 LLMD ZONE 167 SIGNAL SVCS700247913957 6/9/21
81.63MAY'21 LLMD ZONE 167 SIGNAL SVCS700249578216 6/8/21
70.95MAY'21 PARK CITY TC-1 SIGNAL SVCS700253176512 6/8/21
77.65MAY'21 CFD 2017-1 TOWN CENTER TRAFFIC SI700268849486 6/10
39.38MAY'21 CFD 2017-1 TOWN CENTER TRAFFIC SI700268863432 6/10/21
78.94MAY'21 CFD 2017-1 TOWN CENTER TRAFFIC SI700268894249 6/10/21
3,412.77MAY'21 POLICE HEADQUARTERS ELECTRICAL SV700271101708 6/11
56.62MAY'21 AMR SILVERSTAR IRRIGATION SVCS700283505883 6/8/21
103.24MAY'21 CSA 145 IRRIGATION SVCS700285086781 6/3/21
29.59JUN'21 AMR ROW IRRIGATION SVCS700303731902 6/11/21
28.38MAY'21 TOWN CENTER STREETLIGHT SVCS700308269175 6/11/21
74.34MAY'21 MENIFEE RD TC-1 SIGNAL SVCS700316479116 6/3/21
387.43MAY'21 P/W MOC ELECTRICAL SVCS700325024513 6/3/21
82.31MAY'21 HIDDEN HILLS PARK ELECTRIC SVCS700327396565 6/8/21
147.57MAY'21 BRIGGS RD SGNL SVC700351649393 6/7/21
135.38MAY'21 CFD 2012-1 AMR STREETLIGHT SVCS700362876640 6/1/21
56.55MAY'21 CSA 80 STREET LIGHTS700413389590 6/1/21
1,199.43MAY'21 POLICE HEADQUARTERS ELECTRICAL SV700529353801 6/11/21
28.27MAY'21 CSA 84 STREET LIGHT SVCS700548135223 6/1/21
990.70APR'21 CITY SIGNAL SVCS700555228246 6/1/21
743.09MAY'21 LLMD SIGNAL SVCS700559066517 6/1/21
2,534.74MAY'21 CITY SIGNAL SVCS700559501603 6/1
33.97MAY'21 CSA 84 STREET LIGHT SVCS700582740779 6/1
84.74MAY'21 ANTELOPE RD TC-1 SGNL SVC700611879276 6/11
Total : 73,326.42
49581 7/16/2021 00046 SOUTHERN CALIFORNIA EDISON 700058132851 6/8/21 MAY'21 CFD 2015-2 ANNEX 12 SIGNAL SVCS 26.84
10.63MAY'21 NEWPORT BRIDGE IRRIGATION SVCS700085556771 6/8/21
14.60MAY'21 CFD 2014-1 TOWN CENTER IRRIGATION700126333652 6/3
21.09MAY'21 LLMD ZONE 167 SAFETY LIGHTS SVCS700225822815 6/10/21
14.83MAY'21 LLMD ZONE 167 IRRIGATION SVCS700226009741 6/10/21
21.92MAY'21 PARK CITY LS3 SIGNAL SVCS700253167519 6/8/21
14.67MAY'21 CFD 2017-1 TOWN CENTER IRRIGATION700268908801 6/10/21
16Page:
Item Title:10.2 Warrant Register
Item Page Number:17
Menifee Mayor and City Council August 4,2021
Page 31 of 385
07/15/2021
Voucher List
City of Menifee
17
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49581 7/16/2021 (Continued)00046 SOUTHERN CALIFORNIA EDISON
18.82MAY'21 CFD 2015-2 ANNEX 18 STREET LIGHTS700288704174 6/8/21
16.20MAY'21 AMR ROW IRRIGATION SVCS700303753524 6/8/21
14.31MAY'21 LLMD ZONE 3 IRRIGATION700451160986 6/3/21
Total : 173.91
49582 7/16/2021 02033 SUBMARINA MENIFEE CK REQ 7/6 MEALS FOR SENIOR LUNCHES 980.00
Total : 980.00
49583 7/16/2021 01831 TACTICAL MEDICAL SOLUTIONS,LLC INV115179 MENIFEE PDPROTECTIVE DEVICES & ACCESSORI 818.47
Total : 818.47
49584 7/16/2021 02085 TALALAY TENNIS CK REQ 7/6 COMM SVCS INSTRUCTOR PAYMENT 1,162.20
Total : 1,162.20
49585 7/16/2021 02149 TEAM FITZ GRAPHICS 52004 MEDIA BACKDROP FOR MENIFEE PD 1,576.89
Total : 1,576.89
49586 7/16/2021 00098 THE GAS COMPANY 008 125 8251 8 5/25 APR'21 CSA 145 GAS SVCS 4.77
15.75MAY'21 WEST ANNEX/SENIOR CTR GAS SVCS064 825 8334 8 5/25
33.16APR'21 NORTH ANNEX GAS SVCS069 025 8387 8 5/25
30.66JUN'21 PW YARD GAS SVCS071 023 9513 9 6/23
134.38MAY'21 FIRE STATION #76 GAS SVCS114 347 5472 4 6/3
Total : 218.72
49587 7/16/2021 00854 THE LLOYD PEST CONTROL CO, INC 7438420 JUN'21 CITY HALL PEST CONTROL SVCS 75.00
99.00JUN'21 PD HQ PEST CONTROL SVCS7438687
40.00JUN'21 PD HQ PEST CONTROL SVCS7438688
Total : 214.00
49588 7/16/2021 01085 THE SHERWIN-WILLIAMS CO 8666-9 MAYFIELD PARK FACILITY MAINTENANCE 245.29
Total : 245.29
49589 7/16/2021 01585 THOMSON REUTERS- WEST 844451727 02543 MAY'21 PD PUBLIC RECORDS INFORMATION SVC 658.40
Total : 658.40
49590 7/16/2021 00661 TOTAL COMPENSATION SYSTEMS, IN 9509 03299 CITY OF MENIFEE: GASB ACCOUNTING STANDAR 1,530.00
17Page:
Item Title:10.2 Warrant Register
Item Page Number:18
Menifee Mayor and City Council August 4,2021
Page 32 of 385
07/15/2021
Voucher List
City of Menifee
18
9:55:54AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 1,530.00 49590 7/16/2021 00661 00661 TOTAL COMPENSATION SYSTEMS, IN
49591 7/16/2021 01064 TRI STATE MATERIALS INC 96563 COMM SVCS PARK MAINTENANCE 96.98
Total : 96.98
49592 7/16/2021 02120 UNITEDHEALTHCARE, INSURANCE COMPANY JUL2931120821 JUL'21 EMPLOYEE COBRA SUBSIDY 1,911.80
1,911.80JUL'21 EMPLOYEE COBRA SUBSIDYJUL4679446840
Total : 3,823.60
49593 7/16/2021 00189 VERIZON WIRELESS 9883098552 JUN'21 CITY MOBILE DEVICE CHARGES 8,405.48
Total : 8,405.48
49594 7/16/2021 01425 VIDEO APPROACH 2021-035 03326 VIDEO APPROACH VIDEOGRAPHY 3,515.00
Total : 3,515.00
49595 7/16/2021 01119 WEST COAST ARBORISTS INC.173120 COMM SVCS PARK MAINTENANCE 400.00
03270 3,600.00COMM SVCS PARK MAINTENANCE173121
03261 2,850.00TOWN CENTER PALM PRUNING173255
Total : 6,850.00
49596 7/16/2021 02051 WORLDPAC INC 27196321 PD VEHICLE MAINTENANCE 70.44
72.69FLEET MATERIALS & SUPPLIES27726857
62.60FLEET MATERIALS & SUPPLIES27729333
59.16FLEET MATERIALS & SUPPLIES27729870
71.89FLEET MATERIALS & SUPPLIES27844554
237.42FLEET MATERIALS & SUPPLIES27844575
172.07FLEET MATERIALS & SUPPLIES27854948
Total : 746.27
Bank total : 2,378,420.07 145 Vouchers for bank code :uboc
2,378,420.07Total vouchers :Vouchers in this report 145
18Page:
Item Title:10.2 Warrant Register
Item Page Number:19
Menifee Mayor and City Council August 4,2021
Page 33 of 385
Date Paid by:Payee Description Amount
7/9/2021 ACH City Payroll Payroll Period 6/19/2021 - 7/02/2021 851,595.36
7/9/2021 ACH ICMA Payroll Period 6/19/2021 - 7/02/2021 52,921.86
TOTAL PAYROLL:904,517.22$
Date Paid by:Payee Description Amount
7/6/2021 ACH Cardpointe Credit Card Processing Fees June 2021 612.34
7/8/2021 ACH CALPERS - Medical Jul-21 247,791.61 7/8/2021 ACH CALPERS - Retirement Payroll Period 5/22/2021 - 6/05/2021 94,779.50 7/8/2021 ACH CALPERS - Retirement Payroll Period 5/22/2021 - 6/05/2021 65,175.45
7/8/2021 ACH CALPERS - 1959 Survivors Benefit Jul-21 13,432.80
7/8/2021 ACH Union Bank Funding City FSA Account for new hires 14,829.60
TOTAL OTHER EFT'S:436,621.30$
TOTAL PAYMENTS:1,341,138.52$
Payroll Register, Taxes and Other EFT's/Wires
City of Menifee
August 4, 2021
Item Title:10.2 Warrant Register
Item Page Number:20
Menifee Mayor and City Council August 4,2021
Page 34 of 385
City of Menifee
US Bank Credit Card Detail
Jun'21
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**7121 City Card 6/12/2021 City Credit Card Charges LawDepot.com - Legal Documents For Non-Disclosure Agreement Human Resources 33.00 100-4222-51600
**7121 City Card 6/20/2021 City Credit Card Charges Zoom.us - Video & Web Conferencing Service IT 14.99 110-4115-51350
**7121 City Card 6/21/2021 City Credit Card Charges Texas Roadhouse - Meals for CIP Meeting City Manager 96.45 100-4111-51600
**7121 City Card 6/21/2021 City Credit Card Charges Mountain Mike's Pizza - Meals for CIP Meeting City Manager 55.76 100-4111-51600
**9199 City Card 5/28/2021 City Credit Card Charges Microsoft - Exhange Online Subscription Plan IT 152.00 110-4115-51350
**9199 City Card 5/29/2021 City Credit Card Charges Paessler - Network Monitoring Software Subscription IT 899.00 110-4115-51350
**9199 City Card 5/31/2021 City Credit Card Charges Microsoft - Domestic Calling Plan IT 120.00 110-4115-51350
**9199 City Card 6/1/2021 City Credit Card Charges Microsoft - Audio Conferencing License IT 92.00 110-4115-51350
**9199 City Card 6/1/2021 City Credit Card Charges Microsoft - One Drive Submittal License Plan IT 30.00 110-4115-51350
**9199 City Card 6/1/2021 City Credit Card Charges Microsoft - Exhange Online Subscription Plan IT 178.86 110-4115-51350
**9199 City Card 6/1/2021 City Credit Card Charges Microsoft - Microsoft Defender Software Description IT 5.00 110-4115-51350
**9199 City Card 6/1/2021 City Credit Card Charges Microsoft - Audio Conferencing License IT 200.00 110-4115-51350
**9199 City Card 4/13/2021 City Credit Card Charges MyCommerce.com - IT Supplies IT -50.00 100-4221-51600
**9199 City Card 6/15/2021 City Credit Card Charges Horizon Data Systems - Computer Lab Software for Senior Center CDBG 384.00 481-1920-57100
**9199 City Card 6/15/2021 City Credit Card Charges Dollar Tree - Supplies for IT Department IT 4.45 110-4115-51600
**1678 City Card 5/26/2021 City Credit Card Charges Aventri - Problem Oriented Policing Conference Registration M.Turrell & R.Duran M.Turrell & R.Duran 1000.00 100-4911-52211
**1678 City Card 5/27/2021 City Credit Card Charges Delta - Airfare for Problem Oriented Policing Conference M.Turrell M.Turrell 356.80 100-4911-52211
**1678 City Card 5/27/2021 City Credit Card Charges Delta - Airfare for Problem Oriented Policing Conference R.Duran R.Duran 356.80 100-4911-52211
**1678 City Card 6/5/2021 City Credit Card Charges Sheraton - Hotel Accomodations for PD Training J.Adams J.Adams 625.39 100-4911-52211
**1678 City Card 6/5/2021 City Credit Card Charges Sheraton - Hotel Accomodations for PD Training M.Turrell M.Turrell 625.39 100-4911-52211
**1678 City Card 6/8/2021 City Credit Card Charges SkillPath - Business Grammar Training Course Y.Magdaleno Y.Magdaleno 149.00 100-4911-52211
**1678 City Card 6/8/2021 City Credit Card Charges LawEnforcementSocial.com - Media Creation Workshop G.Lozano G.Lozano 80.13 100-4911-52211
**1678 City Card 6/8/2021 City Credit Card Charges IACP - IACP Conference Registration P.Walsh P.Walsh 425.00 100-4911-52211
**1678 City Card 6/9/2021 City Credit Card Charges National Notary Association - Notary Class Registration B.Chavira B.Chavira 449.04 100-4332-52211
**1678 City Card 6/10/2021 City Credit Card Charges Paraclete K9 - Tactical Canine Training J.Santiago J.Santiago 450.00 100-4911-52211
**1678 City Card 6/17/2021 City Credit Card Charges Holiday Inn - Hotel Accomodations for PD Training C.Johnson C.Johnson 284.68 100-4911-52211
**1632 City Card 5/25/2021 City Credit Card Charges Panera Bread - Meals for Community Development Training Community Development 114.39 100-4330-52210
**1632 City Card 5/25/2021 City Credit Card Charges 1-800 Flowers - Sympathy Flowers for Eastvale Councilmember Non-Departmental 80.79 100-4221-51600
**1632 City Card 5/25/2021 City Credit Card Charges The Toll Roads - Replenish City Fleet FastTrak Account Non-Departmental 150.00 100-4221-51600
**1632 City Card 5/26/2021 City Credit Card Charges JBL - Supplies for Broker's Luncheon Economic Development 1960.64 100-4350-51600
**1632 City Card 5/27/2021 City Credit Card Charges 1-800 Flowers - Sympathy Flowers for Eastvale Councilmember Non-Departmental -40.40 100-4221-51600
**1632 City Card 5/28/2021 City Credit Card Charges Canyon Lake Flowers - Sympathy Flowers for Canyon Lake Councilmember Non-Departmental 80.81 100-4221-51600
**1632 City Card 5/28/2021 City Credit Card Charges SurveyMonkey.com - Survey Monkey Subscription for Human Resources Human Resources 384.00 100-4222-52200
**1632 City Card 6/2/2021 City Credit Card Charges Mr. Arash - Photography Services for Community Services Community Services 825.00 100-4660-51410
**1632 City Card 6/2/2021 City Credit Card Charges Fairfield Inn & Suites - Banquet Room Rental for Menifee PD Awards Ceremony Menifee PD 500.00 100-4911-52210
**1632 City Card 6/4/2021 City Credit Card Charges Detail Garage of Murrieta - Fire Department Vehicle Maintenance Fleet 506.82 115-4445-52503
**1632 City Card 6/4/2021 City Credit Card Charges American Heart Association - CPR Supplies for Fire Department Fire Department 500.00 100-4445-51600
**1632 City Card 6/4/2021 City Credit Card Charges 1-800 Flowers - Sympathy Flowers for D.Gutierrez Non-Departmental 101.10 100-4221-51600
**1632 City Card 6/4/2021 City Credit Card Charges Michaels - Custom Frames for Community Development Community Development 435.54 100-4330-51600
**1632 City Card 6/5/2021 City Credit Card Charges Statewide Mini Storage - Additional Storage For Community Services Community Services 255.00 100-4660-51600
**1632 City Card 6/8/2021 City Credit Card Charges S&S Worldwide - Supplies For Summer Camp Program Community Services 128.67 100-4660-51011
**1632 City Card 6/9/2021 City Credit Card Charges Menifee Cleaners - Dry Clean Table Cloths for Economic Development Economic Development 40.00 100-4350-51600
**1632 City Card 6/9/2021 City Credit Card Charges Constant Contact - Constant Contact Membership for Economic Development Economic Development 200.00 100-4350-51720
**1632 City Card 6/10/2021 City Credit Card Charges Sticker Mule - Marketing Supplies for Economic Development Economic Development 252.84 100-4350-51600
**1632 City Card 6/10/2021 City Credit Card Charges California Park & Recreation Society - Job Advertising for Recreation Coordinator Human Resources 75.00 100-4222-50428
**1632 City Card 6/14/2021 City Credit Card Charges B&H Photo - Stage Riser for City Manager Events City Manager 488.29 100-4111-51600
Item Title:10.2 Warrant Register
Item Page Number:21
Menifee Mayor and City Council August 4,2021
Page 35 of 385
City of Menifee
US Bank Credit Card Detail
Jun'21
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**1632 City Card 6/16/2021 City Credit Card Charges CPS Human Resource Service - Recruitment & Selection Training C.Loera C.Loera 184.00 100-4222-52211
**1632 City Card 6/16/2021 City Credit Card Charges CPS Human Resource Service - Examination Development Training C.Loera C.Loera 284.00 100-4222-52211
**1632 City Card 6/16/2021 City Credit Card Charges BJ's Restaurant - City Council Dinner City Council 127.00 100-4110-51600
**1632 City Card 6/17/2021 City Credit Card Charges Panera Bread - Meals for Sergeant Recruiting Exam Human Resources 102.57 100-4222-50428
**1632 City Card 6/17/2021 City Credit Card Charges Pepperdine University - Virtual Public Engagement Training D.Samario D.Samario 750.00 100-4111-52211
**1632 City Card 6/19/2021 City Credit Card Charges Zoro Tools - Fire Marshall Small Tools & Field Equipment Fire Marshall 1340.17 100-4446-51500
**1632 City Card 6/21/2021 City Credit Card Charges New York Upper Crust Pizza - Meals for City Manager Meeting City Manager 193.15 100-4111-52211
**1632 City Card 6/22/2021 City Credit Card Charges Murrieta Chamber of Commerce - Tickets to Murrieta State of the City A.Villa,R.Clayton,D.Samario & I.Huerta City Manager 100.00 100-4111-52210
**1632 City Card 6/22/2021 City Credit Card Charges Murrieta Chamber of Commerce - Tickets to Murrieta State of the City L.Sobek, D.Deins & B.Zimmerman City Council 75.00 100-4110-52210
**1632 City Card 6/22/2021 City Credit Card Charges Murrieta Chamber of Commerce - Tickets to Murrieta State of the City G.Gonzalez G.Gonzalez 25.00 100-4350-52210
**1632 City Card 6/22/2021 City Credit Card Charges Murrieta Chamber of Commerce - Tickets to Murrieta State of the City P.Walsh P.Walsh 25.00 100-4911-52210
**1632 City Card 6/22/2021 City Credit Card Charges Staples - Supplies for Broker's Luncheon Economic Development 24.04 100-4350-51600
**1632 City Card 6/22/2021 City Credit Card Charges Michael's - Supplies for Broker's Luncheon Economic Development 5.43 100-4350-51600
**1632 City Card 6/22/2021 City Credit Card Charges Sun City Florist - Decorations for Broker's Luncheon Economic Development 380.63 100-4350-51600
**1632 City Card 6/23/2021 City Credit Card Charges SurveyMonkey.com - Survey Monkey Subscription for City Manager, Economic Development & PD City Manager 900.00 100-4111-51410
**1632 City Card 6/23/2021 City Credit Card Charges Nothing Bundt Cakes - Meals for Broker's Luncheon Economic Development 151.20 100-4350-51600
**1632 City Card 6/23/2021 City Credit Card Charges Crestline - Supplies for Economic Development Economic Development 618.29 100-4350-51600
**2472 City Card 5/25/2021 City Credit Card Charges Association of Environmental Professionals - California Environmental Quality Act Guideline Books Economic Development 56.24 100-4350-51600
**2472 City Card 6/3/2021 City Credit Card Charges Studio Alure - Headshots for Economic Development Staff Economic Development 139.00 100-4350-51720
**2472 City Card 6/4/2021 City Credit Card Charges The Coffeee Bean & Tea Leaf - Meals for Economic Development Meeting Economic Development 25.05 100-4350-51600
**2472 City Card 6/4/2021 City Credit Card Charges The Coffeee Bean & Tea Leaf - Meals for Economic Development Meeting Economic Development 3.35 100-4350-51600
**2472 City Card 6/10/2021 City Credit Card Charges Land's End Outfitters - Economic Development Employee Shirts Economic Development 58.00 100-4350-51600
**2472 City Card 6/10/2021 City Credit Card Charges Black Bear Diner - Meals for Mayor's Industry Talk Economic Development 568.22 100-4350-51600
**2472 City Card 6/16/2021 City Credit Card Charges Amazon - Supplies For Economic Development Economic Development 21.74 100-4350-51600
**2472 City Card 6/17/2021 City Credit Card Charges The Chef's Grill - Meals for Economic Development Meeting Economic Development 52.14 100-4350-51600
**2472 City Card 6/19/2021 City Credit Card Charges Amazon - Economic Development Employee Shirts Economic Development 19.56 100-4350-51600
**2472 City Card 6/19/2021 City Credit Card Charges Crate & Barrel - Supplies for Economic Development Economic Development 64.43 100-4350-51600
**2472 City Card 6/20/2021 City Credit Card Charges Stater Bros - Supplies for Economic Development Economic Development 81.66 100-4350-51600
**2472 City Card 6/21/2021 City Credit Card Charges Gracie's Lunchbox - Meals for Menifee PD Swearing In Ceremony Menifee PD 831.94 100-4911-51600
**2472 City Card 6/23/2021 City Credit Card Charges Southfork Catering - Meals for Economic Development Meeting Economic Development 60.00 100-4350-51700
**9962 City Card 6/2/2021 City Credit Card Charges Gracie's Lunchbox - City Council Dinner City Council 106.03 100-4110-51600
**3480 City Card 6/14/2021 City Credit Card Charges Menifee Pizza Factory - Meals for Finance Department Training Finance 130.42 100-4220-52210
**9739 City Card 5/27/2021 City Credit Card Charges Hidalgo Flowers - Decorations for Memorial Day Event Community Services 80.00 100-4660-51700 21-memday
**9739 City Card 6/1/2021 City Credit Card Charges LookOurWay.com - Banners For Healthy Menifee Program Community Services 200.21 100-4660-51300
**9739 City Card 6/1/2021 City Credit Card Charges Home Depot - Supplies for Healthy Menifee Program Community Services 115.23 100-4660-51011
**9739 City Card 6/3/2021 City Credit Card Charges CrowdManagers.com - Crowd Manager Training for Various Employees Community Services 79.80 100-4660-52211
**9739 City Card 6/3/2021 City Credit Card Charges ISA - International Society of Arboriculture Membership B.Howell Community Services 230.00 100-4660-52200
**9739 City Card 6/4/2021 City Credit Card Charges Elephant Fire Extinguisher - Fire Extinguishers for Independence Day Event Community Services 195.00 100-4660-51700 21-Indday
**9739 City Card 6/4/2021 City Credit Card Charges Champion Trophy - Supplies for Youth Leaders Banquet Community Services 359.96 100-4660-51011
**9739 City Card 6/8/2021 City Credit Card Charges Statewide Mini Storage - Additional Storage For Community Services Community Services 188.00 100-4660-51600
**9739 City Card 6/8/2021 City Credit Card Charges Riverside County Health Department - Health Permits for Menifee Moonlight Market Community Services 199.00 100-4660-51700
**9739 City Card 6/8/2021 City Credit Card Charges Riverside County Health Department - Health Permits for Menifee Moonlight Market Community Services 4.72 100-4660-51700
**9739 City Card 6/10/2021 City Credit Card Charges Submarina - Meals For Summer Camp Training Community Services 233.55 100-4660-51011
**9739 City Card 6/12/2021 City Credit Card Charges Canva.com - Canva Marketing Subscription for Community Services Community Services 119.40 100-4660-51410
**9739 City Card 6/14/2021 City Credit Card Charges Dollar Tree - Supplies for Little Learners Program Community Services 28.47 100-4660-51011
**9739 City Card 6/15/2021 City Credit Card Charges Michaels - Supplies for Campfire Program Community Services 153.16 100-4660-51011
Item Title:10.2 Warrant Register
Item Page Number:22
Menifee Mayor and City Council August 4,2021
Page 36 of 385
City of Menifee
US Bank Credit Card Detail
Jun'21
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**9739 City Card 6/18/2021 City Credit Card Charges Domino's - Meals for Menifee Moonlight Market Staff Community Services 53.82 100-4660-51700
**9739 City Card 6/23/2021 City Credit Card Charges Jungle Jim's Adventure Island - Tickets for Trampoline Park for Summer Field Trip Community Services 381.00 100-4660-51700
**9739 City Card 6/23/2021 City Credit Card Charges Party City - Decorations for Broker's Luncheon Economic Development 39.11 100-4350-51600
**1016 City Card 6/22/2021 City Credit Card Charges Apple, Inc. - Extra Storage for City Manager Iphone City Manager 0.99 100-4111-51600
**5047 City Card 5/26/2021 City Credit Card Charges Grainger - Menifee PD Materials & Supplies Menifee PD 1875.27 100-4911-51501
**5047 City Card 5/27/2021 City Credit Card Charges Elite K9 - Canine Supplies for Menifee PD Menifee PD 1246.92 100-4911-52753
**5047 City Card 5/27/2021 City Credit Card Charges MailChimp - Mailchimp Subscription for Menifee PD Menifee PD 22.00 100-4911-51720
**5047 City Card 6/2/2021 City Credit Card Charges J.Higgins - Flags for Menifee PD Menifee PD 565.00 100-4911-51501
**5047 City Card 6/2/2021 City Credit Card Charges MailChimp - Mailchimp Subscription for Menifee PD Menifee PD 52.99 100-4911-51720
**5047 City Card 6/8/2021 City Credit Card Charges Kahoots - Canine Supplies for Menifee PD Menifee PD 61.65 100-4911-52753
**5047 City Card 6/10/2021 City Credit Card Charges California CLETS User Group - CCUG Membership for D.Robertson D.Hawkins D.Robertson & D.Hawkins 125.00 100-4911-52200
**5047 City Card 6/15/2021 City Credit Card Charges San Bernardino Sheriff - Traffic Collision Investigation Training A.Whaley A.Whaley 206.00 100-4911-52211
**5047 City Card 6/15/2021 City Credit Card Charges California CLETS User Group - CLETS Conference Registration D.Hawkins D.Hawkins 525.00 100-4911-52211
**5047 City Card 6/17/2021 City Credit Card Charges Holiday Inn - Hotel Accomodations for PD Training C.Park C.Park 284.68 100-4911-52211
**5047 City Card 6/22/2021 City Credit Card Charges Postal Annex - Postage for Menifee PD Menifee PD 21.67 100-4911-51200
**8389 City Card 5/25/2021 City Credit Card Charges Kraft Tool - Public Works Small Tools & Field Equipment Public Works 71.53 200-4552-51500
**8389 City Card 5/27/2021 City Credit Card Charges OnlineComponents.com - Public Works Equipment Maintenance Fleet 72.22 115-4552-52500
**8389 City Card 5/28/2021 City Credit Card Charges Galls - Public Works Materials & Supplies Public Works 1273.93 200-4552-51501
**8389 City Card 5/29/2021 City Credit Card Charges Zoro Tools - Public Works Materials & Supplies Public Works 159.86 200-4552-51501
**8389 City Card 6/1/2021 City Credit Card Charges Traffic Safety Warehouse - Public Works Sign Maintenance & Replacement Public Works 439.19 200-4552-51502
**8389 City Card 6/7/2021 City Credit Card Charges Tool Discounter - Fleet Small Tools & Field Equipment Fleet 111.43 115-4117-51500
**8389 City Card 6/8/2021 City Credit Card Charges Zip's Truck Equipment - Public Works Vehicle #240 Maintenance Fleet 107.85 115-4552-52503
**8389 City Card 6/9/2021 City Credit Card Charges Etrailer - Community Services Vehicle Maintenance Fleet 87.43 115-4660-52503
**8389 City Card 6/10/2021 City Credit Card Charges Abolox Tools - Fleet Small Tools & Field Equipment Fleet 526.28 115-4117-51500
**8389 City Card 6/15/2021 City Credit Card Charges Tooltopia - Fleet Small Tools & Field equipment Fleet 169.64 115-4117-51500
32226.45
Item Title:10.2 Warrant Register
Item Page Number:23
Menifee Mayor and City Council August 4,2021
Page 37 of 385
CITY OF MENIFEE
SUBJECT: Agreement for Menifee Redistricting 2021/22 Process
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Financial Services Manager
REVIEWED BY: Sarah A. Manwaring, City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute a Professional Services
Agreement with Bear Demographics & Research in an amount not-to-exceed $64,000 for City
of Menifee fiscal year 2021/22 redistricting project.
DISCUSSION
California Elections Code requires all cities to redistrict after each Federal decennial census.
That census must be used as a basis so that the districts shall be as nearly equal in population
as may be possible, and to “comply with the applicable provisions of Section 1965 of Title 52 of
the United States Code, as amended (the Voting Rights Act). With the recent completion of the
2020 census, Menifee, similar to all other municipalities that hold district elections, will go through
the redistricting process in the upcoming months. The process will be completed and a new
district map will be adopted by April 2022.
The redistricting process is a collaborative process with a strong focus and emphasis on
community engagement. Community workshops and outreach are incorporated throughout the
process. Before adoption of a final district map, a minimum of a least four public hearings will be
held.
The City issued a Request for Proposals (RFP) requesting professional consulting services to
support the redistricting process in March 2021. The RFP was posted on the City’s electronic
bidding portal, PlanetBids. The City received proposal responses to the RFP from three consulting
firms. An evaluation committee consisting of key city staff analyzed the three proposals. The
evaluation criteria included qualifications of the firm (30%), proposed team and organization
(15%), proposed project approach (40%) and cost proposal (15%). Following the initial review of
proposals, all three proposals were invited for finalist interviews. A summary of the RFP evaluation
is provided in the tables below:
Item Title:10.3 Agreement for Menifee Redistricting 2021/22 Process
Item Page Number:1
Menifee Mayor and City Council August 4,2021
Page 38 of 385
City of Menifee Staff Report
Agreement for Menifee Redistricting 2021/22 Process
August 4, 2021
Page 2 of 2
6
2
3
Proposal Evaluation:
Firm Name Cost ($)
Proposal
Proposal Initial
Review (Maximum
Points – 100)
Interview Finalist
Bear Demographics $64,000 86.17 Yes
National Demographics $75,000 85.50 Yes
Redistricting Partners $42,000*85.67 Yes
*Excludes costs of additional options (enhanced mapping tools etc)
Interview Finalist Evaluation:
Firm Name Interview Evaluations
(Maximum Points- 45)
Bear Demographics 38.97
National Demographics 30.27
Redistricting Partners 36.97
Based on the proposals initial review and finalist interviews, Bear Demographics’ proposal
received the overall highest scoring, particularly in the “Proposed Team and Organization” and
“Qualifications of the Firm” categories. The proposed team has extensive experience and
familiarity with redistricting requirements. Additionally, in completing its due diligence, staff has
received positive feedback on performance and experience with Bear Demographics’ key team
from other agencies.
This is the first step in the Redistricting process. Staff, along with Bear Demographics, will come
back to Council to present an outline of the full process.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
The fiscal impact of the professional services agreement with Bear Demographics for the
redistricting project is $64,000 and will be funded from available funds included as part of the
fiscal year 21/22 adopted budget, specifically within Account #100-4113-52800 (Professional
Services). No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Professional Services Agreement with Bear Demographics for Menifee Redistricting Process
Item Title:10.3 Agreement for Menifee Redistricting 2021/22 Process
Item Page Number:2
Menifee Mayor and City Council August 4,2021
Page 39 of 385
2671/031858-0001
7630421.2 a07/14/21
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE REDISTRICTING CONSULTANT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE,
a California municipal corporation, (“City”) and BEAR DEMOGRAPHICS & RESEARCH
LLC, a Single Member LLC (“Consultant”). City and Consultant may sometimes herein be
referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 4, 2021 and
shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Item Title:10.3 Agreement for Menifee Redistricting 2021/22 Process
Item Page Number:3
Menifee Mayor and City Council August 4,2021
Page 40 of 385
2671/031858-0001
7630421.2 a07/14/21 -2-
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County,
and local emergency orders, directives, protocols, and best practices related to the COVID-19
pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed SIXTY FOUR THOUSAND
DOLLARS AND ZERO CENTS ($64,000.00) notwithstanding any contrary indications that
may be contained in Consultant’s proposal, for the Services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit
A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant
for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for the Services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized in advance by City, Consultant shall not bill
City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
Item Title:10.3 Agreement for Menifee Redistricting 2021/22 Process
Item Page Number:4
Menifee Mayor and City Council August 4,2021
Page 41 of 385
2671/031858-0001
7630421.2 a07/14/21 -3-
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
Item Title:10.3 Agreement for Menifee Redistricting 2021/22 Process
Item Page Number:5
Menifee Mayor and City Council August 4,2021
Page 42 of 385
2671/031858-0001
7630421.2 a07/14/21 -4-
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
Item Title:10.3 Agreement for Menifee Redistricting 2021/22 Process
Item Page Number:6
Menifee Mayor and City Council August 4,2021
Page 43 of 385
2671/031858-0001
7630421.2 a07/14/21 -5-
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
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d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: CITY
OF MENIFEE REDISTRICTING CONSULTANT SERVICES. The name and address for
Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of
Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured
for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
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Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
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indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Consultant’s employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
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scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
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or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
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any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Andrew Westall, Principal & Owner (“Consultant’s Representative”). The
Consultant’s Representative shall have full authority to represent and act on behalf of Consultant
for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct
the Services, using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences, and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Sarah Manwaring, City Clerk (“Contract Administrator”). All correspondence shall be
directed to or through the Contract Administrator or his designee. The Contract Administrator
shall have the power to act on behalf of City for all purposes under this Agreement. Unless
otherwise provided in this Agreement, Consultant shall not accept direction or orders from any
person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
BEAR DEMOGRAPHICS & RESEARCH LLC
Attn: Andrew Westall, Principal & Owner
4928 SANCOLA AVENUE
LOS ANGELES, CA 91601
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Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Sarah Manwaring, City Clerk
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
Signature of Registered Professional with report/design responsibility,” as in the following
example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
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10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Andrew Westall, Principal & Owner
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide Redistricting Consultant Services in the amount not to exceed SIXTY
FOUR THOUSAND DOLLARS AND ZERO CENTS ($64,000.00) as further detailed in the
following page(s).
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EXHIBIT A
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CITY OF MENIFEE
SUBJECT: Agreement with County of Riverside for Space Use and
Provision of County's Workforce Development Services
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Kayla Charters, Management Analyst
REVIEWED BY: Gina Gonzalez, Economic Development Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Memorandum of Understanding with
the County of Riverside for Space Use (Kay Ceniceros Senior Center) and Provision of
County's Workforce Development Services at the Temporary Menifee Employment Center.
DISCUSSION
Background
On June 17, 2020, the Menifee City Council adopted Resolution No. 20-923 approving a
substantial amendment to the Community Development Block Grant (CDBG) Program for
Program Year 2019/2020. The Resolution authorized an increase in revenue and appropriation
of expenditures in the amount of $307,232 resulting from an acceptance of CDBG-CV (Corona
Virus) funds (part of the federal governments Coronavirus Aid, Relief, and Economic Security
(CARES) Act funding directed at projects that assist communities, particularly low-to-moderate
income, in preventing or responding to COVID-19).
Within those funds, $50,000 was proposed to be used between the City’s Economic Development,
Community Development and Community Services Departments to address workforce
development needs in Menifee. These funds were intended to help the City reduce the
unemployment rate, provide much-needed resources after unemployment benefits run out from
the pandemic, and to provide assistance on underemployment needs.
An internal city staff committee, consisting of Economic Development, Information Technology,
Community Development and Community Services, have been collaborating to bring the
temporary Menifee Employment Center to fruition. The computer lab in the Kay Ceniceros Senior
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Center has been upgraded to serve the needs of job seekers. Enhancements to the computer lab
include: 10 new computers and monitors with webcams attached, a mounted screen for
workshops, electrical installation, a printer/scanner, new software to remove confidential files
upon restart for added security measures, office products (Word, Excel, PowerPoint) and a station
for staff. Of the $50,000 budgeted for this project, $23,405.64 has been expended to date.
The City’s Economic Development Department recommends partnering with Riverside County’s
Workforce Development Public Services (County) to provide support, training, equipment,
supplies, materials and staff necessary to assist residents and the temporary employment center
with personal guided job search assistance, counseling, career advice, computer access, or
training needed to make job placement quick and easy.
The County has restructured its employment assistance services and centers so that, instead of
residents searching out for employment centers, the County will now multiply mobile locations
and offer rotating services in the region. This will create to create a larger impact by residents
not having to travel as far for services, with Menifee’s temporary employment center being their
first location.
Memorandum Of Understanding
The Memorandum of Understanding (MOU) between the City of Menifee and the County details
the partnership between the County on employment services for Menifee and regional job
seekers. The County will be providing a minimum of one employee for a half day, two days per
week to provide development services for job seekers, including but not limited to one-on-one job
consulting, work readiness workshops, and trainings. The specific hours and dates shall be
mutually agreed upon by both parties as we the end of Summer. The term of the MOU is from
July 1, 2021 to June 30, 2022 and can be extended by written notice for one additional year
through June 30, 2023 if approved by the City Manager in writing. Either party may terminate the
MOU by providing 60 day written notice of termination to the other party.
The attached MOU between the City and County has been approved by Riverside County
Counsel and signed by Riverside County’s Workforce Development Public Services department.
Once approved by the Menifee City Council, it will have to also be approved by the Riverside
County Board of Supervisors to become effective.
In anticipation of federal and state changes to unemployment needs, City of Menifee’s internal
committee began meeting with Riverside County Workforce Development to coordinate details of
launching the Menifee Employment Center. County Workforce Development staff are currently
underway in the hiring process to bring staff on to host at the new mobile locations as part of the
County’s new program, which is estimated to take a few months to on-board, train and provide
necessary certifications or tools needed for the employment center. The Menifee Employment
Center is estimated to open between end of September start of October 2021 when staff is fully
on-boarded and trained.
Since funding for the temporary Menifee Employment Center program is derived from federal
CDBG-CV funds, all funded activities must meet the CDBG eligibility requirements and are subject
to an “Authorization to Release Information,” in a format approved by both the County for each
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participant. The County Workforce staff will provide the City’s CDBG Program with participant
information for tracking purposes to meet both the City’s CDBG program requirements and the
County’s federal workforce information requirements.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community.
The MOU between the City and County to service the Temporary Menifee Employment Center
will assist the City in fostering a robust economy through employment opportunities and trainings.
FISCAL IMPACT
There is no additional budget appropriation needed with the recommended action, as funding for
the initial set-up of the Temporary Menifee Employment Center was previously approved by the
City Council as part of the CDBG-CV funds. There are no costs to the City of Menifee associated
with the Workforce Development Services, as those are covered by the County of Riverside’s
programming.
ATTACHMENTS
1. MOU with the County of Riverside for Temporary Employment Center
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CITY OF MENIFEE
SUBJECT: Agreement with JPW Communications, LLC for Menifee
Matters Magazine
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Financial Services Manager
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute a professional services
agreement with JPW Communications, LLC in an amount not-to-exceed $49,700 for fiscal
year 2021/22 Menifee Matters development and publication services.
DISCUSSION
Menifee Matters is the City’s community-wide newsletter intended to keep the community
informed and engaged regarding the operations, programs and activities of the City. Mailed out
three times a year, the approximately 20-page newsletter provides comprehensive information on
everything from upcoming community clean-up events to new infrastructure projects that are
underway.
The City Manager’s Office, via the Public Information Officer in collaboration with various
departments, work together with the professional media consultant, JPW Communications, LLC,
to put together the content and publish Menifee Matters. Following completion of a competitive
Request for Proposals process completed in the spring of 2018, the City has utilized JPW
Communications, LLC for content development and publication services. JPW Communications,
LLC has provided excellent services with respect to Menifee Matters over the past few years.
Importantly, the City will be increasing the number of issues from three to four in the current fiscal
year.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Government
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City of Menifee Staff Report
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FISCAL IMPACT
The fiscal impact of the professional services agreement with JPW Communications, LLC is
$49,700. Associated costs have been included as part of the adopted Fiscal Year 2021/22 budget,
within the City Manager’s Office under Account #100-4111-52800 (Professional Services).
No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Agreement with JPW Communications, LLC
Item Title:10.5 Agreement with JPW Communications,LLC for Menifee Matters Magazine
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY21/22 MENIFEE MATTERS: DEVELOPMENT & PUBLICATION SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE,
a California municipal corporation, (“City”) and JPW COMMUNICATIONS, LLC, a Limited
Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred
to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on July 1, 2021 and
shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County,
and local emergency orders, directives, protocols, and best practices related to the COVID-19
pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed FORTY NINE THOUSAND
SEVEN HUNDRED DOLLARS AND ZERO CENTS ($49,700.00) notwithstanding any
contrary indications that may be contained in Consultant’s proposal, for the Services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement
shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at
the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services performed by
more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
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limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
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b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
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d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference:
FY21/22 MENIFEE MATTERS: DEVELOPMENT & PUBLICATION SERVICES. The
name and address for Additional Insured endorsements, Certificates of Insurance and Notice of
Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed
as an additional insured for liability arising out of ongoing and completed operations by or on
behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
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insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
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5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
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of California, will be the minimum paid to all laborers, including Consultant’s employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Jennifer L. Windle, Founder & President (“Consultant’s Representative”). The
Consultant’s Representative shall have full authority to represent and act on behalf of Consultant
for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct
the Services, using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences, and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Dominique Samario, PIO (“Contract Administrator”). All correspondence shall be
directed to or through the Contract Administrator or his designee. The Contract Administrator
shall have the power to act on behalf of City for all purposes under this Agreement. Unless
otherwise provided in this Agreement, Consultant shall not accept direction or orders from any
person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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JPW COMMUNICATIONS, LLC
Attn: Jennifer L. Windle, Founder & President
2710 LOKER AVE W. SUITE 300
CARLSBAD, CA 92010
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Dominique Samario, PIO
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
Signature of Registered Professional with report/design responsibility,” as in the following
example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Jennifer Windle, President & Managing
Member
Leslie Spring, Senior Communications
Manager
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
SCOPE OF SERVICES
Services shall include, but are not limited, to content development/publication services of Menifee
Matters in the amount not to exceed FORTY NINE THOUSAND SEVEN HUNDRED
DOLLARS AND ZERO CENTS ($49,700.00) and as further detailed in the following pages.
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CITY OF MENIFEE
SUBJECT: Agreement with Pinnacle Training Systems for Wellness
Program for Police Department
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Financial Services Manager
REVIEWED BY: Pat Walsh, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize City Manager to execute professional services agreement in an
amount not to exceed $60,126.10 with Pinnacle Training Systems for Menifee Police
Department Wellness Program for fiscal years 2020/21 and 2021/22; and
2. Authorize City Manager to execute three (3) additional one year amendments, at the City’s
discretion, in the not-to-exceed annual amount of $43,000 per year.
DISCUSSION
Integral to the operations of the Menifee Police Department is ensuring a robust training, health
and wellness program is in place. In doing so, the City proactively invests in its public safety
workforce thereby fortifying the physical, mental, and emotional health of the first responder staff
who regularly encounter dangerous situations while protecting and serving the Menifee
community. Agencies across the country, more and more, are recognizing the importance of
monitoring and tending to employees’ health and wellness.
Pinnacle Training Systems (PTS) is a professional consultant specialized in health and wellness
programs for local law enforcement agencies across the country. Their programs and services
are focused on local law enforcement health and training, with a unique approach addressing
blood work, flexibility, heart rate, and body mass. Pinnacle has provided the City with a proposal
for health and wellness training services for Fiscal Year 2020/21 and 21/22, for a total cost of
$60,126.10. Additionally, Pinnacle’s proposal also includes annual pricing through FY24/25,
should the City elect to continue to use Pinnacle beyond FY2021/22.
Item Title:10.6 Agreement with Pinnacle Training Systems for Wellness Program for Police Department
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City of Menifee Staff Report
Approve Professional Services Agreement with Pinnacle Training Systems for Wellness
Program
August 4, 2021
Page 2 of 2
6
2
5
This item was initially approved through the City’s insurance agency, California Intergovernmental
Risk Authority (CIRA, formerly PARSAC), to begin in March of 2021. However, it was discovered
that the City must first pay for the training and subsequently be reimbursed by CIRA. Therefore,
staff is requesting a ratification of the contract for March to June 2021 of last fiscal year and the
City will be fully reimbursed for the FY2020/2021 expenditures.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The fiscal impact of the proposed professional services agreement is $60,126.10. If elected, the
additional three (3) one year renewal options would be an additional $43,000 per year or
$105,000, for an aggregate fiscal impact of $189,126.10 over the five (5) years.
The costs for the Fiscal Year 2020/21 of $26,126.20 will be fully funded through a reimbursement
grant from the City’s risk pool, CIRA. Expenditures related to the FY2020/21 services will be paid
within available funds in Account #100-4911-52211 (Training).
Costs for services for Fiscal Year 2021/22 have been budgeted as part of the department’s
operating expenses, within Account #100-4911-52800 (Professional Services). Costs for the
optional three (3) year renewal options will be budgeted as part of the corresponding years’
budget.
No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Professional Services Agreement with Pinnacle Training Systems
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT HEALTH AND WELLNESS TRAINING
SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE,
a California municipal corporation, (“City”) and PINNACLE TRAINING SYSTEMS, a Single
Member LLC (“Consultant”). City and Consultant may sometimes herein be referred to
individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on March 1, 2021 and
shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County,
and local emergency orders, directives, protocols, and best practices related to the COVID-19
pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed SIXTY THOUSAND ONE
HUNDRED TWENTY SIX DOLLARS AND TEN CENTS ($60,126.10) notwithstanding any
contrary indications that may be contained in Consultant’s proposal, for the Services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement
shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at
the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services performed by
more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees
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and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
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against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
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right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference:
MENIFEE POLICE DEPARTMENT HEALTH AND WELLNESS TRAINING
SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance
and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must
be endorsed as an additional insured for liability arising out of ongoing and completed operations
by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
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During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
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5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
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of California, will be the minimum paid to all laborers, including Consultant’s employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Felicia Gomez, Owner (“Consultant’s Representative”). The Consultant’s
Representative shall have full authority to represent and act on behalf of Consultant for all purposes
under this Agreement. The Consultant’s Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Pat Walsh, Police Chief (“Contract Administrator”). All correspondence shall be
directed to or through the Contract Administrator or his designee. The Contract Administrator
shall have the power to act on behalf of City for all purposes under this Agreement. Unless
otherwise provided in this Agreement, Consultant shall not accept direction or orders from any
person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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PINNACLE TRAINING SYSTEMS
Attn: Felicia Gomez, Owner
6011 N. FRESNO ST STE 120
FRESNO, CA 93710
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Pat Walsh, Police Chief
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
Signature of Registered Professional with report/design responsibility,” as in the following
example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Felicia Gomez, Owner
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include, but are not limited to, City of Menifee Health and Wellness Training
Services for Menifee Police Department, in the amount not to exceed SIXTY THOUSAND ONE
HUNDRED TWENTY SIX DOLLARS AND TEN CENTS ($60,126.10) as further outlined in
the following page(s).
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CITY OF MENIFEE
SUBJECT: Audio/Visual Upgrades to Equipment and Broadcast System for
Council Chambers
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Fatemeh Jafari, Information Technology Analyst
REVIEWED BY: Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Update the Fiscal Year 2021/22 Capital Improvement Program (CIP) to include CIP No. 22-
05: Council Chambers Audio Visual (AV) Improvements; and
2. Approve and authorize the City Manager to execute a Professional Services Agreement with
Pacific West Sound in the not-to-exceed amount of $139,483.89 for Menifee City Hall Council
Chamber Audio Visual (AV) Improvements; and
3. Approve the purchase of an AV switcher from TV Pro Gear/IPTV International, Inc. and
authorize the Finance Department to issue a Purchase Order (PO) in the not-to-exceed
amount of $49,995.00, including taxes.
DISCUSSION
Since relocating to the new City Hall location in March of 2019, public meetings, including but not
limited to, City Council, Park, Recreation, and Trails Commission and Planning Commission have
regularly been held in the Menifee City Council Chambers. The City’s priority is to make the
meetings readily available for community engagement by incorporating technology in the delivery
of the meetings by live-streaming, recording, and making past meetings available on-demand
through the City’s website. In the past year, more than ever, being forced to temporarily conduct
meetings virtually, the importance of having a reliable and expanded Audio Visual (AV) system
has become vital.
Over the last several months, the current AV system has continued to experience various
operating challenges. This has resulted in difficulties in effectively conducting meetings and
producing a quality video stream for the public. After an extensive onsite assessment, several
root-cause issues were identified:
1.Microphone System: Several of the dais microphone jacks are broken and need
replacement. The whole microphone system was not completely installed originally and
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cannot be augmented now due to parts being unavailable. A new dais microphone system
for Council and staff positions is recommended.
2.Audio feeds: Broadcast audio feeds originate from an automatic microphone mixer
system that was not completely installed and configured resulting in poor sound quality.
Due to the age of this system, parts are no longer available. Replacing this automatic
mixer system with a new system allowing for better control of the broadcast audio is highly
recommended.
3.Cabling: The cabling supporting the dais microphone system, request to speak, voting
system, computers and presentation display is a mix of shielded and un-shielded cabling
resulting in intermittent interference with these systems. Replacing the cabling with
shielded cabling rated for the load of these systems is strongly recommended.
4.Network switch: The audio/video network switch configuration is on a single network
segment along with the video distribution to the screens and conference rooms, voting,
and other systems used by Council, staff, and the public during public meetings. These
systems need to be isolated on their own network switch segments to avoid the current,
chronic intermittent audio and video dropouts and other issues.
5.Video switcher: The existing video switcher used to produce the video stream does not
have sufficient capacity to handle the requirements of all the different public meetings held
in the Council Chambers. A replacement video production switcher is needed to
accommodate all the requirements and produce a broadcast quality viewing experience.
6.Dais lighting: The dais lighting is also inadequate for broadcast quality productions.
However, to expedite resolution to the most troublesome issues, dais lighting will be
handled as a separate project. Replacing the lighting will be brought to Council once the
Public Works design and bidding process has been completed.
CIP Program Fiscal Year 21-22 to 25-26
Recognizing the significant financial investment in updating the AV system, and in alignment with
the City’s CIP policy, staff is requesting this project be added as part of the FY2021/22 CIP
Program. The corresponding assigned CIP Project Number/Name is CIP 22-05: Council
Chambers A/V Improvements and has an estimated total project budget of $250,000. The
detail/funding information on the project will be updated and reflected in the CIP Program update
that will be presented during the FY21-22 mid-year budget review process.
PRIMARY AV IMPROVEMENTS
To address these issues, the Information Technology (IT) Department assessed the existing
system and determined the need to comprehensively update and modernize the existing system.
Accordingly, staff conducted an informal Request for Proposals (RFP) process, requesting
proposals from the following four companies:
Digital Networks Group
Key Code Media
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Pacific West Sound
Western Audio Visual & Security
The RFP requested a comprehensive assessment of the current system with recommended
solutions to:
1. Permanently address the current system issues; and,
2. Enhance the system to accommodate upcoming AV needs, including but not limited to,
larger broadcasting efforts including Public, Education and Government (PEG) access
channel for Menifee specific content
Ultimately, the City received proposals from the following firms: Pacific West Sound and Key Code
Media. A table listing the firms from which proposals were solicited, and their responses is
provided immediately below.
Firm Name Cost ($) Proposal
Pacific West Sound $139,483.89
Key Code Media $6,349.00
The proposal presented by Pacific West Sound included a thorough assessment of the existing
system to identify all the underlying issues combined with strong technical subject matter
knowledge and relevant professional skills. Pacific West Sound has experience with projects of
similar size, scope, and complexity, and they have successfully delivered for other Cities in the
southern California region.
The Key Code Media proposal did not include the existing system assessment and consisted of
only replacing one component of the overall system without addressing the underlying issues and
their root causes. This led staff to determine the proposal from Pacific West Sound provides the
best value and addresses the whole set of issues.
Staff recommends approval of a professional services agreement with Pacific West Sound in the
not-to-exceed amount of $139,483.89, which will address various improvements to the Council
Chambers AV System. The improvements can be categorized into three phases (estimated costs
are provided for reference):
Phase Description Estimated Costs
I Dais Microphone Replacement $41,980.33
II Broadcast Split/Mix $33,323.13
III Broadcast Room Redesign $64,180.43
TOTAL $139,483.89
The proposed agreement addresses the most urgent issues which will bring the City’s Council
Chambers media system into a more reliable and stable state. The proposed work also provides
a solid technical foundation to launch the City’s PEG cable television channel.
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OTHER ANCILLARY AV IMPROVEMENTS
City staff also solicited and reviewed informal quotes for the purchase of an AV Switcher. A table
listing the firms from which proposals were solicited, and their responses is provided below.
Firm Name Cost ($) Proposal
TV Pro Gear/IPTV International, Inc.$49,995.00
EAR Professional Audio Video $45,075.00 (does not include installation)
B&H Audio Visual Requested (Not Responsive)
After reviewing responses to the City’s requests for quotes, City staff determined that TV Pro
Gear, a division of IPTV International, Inc., would provide the best value for the AV Switcher.
General Project Timeline
Contingent on no unforeseen circumstances, this project would take approximately two months
to complete. All work would be organized around non-public meeting days/times to prevent any
interruptions to scheduled meetings. As a high priority project, staff would work with the
consultant/contractors to have the AV improvements installed. However, it may be necessary to
reschedule a public meeting to allow for testing of the new equipment and configuration to ensure
smoot operation. The IT Department would coordinate scheduling with the City Clerk and City
Manager’s offices.
Additionally, dais lighting, which also requires work, would be brought to Council as a separate
project upon completing execution of the Public Works bidding process. Similarly, the cabling
work will be handled as a separate project. The work contemplated in this report, plus the dais
lighting and cabling provides the City with the necessary technical capabilities to embark on
providing a cable television channel dedicated to the public meetings and activities of the City.
STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community
FISCAL IMPACT
The fiscal impact of the proposed agreement with Pacific West Sound is $139,483.89. The fiscal
impact of the purchase of the AV Switcher with TV Pro Gear/IPTV International, Inc., is $49,995.00
for a total not-to-exceed amount of $189,478.89.
FUND ACCOUNT PURCHASE AMOUNT
PEG 340-4115-58140 $189,478.89
Funding for the associated costs is budgeted and represented within the approved Fiscal Year
21/22 budget in the PEG Fund Account # 340-4115-58140 (CIP 22-02: Council Chambers AV
Improvements). General fund money will not be needed to fund the improvements, as the PEG
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Fund is a dedicated revenue, specifically for public broadcasting uses, including AV
improvements.
No budget appropriation action(s) is required.
ATTACHMENTS
1. Pacific West Sound Professional Services Agreement
2. Quote from IPTV International, Inc. for AV Switcher
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 22-05: MENIFEE COUNCIL CHAMBERS AUDIO VISUAL (AV) SYSTEM
IMPROVEMENTS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of _____, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a
California municipal corporation, (“City”) and PACIFIC WEST SOUND PROFESSIONAL
AUDIO & DESIGN, INC., a California C Corporation (“Consultant”). City and Consultant may
sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 4, 2021 and
shall end on December 31, 2021 unless the term of this Agreement is otherwise terminated or
extended as provided for in Section 8. The time provided to Consultant to complete the Services
required by this Agreement shall not affect City’s right to terminate this Agreement, as provided
for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County,
and local emergency orders, directives, protocols, and best practices related to the COVID-19
pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED THIRTY
NINE THOUSAND FOUR HUNDRED EIGHTY FOUR DOLLARS AND EIGHTY NINE
CENTS ($139,483.89) not withstanding any contrary indications that may be contained in
Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount
of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified
below shall be the only payments from City to Consultant for the Services rendered pursuant to
this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate
services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees
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and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
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against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
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right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: CIP
22-05: MENIFEE COUNCIL CHAMBERS AUDIO VISUAL (AV) SYSTEM
IMPROVEMENTS. The name and address for Additional Insured endorsements, Certificates of
Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
City must be endorsed as an additional insured for liability arising out of ongoing and completed
operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
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During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
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5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any
provision of this Section 5 to the contrary, design professionals are required to defend and
indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design
professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business entities
that offer such services in accordance with the applicable provisions of the California Business
and Professions Code.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Consultant’s employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
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c. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
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9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Brent Milton, Tech/Designer (“Consultant’s Representative”). The Consultant’s
Representative shall have full authority to represent and act on behalf of Consultant for all purposes
under this Agreement. The Consultant’s Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
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10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Michelle Sarkissian, IT Supervisor (“Contract Administrator”). All correspondence
shall be directed to or through the Contract Administrator or his designee. The Contract
Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from
any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
PACIFIC WEST SOUND PROFESSIONAL AUDIO & DESIGN, INC.
Attn: Brent Milton, Tech/Designer
521 EAST 21st STREET
Bakersfield, CA 93305
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Michelle Sarkissian, IT Supervisor
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
Signature of Registered Professional with report/design responsibility,” as in the following
example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Brent Milton, Owner
Jonathan Chaidez
[Corporation must have two signatures]
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EXHIBIT A
SCOPE OF SERVICES
Services shall include comprehensive audio visual improvements (AV) related to CIP 22-05:
Council Chamber A/V Improvements in an amount not to exceed ONE HUNDRED THIRTY
NINE THOUSAND FOUR HUNDRED EIGHTY FOURS DOLLARS AND EIGHTY NINE
CENTS ($139,483.89), as further detailed in the following page(s).
Item Title:10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
Item Page Number:21
Menifee Mayor and City Council August 4,2021
Page 142 of 385
2671/031858-0001
7630376.2 a00/00/00 -3-
Item Title:10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
Item Page Number:22
Menifee Mayor and City Council August 4,2021
Page 143 of 385
2671/031858-0001
7630376.2 a00/00/00 -4-
Item Title:10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
Item Page Number:23
Menifee Mayor and City Council August 4,2021
Page 144 of 385
2671/031858-0001
7630376.2 a00/00/00 -5-
Item Title:10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
Item Page Number:24
Menifee Mayor and City Council August 4,2021
Page 145 of 385
2671/031858-0001
7630376.2 a00/00/00 -6-
Item Title:10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
Item Page Number:25
Menifee Mayor and City Council August 4,2021
Page 146 of 385
2671/031858-0001
7630376.2 a00/00/00 -7-
Item Title:10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
Item Page Number:26
Menifee Mayor and City Council August 4,2021
Page 147 of 385
2671/031858-0001
7630376.2 a00/00/00 -8-
Item Title:10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
Item Page Number:27
Menifee Mayor and City Council August 4,2021
Page 148 of 385
2671/031858-0001
7630376.2 a00/00/00 -9-
Item Title:10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
Item Page Number:28
Menifee Mayor and City Council August 4,2021
Page 149 of 385
Quote
Date
7/9/2021
Quote #
466Q 261FA
Name / Address
City of Menifee
29844 Haun Road
Menifee, CA 92586
1630 Flower Street
Glendale, CA 91201
Project
Total
Subtotal
Sales Tax (8.75%)
Valid for 30 days from date above
For your convenience we accept:
Wires, Credit Cards, and Checks.
Please Call to make your payment arrangements.
All Credit cards payments will have a 3.25% surcharge applied to invoice
Account Name: IPTV International Inc.
Bank Name: Chase Business Bank
Chase Swift Code: CHASUS33
ABA Routing Number: 322271627
Account Number: 789153975
DescriptionQty Rate Total
Newtek TC2E3RU-Tricaster 2 Elite (3RU Chassis w/redundant
power)
1 26,595.25 26,595.25T
Newtek Newtek 2Stripe-2 Stripe Control Panel1 11,395.25 11,395.25T
Newtek RR2R3RU Rack Rails for 2RU and 3RU ( Available for
Tricaster TC1, Tricaster TC1R3 and 3Play 440 and 3Play 425)
1 280.25 280.25T
ProTek for Tricaster 2 Elite (Initial 2-Year Coverage)1 3,846.00 3,846.00
ProTek for 2 Stripe Control Panel (Initial 2-Year Coverage)1 1,495.00 1,495.00
20 Hour Professional Service Plan-Minimum of 3 Weeks-Notice
required
1 3,034.56 3,034.56
$49,995.00
$46,646.31
$3,348.69
Item Title:10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
Item Page Number:29
Menifee Mayor and City Council August 4,2021
Page 150 of 385
CITY OF MENIFEE
SUBJECT: Vehicle Leases for Community Services Maintenance
Division
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Financial Services Manager
REVIEWED BY: Jonathan Nicks, Community Services Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to replace the previously approved lease quotes and
sign new Enterprise Lease Quotes for two vehicles in the not-to-exceed amount of $1,500 per
month and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet
Management to secure vehicles for the use by the Community Services Department effective
August 1, 2021; and,
2. Authorize the City Manager to sign replacement quotes for two vehicles in an amount not-to-
exceed $1,500 per month in the event the vehicles specified in the staff report are unavailable;
and,
3. Allow the purchase to be made under the cooperative purchasing (piggyback) agreement
under Sourcewell Contract #060618-EFM, thereby exempting the purchase under the
competitive bidding process.
DISCUSSION
In conjunction with additional park maintenance staffing approved as part of the Fiscal Year
2021/22 budget, the Community Services Department will need to secure two additional
maintenance vehicles for transportation from park sites to right-of-way sites. The maintenance
division currently uses a Ford F-150 and/or F-250 trucks for its maintenance fleet needs. Since
2015, the City has opted to procure the vehicles for the Community Services Department by
leases through Enterprise Fleet Management (Enterprise). Enterprise offers competitive
governmental pricing based on Sourcewell Contract #060618-EFM.
Item Title:10.8 Vehicle Leases for Community Services Maintenance Division
Item Page Number:1
Menifee Mayor and City Council August 4,2021
Page 151 of 385
City of Menifee Staff Report
Vehicle Leases for Community Services Maintenance
August 4, 2021
Page 2 of 3
6
2
9
At its July 7, 2021 meeting, the City Council approved and authorized the City Manager to sign
and accept Enterprise lease quotes for the following:
One Ford F250 XL truck with a service body for $735.92 per month, and
One standard Ford F150 truck for $515.64 per month
Unfortunately, impacted by the global shortage and high demand for vehicles, the two vehicles
approved by the City Council’s July 7 action are no longer available. Enterprise has identified
equivalent vehicles at similar pricing. Unfortunately, due to the limited stock, even the replacement
vehicles may no longer be available following Council approval. Facing these uncertainties, staff
is requesting approval and authorization for the City Manager to replace the previously approved
lease quotes (from the July 7, 2021 meeting), and sign the new Enterprise Lease Quotes
(attached) for the following:
One Ford F250 XL truck with a service body for $684.86 per month, and
One standard Ford F150 truck for $559.51 per month
Signed quotes must be received by Enterprise to secure the corresponding vehicles with the car
dealerships. However, given the shortage of vehicles, and the possibility of these vehicles also
becoming unavailable, and given the fluctuation of specific vehicle unit pricing, staff is requesting
the City Manager be authorized to sign replacement quotes for the two vehicles with substantially
equivalent vehicle and pricing of up to $1,500 per month total. The two new quotes included in
this staff report are provided for reference, but no guarantees can be made that these specific
units will be available at the time of approval.
If approved, this option is estimated to cost no more than $1,500 per month (inclusive of routine
maintenance), for the two vehicles. At the end of the 60-month term, the City has the option to
either purchase the vehicle, or enter into a new lease agreement with the residual value of the
vehicles applied as a credit against the new lease, as done in previous years.
The City of Menifee is a current member of Sourcewell, which holds hundreds of competitively
bid cooperative contracts combining the buying power of 50,000 government, education, and
nonprofit organizations. Using Sourcewell to obtain the already competitively bid quote from
Enterprise Fleet Management, the City is able to save time and money through this “piggyback”
process. Due to the Sourcewell piggyback, the recommended lease with Enterprise Fleet
Management, Inc. has already met competitive bid standards as a cooperative purchase
agreement, allowed under the Menifee Municipal Code 3.12.070. The City will benefit from the
reduced administrative costs and lower pricing. Specifically, this purchase is made under the
existing Contract #060618-EFM.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
Item Title:10.8 Vehicle Leases for Community Services Maintenance Division
Item Page Number:2
Menifee Mayor and City Council August 4,2021
Page 152 of 385
City of Menifee Staff Report
Vehicle Leases for Community Services Maintenance
August 4, 2021
Page 3 of 3
6
2
9
FISCAL IMPACT
The five-year fiscal impact of the proposed lease for the two vehicles will not exceed $90,000
including municipal discounts and government contract pricing. The Fiscal Year 2021/22
expenditure has been allocated in the Community Services Department budget and future years
would be funded in the corresponding fiscal year’s budget.
No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Replacement Quote for Lease Proposal F250
2. Replacement Quote for Lease Proposal F150
3. Sourcewell Membership and Contract for Enterprise Fleet Management Contract #060618-
EFM
Item Title:10.8 Vehicle Leases for Community Services Maintenance Division
Item Page Number:3
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Page 153 of 385
Item Title:10.8 Vehicle Leases for Community Services Maintenance Division
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Menifee Mayor and City Council August 4,2021
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Item Title:10.8 Vehicle Leases for Community Services Maintenance Division
Item Page Number:9
Menifee Mayor and City Council August 4,2021
Page 159 of 385
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Item Page Number:10
Menifee Mayor and City Council August 4,2021
Page 160 of 385
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Item Page Number:11
Menifee Mayor and City Council August 4,2021
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Item Page Number:12
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Item Page Number:13
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Item Page Number:14
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Item Page Number:15
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Item Page Number:16
Menifee Mayor and City Council August 4,2021
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Item Title:10.8 Vehicle Leases for Community Services Maintenance Division
Item Page Number:17
Menifee Mayor and City Council August 4,2021
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Item Title:10.8 Vehicle Leases for Community Services Maintenance Division
Item Page Number:18
Menifee Mayor and City Council August 4,2021
Page 168 of 385
CITY OF MENIFEE
SUBJECT: Permanent Local Housing Allocation Grant Program
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Edna Lebron, Senior Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the 2020 Permanent Local Housing Allocation (PLHA) grant funds from the California
Department of Housing and Community Development (HCD) in the amount of $251,604 for
the Menifee First Time Homebuyer's Down Payment Assistance Program; and,
2. Authorize the City Manager to execute all necessary agreements, amendments, and related
documents to receive the 2020 PHLA grant funds; and,
3. Adopt a Budget Adjustment Resolution authorizing an increase in revenue and appropriation
of expenditures in the amount of $251,604 to accounts identified by the Finance Department.
DISCUSSION
On July 15, 2020, City Council authorized staff to apply for the Permanent Local Housing
Allocation (PLHA) funds and approved a five-year expenditure plan of the estimated $1.2 million
allocation over five years from the California Department of Housing and Community
Development (HCD). In addition, PLHA funds were approved for the Homeownership
opportunities, including, but not limited to, down payment assistance.
The City has received a formal notification that it will be receiving funding in the amount of
$251,604 through the 2020 PLHA. Based on the application submitted, the City intends to use
the funds for its inaugural Menifee First Time Homebuyer's Down Payment Assistance Program.
The Down Payment Assistance Program would provide low-income, first-time homebuyers with
a no interest, deferred payment loan of up to $15,000 for down payment assistance or closing
costs. In doing so, the program would allow the City to continue to create and protect strong
sustainable neighborhoods by providing programs such as this one that encourage and facilitate
the path to homeownership for residents.
Item Title:10.9 Permanent Local Housing Allocation Grant Program
Item Page Number:1
Menifee Mayor and City Council August 4,2021
Page 169 of 385
City of Menifee Staff Report
PLHA Grant Program
August 4, 2021
Page 2 of 2
6
1
2
Funding for the Down Payment Assistance Program is derived from state funds, administered by
the HCD. Funding will be provided on a reimbursement basis, based on actual expenses incurred.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
The fiscal impact of acceptance of the PLHA grant funds is $251,604 in grant revenue to
be received, and $251,604 in corresponding expenditures related to the delivery of the
Down Payment Assistance Program. Associated program administration and
implementation costs are included as part of the $251,604 and are estimated as follows:
Grant Revenue 301-3743 $251,604.00
Program Expenses:
Administration 301-4330-52843 $ 12,580.00
Activity Delivery 301-4330-52843 $ 12,419.00
Down Payment Assistance 301-4330-52843 $226,605.00
The City’s PLHA Program will be fully grant funded and allocated through the California
Department of Housing and Community Development (HCD).
A corresponding Budget Adjustment Resolution appropriating the PLHA grant revenue
and expenditures is included for approval as part of this staff report.
ATTACHMENTS
1. Grant Summary Report (GSR) PLHA Grant Fund
2. Grant Award Notification Letter
3. Budget Adjustment Resolution (BAR)
Item Title:10.9 Permanent Local Housing Allocation Grant Program
Item Page Number:2
Menifee Mayor and City Council August 4,2021
Page 170 of 385
This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.
FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________
Grant Name: _____________________________________________ Granting Agency: __________________________
City Department: _________________________________________ City Grant Administrator: ____________________
Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________
Grant Purpose/City Program:
If Federal Grant:
Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________
If Pass-through Grant:
Pass-through Agency: ____________________ Pass-through Number: _____________________
Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________
Amount from Granting Agency: ____________________ Method of Funding: ____________________
City Matching Funds: ____________________ Frequency of Funding: ____________________
Total Grant Amount: ____________________ If other, please describe: ____________________
City Expenditure Account No: ____________________ City Revenue Account No: ____________________
Reporting Requirements:
Does the funding agency require a compliance audit? _____________________________________________
If yes, what kind of report? __________________________________________
Additional reporting required: ________________________________________
Does the funding agency require a copy of the Single Audit report? _____________________________________
Is this a federal grant (subject to Single Audit)? __________________________________________
Can grant funds be carried over to other fiscal years? __________________________________________
If yes, which years? __________________________________________
Is allocated interest a grant requirement? __________________________________________
CITY OF MENIFEE
GRANT SUMMARY REPORT
FINANCE DEPARTMENT
2021/22 8/4/21
PLHA - Permanent Local Housing Allocation HDC-Housing & Development Dep.
Planning Department - CDBG Edna Lebron
N/A
6/24/21-6/30/30
$251,604
$251,604
301-4330-52843 301-3743
No
N/A
N/A
No
No
Yes
FY22-30
Yes
46/24/21-6/30/21
The pre-development, development, acquisition, rehabilitation and preservation of multifamily, residential live-work, rental
housing that is affordable to extremely low, very low, or moderate income households, including necessary operating
subsidies.
Commencing with the effective date of this agreement and continuing through the expirations date, the contractor shall submit an
annual report to the Department by July 31 of each year. The first report is due 7/1/21 and will report activities from date of initial fund
disbursement through 6/30/21.
Item Title:10.9 Permanent Local Housing Allocation Grant Program
Item Page Number:3
Menifee Mayor and City Council August 4,2021
Page 171 of 385
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE 2020 W. El Camino Avenue, Suite 670, 95833 P. O. Box 952054 Sacramento, CA 94252-2054 (916) 263-2771 www.hcd.ca.gov
February 4, 2021 Armando G. Villa, City Manager
City of Menifee
29844 Haun Road Menifee, CA 92586 Dear Armando G. Villa:
RE: Award Announcement – Permanent Local Housing Allocation (PLHA) Program Notice of Funding Availability Fiscal Year 2019/2020 City of Menifee Contract No. 20-PLHA-15551
The California Department of Housing and Community Development (Department) is pleased to announce that the City of Menifee has been awarded a Permanent Local Housing Allocation (PLHA) program award in the amount of $251,604. This letter constitutes notice of the designation of PLHA program funds for use in Riverside County
for the following activities:
• Homebuyer Assistance
• Five (5) Percent Administrative Costs
The City of Menifee will be required to enter into a Standard Agreement that will set forth conditions for funding and milestones that are required to be met. Reimbursement of eligible expenses are subject to the terms outlined in Section 304(d) of the PLHA
adopted program guidelines.
Congratulations on your successful application. For further information, please contact Douglas Truong, PLHA Program Manager, Program Design and Implementation Branch, (916) 263-5022 or Douglas.Truong@hcd.ca.gov.
Sincerely, Jennifer P. Seeger Deputy Director
Item Title:10.9 Permanent Local Housing Allocation Grant Program
Item Page Number:4
Menifee Mayor and City Council August 4,2021
Page 172 of 385
RESOLUTION NO. 21-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING THE FISCAL YEAR 2021/22 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2021/22
with Resolution No. 21-1033 on June 2nd , 2021; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues,
experiences unanticipated expenditures, and/or identifies alternative funding sources; and
WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget
resources to continue the operations of the City of Menifee; and
WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2021/22
budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund Adopted FY 2021/22 Revenue Budget: $6,606,837
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
July 7, 2021 FY 20 EMPG – Emergency
Management Performance
Grant
301-3829 $21,654
July 21, 2021 (SB821) CIP 22-20: Sun City
Community Project
301-3872 183,886
July 21, 2021 (SB821) CIP 22-21: Lazy
Creek Pedestrian Project
301-3873 88,380.50
July 21, 2021 Local Roadway Safety Plan
Grant
301-3874 90,000
August 4, 2021 PLHA Grant Program 301-3743 251,604
TOTAL:$635,525.50
Amended Grant Fund FY 2021/22 Revenue Budget: $7,242,361.50
Grant Fund Adopted FY 2021/22 Expenditure Budget: $3,616,644
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
July 7, 2021 FY 20 EMPG –
Emergency
Management
Performance Grant
301-4114-52427 $21,654
July 21, 2021 CIP 22-20: Sun City
Community Project
301-4555-58137 183,886
Item Title:10.9 Permanent Local Housing Allocation Grant Program
Item Page Number:5
Menifee Mayor and City Council August 4,2021
Page 173 of 385
Amending the Fiscal Year 2021/22 Grant Fund Budget
PLHA Grant
2
4
3
6
8
6
July 21, 2021 CIP 22-21: Lazy Creek
Pedestrian Project
301-4555-58138 88,380.50
July 21, 2021 Local Roadway Safety
Plan Grant
301-4555-58139 90,000
August 4, 2021 PLHA Grant Program 301-4330-52843 251,604
TOTAL:$635,525.50
Amended Grant Fund FY 2021/22 Expenditure Budget: $4,252,168.50
3. Record Transfer of Funds:
FROM ACCOUNT #TO ACCOUNT #AMOUNT
TOTAL:0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY
RESOLVE AS FOLLOWS:
The annual budget for the Grant Fund for the City of Menifee for fiscal year 2021/22 is
hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
PLHA Grant Program $251,604
Amended Grant Fund FY 2021/22 Budget $7,242,361.50
Expenditures:
PLHA Grant Program $251,604
Amended Grant Fund FY 2021/22 Budget $4,252,168.50
Item Title:10.9 Permanent Local Housing Allocation Grant Program
Item Page Number:6
Menifee Mayor and City Council August 4,2021
Page 174 of 385
Amending the Fiscal Year 2021/22 Grant Fund Budget
PLHA Grant
3
4
3
6
8
6
PASSED, APPROVED AND ADOPTED this 4th day of August 2021.
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
Item Title:10.9 Permanent Local Housing Allocation Grant Program
Item Page Number:7
Menifee Mayor and City Council August 4,2021
Page 175 of 385
CITY OF MENIFEE
SUBJECT: Agreements for Freedom Business Park
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Developer Reimbursement
Agreement between the City of Menifee and Oak Properties, Inc. related to the Freedom
Business Park Project, located along the east side of Haun Road, north of Scott Road, for
CEQA Technical Study Peer Reviews and Initial Study/Mitigated Negative Declaration; and,
2. Adopt a Budget Amendment Resolution appropriating $53,169 from available fund balance to
Account #100-4330-52825 (Professional Services (Recoverable)); and,
3. Approve and authorize the City Manager to execute a Professional Services Agreement with
LSA Associates, Inc. in the amount of $48,335, with a 10% contingency amount of $4,833.50
for a total not-to-exceed amount of $53,168.50, for CEQA Technical Study Peer Reviews of
Environmental Studies and Initial Study/Mitigated Negative Declaration for the Freedom
Business Park Project.
DISCUSSION
Freedom Business Park Project (Project), Planning Application No. PLN21-0002, located along
the east side of Haun Road approximately 0.3 miles north of Scott Road (APNs: 360-390-006,
360-390-007), proposes the construction of five new multi-tenant speculative buildings with a total
of 283,165 square feet on approximately 17.55 acres. Proposed tenants will include light
industrial, business park, and assembly/light manufacturing uses consistent with the Economic
Development Corridor-Southern Gateway (EDC-SG) of the General Plan. All proposed buildings
are anticipated to be single story and do not exceed 37 feet in height. The Project would create
four water quality basins and include landscaping and street improvements for the overall Project.
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:1
Menifee Mayor and City Council August 4,2021
Page 176 of 385
City of Menifee Staff Report
Freedom Business Park IS/MND
August 4, 2021
Page 2 of 4
6
1
8
Project Location Map
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:2
Menifee Mayor and City Council August 4,2021
Page 177 of 385
City of Menifee Staff Report
Freedom Business Park IS/MND
August 4, 2021
Page 3 of 4
6
1
8
To move forward with the Project, a peer review of the previously completed technical studies will
need to be completed, and an Initial Study/Mitigated Negative Declaration (IS/MND) will also need
to be completed. Staff has solicited and received project specific proposals from qualified firms to
perform that work.
In the spring of 2019, the City’s Community Development Department issued a competitive
Request for Qualifications (RFQ) for qualified firms to provide various on-call professional
planning services. A selection/evaluation committee comprised of internal Community
Development staff evaluated and ranked each proposal on the following criteria: qualifications of
the firm, proposed team and organization, past experience and references, and project
management system. An On-Call List resulting from the RFQ was approved at the June 19, 2019
City Council meeting.
For this project, a total of four proposal responses were received from Michael Baker International,
LSA Associates, Inc., Kimley-Horn, and ESA. The proposals were evaluated by the Community
Development staff in collaboration with the project applicant for completeness in meeting the
requested services, cost proposals, project teams, and past experiences. Through that evaluation
process, it was determined that LSA Associates provided the best proposal for the Project, at a
cost of $48,335.
Importantly, the proposed agreement with LSA Associates, Inc. is based on an IS/MND being
required per the outcome of technical studies. If, however, it is determined an Environmental
Impact Report (EIR) would be necessary instead, the associated costs for such study would be
an additional $157,860 from the proposed agreement amount. If it is determined that an EIR is
necessary, staff would return with a recommended contract amendment, budget appropriation
request, and require the developer to deposit the difference before proceeding.
All costs associated with the preparation of the technical study peer review and IS/MND for the
Project are fully recovered as the project applicant is required to deposit sufficient funds with the
City prior to the work in the study commencing. The attached Developer Reimbursement
Agreement, for which staff also seeks City Council approval, memorializes that reimbursement
obligation.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The fiscal impact of the proposed Professional Services Agreement with LSA Associates, Inc. for
this project is $48,335 and requires a corresponding budget appropriation from available fund
balance in the amount of $53,169 (to include any potential necessary amendment(s) up to 10%).
A Resolution authorizing the budget appropriation in the amount of $53,169 from available
General Fund balance to Account # 100-4330-52825 (Professional Services (Recoverable)) is
included for approval.
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:3
Menifee Mayor and City Council August 4,2021
Page 178 of 385
City of Menifee Staff Report
Freedom Business Park IS/MND
August 4, 2021
Page 4 of 4
6
1
8
The full cost of the services rendered by LSA Associates, Inc. for this project are covered by a
fee deposited with the City by the project applicant. The applicant will pay all contract and
preparation costs plus a 15% administrative fee, per standard procedure.
ATTACHMENTS
1. Budget Adjustment Resolution (BAR)
2. Professional Services Agreement with LSA Associates, Inc.
3. Developer Reimbursement Agreement with Oak Properties, Inc.
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:4
Menifee Mayor and City Council August 4,2021
Page 179 of 385
RESOLUTION NO. 21-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING THE FISCAL YEAR 2021/22 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2021/22
with resolution 21-1033 on June 2nd , 2021; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues,
experiences unanticipated expenditures, and/or identifies alternative funding sources; and
WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget
resources to continue the operations of the City of Menifee; and
WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2021/22
budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
General Fund Adopted FY 2021/22 Revenue Budget: $59,885,280
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
TOTAL:
Amended General Fund FY 2021/22 Revenue Budget: $59,885,280
General Fund Adopted FY 2021/22 Expenditure Budget: $59,885,280
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
July 7, 2021 CEQA Services:
Menifee Specific Plan
100-4330-52825 $55,440
July 7, 2021 CIP 20-04: Paloma
Wash Trail
Improvements
100-4555-58086 (95,527)
July 21, 2021 CIP 22-20: Sun City
Community Project
100-4555-58137 183,886
July 21, 2021 CIP 22-21: Lazy Creek
Pedestrian Project
100-4555-58138 88,380.50
August 4, 2021 CEQA Services:
Freedom Business
Park
100-4330-52825 53,169
TOTAL:$285,348.50
Amended General Fund FY 2021/22 Expenditure Budget: $60,170,628.50
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:5
Menifee Mayor and City Council August 4,2021
Page 180 of 385
Amending the Fiscal Year 2021/22 General Fund Budget
CIP 22-20 and 22-21 Pedestrian Projects
2
3. Record Transfer of Funds:
FROM ACCOUNT #TO ACCOUNT #AMOUNT
TOTAL:0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY
RESOLVE AS FOLLOWS:
The annual budget for the General Fund for the City of Menifee for fiscal year 2021/22 is
hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Amended General Fund FY 2021/22 Budget $59,885,280
Expenditures:
CEQA Services: Freedom Business Park $53,169
Amended General Fund FY 2021/22 Budget: $60,170,628.50
PASSED, APPROVED AND ADOPTED this 4th day of August 2021.
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:6
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CEQA TECHNICAL PEER REVIEW AND INITIAL STUDY/MITIGATED
NEGATIVE DECLARATION (IS/MND) FOR FREEDOM BUSINESS PARK
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE,
a California municipal corporation, (“City”) and LSA Associates, Inc, a California Corporation
(“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party”
and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 4, 2021 and
shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County,
and local emergency orders, directives, protocols, and best practices related to the COVID-19
pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed FORTY EIGHT THOUSAND
THREE HUNDRED THIRTY FIVE DOLLARS AND ZERO CENTS ($48,335.00)
notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the
Services to be performed and reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Exhibit A, regarding the amount of compensation, this
Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be
the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services performed by
more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees
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and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
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against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
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right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: CEQA
TECHNICAL PEER REVIEW AND INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION (IS/MND) FOR FREEDOM BUSINESS PARK. The name and address for
Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of
Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured
for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
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During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
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5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
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of California, will be the minimum paid to all laborers, including Consultant’s employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Tony Petros, President/COO (“Consultant’s Representative”). The Consultant’s
Representative shall have full authority to represent and act on behalf of Consultant for all purposes
under this Agreement. The Consultant’s Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Orlando Hernandez, Planning Manager (“Contract Administrator”). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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LSA Associates, Inc
Attn: Tony Petros, President/COO
20 Executive Park, Suite 200
Irvine, CA 92614
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Orlando Hernandez, Planning Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
Signature of Registered Professional with report/design responsibility,” as in the following
example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:20
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Mike Trotta, CEO
Tony Petros, President/COO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide CEQA Technical Peer Review and Initial Study Mitigated Negative
Declaration (IS/MND) for Freedom Business Park in the amount not to exceed FORTY EIGHT
THOUSAND THREE HUNDRED THIRTY FIVE DOLLARS AND ZERO
CENTS ($48,335.00) as further detailed in the following page(s).
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EXHIBIT A
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Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:42
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Page 217 of 385
July 20, 2021
680/031858-0003
14598110.2 a07/28/21
OAK PROPERTIES, INC
9747 BUSINESSPARK AVE
SAN DIEGO, CA 92131
Re:Agreement for the Deposit and Reimbursement of fees incurred by the City of
Menifee in Conducting and Processing Analysis under the California
Environmental Quality Act of Planning Application No. PLN-0002
(“FREEDOM BUSINESS PARK PROJECT”)
Dear Mr. Gay:
OAK PROPERTIES, INC (“Developer”) has requested that the City of Menifee
(“City”) consider Planning Application No. PLN-0002 (FREEDOM BUSINESS PARK
PROJECT”) located north of Scott Road, east of Haun Road, south of Wickerd Road, and west of
Interstate 215 (APNs: 360-390-006, 360-390-007), proposes the construction of five (5) new
multi-tenant speculative buildings with a total of 283,165 square feet on approximately 17.55
acres. Proposed tenants will include light industrial, business park, and assembly/light
manufacturing uses consistent with the Economic Development Corridor-Southern Gateway
(EDC-SG) of the General Plan. All proposed buildings are anticipated to be single story and not
exceed thirty-seven (37) feet in height. The Project would create four (4) water quality basins and
include landscaping and street improvements for the overall Project (“Project”). To conduct its
review and analysis of the Project, the City is required to conduct an environmental analysis
(“CEQA Analysis”) as required by the California Environmental Quality Act, Public Resources
Code section 21000 et seq., and its implementing guidelines found at Title 14 of the California
Code of Regulations section 15000 et seq.
The City will commence to take the steps necessary, at Developers sole expense so that the
City will be able to conduct and complete the CEQA Analysis. Developer has indicated that it is
prepared to reimburse the City for all costs associated with the City’s conduct, processing, and
consideration of the CEQA Analysis including without limitation in-house staff time and
resources, environmental consultant time and resources, City’s legal counsel’s time and resources,
and other third party cost items. For example, the costs incurred by the City to engage an
environmental review consultant, and any necessary sub-consultants or technical consultants, to
conduct the CEQA Analysis shall be borne by Developer. This letter serves as an “Initial Deposit
Agreement” by and between Developer and the City.
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:43
Menifee Mayor and City Council August 4,2021
Page 218 of 385
Mr. Mike Gay
July 20, 2021
Page 2
680/031858-0003
14598110.2 a07/28/21
To assist the City in undertaking their consideration of whether or not to approve the
Project, Developer agrees to provide the City with an initial deposit in the amount of $61,143.78
(“Initial Deposit”). The Initial Deposit is the estimated full amount of the costs to be incurred by
the City in or in connection with the conduct, processing, review, evaluation, and action taken on
the CEQA Analysis (“Analysis Costs”). The Initial Deposit shall be deposited with the City, to
the attention of the Finance Director, on or before August 2, 2021 (“Effective Date”).
The Initial Deposit shall be used to reimburse the Analysis Costs. If at any time the City
in its sole discretion determines that the Analysis Costs will exceed the amount of the Initial
Deposit, then Developer shall, within ten (10) days of receipt of written demand from the City,
supplement the deposit amount so that the amount remaining on deposit with the City equals all
remaining estimated Analysis Costs (“Deposit Supplement”). The City may from time to time
repeat the process of revising the estimated Analysis Costs and requiring a revised deposit amount
from Developer (upon ten (10) days written notice) (“Further Deposit Supplement”). If
Developer fails to timely provide a Deposit Supplement or Further Deposit Supplement, the City
may without further notice cease all work on the CEQA Analysis and order that all consultants,
attorneys and third parties do the same (“Stop Work Order”). Developer understands and
acknowledges that, even if the deposit is fully exhausted, it shall remain fully responsible for
Analysis Costs incurred by the City up to the date that the City issues a Stop Work Order.
Developer understands and acknowledges that City shall exercise its sole and absolute
discretion in selecting and providing direction to any consultants or other third parties in
connection with the CEQA Analysis.
It is anticipated that the CEQA Analysis will be presented to the Menifee City Council for
consideration and potential action in the future. Developer and the City understand that the City
is reserving the right to exercise its sole and absolute discretion as to all matters over which the
City is, by law, entitled or required to exercise discretion. By executing this Initial Deposit
Agreement, the City is not committing or agreeing to undertake any activity requiring the
subsequent discretion of the City , or any department of the City. The City’s execution of this
Initial Deposit Agreement is merely an agreement to allow the necessary work to be completed, at
Developer’s expense, to bring the CEQA Analysis forward for City consideration. Nothing in this
Initial Deposit Agreement shall be deemed to constitute a commitment by the City to approve or
certify the CEQA Analysis, or a prejudgment of the matters required to be considered as part of
the decision whether or not to approve the Project.
Please document Developer’s concurrence with these terms and limitations by signing
below and returning the originally executed letter to me, along with the Initial Deposit.
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:44
Menifee Mayor and City Council August 4,2021
Page 219 of 385
Mr. Mike Gay
July 20, 2021
Page 3
680/031858-0003
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Very truly yours,
CITY OF MENIFEE
Cheryl Kitzerow, Community Development Director
APPROVED AS TO FORM:
By:
Jeffrey Melching, City Attorney
ACCEPTANCE OF INITIAL DEPOSIT AGREEMENT:
OAK PROPERTIES, INC
By: Date:
Mr. Mike Gay
Item Title:10.10 Agreements for Freedom Business Park
Item Page Number:45
Menifee Mayor and City Council August 4,2021
Page 220 of 385
CITY OF MENIFEE
SUBJECT: CalRecycle Grants Application Submittal Authorization
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Jennifer Hernandez, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager or his designee to execute all necessary agreements
and other grant-related documents thereof to the Department of Resources, Recycling, and
Recovery (CalRecycle); and,
2. Adopt a Resolution authorizing the City of Menifee to submit applications for eligible
CalRecycle Grants.
DISCUSSION
The California Department of Resources, Recycling, and Recovery (CalRecycle) offers funding
and grant opportunities to jurisdictions throughout the state in furtherance of the statewide goals
of reducing, reusing, and recycling solid waste generated and the preservation of landfill capacity
in order to protect public health, safety, and the environment.
CalRecycle’s requirements for grant applications require that the City Council adopt a resolution
in the attached form. The resolution stipulates the established procedures developed by
CalRecycle, which include a declaration of certain authorizations related to administering
CalRecycle grants. These include authorizing the City to submit applications to CalRecycle,
allowing the City Manager or his designee to execute all documents related to the application and
grant, and the establishment of authorization periods of the adopted resolution.
Some of the grants the City has obtained in the past that required an adopted resolution at the
time of application submittal include:
Rubberized Asphalt Concrete Grant Program
City/County Payment Program Beverage Container Recycling
Tire Derived Product Grant Program
Item Title:10.11 CalRecycle Grants Application Submittal Authorization
Item Page Number:1
Menifee Mayor and City Council August 4,2021
Page 221 of 385
City of Menifee Staff Report
CalRecycle Resolution for Grant Applications
August 4, 2021
Page 2 of 2
6
1
5
Resolution No. 16-521 previously provided the necessary CalRecycle grant application
requirements. However, CalRecycle only allows resolution validity in 5 year periods, thus
rendering Resolution No. 16-521 invalid as of May 18, 2021.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Proposed Resolution
2. Resolution No. 16-521
Item Title:10.11 CalRecycle Grants Application Submittal Authorization
Item Page Number:2
Menifee Mayor and City Council August 4,2021
Page 222 of 385
4
3
6
6
2
RESOLUTION NO. 21-
RESOLUTION OF MENIFEE CITY COUNCIL AUTHORIZING
SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE
GRANTS FOR WHICH THE CITY OF MENIFEE IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of
Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants)
in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste
generated in the state thereby preserving landfill capacity and protecting public health and safety
and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures
governing the application, awarding, and management of the grants; and
WHEREAS, CalRecycle grant application procedures require, among other things, an
applicant’s governing body to declare by resolution certain authorizations related to the
administration of CalRecycle grants.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the City
Council of the City of Menifee, State of California, as follows:
1. The City of Menifee authorizes the submittal of application(s) to CalRecycle for all grants
for which the City of Menifee is eligible; and
2. That the City Manager, or his/her designee, is hereby authorized and empowered to
execute in the name of the City of Menifee all grant documents, including but not limited
to, applications, agreements, amendments and requests for payment, necessary to secure
grant funds and implement the approved grant project; and
3.That these authorizations are effective for five (5) years from the date of adoption of this
resolution.
PASSED AND ADOPTED this _______ day of _______, 2021
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
Item Title:10.11 CalRecycle Grants Application Submittal Authorization
Item Page Number:3
Menifee Mayor and City Council August 4,2021
Page 223 of 385
Item Title: 10.11 CalRecycle Grants Application Submittal AuthorizationItem Page Number: 4Menifee Mayor and City Council August 4, 2021Page 224 of 385
Item Title: 10.11 CalRecycle Grants Application Submittal AuthorizationItem Page Number: 5Menifee Mayor and City Council August 4, 2021Page 225 of 385
CITY OF MENIFEE
SUBJECT: Agreement Amendment No. 1 for TR Design Group, Inc. for
Fire Station No. 68 Interior Improvements, Capital
Improvement Project (CIP) No. 21-03
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Jennifer Hernandez, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve Amendment No. 1 to Professional Services Agreement with TR Design Group, Inc.
for the Fire Station No. 68 Interior Improvements, CIP 21-03, providing funding for additional
services in the amount of $29,448.25; and
2. Authorize the City Manager to execute Amendment No. 1 to Professional Services
Agreement with TR Design Group, Inc.
DISCUSSION
In December of 2020, the City entered into a Professional Services Agreement with TR Design
Group, Inc. for design services for the Fire Station No. 68 Interior Improvements (CIP 21-03) in
the amount of $57,659.40. The original scope of work included: preparation of as-builts,
conceptual design, materials and equipment selections, construction drawings, and peer
reviews.
The project is currently in the design phase and plans are at 90% completion. Staff has been
working with CalFire in adding a medic response vehicle for the south area of the City. Staff was
reviewing two potential locations for the medic response vehicle, Fire Station 68 and Fire Station
76. In consultation with CalFire, it was determined that Fire Station 76 would require a significant
remodel to the station to house the new equipment/staff as the station is already fully programed.
CalFire is recommending the remodel project for Fire Station 68 be modified to accommodate the
addition of the future medic response vehicle and staffing.
In addition, staff is recommending increasing the consultant’s scope of work to include assistance
in the permitting process, support during bidding and support during construction.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:1
Menifee Mayor and City Council August 4,2021
Page 226 of 385
City of Menifee Staff Report
Amendment No. 1 for Fire Station No. 68 Interior Improvements, CIP 21-03
July 7, 2021
Page 2 of 2
5
6
2
The additional scope of work identified is defined below:
1.Revisions to the Construction Drawings: Revisions to the plans will include expansion
of Rooms 3 and 4 by five additional feet, along with preparation of a Statement of Probable
Construction Costs.
2.Permitting, Bidding Assistance, and Limited Construction Administration:
Permitting services include preparations of plans for electronic submittal. Assistance with
bidding will include the preparation, review, and issuance of bid sets during the bid phase
of the project. Additionally, requests for information (RFI) and preparations of addendums
are also included. Limited construction administration includes review of progress
payments and attendance of meetings with the awarded general contractor.
The total cost for the additional work and reimbursable expenses for TR Design Group is
$29,448.25, representing approximately 51% of the total contract cost. The proposed amendment
would increase the total cost of the agreement with TR Design Group to $87,107.65 from
$57,659.40 and extend the agreement to June 30, 2022 to ensure timely completion of the work.
Pursuant to Menifee Municipal Code Chapter 3.12.090, any contract change orders in the amount
greater than 10% of the contract amount or that exceeds $25,000 in value shall be approved by
the City Council. All other terms in the agreements shall remain the same.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The not-to-exceed amount of $29,448.25 for additional services is budgeted from the following
fund account:
Account Name and Number Available Balance Requested Amount
Fire Station #68 Remodel
521-4555-58101
$142,340.60 $29,448.25
ATTACHMENTS
1. Additional services Fire Station No. 68 Improvements Project, CIP 21-03
2. TR Design Group, Inc. Agreement
3. Amendment No. 1 for TR Design Group, Inc.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:2
Menifee Mayor and City Council August 4,2021
Page 227 of 385
Additional Services Change Order #01
Page 1 of 4
May 5, 2021 Revision # 2 TRD 20-014.01
This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial
ARCHITECT: CLIENT:
PROJECT: PHASE 1 RENOVATIONS TO THE EXISTING FIRE STATION NO. 68
ORIGINAL AGREEMENT:
THIS DOCUMENT IS AN AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF LIMITED
PROFESSIONAL SERVICES DATED DECEMBER 16, 2020. THIS ADDITIONAL SERVICES CHANGE ORDER
SHALL BE INCORPORATED IN TO THAT AGREEMENT AND ALL TERMS AND CONDITIONS SHALL REMAIN
IN FULL FORCE AND EFFECT.
SCOPE: REVISIONS TO THE CONSTRUCTION DRAWINGS WITH THE ADDITION OF PERMITTING, BIDDING
ASSISTANCE AND LIMITED CONSTRUCTION ADMINISTRATION INCLUDING:
ARCHITECTURAL
LIMITED STRUCTURAL ENGINEERING
LIMITED MECHANICAL ENGINEERING
LIMITED ELECTRICAL ENGINEERING
LIMITED PLUMBING ENGINEERING
SCOPE / INTENT AND EXTENT OF ARCHITECT'S ADDITIONAL SERVICES:
Phase 01 Conceptual Plans
None
Phase 02 Schematic Design / Building Design
None.
Phase 03 Planning Phase
None.
TR Design Group, Inc.
Thomas Riggle, Architect, License #: C24877
2900 Adams Street, Studio A-400
Riverside, CA 92504
951 – 742 – 7179
Carlos Geronimo
City of Menifee
29844 Haun Road
Menifee, CA 92586
951 – 672 – 6777
cgeronimo@cityofmenifee.us
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:3
Menifee Mayor and City Council August 4,2021
Page 228 of 385
Additional Services Change Order #01
Page 2 of 4
May 5, 2021 Revision # 2 TRD 20-014.01
This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial
Phase 04 Contract Documents
Prepare Detailed Construction Drawings. Revise 95% plans to expand Rooms 3 and 4 by 5 additional
feet. Revise S,M,P,E plans to accommodate the increased size. Coordinate with Consultants. Coordinate
with City. Back check plans for Quality Assurance. Revise plans per Plan Check submittal requirements.
Minor* revisions to the plans per the Client's requirements. Revolve Accessible Path of Travel and
parking space.
Prepare Statement of Probable Construction Costs based on current square foot cost data and
anticipate construction techniques. Actual Construction Costs will vary depending on Agency
requirements, Client's selections, and other economic factors.
* Major changes will require Additional Services.
** The required time to complete this Phase is 2-3 weeks depending on the Consultants' preparation
times. This Phase is complete upon the Construction Documents package being ready for submittal to the
Agency.
Phase 05 Bidding Assistance (Time & Materials)
Bidding Assistance up to 8 hours included.
Typical tasks include:
Prepare, review, and issue Bid Sets. Attend (1) one meeting during Bid Phase. (Bid Forms and
information to Contractors by Owner). Review RFIs and prepare Addenda as required.
Phase 06 Construction Administration (Time & Materials)
Construction Administration up to 80 hours included. Typical tasks include:
Reviewing Progress Payments. Up to 4 meetings with the City and/or GC. Reviewing and responding to
RFI's and Submittals. Material and shop drawings reviews. Clarifications.Note: Construction is
anticipated to be approximately 3 months. RFI's shall be limited to 20 and Submittals shall be limited to
10. Additional Construction Time, RFI's and/or Submittals may require Additional Services. * Major
changes will require Additional Service.
*** This proposal anticipates that a licensed, insured and bonded General Contractor will be
constructing the project.
Phase 07 Post Construction Services (Time & Materials)
Review As-Builts, Manuals and Warranties based on the General Contractor's markups generated
during construction.
Phase 08 Permitting (Time & Materials)
Prepare plans for electronic ssubmittal, check status periodicaly, download correction lists, provide
revised plans with response list. (permits pulled by GC). Includes up to 16 hours of permitting time.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:4
Menifee Mayor and City Council August 4,2021
Page 229 of 385
Additional Services Change Order #01
Page 3 of 4
May 5, 2021 Revision # 2 TRD 20-014.01
This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial
COMPENSATION FOR ADDITIONAL SERVICES OF THE ARCHITECT:
Shall be FIXED FEE PLUS TIME AND MATERIALS with a budget amount as follows:
Architectural & Consultant Services Phase Total
Phase 01 Conceptual Plans -$
Phase 02 Schematic Design / Building Design -$
Phase 03 Planning Phase -$
Phase 04 Contract Documents 8,400.00$
Architecture TR Design Group 5,525.00$
Structural Engineering BTI / 4 S.T.E.L - Revise foundation plan, roof framing plan
and details to extend the building approximately 5'.
1,150.00$
MEP Engineering TWA Engineers - revise Title 24 calculations and unit
selections for Room 3 and 4.
1,725.00$
Phase 05 Bidding Assistance (Time & Materials)1,980.00$
Phase 06 Construction Administration (Time & Materials)14,210.00$
Architecture TR Design Group 12,600.00$
Structural Engineering BTI / 4 S.T.E.L - Shop Drawing support included. Site visits
and Structural Observation not included.
-$
MEP Engineering TWA Engineering - CA Support 1,610.00$
Phase 07 Post Construction Services (Time & Materials)1,980.00$
Phase 08 Permitting (Time & Materials)2,160.00$
TOTAL WITH PERMITTING 28,730.00$
Services on a Time and Materials basis will periodically be billed at the hourly rate schedule within.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:5
Menifee Mayor and City Council August 4,2021
Page 230 of 385
Additional Services Change Order #01
Page 4 of 4
May 5, 2021 Revision # 2 TRD 20-014.01
This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial
BASIS OF COMPENSATION:
FOR ADDITIONAL SERVICES, as described above, Additional Compensation shall be computed as follows:
FIXED FEE BASIS PLUS TIME AND MATERIALS BASIS WITH A BUDGET AMOUNT OF:
Twenty Eight Thousand Seven Hundred Thirty Dollars and No Cents, $28,730.00,
plus reimbursable expenses.
PAYMENT SCHEDULE:
$ 8,400.00 plus Reimbursables due during the Contract Documents
$ 1,980.00 plus Reimbursables due during Bidding Assistance (Time & Materials)
$ 14,210.00 plus Reimbursables due during Construction Administration (Time & Materials)
$ 1,980.00 plus Reimbursables due during Post Construction Services (Time & Materials)
$ 2,160.00 plus Reimbursables due during Permitting (Time & Materials)
$ 28,730.00 TOTAL plus Reimbursables
$ 718.25 Reimbursables Budget
$ 29,448.25 including Reimbursables
COMPENSATION FOR FURTHER ADDITIONAL SERVICES beyond those listed in the basic services will be billed on an
hourly basis as described in The Terms and Conditions.
COMPENSATION FOR SERVICES OF THE ARCHITECTS CONSULTANTS: All Consultants (if engaged as part of the Scope)
including, but not limited to, civil, landscape, structural, mechanical, plumbing and electrical engineering shall be a multiple
of one and one and fifteen one-hundredths (1.15) times the amounts billed to the Architect for such services.
REIMBURSABLE EXPENSES:
FOR REIMBURSABLE EXPENSES, a multiple of one and fifteen one hundredths (1.15) times the expenses incurred by the
Architect, the Architect's employees and consultants in the interest of the project. Reimbursable will periodically be billed.
Reimbursables Budget As Required (usually less than 2.5% of contract amount)718.25$
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:6
Menifee Mayor and City Council August 4,2021
Page 231 of 385
2671/031858-0001
7630376.2 a09/14/20
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 21-03 FIRE STATION NO. 68 IMPROVEMENTS PROJECT
ARCHITECTURAL & ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of _____, 2020 (“Effective Date”) by and between the CITY OF MENIFEE, a
California municipal corporation, (“City”) and TR DESIGN GROUP, INC. a California S-
Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually
as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on December 18, 2020
and shall end on December 31, 2021 unless the term of this Agreement is otherwise terminated or
extended as provided for in Section 8. The time provided to Consultant to complete the Services
required by this Agreement shall not affect City’s right to terminate this Agreement, as provided
for in Section 8.
1.2 Standard of Performance. Consultant represents that Consultant is a provider of
professional and Consultant is experienced in performing the Services contemplated herein and,
in light of such status and experience, Consultant shall perform the Services required pursuant to
this Agreement in the manner and according to the standards observed by a competent practitioner
of the profession in which Consultant is engaged in the geographical area in which Consultant
practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
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16 Dec.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:7
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed FIFTY SEVEN THOUSAND
SIX HUNDRED FIFTY NINE DOLLARS AND FORTY CENTS ($57,659.40) not
withstanding any contrary indications that may be contained in Consultant’s proposal, for the
Services to be performed and reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Exhibit A, regarding the amount of compensation, this
Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be
the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services performed by
more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:8
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29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:9
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SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:10
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Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals. Any deductible or self-
insured retention shall be shown on the Certificate. If the deductible or self-insured retention
exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
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4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: CIP
21-03 FIRE STATION NO. 68 IMPROVEMENTS PROJECT- ARCHITECTURAL &
ENGINEERING SERVICES. The name and address for Additional Insured endorsements,
Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road,
Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of
ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
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retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (except there is no duty to defend professional
liability claims), and hold harmless City its officers, employees, and officials, from and against
claims, losses, costs, damages, liabilities, liens, actions, causes of action (whether in tort, contract,
under statute, at law, in equity, or otherwise) awards, fines, or penalties (including reasonable
attorneys’ fees recoverable by law) and any judgment (collectively, “Claims”) to the extent same
are caused in whole or in part by any negligence, recklessness or willful misconduct of Consultant,
its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall
bear the legal liability thereof) in the performance of professional services under this Agreement.
In no event shall the cost to defend charged to the design professional exceed the design
professional's proportionate percentage of fault.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend, and hold harmless City, and its officers, employees, officials, from and
against any and all Claims, to the extent same are caused in whole or in part by any negligent or
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wrongful act the performance of this Agreement by Consultant or by any individual or entity for
which Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any
provision of this Section 5 to the contrary, design professionals are required to defend and
indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design
professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business entities
that offer such services in accordance with the applicable provisions of the California Business
and Professions Code.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
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or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Consultant’s employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
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may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the Services
to the extent recoverable by law.
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. Contingent upon full
payment of undisputed amounts in accordance with this Agreement. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall become
the property of City. Consultant hereby agrees to deliver those documents to City upon the
expiration or termination of this Agreement. It is understood and agreed that the documents and
other materials, including but not limited to those described above, prepared pursuant to this
Agreement are prepared specifically for City and are not necessarily suitable for any future or other
use. Any use of such documents for other projects by City shall be without liability to Consultant.
City and Consultant agree that, until final approval by City, all data, plans, specifications, reports,
and other documents are confidential and will not be released to third parties without prior written
consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation if recoverable under applicable law and if the party claiming to be the prevailing party
recovers above a bona fide written settlement offer or a party successfully defends and prevents
recovery above a bona fide written settlement offer. If neither is met, the parties bear their own
respective attorney’s fees, expert fees and court costs. The court may set such fees in the same
action or in a separate action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Thomas Riggle, President (“Consultant’s Representative”). The Consultant’s
Representative shall have full authority to represent and act on behalf of Consultant for all purposes
under this Agreement. The Consultant’s Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Carlos Geronimo, Principal Engineer (“Contract Administrator”). All correspondence
shall be directed to or through the Contract Administrator or his designee. The Contract
Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from
any person other than the Contract Administrator or his designee.
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10.9 Notices. Any written notice to Consultant shall be sent to:
TR DESIGN GROUP, INC.
Attn: Thomas Riggle, President
7179 MAGNOLIA AVE
RIVERSIDE, CA 92504
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
Signature of Registered Professional with report/design responsibility,” as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
Signatures on Following Page]
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
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IN WITNESS WHEREOF. the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE CONSULTANT
w
illa, City Manager
A. Manwaring. City C
to Form:
t. i^rl/ln^4, Ut 1 lltorua
Jeffrey T. Melching, City Attorney
E-r-'ffiffiiffi.. P.".td.,t
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fhornas rgg e, Secretary
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
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EXHIBIT A
SCOPE OF SERVICES
Services shall include Architectural & Engineering Services for CIP 21-03 in the not to exceed
amount of FIFTY SEVEN THOUSAND SIX HUNDRED FIFTY NINE DOLLARS AND
FORTY CENTS ($57,659.40) as further detailed in the following pages.
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
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Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
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AMENDMENT NO. 1 TO
AGREEMENT BETWEEN TR DESIGN GROUP, INC.
AND THE CITY OF MENIFEE FOR CIP 21-03 FIRE STATION NO. 68 IMPROVEMENTS
PROJECT- ARCHITECTURAL & ENGINEERING SERVICES
This is Amendment No. 1 to that certain AGREEMENT for Professional Services
Agreement (“Agreement”) made on December 18, 2020 between the City of Menifee (“City”) and
TR DESIGN GROUP, INC. (“Consultant”) for CIP 21-03 FIRE STATION NO. 68
IMPROVEMENTS PROJECT- ARCHITECTURAL & ENGINEERING SERVICES which
Amendment No. 1 is made and entered into on ______________, 2021 to extend the term of the
services, increase the scope of work and compensation amount as indicated below:
1. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the
December 18, 2020 and shall end on June 30, 2022 unless the term of the Agreement
is otherwise terminated or extended as provided for in Section 8. The time provided
to Consultant to complete the services required by this Agreement shall not affect the
City's right to terminate the Agreement, as provided for in Section 8.
2. Section 1.6, “Covid-19 Safety” is included to read as follows:
1.6 Covid-19 Safety. If Consultant enters City property or meets in person
with City employees during the performance of the Services, Consultant shall comply
with all State, County, and local emergency orders, directives, protocols, and best
practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing
facial coverings, (B) maintaining adequate physical distancing when possible, (C)
regular hand washing, and (D) regular hand sanitizing.
3. Section 2, “Compensation” is amended to increase the maximum compensation by
$29,448.25 (TWENTY NINE THOUSAND FOUR HUNDRED FORTY EIGHT DOLLARS
AND TWENTY FIVE CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $87,107.65 (EIGHTY SEVEN
THOUSAND ONE HUNDRED SEVEN DOLLARS AND SIXTY FIVE CENTS)
notwithstanding any contrary indications that may be contained in Consultant's proposal,
for services to be performed and reimbursable costs incurred under this Agreement. In
the event of a conflict between this Agreement and Exhibit A, regarding the amount of
compensation, this Agreement shall prevail. City shall pay Consultant for services
rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the
manner specified herein. Except as specifically authorized in advance by City, Consultant
shall not bill City for duplicate services performed by more than one person.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:28
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Page 253 of 385
Professional Services Amendment No. 1 with TR DESIGN GROUP, INC.
4.Section 3. Exhibit A, Scope of Services is supplemented to include Amendment No. 1
Scope of Work Additional Work, which supplement is attached as Exhibit A hereto.
“Amendment No. 1 Scope of Work Additional Work (Amendment No. 1)” is not
intended to replace the original Exhibit A to the Agreement, but instead to augment and
increase the scope of work listed in the original Exhibit A to the Agreement.
5. All other terms and conditions of the Agreement remain in full force and effect.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:29
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Professional Services Amendment No. 1 with TR DESIGN GROUP, INC.
CITY OF MENIFEE TR DESIGN GROUP, INC.
_______________________________ _______________________________
Armando G. Villa, City Manager Thomas Riggle, President
Attest: ________________________________
Thomas Riggle, Secretary
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:30
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Professional Services Amendment No. 1 with TR DESIGN GROUP, INC.
Amendment No. 1 – Exhibit A: Scope of Work Additional Work
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:31
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Professional Services Amendment No. 1 with TR DESIGN GROUP, INC.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:32
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Professional Services Amendment No. 1 with TR DESIGN GROUP, INC.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:33
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Page 258 of 385
Professional Services Amendment No. 1 with TR DESIGN GROUP, INC.
Item Title:10.12 Agreement Amendment No.1 for TR Design Group,Inc.for Fire Station No.68 Interior Improvements,
Capital Improvement Project (CIP)No.21-03
Item Page Number:34
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CITY OF MENIFEE
SUBJECT: Final Map and Agreements for Tract Map 36852, Del Oro
Development by DR Horton
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Security Agreements for Onsite
Streets, Water and Sewer Systems to guarantee completion of required improvements
associated with Tract 36852, located at the southwest corner of Holland Road and Palomar
Road; and
2. Approve and authorize the City Manager to execute the Security Agreements for Offsite
Streets, Drainage, Water and Sewer Systems to guarantee completion of required
improvements associated with Tract 36852; and
3. Approve and authorize the City Manager to execute a Security Agreement for Placement of
Monuments for Tract 36852; and
4. Approve and authorize filing of the final map for Tract 36852.
DISCUSSION
Tentative Tract Map (TTM) 36852 is a proposed subdivision of approximately 20 gross acres of
land into 68 lots for residential use, located at the southwest corner of Holland Road and Palomar
Road as shown on the attached Project Location and Vicinity Map.
DR Horton is developing the property for the underlying property owner, Forestar (USA) Real
Estate Group, Inc. The developer and the property owner are now requesting approval and filing
of the final map and associated Security Agreements as required by the project’s conditions of
approval. The Security Agreements require that improvement securities be posted to guarantee
the completion of the required improvements within 24 months from the City Council approval
date of the final map for TTM 36852.
Item Title:10.13 Final Map and Agreements for Tract Map 36852,Del Oro Development by DR Horton
Item Page Number:1
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City of Menifee Staff Report
Final Map and agreements for Tract Map 36852
August 4, 2021
Page 2 of 2
6
1
6
Staff reviewed the request and has determined the final map and associated Agreements meet
the requirements of the project conditions.
A summary of the bonds that are being posted to guarantee the completion of the required
improvements is shown below:
(1) TM 36852 Offsite Improvements:
Improvement Security Faithful Performance Material & Labor
Streets and Drainage 800042854 $ 1,422,500 $ 711,250
Water System 800042854 $ 500 $ 250
Sewer System 800042854 $ 6,500 $ 3,250
Total $ 1,429,500 $ 714,750
(2) TM 36852 Onsite Improvements:
Improvement Security Faithful Performance Material & Labor
Streets 800042853 $ 946,500 $ 473,250
Water System 800042853 $ 426,000 $ 213,000
Sewer System 800042853 $ 329,000 $ 164,500
Total $ 1,701,500 $ 850,750
(3) TM 29835-2 Survey Monuments:
Monuments Security Faithful Performance Material & Labor
Monument Placement 2316689 $ 46,080 N/A
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Vicinity Map
2. Offsite Improvement Bond Agreement
3. Onsite Improvement Bond Agreement
4. Survey Monument Bond Agreement
Item Title:10.13 Final Map and Agreements for Tract Map 36852,Del Oro Development by DR Horton
Item Page Number:2
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IN WITNESS WHEREOF, Developer has affixed his name, address and seal.
1::k--Dated: YYV\j S , 2021
Dated: , 2021 --------
CITY OF MENIFEE
By ___________ _
Bill Zimmerman, Mayor
ATTEST:
By ___________ _ Sarah Manwaring, City Clerk
By: Forestar (USA) Real Estate Group, Inc. b , -� c. fu rti-t-Name �ea�
Title
CITY OF MENIFEE
By: ___________ _ Yolanda Macalalad, Acting City Engineer
APPROVED AS TO FORM:
By:----------Jeffery T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY AND EXECUTED IN TRI PLICATE
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IN WITNESS WHEREOF, Developer has affixed his name, address and seal.
Dated: M/bi 5� , 2021 By: Forestar (USA) Real Estate Group, Inc.
Dated: , 2021 -------
CITY OF MENIFEE
By ___________ _
Bill Zimmerman, Mayor
AT TEST:
By ___________ _ Sarah Manwaring , City Clerk
DGLn\.Q, e.,,_ Sse-r-b� Name j�llh Signature
Title
CITY OF MENIFEE
By:------------Yolanda Macalalad, Acting City Engineer
APPROVED AS TO FORM:
By:----------Jeffery T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
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IN WITNESS WHEREOF, Developer has affixed his name, address, and seal.
Dated: {V\� 5-tJ..-, 2021 By: Foresta, (USA) Real Estate Group, Inc. De-""\ eJ (; . �
Dated: , 2021 -------
CITY OF MENIFEE
By ___________ _
Bill Zimmerman, Mayor
ATTEST:
By ___________ _ Sarah Manwaring, City Clerk
tlJ)� Signature
Title
CITY OF MENIFEE
By:------------Yolanda Macalalad, Acting City Engineer
APPROVED AS TO FORM:
By:----------Jeffery T. Melching, City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY AND EXECUTED IN TRIPLICATE
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CITY OF MENIFEE
SUBJECT: Final Map and Agreements for Tract Map 29835-3, KB Home
Coastal Inc.
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Security Agreement for Street
Improvements to guarantee completion of required improvements for IP 19-003 associated
with Tract 29835-3, located at Antelope Road and Rouse Road; and,
2. Approve and authorize the City Manager to execute a Security Agreement for Placement of
Monuments for Tract 29835-3; and,
3. Approve and Authorize Filing of the Final Map for Tract 29835-3, KB Home Coastal Inc.
DISCUSSION
Tentative Tract Map (TTM) 29835-3, also known as Underwood Development, is a proposed
subdivision of 29.45 gross acres of land into 134 lots for residential use and is located at Antelope
Road and Rouse Road as shown on the attached Vicinity Map. TTM 29835-3 is the third map
phase of the proposed five-phase map to be developed in the Underwood community. The
tentative map was originally approved by the County of Riverside on August 29, 2006. The Unit
Phasing Map for five phases was administratively approved by the City on August 17, 2020.
KB Home Coastal Inc. is now requesting approval and filing of the final map for TTM 29835-3,
and approval of the associated Security Agreements as required by the project’s conditions of
approval. The Security Agreements require that improvement securities are posted to guarantee
the completion of the required improvements within 24 months from the Council approval date of
the final map and the associated Security Agreements.
Staff reviewed the request and has determined the final map and associated Agreements have
met the requirements of the project conditions.
Item Title:10.14 Final Map and Agreements for Tract Map 29835-3,KB Home Coastal Inc.
Item Page Number:1
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Page 330 of 385
City of Menifee Staff Report
Final Map and Agreements for Tract Map 29835-3
August 4, 2021
Page 2 of 2
5
9
3
A summary of the bonds that are being posted to guarantee the completion of the required
improvements are shown below:
(1) TM 29835-3 Improvements:
Improvement Security Faithful Performance Material & Labor
Streets (IP 19-003)024247074 $ 1,877,000 $ 938,500
Total $ 1,877,000 $ 938,500
(2) TM 29835-3 Survey Monuments:
Monuments Security Faithful Performance Material & Labor
Monument Placement 024254312 $144,000 N/A
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Vicinity Map
2. Project Map
3. Improvement Agreement with Bonds
4. Survey Monument Agreement with Bonds
5. Supplementary Master Declaration Tract 29835-3
Item Title:10.14 Final Map and Agreements for Tract Map 29835-3,KB Home Coastal Inc.
Item Page Number:2
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Vicinity Map N
Item Title:10.14 Final Map and Agreements for Tract Map 29835-3,KB Home Coastal Inc.
Item Page Number:3
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No. 9029PROFESSIONAL LAND S
UR
VEYORSTA
TE OF CALI FO RNI ATHOMAS M. CAS
EL
D
I
NEItem Title:10.14 Final Map and Agreements for Tract Map 29835-3,KB Home Coastal Inc.
Item Page Number:4
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R.S. 126/60
R.S. 131/82-84
R.S. 118/62
P.M.B. 72/56
P.M.B. 103/27
P.M. NO. 15443
P.M. NO. 24373
P.M.B. 182/67-68
R.S. 65/35-36
TRACT NO. 19781 M.B. 186/32-40
122
123
124
125
126
127
128
ROMOLA FARMS M.B. 11/15NE 1/4 SEC. 22,T.5 S., R. 3 W. S.B.M.174
TRACT NO. 29777, M.B. 467/83-90175
R.S. 142/66
928
POR. OF LOTS
932, 943
POR. OF LOTS
931, 944
930
POR. OF LOTS
929, 945, 946
M.B. 15/29-31
ROMOLA FARMS NO. 10
16951688
16941689
16931690
16921691
ROMOLA FARMS NO. 15
M.B. 15/98-100
TRACT NO. 29835-1
M.B. 470/ 69-76
P.M. N
O
.
1
5
9
0
5
P.M.B.
9
8/
5
9
PAR. 3
PAR. B LLA 4895
INST. NO.
2005-0520051,
REC. 6-30-05, O.R.
PAR. 8
TRACT NO. 29835-2
M.B. 478 / 70-80
1686
LLA 16-001INST. NO. 2017-0224133,REC. 6-05-17, O.R.PAR. APAR. BPAR. CLLA 16-001INST. NO. 2017-0224133,REC. 6-05-17, O.R.PAR. APAR. BPAR. CPAR. A
R.S. 126/60
P.M.B. 81/20
ROMOLA FARMS NO. 15 M.B. 15/98-100
1673 1674
1672 1675
1671 1676
1681 1682
1680 1683
1670
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R.S. 126/60
1688
1689
1687
1686
ROMOLA FARMS NO. 15
M.B. 15/98-100
747
748
1690
1691
TRACT NO. 29835-2
174
TRACT NO. 29777, M.B. 467/83-90175
TRACT NO. 29835-2
M.B. 478 / 70-80
LOT 67
LOT 71
N
ROMOLA FARMS NO. 6A
M.B. 14/62-65
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CITY OF MENIFEE
SUBJECT: Public, Educational, and Governmental Access Channel Updates
and Partnerships
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Dominique Samario, Public Information Officer
Ron Puccinelli, Chief Information Officer
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Authorize staff to engage in the further development of a public, educational, and
governmental (PEG) access channel programming partnership with Mt. San Jacinto College,
and;
2. Authorize staff to engage in the further development of a PEG access channel programming
partnership with the County of Riverside, and;
3. Authorize staff to initiate measures to create a City of Menifee governmental access
channel.
DISCUSSION
As part of its Strategic Vision Plan, the City Council set a goal to build an accessible,
interconnected community and a responsive and transparent government. Doing so will support
the City of Menifee’s (City’s) vision to foster efficient multi-modal communication that would be
utilized to inform and educate the community, develop a clear sense of place, and establish a
unique identity. One of the methods to make this vision a reality is to explore the feasibility of
creating Menifee’s own Public, Educational, and Governmental (PEG) access channel.
Under the federal Cable Act and California’s Digital Infrastructure and Video Competition Act of
2006 (DIVCA), local franchising authorities such as the City may require cable operators to set
aside channels for PEG use. A PEG channel is used to broadcast local government programming
and, and in most jurisdictions, the local governments directly control these channels.
Following direction from Council to explore the feasibility of establishing Menifee’s own PEG
television channel, staff has been working with the City Attorney’s Office to determine a path to
establish a government access channel in Menifee (Menifee TV). The goal of Menifee TV would
Item Title:12.1 Public,Educational,and Governmental Access Channel Updates and Partnerships
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be multifaceted. It would increase and enhance the ability for the City to share information with
the community in a timely and transparent manner. Programming would include public meeting
broadcasts; updates on community programs, activities, and services; support for local
businesses; promotion of tourism; and educational resources for City policies and initiatives. It is
essential for the success of Menifee TV to produce regular updates for residents and media
outlets that would highlight the plans and accomplishments of the organization while providing
reliable broadcast quality video of public meetings and other Menifee specific content.
PEG Channel Creation
To broadcast this content to households within the City of Menifee, staff researched the viability
of applying for PEG channel access with local cable providers. Two elements for pursuing this
process are now in place, including (1) the legal foundation for requesting a governmental access
channel and (2) establishing partnerships to establish a foundation for content creation.
In working with the City Attorney’s Office, it has been determined that because the City
incorporated two years after the State of California adopted DIVCA, there is no regulation in
California or federal law that would prohibit the City from acquiring one to three channels from the
local cable providers for its PEG content. California Public Utilities Code (§ 5870(c)) specifically
recognizes a local agency’s ability to “initially request” the provision of a total of three PEG
channels.
This process will likely take between six and twelve months to initiate and perform all procedural
work to secure at least one cable channel on which to broadcast Menifee TV. During that time,
the City will need to establish a system to prove the viability of broadcasting nonduplicated
television programming for an average of 56 hours per week measured on a quarterly basis. This
equates to eight hours of unique programming per day.
Partnership Opportunities
Staff has explored possible partnership opportunities to provide content to the community while
staff secures a PEG channel on local cable providers. The City currently has opportunities to
partner with Mt. San Jacinto College (MSJC) to broadcast content on its educational channel and
with the County of Riverside on its governmental channel. These partnerships would also allow
City staff to begin increasing content creation in order to ultimately fulfill the 56-hour-per-week
minimum envisioned by DIVCA. Neither partnership would require additional financial costs
beyond the staff time required to prepare the content and the technical aspect of sharing the
content with the partner agencies.
These partnerships could continue long-term, even after the establishment of the City PEG
channel, or they could be phased out once a City-operated PEG channel is established. Both of
these partnerships have confirmed that they could, at minimum, broadcast Menifee City Council
and Planning Commission meetings live on Wednesday evenings.
With City Council approval, staff will formally pursue these partnerships, allowing the City to share
Menifee meetings, news, and different programming. This would also increase the ability to
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produce unique content while initiating Menifee’s own governmental access channel to share
content 24 hours a day.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Government and Accessible and Interconnected Community.
FISCAL IMPACT
The costs related to pursuing both the partnerships and also the creation of Menifee TV are
primarily limited to the cost of staff time. The majority of work will be completed by internal staff,
including the Public Information Officer and the Audio/Visual Technician and are included in the
FY21/22 adopted budget.
As the process of developing the City’s own PEG channel(s) moves forward, staff will return for
City Council approval with a full implementation plan and budget.
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CITY OF MENIFEE
SUBJECT: Public Safety Reporting
MEETING DATE: August 4, 2021
TO: Mayor and City Council
PREPARED BY: Imelda Huerta, Senior Management Analyst
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Review the Public Safety reporting background and evolution; and,
2. Define the purpose and intent of Public Safety reporting; and,
3. Provide direction regarding reporting Public Safety items.
DISCUSSION
At the March 17, 2021, City Council meeting, the City Council requested a future agenda item
regarding the Public Safety Committee structure.
At the May 19, 2021, City Council meeting, staff provided a presentation and reported on the
background and formation of the Committee, attendees, Committee topics, absence of formation
documents and policies, and current Committee status. A summary of the report included
information on topics that were included as part of the Committee’s evolution. The most recent
topics included:
A Public Safety Report Summary (statistic/data summary of the below noted departments
and agencies)
School Districts Monthly Report
Fire Department Monthly Report
Office of the Fire Marshal Monthly Report
Police Department Monthly Report
Code Enforcement Monthly Report
Animal Control Monthly Report
Public Works/Engineering Monthly Report
Community Services Park Ranger & City Facilities Monthly Report
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Staff Comments
Committee Reports/Comments on Committee Activities
After considerable discussion, City Council voted to dissolve the Committee and directed staff to
return with options regarding presentation and dissemination of public safety reports.
Staff discussed and reviewed the May 19th meeting and are proposing the following alternatives
and options:
ALTERNATIVES
Alternative 1:
Receive reports from the Menifee Police Department (to include Code Enforcement and Animal
Control) and the Fire Department (to include the Office of the Fire Marshal) only.
Alternative 2:
Continue to receive reports from all departments and noted outside agencies:
School Districts Monthly Report
Fire Department Monthly Report
Office of the Fire Marshal Monthly Report
Police Department Monthly Report
Code Enforcement Monthly Report
Animal Control Monthly Report
Public Works/Engineering Monthly Report
Community Services Park Ranger & City Facilities Monthly Report
OPTIONS
Option 1:
Conduct a quarterly “special meeting” prior to the corresponding second City Council meeting of
the month, where all agencies and relevant departments can report findings, comparisons to
previous months, etc.
This option would allow staff to present information from the Fire Department, Office of the
Fire Marshal, Police Department, Code Enforcement, Public Works/Engineering,
Community Services (Park Ranger & City Facilities), and outside agencies (school districts
and Animal Control (if desired)).
This option would also allow staff to thoroughly analyze data and situational changes in a
time efficient manner.
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Option 2:
Continue to collect reports and have one staff member present to the City Council once a month
and provide a summary of the data and statistics under the “Presentation” agenda section. This
could also be a receive and file item or discussion. Applicable staff are typically available during
all Council meetings and outside agencies would be invited to join should Councilmembers have
questions.
The second City Council meeting of the month is recommended to collect accurate data
of the prior month(s).
Option 3:
Alternate which departments present their information and data to City Council, for example:
Public Works/Engineering, Community Services (Park Ranger & City Facilities), and
school districts present at the 1st City Council meeting of the month; and
Fire Department, Office of the Fire Marshal, Police Department, and Animal Control
present at the 2nd City Council meeting of the month.
Option 4:
Staff would continue to report on internal department information monthly (Fire, Police
Department, Code Enforcement, Community Services (Park Ranger & City Facilities), Public
Works/Engineering) via electronic means or printed reports and conduct a quarterly update with
all departments and outside agencies (Animal Control and/or school districts). This could be one
staff member reporting out at the City Council meeting and applicable staff would be available
should questions arise.
OTHER CONSIDERATIONS
Staff time:
o Collection of information and data
o Information/data analysis and preparation
o Coordination with all departments and agencies to receive information prior to
deadline(s)
o Report preparation (summary of data/information and visuals/graphics)
o Presentation preparation
Coordination with outside agencies:
o School District staff may have conflicting schedules due to other Board meetings
and/or school schedules should presentations be made before or during City
Council meetings.
o Conflicting schedules may also arise with Animal Control staff.
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Staff is requesting direction from City Council regarding the purpose and intent of Public Safety
reporting, as well as the reporting process. Additionally, should City Council move forward with
establishing a Public Safety Committee, staff will return with a formal Resolution to formalize the
Committee.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community and Responsive and Transparent Community Government.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
None.
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