2020-09-02 City Council Regular MEETING - Agenda PacketCity Council Chambers Menifee City Council
Via RingCentral (see below) Regular Meeting Agenda
Menifee, CA 92586
Wednesday, September 2, 2020
5:00 PM Closed Session
6:00 PM Regular Meeting
Bill Zimmerman, Mayor
Greg August, District 1
Matthew Liesemeyer, District 2 Armando G. Villa, City Manager
Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney
Dean Deines, District 4 Sarah A. Manwaring, City Clerk
AGENDA
AS A RESULT OF THE COVID-19 VIRUS, AND RESULTING ORDERS AND DIRECTION
FROM THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF
CALIFORNIA, AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL
AS THE CITY OF MENIFEE EMERGENCY DECLARATION, THE PUBLIC WILL NOT BE
PERMITTED TO PHYSICALLY ATTEND THE MENIFEE MEETING TO WHICH THIS AGENDA
APPLIES. YOU MAY PARTICIPATE IN THE MEETING BY:
VIDEO: https://meetings.ringcentral.com/j/3668649023
PHONE: (623) 404-9000, MEETING ID #3668649023
PUBLIC COMMENTS: TO SUBMIT PUBLIC COMMENTS EMAIL
publiccomments@cityofmenifee.us
FOR MORE INFORMATION GO TO http://cityofmenifee.us/621/Virtual-City-Clerk-Services, OR
CONTACT THE CITY CLERK DEPARTMENT AT (951) 672-6777.
CLOSED SESSION (5:00 P.M.)
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to litigation pursuant to Government Code paragraph (2) or (3) of
subdivision (b) of Section 54956.9
1 potential case
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
BTS Sun City LLC v City of Menifee, Lionel Martinez
Riverside County Superior Court Case No. RIC1905639
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
BTS Sun City LLC
Riverside County Superior Court Case No. MCC2000437
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
BTS Sun City LLC
Riverside County Superior Court Case No. MCC2000444
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
BTS Sun City LLC
Riverside County Superior Court Case No. MCC2000445
Menifee Mayor and City Council
Regular Meeting Agenda
Wednesday, September 2, 2020
Page 2 of 5
REGULAR MEETING (6:00 P.M)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Bob Warning, Crossway Menifee Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Clean Air Day Proclamation
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NON-AGENDA 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 non-agendized
matters at the time such comments are made. Each speaker will be limited to three minutes on any single
item. Please submit a completed speaker card to the City Clerk.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1. Approval of Minutes of August 19, 2020
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 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
Ratify and approve the Voucher List dated 8/14/2020 and the Payroll Register/Other
EFT’s dated 8/03/2020, 8/06/2020, 8/07/2020 and 8/10/2020 which have a total
budgetary impact of $2,012,354.43.
10.3. Treasurer's Report, July 2020
RECOMMENDED ACTION
Approve the Treasurer’s Report for July 2020.
Menifee Mayor and City Council
Regular Meeting Agenda
Wednesday, September 2, 2020
Page 3 of 5
10.4. Amendment to Contracting Authority and Permit Expiration Deadlines During
Local Emergency
RECOMMENDED ACTION
Adopt a Resolution amending (1) resolution proclaiming a local emergency to revise
the scope of contracting authority, and (2) amending resolution allowing for extensions
of entitlement expiration deadlines.
10.5. Agreement with Southern California Edison for the Relocation of Electrical
Facilities for the Holland Road Overpass Project, CIP 13-03
RECOMMENDED ACTION
Authorize the City Manager to execute Utility Agreement No. 1 between the City of
Menifee and Southern California Edison for reimbursement costs related to the
relocation of electrical facilities for the Holland Road Overpass Project, CIP 13-03.
10.6. Amendment No. 3 with NV5, Inc. for CIP 13-04 Bradley Bridge Design Project
RECOMMENDED ACTION
Approve Amendment No. 3 with NV5 Inc. for CIP 13-04, Bradley Bridge Design
Project, providing funding for Stormwater Pollution Prevention Plan (SWPPP)
preparation in the amount of $8,500 and extending the term of services through June
30, 2021.
10.7. Fiscal Year 2020-2021 Capital Improvement Program Budget Increase for Ash
Dale Way Drainage Improvement Project, CIP 21-14
RECOMMENDED ACTION
1. Add CIP 21-14: Ash Dale Way Drainage Improvement Project, to the Fiscal Year
2020/21 CIP Drainage Project Listing; and
2. Adopt a Resolution to appropriate $150,000 from Fund 460 Capital Projects available
fund balance for the Ash Dale Way Drainage Improvement Project.
10.8. Agreement with Rick Engineering Company for Design Services of Traffic Signal
at Murrieta Road/ Sun City Boulevard, CIP 21-09
RECOMMENDED ACTION
Approve a Professional Services Agreement with Rick Engineering Company in an
amount not-to-exceed $65,780 for design services of traffic signal at Murrieta
Road/Sun City Boulevard, CIP 21-09.
10.9. Agreements with STC Traffic, Inc. for Design Services of Traffic Signals at
Menifee Road/La Piedra Road, CIP 21-07 and at Murrieta Road/Rouse Road,
CIP 21-10
RECOMMENDED ACTION
1. Approve and execute a Professional Services Agreements with STC Traffic, Inc. in
the amount not-to-exceed $30,150 for design services of traffic signals at Murrieta
Road/Rouse Road, 21-10; and
2. Approve and execute a Professional Services Agreements with STC Traffic, Inc. in
Menifee Mayor and City Council
Regular Meeting Agenda
Wednesday, September 2, 2020
Page 4 of 5
the amount not-to-exceed $32,650 for design services of traffic signals at Menifee
Road/La Piedra Road, CIP 21-07.
ITEMS PULLED FROM CONSENT
11. PUBLIC HEARING ITEMS
11.1. Appeal No. PLN20-0159—Appeal of the Approval; And, Appeal PLN20-0169—
Appeal of the Approval; And, Appeal No. PLN 20-0199—Appeal of the Indemnity
Condition of Approval of “Haun and Holland Mixed Use Center” Tentative Parcel
Map No.37121 (Planning Application No. 2016-135)
RECOMMENDED ACTION
1. Conduct a public hearing; and
2. Adopt a Resolution rescinding the Planning Commission Resolution No. PC20-514
for the adoption of the Initial Study and Mitigated Negative Declaration and the
Planning Commission Resolution No. PC20-515 approving Tentative Parcel Map
No. 2016-185 (Pm 37121) and declaring the appeals of those Planning
Commission Resolutions moot.
12. DISCUSSION ITEMS
12.1. Office of Traffic Safety Selective Traffic Enforcement Program Grant for the
Police Department
RECOMMENDED ACTION
Adopt a Resolution accepting the grant funds from the Office of Traffic Safety for the
Selective Traffic Enforcement Program grant in the amount of $115,000.
12.2. Southwest Cities SWAT Memorandum of Understanding
RECOMMENDED ACTION
Authorize the City Manager to enter ratify the Memorandum of Understanding (MOU)
with the cities of Hemet and Murrieta for the purposes of establishing a joint Special
Weapons and Tactics team (Southwest Cities SWAT); which includes the City of
Menifee.
12.3. Armored Rescue Vehicle Purchase
RECOMMENDED ACTION
Approve the attached budget amendment Resolution authorizing the Menifee Police
Department’s budget carryovers, as of June 30, 2020 for purchase of refurbished G3
BearCat Armored Rescue Vehicle (ARV), to fiscal year 2020/21.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
Discuss strategy to address phase-out of illegal uses (Liesemeyer, July 18, 2018)
Menifee Mayor and City Council
Regular Meeting Agenda
Wednesday, September 2, 2020
Page 5 of 5
Target Date: TBD
Discuss Outstanding Citizen of the Month Policy (Sobek, February 20, 2019)
Target Date: September 2020
Central Park Improvements/Connectivity to Shopping, Residential (Liesemeyer, August
7, 2019)
Target Date: TBD
Discuss Options to Assist with Absence of School Buses (Liesemeyer, August 21, 2019)
Target Date: TBD
Discuss Veteran Street Name Program (Sobek, October 2, 2019)
Target Date: TBD
Workshop to discuss residential uses in EDC (Zimmerman, December 18, 2019)
Target Date: TBD
Off-Site Signage Options (Liesemeyer, January 15, 2020)
Target Date: September 2020
WRCOG presentation on Community Choice Aggregation (Liesemeyer, February 5,
2020)
Target Date: TBD
Review and Revisions to Committee Resolutions (Liesemeyer, February 5, 2020)
Target Date: November 2020
Post Pandemic Report and Update on New Technology Implementations (Deines, April
15, 2020)
Target Date: TBD
Discussion to Open DIF and Assess Park Allocations (Liesemeyer, June 17, 2020)
Target Date: TBD
Domestic Violence and Drug Abuse PSA (Sobek, July 15, 2020)
Target Date: TBD
Alarm Ordinance (Zimmerman, August 5, 2020)
Target Date: January 2021
Keeping California Safe (Sobek, August 5, 2020)
Target Date: TBD
16. ADJOURN
Decorum Policy Notes
You may submit comments on any agenda item by emailing requests
to publiccomments@cityofmenifee.us prior to the item being heard. The Council
anticipates and encourages public participation at its Council meeting, both on
agenda items and during the public comments period. While we encourage
participation, we ask there be 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) 672-6777 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) 672-6777. Notification 72 hours prior to the
meeting will enable the City to make reasonable arrangements to assure accessibility
to this meeting.
Virtual Meeting Menifee City Council
Via Ring Central Regular Meeting Minutes
Menifee, CA 92586
Wednesday, August 19, 2020
6:00 PM Regular Meeting
Bill Zimmerman, Mayor
Greg August, District 1
Matthew Liesemeyer, District 2 Armando G. Villa, City Manager
Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney
Dean Deines, District 4 Sarah A. Manwaring, City Clerk
MINUTES
REGULAR MEETING (6:00 P.M.)
1. CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:01 P.M.
2. ROLL CALL
Attendee Name Title Status
Bill Zimmerman Mayor Present
Greg August District 1 Present
Lesa Sobek District 3 Present
Matt Liesemeyer District 2 Present
Dean Deines District 4 Present
3. WORDS OF INSPIRATION
Due to technical difficulties Pastor Grace Obot was not available. Councilmember Sobek
provided the words of inspiration.
4. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Liesemeyer led the flag salute.
5. PRESENTATIONS
5.1. Mt. San Jacinto College Update
Mt. San Jacinto College President, Dr. Roger Schultz, provided an update on Mt.
San Jacinto College (MSJC). Dr. Schultz reported on the school locations, Board
of Trustees, attendance and graduation statistics, transfer increases, COVID-19
adjustments, the MSJC promise, future Science, Technology, Engineering and
Mathematics (STEM) program, MSJC Student Center, Kinesiology and Athletics
Complex, 3000 Building, future Temecula Valley campus, a regional higher
education center, mobile career center, MSJC educational programs, Eagle
MakerSpace, MSJC Foundation, annual economic impact on the region, strategic
initiatives moving forward, and future of the college.
The City Council asked a question regarding the seating capacity of the new
stadium and thanked Dr. Schultz for the update and partnership with the City.
9.1
Packet Pg. 6 Minutes Acceptance: Minutes of Aug 19, 2020 6:00 PM (APPROVAL OF MINUTES)
Menifee Mayor and City Council
Regular Meeting Minutes
Wednesday, August 19, 2020
Page 2 of 9
Mayor Zimmerman commented on the desire of the City Council to be informed
of upcoming ribbon cuttings for the college and stated the City was committed to
attracting local jobs for graduates to the City of Menifee.
6. AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (5-0) with no modifications.
7. PUBLIC COMMENTS (NON-AGENDA ITEMS)
City Clerk Sarah Manwaring read public comments received by the following:
• Esmeralda Angulo
• Tony LoPiccolo
• Esmeralda
8. COUNCILMEMBER UPDATES AND COMMENTS
Councilmember August inquired about the status of the police substation. City Manager
Armando Villa provided an update.
Councilmember Sobek reported on the meetings and events she attended.
• Regional Conservation Authority (RCA) Zoom Executive Meeting
• Assisted Betty Borris and Volunteers Picking Grapefruit for Food Pantries
• American Rally and Support our Police Rallies
• Public Safety Committee Meeting
• Central Park Ad Hoc Meeting
• Distributed Masks to Businesses with Menifee Chamber of Commerce
• Blitzers Frozen Yogurt Recognition of Bella Hullings
Mayor Pro Tem Liesemeyer reported on the meetings and events he attended.
• Distributed Masks to Businesses with Menifee Chamber of Commerce
• Public Safety Committee Meeting
• Arts Council Menifee Meeting
Mayor Zimmerman inquired about an update on the shade structure for Central Park and
discussed the Salt Creek Trail improvements. Councilmember Sobek suggested a
portion of the trail be named after Dr. Martin Rosen.
Mayor Zimmerman reported on the meetings and events he attended.
• Webinar by County Supervisor Jeff Hewitt regarding Small Businesses
• Rotary Virtual Meeting with Speaker Eric Bungy with Habitat for Humanity
• Arts Council Menifee Meeting
• Statewide Mayor Meeting
• Menifee Union School District Board Meeting
• Riverside County Transportation Commission (RCTC) Meeting
• League of California Cities (LOCC) Mayor's Meeting
• Chamber of Commerce Business Social Zoom Meeting
• Sun City Library Story Time
• Blitzers Frozen Yogurt Recognition of Bella Hullings
9.1
Packet Pg. 7 Minutes Acceptance: Minutes of Aug 19, 2020 6:00 PM (APPROVAL OF MINUTES)
Menifee Mayor and City Council
Regular Meeting Minutes
Wednesday, August 19, 2020
Page 3 of 9
9. APPROVAL OF MINUTES
9.1. Approval of Minutes of August 5, 2020
The minutes were approved unanimously (5-0) with no modifications.
10. CONSENT CALENDAR
City Clerk Sarah Manwaring read a public comment submitted by Don Slater regarding
Item No. 10.3.
Councilmember Sobek requested to pull Item Nos. 10.12 and 10.14 for further
discussion.
Mayor Zimmerman requested to pull Item No. 10.3 for further discussion.
The balance of the Consent Calendar was approved by the following vote.
RESULT: Adopted [Unanimous]
MOVER: Matt Liesemeyer
SECONDER: Lesa Sobek
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
10.1. Waiver of 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
ACTION
Ratified and approved the Voucher List dated 7/31/2020 and the Payroll
Register/Other EFT’s dated 7/22/2020, 7/23/2020 and 7/24/2020 which have a total
budgetary impact of $5,015,377.43.
10.3 This Item was Moved to Items Pulled From Consent.
10.4. Adoption of Ordinance Approving the Community Facilities District No. 2020-1
(McCall Mesa)
ACTION
Adopted Ordinance No. 2020-311, approving the Community Facilities District No.
2020-1 (McCall Mesa).
10.5. Adoption of Ordinance Approving Community Facilities District No. 2020-2 (Del
Oro)
ACTION
Adopted Ordinance No. 2020-312, approving the Community Facilities District No.
2020-2 (Del Oro).
10.6. Bond Reduction for Tract 37102. Skyview Development, by Ridgemore
Investment, LLC
9.1
Packet Pg. 8 Minutes Acceptance: Minutes of Aug 19, 2020 6:00 PM (APPROVAL OF MINUTES)
Menifee Mayor and City Council
Regular Meeting Minutes
Wednesday, August 19, 2020
Page 4 of 9
ACTION
1. Accepted public improvements consisting of road, drainage, sewer system and
water system improvements for Tract Map (TM) 37102, a 5.59 gross acres of land
subdivided into 21 residential lots located north of Ridgemoor Road and west of
Valley Boulevard; and
2. Approved the 90% Bond Reduction.
10.7. Bond Reduction for Audie Murphy Road South Improvements, Audie Murphy
Ranch Development by Sutter Mitland 01, LLC
ACTION
1. Accepted Audie Murphy Road - South (Phase 1) completed public improvements
consisting of road, drainage, sewer and water system improvements for Parcel
Map 32269, located along Newport Road and Audie Murphy Road; and
2. Approved the 90% Bond Reduction.
10.8. Bond Release for Backbone Improvements, Menifee Town Center, Stark Menifee
Land, LLC
ACTION
Approved the release of the 10% Security Bonds for Public Improvements associated
with Parcel Map 36299-1, a subdivision of 127 gross acres for 26 commercial and
residential parcels located south of Newport Road and along Town Center Drive.
10.9. Survey Monument Bond Release for Tract Map 30812, Boulder Estates by
Menifee-La Piedra Road 29, LLC
ACTION
Approved the release of the Subdivision Monument Bond for Tract 30812, an 18.64
gross acres of land subdivided into 69 residential lots located north of La Piedra Road
and east of Murrieta Road.
10.10. 2019/2020 CalRecycle Beverage Container Recycling Grant
ACTION
1. Accepted the Fiscal Year 2019/20 CalRecycle Beverage Container Recycling
City/County Program payment in the amount of $23,125 and authorize staff to
administer the program; and
2. Approved Resolution No. 20-950, authorizing an increase in revenue and
appropriation of expenditures in the amount of $23,125 to a project account as
assigned by the Finance Department; and
3. Authorized the City Manager, or his designee, to execute all necessary
documents to implement this project/program.
10.11. Fiscal Year 2020-2021 Capital Improvement Program Budget Increase
ACTION
Adopted Resolution No. 20-951, to appropriate $170,000 from Fund 320 Capital
Projects available fund balance as directed in the Fiscal Impact section of this staff
report.
9.1
Packet Pg. 9 Minutes Acceptance: Minutes of Aug 19, 2020 6:00 PM (APPROVAL OF MINUTES)
Menifee Mayor and City Council
Regular Meeting Minutes
Wednesday, August 19, 2020
Page 5 of 9
10.12 This Item was Moved to Items Pulled From Consent.
10.13. Park Shade Structures, CIP No. CS047
ACTION
Approved the purchase of the shade structures (CIP No. CS047) for the Audie Murphy
Sports Park, Spirit Park, Silver Star Park and Centennial Park in the amount of
$302,867.48.
10.14 This Item was Moved to Items Pulled From Consent.
10.15. Menifee Police Department Employment Agreement for Dave Brown
ACTION
1. Adopted the classification and salary schedule for the Limited-Duration Director of
Public Safety position in the police department; and
2. Authorized the City Manager to extend the employment agreement with David
Brown pursuant to Government Code Sections 7522.56 and 21224 to provide
specialized services to the Police Department for a limited duration until December
31, 2020.
10.16. Before-N-After Donation
ACTION
Adopted Resolution No. 20-952 amending the Fiscal Year 2020/21 operating budget
allocating $2,500 of donated funds.
ITEMS PULLED FROM CONSENT
10.3. Menifee CARES Act Funds
Mayor Zimmerman inquired about a clause in the agreement regarding City
Manager's authority to approve agreements over $200,000 on non COVID-19
related items. City Manager Armando Villa explained that it was originally written
into the resolution declaring a local emergency because at the time, it was
unknown if the City Council was going to continue meeting to approve contracts
for continued city services.
The City Council stated their concern regarding the approval clause in the City's
emergency Resolution No. 20-869 pertaining to the City Manager's approval
authority on non COVID-19 related items.
Mr. Villa and City Attorney Jeffrey Melching commented on the Council's
concerns.
The City Council requested that portion of the emergency Resolution No. 20-869
be removed.
ACTION
1. Accepted Coronavirus Aid, Relief, and Economic Security (CARES) Act Funds in
the amount of $1,198,820 awarded by the State of California to the City of Menifee
9.1
Packet Pg. 10 Minutes Acceptance: Minutes of Aug 19, 2020 6:00 PM (APPROVAL OF MINUTES)
Menifee Mayor and City Council
Regular Meeting Minutes
Wednesday, August 19, 2020
Page 6 of 9
to address public health and safety impacts of COVID-19; and
2. Adopted Resolution No. 20-953, authorizing an increase in revenue in the
amount of $1,198,820 to an account as assigned by the Finance Department; and
3. Authorized the City Manager to execute all necessary agreements, amendments
and related documents to receive the CARES Act funds awarded by the State of
California; and
4. Authorized the City Manager to replace recommended funding source (6/17/2020
Council Meeting) for the $100,000 related to the City of Menifee COVID-19 Small
Business Assistance Grant Program from CDBG-CV funds to CARES Act Funds;
and
5. Authorized the City Manager to allocate CARES Act funds to any item of
appropriation for COVID-19 eligible projects and activities and return to City
Council with summary report on recommended uses to ensure timely expenditure
of CARES Act Funds; and
6. Waived the City’s competitive processes for the procurement of computerized or
Information Technology (IT) Systems, Supplies, Construction Services and
Professional Services to allow for the expeditious use of the CARES Act Funds to
address the public safety impacts of COVID-19.
RESULT: Approved [Unanimous]
MOVER: Bill Zimmerman
SECONDER: Matt Liesemeyer
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
10.12. Sports Court Resurfacing, CIP No. CS042
Councilmember Sobek inquired about the timing, funding and hand sanitizing
stations for the improvements for the sports courts. Community Services Director
Jonathan Nicks provided an update. Councilmember Sobek stated her concerns
about having sanitizing stations at parks and asked if Community Services could
hold off on installing them in other parks until they see how it does in this park
first. Mr. Nicks agreed that would be a good idea.
ACTION
Approved the purchase and installation of sports court resurfacing (CIP No. CS042) at
Audie Murphy Ranch Sports Park and Spirit Park in the amount of $69,018.07.
RESULT: Adopted [Unanimous]
MOVER: Lesa Sobek
SECONDER: Dean Deines
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
10.14. Limited-Duration Criminal Investigator Agreement
City Manager Armando Villa introduced Menifee Police Captain Chris Karrer to
answer any questions by the City Council. Mr. Karrer introduced the item and
Homeland Security Special Agent David Prince and Assistant Special Agent in
Charge, Robert Goetsch.
Mr. Prince provided an update on the annuitant position requested.
The City Council asked questions regarding oversight of elder fraud, Officer
McShane's experience, collection of asset seizures, COVID-19 and other related
9.1
Packet Pg. 11 Minutes Acceptance: Minutes of Aug 19, 2020 6:00 PM (APPROVAL OF MINUTES)
Menifee Mayor and City Council
Regular Meeting Minutes
Wednesday, August 19, 2020
Page 7 of 9
fraud, the initiation of investigations, training for an ongoing relationship, and the
expected hours for the position.
Mr. Prince and Captain Karrer responded to the City Council's questions.
ACTION
1. Adopted the classification and salary schedule for the Limited-Duration Criminal
Investigator position in the police department; and
2. Authorize the City Manager to enter into employment agreements with qualified
candidates as needed.
RESULT: Adopted [Unanimous]
MOVER: Lesa Sobek
SECONDER: Matt Liesemeyer
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
11. PUBLIC HEARING ITEMS
11.1. Appeal No. PLN20-0159—Appeal of the Approval; And, Appeal PLN20-0169—
Appeal of the Approval; And, Appeal No. PLN 20-0199—Appeal of the Indemnity
Condition of Approval of “Haun and Holland Mixed Use Center” Tentative Parcel
Map No.37121 (Planning Application No. 2016-135)
ACTION
Continued Public Hearing to the September 2, 2020 City Council meeting.
RESULT: Approved [Unanimous]
MOVER: Dean Deines
SECONDER: Matt Liesemeyer
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
12. DISCUSSION ITEMS
12.1. Refinancing of the California Communities Transportation Revenue (Installment
Sale) Certificates of Participation, Series 2012A (TRIP – Total Road
Improvement Program)
Councilmember August left the dais at 7:20 P.M.
Armando Villa introduced the item and Deputy Finance Director Wendy Preece to
present the item.
Councilmember August returned the dais at 7:25 P.M.
Ms. Preece reported on the history of TRIP through current, interest rates,
estimated savings, finance committee recommendation, fiscal impact, and staff's
recommendation.
Mayor Zimmerman inquired about the fees to refinance. Ms. Preece stated they
were included in the agreement.
RECOMMENDED ACTION
Approved Resolution No. 20-954, approving the execution and delivery of California
9.1
Packet Pg. 12 Minutes Acceptance: Minutes of Aug 19, 2020 6:00 PM (APPROVAL OF MINUTES)
Menifee Mayor and City Council
Regular Meeting Minutes
Wednesday, August 19, 2020
Page 8 of 9
Statewide Communities Development Authority Transportation Revenue (Installment
Sale) Certificates of Participation, Series 2020 (T.R.I.P. – Total Road Improvement
Program) pursuant to a First Supplemental to Trust Agreement to prepay and refund
the City’s 2012 Installment Sale Agreement and related Certificates of Participation,
authorizing the execution and delivery of a First Supplemental to 2012 Installment
Sale Agreement, a First Supplemental to Trust Agreement, a Program Trust
Agreement, Certificate Purchase Agreement and an Escrow Agreement, authorizing
the distribution of an official statement in connection with the offering and sale of such
certificates, and authorizing other matters relating thereto.
RESULT: Adopted [Unanimous]
MOVER: Dean Deines
SECONDER: Lesa Sobek
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
12.2. Multi-Agency Memorandum of Understanding
City Manager Armando Villa introduced the item.
The City Council inquired about grants and programs available and provided
direction to staff to research transportation and safety programs and grant
opportunities with other cities and outside agencies.
Mr. Villa stated staff could look into transportation and safety programs to bring
back for the City Council's approval.
ACTION
1. Discussed the formation of a Memorandum of Understanding (MOU) with
neighboring agencies with regard to grants; and
2. Provided direction to staff regarding the MOU content.
13. CITY ATTORNEY REPORTS
City Attorney Jeffrey Melching provided clarification that the request during Item No. 10.3
to strike language from Resolution No. 20-869 would have to come back to the Council
for approval by way of a Resolution.
14. CITY MANAGER REPORTS
14.1 Introduction of Public Information Officer (PIO)
City Manager Armando Villa introduced the City's new Public Information Officer
(PIO), Dominique Samario. Ms. Samario introduced herself and provided a brief
work history.
The City Council welcomed Ms. Samario.
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
Councilmember August inquired about the increase on the Waste Management bill. City
Manager Armando Villa stated there should not have been an increase outside of the
routine Consumber Price Index (CPI) increase and staff would look into the situation and
9.1
Packet Pg. 13 Minutes Acceptance: Minutes of Aug 19, 2020 6:00 PM (APPROVAL OF MINUTES)
Menifee Mayor and City Council
Regular Meeting Minutes
Wednesday, August 19, 2020
Page 9 of 9
send the Council an email update.
Mayor Pro Tem Liesemeyer stated he would like have items regarding new
developments from the Menifee Police Department as a discussion item.
Councilmember Deines seconded.
The City Council thanked former City Engineer/Public Works Director Jonathan Smith for
his service.
16. ADJOURN
The City Council remembered Menifee resident Scott Tyrell who passed away recently
from COVID-19.
Councilmember Sobek adjourned the meeting in honor of Scott Tyrell at 7:44 P.M.
______________________
Sarah A. Manwaring, MMC
City Clerk
9.1
Packet Pg. 14 Minutes Acceptance: Minutes of Aug 19, 2020 6:00 PM (APPROVAL OF MINUTES)
CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Financial Services Manager
REVIEWED BY: Rochelle Clayton, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Ratify and approve the Voucher List dated 8/14/2020 and the Payroll Register/Other EFT’s
dated 8/03/2020, 8/06/2020, 8/07/2020 and 8/10/2020 which have a total budgetary impact of
$2,012,354.43.
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 List dated 8/14/2020 and the
Payroll Register/Other EFT’s dated 8/03/2020, 8/06/2020, 8/07/2020 and 8/10/2020 have a total
budgetary impact of $2,012,354.43.
FISCAL IMPACT
As indicated above, Voucher List dated 8/14/2020 and the Payroll Register/Other EFT’s dated
08/03/2020, 8/06/2020, 8/07/2020 and 8/10/2020 have a total budgetary impact of
$2,012,354.43, which is included in the 2019-2020 and 2020-2021 Budgets.
ATTACHMENTS
1. Voucher Listing 8-14-2020
2. Payroll Register 9-02-2020
10.2
Packet Pg. 15
08/12/2020
Voucher List
City of Menifee
1
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46185 8/14/2020 01868 ADORAMA INC 26483401 02458 MENIFEE PD BULLET CATCHER COLLECTION CHA 3,516.00
Total : 3,516.00
46186 8/14/2020 01276 ADVANTAGE 145435 02547 MEASURE DD INFORMATION POSTCARD 3,987.93
Total : 3,987.93
46187 8/14/2020 01252 AMAZON CAPITAL SERVICES, INC.11FC-D6TT-MLFL PD MATERIALS & SUPPLIES 109.62
17.48P/W ADMIN VEHICLE MAINTENANCE16GW-1MNW-GQLX
121.60PD MATERIALS & SUPPLIES19CR-C6X6-V433
760.16FACILITIES SMALL TOOLS & FIELD EQUIPMENT1FP6-HC6N-RCN6
20.51FLEET MATERIALS & SUPPLIES1GPK-JCV1-XGPC
293.63IT SUPPLIES1HLX-1NH4-PKWF
15.05COMM SVCS SUPPLIES1KLW-LH44-GXX7
65.10COVID-19 SUPPLIES1L3P-NYJC-HTD4
85.26COVID-19 SUPPLIES1LML-CQL6-Q4HW
185.73FLEET SMALL TOOLS & FIELD EQUIPMENT1N9Y-PJVW-MKF9
46.23IT SUPPLIES1NK6-46DR-7HXY
201.98FLEET SMALL TOOLS & FIELD EQUIPMENT1Q37-NF34-1T93
97.86FACILITIES SMALL TOOLS & FIELD EQUIPMENT1QWQ-CJ36-4XWR
Total : 2,020.21
46188 8/14/2020 00258 AMERICAN FORENSIC NURSES, INC 73547 JUN'20 PD BLOOD DRAWS 110.00
140.00JUN'20 PD BLOOD DRAWS73610
Total : 250.00
46189 8/14/2020 01762 ANSER ADVISORY, LLC 1174 02382 JUN'20 CIP 16-07 CITYWIDE TRAFFIC SIGNA 3,550.72
Total : 3,550.72
46190 8/14/2020 01841 AXON ENTERPRISE, INC SI-1650663 02576 MENIFEE PD BODY WORK CAMERAS AND TASERS 21,021.52
Total : 21,021.52
46191 8/14/2020 01293 AXXESS DOOR CORP 4005 AMR FACILITY MAINT 792.38
Total : 792.38
46192 8/14/2020 01849 BILLINGPARADISE 24X7, INC.GMS7920 JUN'20 CLOSED CAPTIONING SERVICE FOR MEE 1,397.50
Total : 1,397.50
1Page:
10.2.a
Packet Pg. 16 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
2
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46193 8/14/2020 00370 CHANDLER ASSET MANAGEMENT, INC 2007MENIFEE JUL'20 INVESTMENT MGMT FEE 375.87
Total : 375.87
46194 8/14/2020 01516 CN ENGINEERING, INC 01985-06 01985 JUN'20 LAND DEVELOPMENT RVW SVCS 1,215.00
Total : 1,215.00
46195 8/14/2020 00776 CORELOGIC SOLUTIONS, LLC 82030907 JUN'20 CORELOGIC LICENSING 355.00
Total : 355.00
46196 8/14/2020 00949 CR&R INCORPORATED 0002344 02147 JUN'20 STREET SWEEPING SERVICES 4,239.88
Total : 4,239.88
46197 8/14/2020 00881 D.R. BECHTER CONSULTING INC.14-002-314 02590 JUL'20 CONSTRUCTION & STORMWATER INSPECT 3,025.00
Total : 3,025.00
46198 8/14/2020 00453 DENNIS JANDA, INC.14150 01960 CONTROL FOR GOETZ RD ASPHALT OVERLAY 800.00
Total : 800.00
46199 8/14/2020 00765 FAMILY SERVICE ASSOC.06-2020-030 02461 COVID-19-SENIOR MEALS FOR JUNE 2020 10,650.00
Total : 10,650.00
46200 8/14/2020 01744 FEHR & PEERS 137786 02244 CITY OF MENIFEE VEHICLE MILES TRANSFER R 5,543.25
Total : 5,543.25
46201 8/14/2020 00723 GOVCONNECTION, INC.70194048 02567 NETMOTION (ANNUAL RENEWAL) 4,554.78
Total : 4,554.78
46202 8/14/2020 01291 HELIXSTORM 10381 02444 SQL SOFTWARE LICENSE 2,960.00
222.94AP MOUNTING RACKS10388
Total : 3,182.94
46203 8/14/2020 01626 HUMANITY, INC.INV00069570 ONLINE SCHEDULING PROGRAM 1,728.00
Total : 1,728.00
46204 8/14/2020 01200 INLAND ELECTRIC INC 5707 02638 CIP16-13 ELECTRICAL WORK FOR P/W MOC 2,043.25
Total : 2,043.25
46205 8/14/2020 01879 J. HIGGINS, LTD.169466 02477 MENIFEE PD HONOR GUARD UNIFORMS 4,791.82
2Page:
10.2.a
Packet Pg. 17 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
3
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 4,791.82 46205 8/14/2020 01879 01879 J. HIGGINS, LTD.
46206 8/14/2020 01431 JIMMY FU 399 PHOTOGRAPHY FOR CITY MARKETING 750.00
Total : 750.00
46207 8/14/2020 00745 K & A ENGINEERING, INC.16199 02190 JUN'20 PROFESSIONAL DESIGN SERVICES FOR 2,015.00
Total : 2,015.00
46208 8/14/2020 00840 KIMLEY-HORN AND ASSOCIATES, INC.16993715 02340 APR-JUN'20 PROF SVCS FOR CEQA REVIEW SV 1,490.00
Total : 1,490.00
46209 8/14/2020 01450 LOCAL GOVERNMENT COMMISSION 104582 01622 ATP PROJECT & GRANT MGMT SVCS 4,498.75
Total : 4,498.75
46210 8/14/2020 01567 LOZANO SMITH LLP 2113441 JUN'20 CITY LEGAL SVCS 1,298.00
Total : 1,298.00
46211 8/14/2020 01483 MELINDA MARIE TERRIAN CK REQ 7/22 COMM SVCS INSTRUCTOR PAYMENT 11.55
Total : 11.55
46212 8/14/2020 01031 MENIFEE VALLEY TAEKWONDO ACADE CK REQ 7/22 COMM SVCS INSTRUCTOR PAYMENT 86.00
296.80COMM SVCS INSTRUCTOR PAYMENTCK REQ 8/4
Total : 382.80
46213 8/14/2020 01761 P.L. PERRIN & ASSOCIATES 20-08 02270 PD POLYGRAPH SVCS 750.00
02270 1,500.00PD POLYGRAPH SVCS20-09
Total : 2,250.00
46214 8/14/2020 01467 PARRON-HALL CORPORATION 31951 02168 CIP 19-09 EOC RELOCATION 7,765.76
Total : 7,765.76
46215 8/14/2020 01160 PAYPRO ADMINISTRATORS PPC-141246 JUN'20 COBRA INSURANCE 60.00
Total : 60.00
46216 8/14/2020 01756 PUBLIC ADVERTISING AGENCY INC 15690 02263 PROF SVC AGT FOR MENIFEE MARKETING BOOK 8,312.50
Total : 8,312.50
46217 8/14/2020 00252 PURCHASE POWER 0528-2038 JUL'20 JUL'20 POSTAGE REFILL 3,300.00
3Page:
10.2.a
Packet Pg. 18 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
4
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 3,300.00 46217 8/14/2020 00252 00252 PURCHASE POWER
46218 8/14/2020 01622 RAQUEL CANO CK REQ 7/22 COMM SVCS INSTRUCTOR PAYMENT 60.00
Total : 60.00
46219 8/14/2020 00059 RIVERSIDE COUNTY, SHERIFF DEPT-EXTRA DUTYSH0000037722 EXTRA DUTY SVCS- INDEPENDENCE DAY 9,709.56
Total : 9,709.56
46220 8/14/2020 00242 RIVERSIDE COUNTY, TLMA ADMINISTRATION TL0000015264 02640 TRAFFIC SIGNAL INSPECTION SVCS 3,621.39
02640 2,773.56TRAFFIC SIGNAL INSPECTION SVCSTL0000015265
02639 2,656.73TRAFFIC SIGNAL INSPECTION SVCSTL0000015373
02639 2,002.04TRAFFIC SIGNAL INSPECTIONSTL0000015374
02639 3,402.87TRAFFIC SIGNAL INSPECTION SVCSTL0000015375
Total : 14,456.59
46221 8/14/2020 01860 ROSELAND PAINTING 1122 02509 PAINTING OF FIRE STATION 68 & 76 18,494.00
Total : 18,494.00
46222 8/14/2020 01869 RSM DESIGN 20618 02510 CITYWIDE SIGNAGE PROGRAM 6,000.00
Total : 6,000.00
46223 8/14/2020 00962 RUTAN & TUCKER, LLP 871663 APR-MAY'20 CITY LEGAL SVCS 4,099.00
920.00APR-MAY'20 CITY LEGAL SVCS871664
69.00MAY'20 CITY LEGAL SVCS871665
14,672.14FEB-MAY'20 CITY LEGAL SVCS871666
1,839.15FEB-APR'20 CITY LEGAL SVCS871667
10,327.00MAR-MAY'20 CITY LEGAL SVCS871669
10,179.00APR'20-MAY'20 CITY LEGAL SVCS871704
390.00MAY'20 CITY LEGAL SVCS871705
5,801.50APR-MAY'20 CITY LEGAL SVCS871708
553.50MAY'20 CITY LEGAL SVCS871709
2,230.00MAR-MAY'20 CITY LEGAL SVCS871710
414.00FEB-MAY'20 CITY LEGAL SVCS871711
3,173.50FEB-MAY'20 CITY LEGAL SVCS871712
Total : 54,667.79
46224 8/14/2020 01838 SAN DIEGO POLICE EQUIPMENT, COMPANY, INC643360 PD PROTECTIVE DEVICES & ACCESSORIES 1,566.52
02384 800.66MENIFEE PD BALLISTIC VESTS643456
4Page:
10.2.a
Packet Pg. 19 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
5
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 2,367.18 46224 8/14/2020 01838 01838 SAN DIEGO POLICE EQUIPMENT, COMPANY, INC
46225 8/14/2020 00596 SATCOM DIRECT COMMUNICATIONS 7391911 JUN'20 EMERGENCY SATELLITE PHONE SVC 54.25
54.25JUN'20 EMERGENCY SATELLITE PHONE SVC7391912
54.25JUN'20 EMERGENCY SATELLITE PHONE SVC7391913
Total : 162.75
46226 8/14/2020 00484 SELECT STAFFING 8405572482 TEMP EMP SVCS PE 5/31/20 4,383.44
5,218.99TEMP EMP SVCS PE 6/7/208405587392
6,288.48TEMP EMP SVCS PE 6/14/208405600176
6,076.85TEMP EMP SVCS PE 6/21/208405615255
3,235.59TEMP EMP SVCS PE 6/28/208405633310
6,950.17TEMP EMP SVCS PE 7/12/208405666748
Total : 32,153.52
46227 8/14/2020 01236 SPICER CONSULTING GROUP LLC 0635 02373 JUNE'20 SPECIAL DISTRICT ADMIN SVCS 7,970.28
01967 5,000.00JUN'20 ANNEXATION SVCS0636
Total : 12,970.28
46228 8/14/2020 01880 THE WEBSTAURANT STORE, INC 54458223 02539 MENIFEE PD EVIDENCE FREEZER 2,924.29
Total : 2,924.29
46229 8/14/2020 01401 VERIZON WIRELESS INV20137697 MAY'20 VEHICLE GPS SERVICE 866.45
Total : 866.45
46230 8/14/2020 00504 WALLACE & ASSOCIATES 20-03MENIFEE-20-02 02365 JUN'20 CIP 20-02 LABOR COMPLIANCE SERVIC 440.00
02308 1,370.00JUN'20 PMP 20-01 LABOR COMPLIANCE SERVIC20-04MENIFEE-20-01
02255 1,480.00JUN'20 CIP 20-03 LABOR COMPLIANCE20-04MENIFEE-20-03
02256 1,340.00JUN'20 CIP20-10 LABOR COMPLIANCE SVCS20-05MENIFEE-20-10
Total : 4,630.00
46231 8/14/2020 00555 ADAME LANDSCAPING, INC.83746 CSA 145 LANDSCAPE MAINTENANCE 1,204.55
367.00LLMD 89-1 ZONE 38 LANDSCAPE MAINTENANCE83999
350.00FIRESTATION #76 FACILITY MAINTENANCE84003
440.00FIRESTATION #76 FACILITY MAINTENANCE84064
524.00LLMD 89-1 ZONE 47 LANDSCAPE MAINTENANCE84098
353.50COMMERCE POINT LANDSCAPE MAINTENANCE84104
89.18CSA 145 LANDSCAPE MAINTENANCE84106
5Page:
10.2.a
Packet Pg. 20 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
6
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46231 8/14/2020 (Continued)00555 ADAME LANDSCAPING, INC.
371.00LLMD 89-1 ZONE 37 LANDSCAPE MAINTENANCE84350
Total : 3,699.23
46232 8/14/2020 01832 ADVANCED EXERCISE EQUIPMENT 37110 02375 MENIFEE PD EXERCISING EQUIPMENT 24,830.08
Total : 24,830.08
46233 8/14/2020 01914 ALCO TARGET COMPANY 69043 PD MATERIALS & SUPPLIES 481.80
Total : 481.80
46234 8/14/2020 01596 ALL STAR GLASS, INC.ITA084274 PD VEHICLE MAINTENANCE 99.00
Total : 99.00
46235 8/14/2020 01646 ARROYO BACKGROUND, INVESTIGATIONS 2336 02111 PRO SVC AGREEMENT FOR BACKGROUND INVESTI 1,000.00
Total : 1,000.00
46236 8/14/2020 01746 BAY AREA DRIVING SCHOOL, INC CK REQ 8/4 COMM SVCS INSTRUCTOR PAYMENT 33.56
Total : 33.56
46237 8/14/2020 00259 BIO-TOX LABORATORIES INC 39861 JUN'20 PD BLOOD ALCOHOL ANALYSIS 1,137.00
1,060.00JUN'20 PD BLOOD ALCOHOL ANALYSIS39862
Total : 2,197.00
46238 8/14/2020 00560 BUREAU VERITAS NORTH AMERICA 1449467 BUILDING & SAFETY PLAN REVIEW SERVICES 110.00
110.00BUILDING & SAFETY PLAN REVIEW SERVICES1469636
935.00BUILDING & SAFETY PLAN REVIEW SERVICES1487039
1,265.00BUILDING & SAFETY PLAN REVIEW SERVICES1487051
Total : 2,420.00
46239 8/14/2020 00686 CALTRANS SL201113 LLMD ZONE 114 AND CITY SIGNAL & LIGHT SV 3,630.97
Total : 3,630.97
46240 8/14/2020 01511 CANON FINANCIAL SERVICES, INC 21687958 02571 JUL'20 SCANNER LEASE SERVICES 354.78
02571 416.63JUL'20 PRINTER LEASE SERVICES21687960
02570 140.08JUL'20 COPIER LEASE SERVICES21687961
Total : 911.49
46241 8/14/2020 00376 CARLSON, CRAIG CK REG 7/29 PER DIEM FOR BUILDING OFFICIAL CLASS 608.00
6Page:
10.2.a
Packet Pg. 21 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
7
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 608.00 46241 8/14/2020 00376 00376 CARLSON, CRAIG
46242 8/14/2020 00104 CITY CLERKS ASSOC OF CALIF.6262 CCAC EDUCATION WEBINAR 35.00
Total : 35.00
46243 8/14/2020 00170 CIVIC PLUS 200605 CIVIC ENGAGE DATA MIGRATION ASSISTANCE 1,600.00
Total : 1,600.00
46244 8/14/2020 01910 DONNOE & ASSOCIATES, INC 8479 PRE-EMPLOYMENT HIRING EXAMS 495.00
Total : 495.00
46245 8/14/2020 00161 EASTERN MUNICIPAL WATER DIST.31637 02572 CIP 16-07 TRAFFIC SIGNAL COMMUNICATION E 2,000.00
Total : 2,000.00
46246 8/14/2020 00161 EASTERN MUNICIPAL WATER DIST.101923-02 7/23 CSA 145 WATER SVCS JUL'20 1,678.76
714.56CSA 145 ROW WATER SVCS JUN'20229625-03 7/7
560.94LLMD ZONE 3 WATER SVCS JUL'20231135-03 7/23
503.34LLMD ZONE 3 WATER SVCS JUL'20231149-03 7/23
354.86LLMD ZONE 3 WATER SVCS JUL'20231150-03 7/23
1,021.74HAUN RD WATER SVC JUL'20236550-01 7/23
201.04LA PIEDRA/SHERMAN IRRIGATION WATER SVC J237370-01 7/23
1,169.40AMR SPORTS PARK IRRIGATION SVCS JUL'20237538-02 7/23
197.98AMR ROW WATER SVCS JUL'20238346-02 7/23
750.94AMR ROW IRRIGATION SVCS JUL'20238455-02 7/23
452.70AMR ROW WATER SVCS JUL'20238834-02 7/23
389.98AMR ROW WATER SVCS JUL'20238835-02 7/23
579.42AMR ROW WATER SVCS JUL'20238836-02 7/23
1,349.42SPIRIT PARK WATER SVCS JUL'20239155-02 7/23
308.56TOWN CENTER ROW WATER SVCS JUL'20240236-02 7/23
128.08TOWN CENTER ROW WATER SVCS JUL'20240240-02 7/23
222.80TOWN CENTER ROW WATER SVCS JUL'20240243-02 7/23
271.44TOWN CENTER ROW WATER SVCS JUL'20240244-02 7/23
165.98AMR WATER SVCS JUL'20240844-03 7/23
809.82MAYFIELD PARK IRRIGATION SVCS JUL'20247265-02 7/23
567.90AMR CREEK VIEW IRRIGATION WATER SVC JUL'247266-02 7/23
905.82AMR SILVERSTAR IRRIGATION WATER SVCS JUL248650-02 7/23
124.24TOWN CENTER ROW WATER SVCS JUL'20249510-02 7/23
7Page:
10.2.a
Packet Pg. 22 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
8
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46246 8/14/2020 (Continued)00161 EASTERN MUNICIPAL WATER DIST.
211.28TOWN CENTER ROW WATER SVCS JUL'20249511-02 7/23
1,181.74CENTRAL PARK IRRIGATION SVCS JUL'20250347-02 7/23
843.10TOWN CENTER WATER SVC JUL'20250354-01 7/23
1,589.51CENTENNIAL PARK IRRIGATION WATER SVCS JU252060-02 7/24
1,750.62CENTENNIAL PARK IRRIGATION WATER SVCS JU252060-02 7/24
263.26CENTENNIAL PARK IRRIGATION WATER SVCS JU252061-02 7/23
Total : 19,269.23
46247 8/14/2020 01439 ENCODE PLUS LLC 1699 02598 FY 20/21 ANNUAL SOFTWARE LINCENCE 4,250.00
Total : 4,250.00
46248 8/14/2020 00024 FEDEX 6-976-80166 APR'20 EXPRESS DELIVERY SVCS 74.39
492.77MAY'20 EXPRESS DELIVERY SVCS7-012-28306
137.08MAY'20 EXPRESS DELIVERY SVCS7-024-88066
Total : 704.24
46249 8/14/2020 01042 FISHER WIRELESS SERVICES, INC 068069 JUL'20 CITY RADIO CHARGES 235.77
235.77AUG'20 CITY RADIO CHARGES068449
Total : 471.54
46250 8/14/2020 01142 FRONTIER CALIFORNIA INC.209-188-1265 7/24 CITY HALL FIOS & PHONE LINES AUG'20 1,901.03
422.76CITY HALL IP CIRCUIT (MAIN) JUL'20310-150-0013 7/6
306.84MENIFEE PD VOLUNTEER PHONE SVCS JUL'20951-679-7031 7/1
360.55CITY HALL ROLLOVER LINES SVC JUL'20951-679-8527 7/19
Total : 2,991.18
46251 8/14/2020 01322 GEOCON WEST INC 72006448 02265 CIP 20-03 MATERIALS TESTING 437.50
Total : 437.50
46252 8/14/2020 00139 GHA TECHNOLOGIES INC 101059569 CITY HALL PDU FOR SERVER CAGE 264.85
Total : 264.85
46253 8/14/2020 01310 GOLDSTAR ASPHALT PRODUCTS 15758 PD MATERIALS & SUPPLIES 387.38
Total : 387.38
46254 8/14/2020 00606 GRAINGER 9540876928 PD SMALL TOOLS & FIELD EQUIPMENT 1,263.64
165.89PD MATERIALS & SUPPLIES9555034389
8Page:
10.2.a
Packet Pg. 23 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
9
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 1,429.53 46254 8/14/2020 00606 00606 GRAINGER
46255 8/14/2020 00921 HD SUPPLY CONSTRUCTION SUPPLY 50013255534 COMM SVCS FACILITIES MAINT 156.60
Total : 156.60
46256 8/14/2020 00650 HDL SOFTWARE, LLC SIN002381 JUN'20 HDL ONLINE CC PROCESSING SVCS 117.96
Total : 117.96
46257 8/14/2020 01162 HOTSY OF SOUTHERN CALIFORNIA 10010032 P/W EQUIPMENT MAINT 385.87
Total : 385.87
46258 8/14/2020 01369 HOWELL, BRYCE CK REQ 7/16 REFUND FOR CANCELLED ACTIVITY 55.00
Total : 55.00
46259 8/14/2020 01471 INFRASTRUCTURE ENGINEERING, CORPORATION12751 02098 JUN'20 CIP19-04 & 19-05 LABOR COMPLIANCE 190.00
02267 760.00JUN'20 PMP 20-02 LABOR COMPLIANCE SERVIC12752
02440 190.00CIP 19-06 SCOTT/ MURRIETA RD TRAFFIC SIG12753
02469 332.50JUN'20 CIP 20-06 & 20-07 LABOR COMPLIANC12754
Total : 1,472.50
46260 8/14/2020 01063 INLAND BOBCAT, INC P62388 P/W EQUIPMENT MAINTENANCE 832.62
Total : 832.62
46261 8/14/2020 01090 INTELESYONE 96120 DESK PHONE WALL MOUNTS 169.69
Total : 169.69
46262 8/14/2020 01847 JORGENSON INDUSTRIAL COMPANIES JI17402 02394 MENIFEE PD METAL LOCKERS 20,012.38
Total : 20,012.38
46263 8/14/2020 01331 KOA CORPORATION JB91167-10 01942 FY 19/20 GRANT MGMT SVCS 1,162.50
Total : 1,162.50
46264 8/14/2020 00501 KOSMONT COMPANIES 2001.7-005 02242 JUN'20 PROF SVCS FOR HOTEL MARKET & SITE 555.10
Total : 555.10
46265 8/14/2020 01743 L.N. CURTIS & SONS INV402541 PATCHES FOR PD UNIFORM 35.00
Total : 35.00
9Page:
10.2.a
Packet Pg. 24 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
10
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46266 8/14/2020 00872 MENIFEE CAR WASH MENIFEE-6/2020 JUN'20 CITY VEHICLE MAINT 85.92
Total : 85.92
46267 8/14/2020 00474 MODERN TACTICAL SERVICES 081020-M MENIFEE PD TRAINING 1,550.00
Total : 1,550.00
46268 8/14/2020 00474 BRIGHT PLANET SOLAR CK REQ 7/20 REFUND BLDG PERMIT PMT20-02367 450.80
Total : 450.80
46269 8/14/2020 00474 ANNIKA MCCOY CK REQ 7/13 DEPOSIT REFUND KC SNR CNT 400.00
Total : 400.00
46270 8/14/2020 00474 TAMMY VAVKEN-HYLTON CK REQ 7/13 DEPOSIT REFUND KC SNR CTR 360.00
Total : 360.00
46271 8/14/2020 00474 FIRE SPRINKLER SYSTEMS, INC CK REQ 7/21 REFUND FOR DUPLICATE INVOICE FIRE20-0558 335.20
Total : 335.20
46272 8/14/2020 00474 MELISSA VAN WERT CK REQ 8/3 REFUND FOR CANCELLED ACTIVITY 281.00
Total : 281.00
46273 8/14/2020 00474 JAMEE SAAIDIA CK REQ 7/20 REFUND FOR CANCELLED ACTIVITY 240.00
Total : 240.00
46274 8/14/2020 00474 DIVINE KOKLICH CK REQ 7/14 DEPOSIT REFUND KC SNR CTR 237.50
Total : 237.50
46275 8/14/2020 00474 KARINA OGO CK REQ 7/17 REFUND FOR CANCELLED ACTIVITY 120.00
Total : 120.00
46276 8/14/2020 00474 VALERIE BROWER CK REQ 7/29 REFUND FOR CANCELLED ACTIVITY 108.00
Total : 108.00
46277 8/14/2020 00474 TIFFANNY MCCLOUD CK REQ 7/23 REFUND FOR CANCELLED ACTIVITY 88.00
Total : 88.00
46278 8/14/2020 00474 STEPHANIE SERRANO CK REQ 7/16 REFUND FOR CANCELLED ACTIVITY 66.00
Total : 66.00
10Page:
10.2.a
Packet Pg. 25 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
11
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46279 8/14/2020 00474 MELISSA BONNEY CK REQ 7/22 REFUND FOR CANCELLED ACTIVITY 65.00
Total : 65.00
46280 8/14/2020 00474 SARA HANSEN CK REQ 7/16 REFUND FOR CANCELLED ACTIVITY 55.00
Total : 55.00
46281 8/14/2020 00474 STEPHANIE CULLINS CK REQ 7/16 REFUND FOR CANCELLED ACTIVITY 55.00
Total : 55.00
46282 8/14/2020 00474 MISTY KENDRICK CK REQ 7/16 REFUND FOR CANCELLED ACTIVITY 55.00
Total : 55.00
46283 8/14/2020 00474 NMA EGHRERINIOVO CK REQ 7/23 REFUND FOR CANCELLED ACTIVITY 44.50
Total : 44.50
46284 8/14/2020 00474 DEANNA MANNING CK REQ 7/22 REFUND FOR CANCELLED ACTIVITY 44.50
Total : 44.50
46285 8/14/2020 00474 SUZY HERNANDEZ CK REQ 7/16 REFUND FOR CANCELLED ACTIVITY 40.00
Total : 40.00
46286 8/14/2020 00474 MELINDA SWEET-PUENTES CK REQ 7/23 REFUND FOR CANCELLED ACTIVITY 32.50
Total : 32.50
46287 8/14/2020 00474 KRISTIE JACOBO CK REQ 7/23 REFUND FOR CANCELLED ACTIVITY 32.50
Total : 32.50
46288 8/14/2020 00474 OWEN GORHAM CK REQ 7/22 REFUND FOR CANCELLED ACTIVITY 32.50
Total : 32.50
46289 8/14/2020 00474 MADISYN STRIK CK REQ 7/23 REFUND FOR CANCELLED ACTIVITY 24.00
Total : 24.00
46290 8/14/2020 00474 VERENISI JACKSON CK REQ 7/2 REFUND FOR CANCELLED ACTIVITY 21.95
Total : 21.95
46291 8/14/2020 00474 LINDSAY GOMEZ CK REQ 7/23 REFUND FOR CANCELLED ACTIVITY 20.00
Total : 20.00
11Page:
10.2.a
Packet Pg. 26 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
12
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46292 8/14/2020 00474 BRIANNA HERNANDEZ CK REQ 7/23 REFUND FOR CANCELLED ACTIVITY 20.00
Total : 20.00
46293 8/14/2020 00474 MANDY DUMPROFF CK REQ 7/20 REFUND FOR CANCELLED ACTIVITY 20.00
Total : 20.00
46294 8/14/2020 00474 ALEXSIS EBERHART CK REQ 7/23 REFUND FOR CANCELLED ACTIVITY 17.50
Total : 17.50
46295 8/14/2020 00474 PORTER JONES CK REQ 7/23 REFUND FOR CANCELLED ACTIVITY 17.50
Total : 17.50
46296 8/14/2020 01473 MISS APRIL'S DANCE CK REQ 7/22 COMM SVCS INSTRUCTOR PAYMENT 105.60
Total : 105.60
46297 8/14/2020 00857 MOTOPORT USA 148773 02406 MENIFEE PD UNIFORMS 2,058.93
Total : 2,058.93
46298 8/14/2020 01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA68387470 PRE-EMPLOYMENT TESTING SVCS 1,671.00
1,493.00PRE-EMPLOYMENT TESTING SVCS68388614
1,498.50PRE-EMPLOYMENT TESTING SVCS68450821
Total : 4,662.50
46299 8/14/2020 01130 O'REILLY AUTO PARTS 4746-116975 P/W VEHICLE MAINTENANCE (VEH#224) 113.06
Total : 113.06
46300 8/14/2020 01674 PACIFIC ALARM SERVICE R 152656 JAN'20 PD HQ FIRE & BURGLAR ALARM SVCS 412.23
412.23FEB'20 PD HQ FIRE & BURGLAR ALARM SVCSR 153516
412.23MAR'20 PD HQ FIRE & BURGLAR ALARM SVCSR 154471
412.23APR'20 PD HQ FIRE & BURGLAR ALARM SVCSR 155228
412.23MAY'20 PD HQ FIRE & BURGLAR ALARM SVCSR 155744
412.23JUN'20 PD HQ FIRE & BURGLAR ALARM SVCSR-00185392-3
Total : 2,473.38
46301 8/14/2020 01096 PAPER RECYCLING & SHREDDING, SPECIALISTS INC.462381 CITY HALL DOC SHREDDING SVCS 95.00
63.00COMM SVCS DOC SHREDDING SVCS464048
55.00POLICE SUBSTATION DOC SHREDDING SVCS464050
12Page:
10.2.a
Packet Pg. 27 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
13
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 213.00 46301 8/14/2020 01096 01096 PAPER RECYCLING & SHREDDING, SPECIALISTS INC.
46302 8/14/2020 01843 PARKHOUSE TIRE, INC 2010688719 PD VEHICLE TIRE MAINTENANCE 521.08
Total : 521.08
46303 8/14/2020 00038 PARSAC 21-12 20/21 WORKERS COMP INSURANCE RENEWAL 482,807.00
79,824.00FY 20/21 ANNUAL PROPERTY INSURANCE21-174
391.40APR-JUNE CITY'S SIR FOR WORKERS COMP21-211
Total : 563,022.40
46304 8/14/2020 01739 PROFORCE LAW ENFORCEMENT 415465 02464 MENIFEE PD WEAPONS PURCHASE 801.67
Total : 801.67
46305 8/14/2020 01065 PRUDENTIAL OVERALL SUPPLY 23016448 P/W UNIFORM LAUNDRY SVCS 95.67
40.47P/W LAUNDRY SVCS23016450
95.67P/W UNIFORM LAUNDRY SVCS23020100
40.47P/W LAUNDRY SVCS23020102
95.67P/W UNIFORM LAUNDRY SVCS23023552
40.47P/W LAUNDRY SVCS23023553
Total : 408.42
46306 8/14/2020 00006 R&R BUSINESS SOLUTIONS 8469 PRINTING SVCS 33.15
89.37PRINTING SVCS8470
Total : 122.52
46307 8/14/2020 00013 READYREFRESH 10G0036688976 CITY HALL BOTTLE WATER SUPPLY 350.30
Total : 350.30
46308 8/14/2020 00530 RIVERSIDE COUNTY CLERK CK REQ 7/23 NOE FILING FEE 50.00
Total : 50.00
46309 8/14/2020 00082 RIVERSIDE COUNTY, REGISTRAR OF VOTERS 2944 PETITION SIGNATURE VERIFICATION 1,566.00
Total : 1,566.00
46310 8/14/2020 01816 SAFEANDVAULTSTORE.COM LLC C07145 02421 MENIFEE PD GUN LOCKERS 2,390.33
Total : 2,390.33
46311 8/14/2020 00046 SOUTHERN CALIFORNIA EDISON 2-31-716-9357 7/25 CSA 145 IRRIGATION SVCS JUL'20 1,595.66
13Page:
10.2.a
Packet Pg. 28 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
14
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
46311 8/14/2020 (Continued)00046 SOUTHERN CALIFORNIA EDISON
18.40CSA TLMA STREET LIGHT SVCS JUL'202-31-829-0749 8/4
85.09DERBY HILL TC-1 SIGNAL SVCS JUL'202-35-338-9109 7/23
38.57DERBY HILL TC-1 SIGNAL SVC JUL'202-35-338-9240 7/23
249.13CITY SIGNAL SVC MAY'202-36-738-8345 6/10
62.72AMR STREET LIGHT SVC JUL'202-41-025-9733 7/23
21.89AMR STREET LIGHT SVC JUL'202-41-025-9790 7/23
69.37AMR STREET LIGHT SVCS JUL'202-41-130-6095 8/4
114.50CFD 2012-1 AMR STREETLIGHT SVCS JUL'202-41-777-6713 8/4
21.49AMR SPORTS PARK ELECTRIC SVCS JUN'202-42-069-6999 7/15
554.07CENTRAL PARK ELECTRIC SVCS JUL'202-42-593-7505 7/25
Total : 2,830.89
46312 8/14/2020 00046 SOUTHERN CALIFORNIA EDISON 397656 CIP 13-03 HOLLAND ROAD / I-215 OVERPASS 1,153.89
Total : 1,153.89
46313 8/14/2020 00861 STAPLES CONTRACT & COMMERICAL 8058922205 JUN'20 OFFICE SUPPLIES 9,866.44
4,678.48JUL'20 OFFICE SUPPLIES8059218192
Total : 14,544.92
46314 8/14/2020 01053 SUN CITY HARDWARE 62726777 6/30 COMM SVCS & P/W SUPPLIES 763.09
Total : 763.09
46315 8/14/2020 01802 SYMBOLARTS,LLC 0355114-IN PD MATERIALS & SUPPLIES 1,643.94
217.50PD MATERIALS & SUPPLIES0355121-IN
Total : 1,861.44
46316 8/14/2020 01846 SYSCO RIVERSIDE, INC 220762733 SUPPLIES FOR COVID-19 1,477.77
1,043.21SUPPLIES FOR COVID-19220790987
Total : 2,520.98
46317 8/14/2020 00098 THE GAS COMPANY 008 125 8251 8 7/23 CSA 145 GAS SVCS JUL'20 11.35
15.78WEST ANNEX/SENIOR CTR GAS SVCS JUL'20064 825 8334 8 7/23
25.98NORTH ANNEX GAS SVCS JUL'20069 025 8387 7/23
23.72PW YARD GAS SERVICES JUL'20071 023 9513 9 7/22
82.67FIRE STATION #76 GAS SVCS JUL'20114 347 5472 4 7/31
58.86POLICE DEPARTMENT GAS SVCS JUL'20186 436 1021 7 7/23
14Page:
10.2.a
Packet Pg. 29 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
08/12/2020
Voucher List
City of Menifee
15
4:46:20PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 218.36 46317 8/14/2020 00098 00098 THE GAS COMPANY
46318 8/14/2020 00854 THE LLOYD PEST CONTROL CO, INC 7095324 MAY'20 P/W PEST CONTROL SVCS 70.00
Total : 70.00
46319 8/14/2020 00189 VERIZON WIRELESS 9859302810 JUL'20 PD MOBILE CHARGES 4,718.76
Total : 4,718.76
46320 8/14/2020 00976 VIRTUAL PROJECT MANAGER LLC 12-2371 VIRTUAL PROJECT MANAGER 500.00
Total : 500.00
46321 8/14/2020 01887 VISCID DESIGN CO.2495 MAGNETS FOR MENIFEE PD 452.55
Total : 452.55
46322 8/14/2020 01902 VMI INC 302151 02540 AV UPGRADES 10,808.57
Total : 10,808.57
46323 8/14/2020 00787 WAGEWORKS, INC.INV2199566 JUN'20 FSA MONTHLY PREMIUM 547.00
Total : 547.00
46324 8/14/2020 00228 WASTE MANAGEMENT CORPORATE SER 0001380-4793-1 SMALL TOOLS & FIELD EQUIP FOR EOC 1,975.72
Total : 1,975.72
46325 8/14/2020 00270 WEST COAST LIGHTS & SIRENS INC 20266 02422 PD CHEVY COLORADO INSTALLATION SERVICES 22,047.25
Total : 22,047.25
46326 8/14/2020 01715 WESTERN A/V 14183 02420 CHAMBERS AUDIO VISUAL UPDATES 5,021.09
02150 1,440.00PRO SVC AGREEMENT FOR AUDIO VISUAL SYSTE14209
Total : 6,461.09
Bank total : 1,025,093.19 142 Vouchers for bank code :uboc
1,025,093.19Total vouchers :Vouchers in this report 142
15Page:
10.2.a
Packet Pg. 30 Attachment: Voucher Listing 8-14-2020 [Revision 1] (2641 : Warrant Register)
Date Paid by:Payee Description Amount
8/7/2020 ACH City Payroll Payroll Period 7/18/2020 - 7/31/2020 610,848.35
8/7/2020 ACH ICMA Payroll Period 7/18/2020 - 7/31/2020 27,390.76
TOTAL PAYROLL:638,239.11$
Date Paid by:Payee Description Amount
8/3/2020 ACH PayPros Credit Card Processing Fees 11,682.83
8/6/2020 ACH CALPERS - Retirement Payroll Period 6/20/2020 - 7/03/2020 76,361.60
8/6/2020 ACH CALPERS - Retirement Payroll Period 6/20/2020 - 7/03/2020 51,343.84
8/10/2020 ACH PERS Medical Aug-20 209,633.86
TOTAL OTHER EFT'S:349,022.13$
TOTAL PAYMENTS:987,261.24$
Payroll Register, Taxes and Other EFT's/Wires
City of Menifee
September 2, 2020
10.2.b
Packet Pg. 31 Attachment: Payroll Register 9-02-2020 (2641 : Warrant Register)
CITY OF MENIFEE
SUBJECT: Treasurer's Report, July 2020
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Wendy Preece, Deputy Finance Director
REVIEWED BY: Rochelle Clayton, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Approve the Treasurer’s Report for July 2020.
DISCUSSION
Attached is the Treasurer’s report for Cash and Investments for the month of July 2020.
FISCAL IMPACT
None.
ATTACHMENTS
1. July 2020 Treasurer's Report
10.3
Packet Pg. 32
10.3.a
Packet Pg. 33 Attachment: July 2020 Treasurer's Report (2628 : Treasurer's Report, July 2020)
CITY OF MENIFEE
SUBJECT: Amendment to Contracting Authority and Permit Expiration
Deadlines During Local Emergency
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Jeffrey Melching, City Attorney
REVIEWED BY: Jeff Wyman, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Adopt a Resolution amending (1) resolution proclaiming a local emergency to revise the scope
of contracting authority, and (2) amending resolution allowing for extensions of entitlement
expiration deadlines.
DISCUSSION
Through the attached Resolution, City staff seeks modifications to two items of authority
previously provided to City staff in connection with the COVID-19 emergency. First, pursuant to
City Council direction on August 19, 2020, the attached resolution modifies the City Manager’s
contracting authority with regard to non-COVID items. This authority has never been used by
the City Manager, and was originally provided on the assumption that City Council meetings
would occur only once per month during the emergency. Since the authority is not necessary
because the City Council meeting schedule has remained regular, and further since the
authority has never been used by the City Manager, the City Council directed that it be
removed. The attached Resolution accomplishes that change.
Second, the City Council previously authorized the extension of the expiration dates for building
and planning permits that would otherwise have expired during the period of local emergency.
The extension was originally provided until the date when the local emergency is over, with an
option for the City Manager to extend project expirations for up to an additional sixty (60) if
deemed appropriate. The attached Resolution would simplify this process for planning permits,
and provide a one year extension to all planning permits that were valid and not yet expired as
of the onset of the local emergency. The existing authorization regarding building permits would
remain unchanged.
DISCUSSION
Contracting Authority
10.4
Packet Pg. 34
City of Menifee Staff Report
Amendments for Local Emergency
September 2, 2020
Page 2 of 4
While in session on March 18, 2020, the City Council was asked by the Director of Emergency
Services of the City to proclaim that a local emergency exists. In response, the City Council
adopted a resolution proclaiming the existence and threatened existence of a local emergency
(“Emergency Resolution”) and providing a series of specific authorizations to help the City
staff navigate the emergency with minimal disruption to City services.
Among the authorizations provided in the Emergency Resolution was the following:
Contracting Authority: The Director, in his capacity as City Manager,
shall have authority to approve, as necessary to address the COVID-19
emergency, all contracts up to $100,000 without prior City Council
authorization. For contracts up to $200,000, as necessary to address the
COVID-19 emergency, the Director will provide 24 hours prior notice of
his intent to enter into such contract; if no member of the City Council
requests City Council consideration of the contract within the 24 hour
period, the Director (in his capacity as City Manager) shall have the
authority to enter into the contract on the City’s behalf. In addition, in
order to keep the City’s contracting procedures functioning
efficiently while reducing the City Council’s meeting frequency, the
Director will provide 24 hours prior notice of his intent to enter into
any contract below $200,000 that does not relate to the COVID-19
emergency; if no member of the City Council requests City Council
consideration of the contract within the 24 hour period, the Director
(in his capacity as City Manager) shall have the authority to enter
into the contract on the City’s behalf. All contracts may be routed and
signed via secure electronic signature technology(ies) to the full extent
otherwise allowable by law. The City Council understands,
acknowledges, and intends, that this is a delegation of authority for
emergency purposes” (emphasis added); and
The authorization highlighted in bold and italics in the prior paragraph (the “Non-COVID
Contracting Authority”) was provided to the City Manager to allow the City to continue its
normal operations, even if City Council meetings were reduced to one time per month or less.
That assumption (regarding meeting frequency) proved wrong; the City Council has been able
to maintain its normal meeting schedule. Moreover, the City Manager has not at any time
exercised the Non-COVID Contracting Authority, and there is no foreseeable need to do so.
Therefore, at its meeting on August 19, 2020, the City Council expressed its desire to see the
Non-COVID Contracting Authority deleted from the Emergency Resolution. Section 1 of the
attached Resolution implements that direction.
Permit Expirations
In a separate resolution adopted on May 20, 2020 (“Permitting Resolution”), the City Council
provide for an extension of building and planning permit expiration deadlines, to provide relief
for projects that are negatively impacted by the COVID-19 emergency. The originally proposed
and adopted approach was to extend the expiration date for all building and planning permits
10.4
Packet Pg. 35
City of Menifee Staff Report
Amendments for Local Emergency
September 2, 2020
Page 3 of 4
that would otherwise expire during the period of the local emergency. The extension would
remain in place until the emergency is over, and the City Manager was granted discretion to
further extend the permit expirations for up to an additional sixty (60) days. The implementing
language from the Permitting Resolution is as follows:
For the remainder of the duration of the proclaimed local emergency, and
subject to further extension of up to sixty (60) days at the discretion of the
City Council or City Manager, any time period for action on a building
permit or planning application that was approved by the City prior to, but
had not expired as of, March 18, 2020, shall be tolled until the expiration
of the local emergency. This tolling period shall not apply to any order to
abate a public nuisance or dangerous building or any permit related to
work to abate nuisance or dangerous conditions. The City Manager, as
Emergency Services Director, is hereby authorized to issue such further
orders and regulations as are necessary and appropriate for processing
planning applications during the period of the local emergency.
As the COVID-19 pandemic has continued, staff has recognized that a simpler and more certain
process for planning permits would be of value to developers, project applicants, and the City.
To that end, staff proposes that the City Council amend the extension authorization for planning
permits, while leaving in place the extension authorization for building permits, as follows:
For the remainder of the duration of the proclaimed local emergency, and
subject to further extension of up to sixty (60) days at the discretion of the
City Council or City Manager, any time period for action on a building
permit or planning application that was approved by the City prior to, but
had not expired as of, March 18, 2020, shall be tolled until the expiration
of the local emergency. Further, for the remainder of the duration of the
proclaimed local emergency any time period for action on a planning
application that was approved by the City prior to, but had not expired as
of, March 18, 2020, shall be tolled for a period of one year, starting on
March 18, 2020. These tolling periods shall not apply to any order to
abate a public nuisance or dangerous building or any permit related to
work to abate nuisance or dangerous conditions; further, these tolling
periods shall run concurrent with, not consecutive to, any other extension
(provided under State law or otherwise) granted from and after March 18,
2020.. The City Manager, as Emergency Services Director, is hereby
authorized to issue such further orders and regulations as are necessary
and appropriate for processing planning applications during the period of
the local emergency.
The change to the permit expiration deadlines is implemented in Section 2 of the attached
Resolution.
FISCAL IMPACT
There is no fiscal impact to these actions.
10.4
Packet Pg. 36
City of Menifee Staff Report
Amendments for Local Emergency
September 2, 2020
Page 4 of 4
ATTACHMENTS
1. Resolution Amending Emergency Contracting Authority
10.4
Packet Pg. 37
1
RESOLUTION NO. 20-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING ITS RESOLUTION PROCLAIMING EXISTENCE AND THREATENED
EXISTENCE OF A LOCAL EMERGENCY TO REVISE SCOPE OF CONTRACTING
AUTHORITY AND FURTHER AMENDING ITS RESOLUTION GRANTING PERMIT
EXTENSIONS DURING THE PERIOD OF THE LOCAL EMERGENCY
WHEREAS, Chapter 1.10 of the City of Menifee’s (the City) Municipal Code empowers the City
Council to proclaim the existence or threatened existence of disaster or of extreme peril to the safety of
persons and property within this city caused by such conditions as an epidemic; and
WHEREAS, pursuant to Menifee Municipal Code Section 1.10.050(A)(1), while in session on
March 18, 2020, the City Council was asked by the Director of Emergency Services of the City to proclaim
that a local emergency exists; and
WHEREAS, on March 18, 2020, the City Council adopted a resolution proclaiming the existence
and threatened existence of a local emergency (Emergency Resolution), and providing a series of
specific authorizations in connection therewith; and
WHEREAS, among the authorizations provided in the Emergency Resolution was the following:
“Contracting Authority: The Director, in his capacity as City Manager, shall have authority to approve,
as necessary to address the COVID-19 emergency, all contracts up to $100,000 without prior City Council
authorization. For contracts up to $200,000, as necessary to address the COVID-19 emergency, the
Director will provide 24 hours prior notice of his intent to enter into such contract; if no member of the City
Council requests City Council consideration of the contract within the 24 hour period, the Director (in his
capacity as City Manager) shall have the authority to enter into the contract on the City’s behalf. In
addition, in order to keep the City’s contracting procedures functioning efficiently while reducing
the City Council’s meeting frequency, the Director will provide 24 hours prior notice of his intent
to enter into any contract below $200,000 that does not relate to the COVID-19 emergency; if no
member of the City Council requests City Council consideration of the contract within the 24 hour
period, the Director (in his capacity as City Manager) shall have the authority to enter into the
contract on the City’s behalf. All contracts may be routed and signed via secure electronic signature
technology(ies) to the full extent otherwise allowable by law. The City Council understands,
acknowledges, and intends, that this is a delegation of authority for emergency purposes” (emphasis
added); and
WHEREAS, the authorization highlighted in bold and italics in the prior paragraph (the “Non-
COVID Contracting Authority”) was provided to the City Manager to allow the City to continue its normal
operations, even if City Council meetings were reduced to one time per month or less, but in fact the City
Council has been able to maintain its normal meeting schedule; and
WHEREAS, the City Manager has not at any time exercised the Non-COVID Contracting
Authority, and there is no foreseeable need to do so; and
WHEREAS, at its meeting on May 20, 2020, the City Council adopted a resolution (Permitting
Resolution), which among other things granted an extension of permit expiration deadlines in certain
circumstances, as follows:
10.4.a
Packet Pg. 38 Attachment: Resolution Amending Emergency Contracting Authority (2654 : Amendments for Local Emergency)
Amending Contracting Authority and Permit Deadlines During Local Emergency
2
For the remainder of the duration of the proclaimed local emergency, and subject
to further extension of up to sixty (60) days at the discretion of the City Council or
City Manager, any time period for action on a building permit or planning
application that was approved by the City prior to, but had not expired as of, March
18, 2020, shall be tolled until the expiration of the local emergency. This tolling
period shall not apply to any order to abate a public nuisance or dangerous building
or any permit related to work to abate nuisance or dangerous conditions. The City
Manager, as Emergency Services Director, is hereby authorized to issue such
further orders and regulations as are necessary and appropriate for processing
planning applications during the period of the local emergency; and
WHEREAS, As the COVID-19 pandemic has continued, it has become apparent that a simpler
and more certain process for planning applications – providing a blanket one year tolling to permit
expiration deadlines for permits that would otherwise have expired after March 18, 2020 -- would be of
value to developers, project applicants, and the City.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of
Menifee, California as follows:
Section 1. The Non-COVID Contracting Authority provided in the Emergency Resolution is hereby
rescinded, and Section 2(vi) of Resolution 20-869 is revised to read as follows:
Contracting Authority: The Director, in his capacity as City Manager, shall
have authority to approve, as necessary to address the COVID-19 emergency,
all contracts up to $100,000 without prior City Council authorization. For
contracts up to $200,000, as necessary to address the COVID-19 emergency,
the Director will provide 24 hours prior notice of his intent to enter into such
contract; if no member of the City Council requests City Council consideration
of the contract within the 24 hour period, the Director (in his capacity as City
Manager) shall have the authority to enter into the contract on the City’s behalf.
In addition, in order to keep the City’s contracting procedures functioning
efficiently while reducing the City Council’s meeting frequency, the Director will
provide 24 hours prior notice of his intent to enter into any contract below
$200,000 that does not relate to the COVID-19 emergency; if no member of
the City Council requests City Council consideration of the contract within the
24 hour period, the Director (in his capacity as City Manager) shall have the
authority to enter into the contract on the City’s behalf. All contracts may be
routed and signed via secure electronic signature technology(ies) to the full
extent otherwise allowable by law. The City Council understands,
acknowledges, and intends, that this is a delegation of authority for emergency
purposes.
Section 2. Section 3 of the Permitting Resolution is hereby amended and superseded in full to read as
follows:
For the remainder of the duration of the proclaimed local emergency, and subject
to further extension of up to sixty (60) days at the discretion of the City Council or
City Manager, any time period for action on a building permit or planning
application that was approved by the City prior to, but had not expired as of, March
18, 2020, shall be tolled until the expiration of the local emergency. Further, for
the remainder of the duration of the proclaimed local emergency any time period
10.4.a
Packet Pg. 39 Attachment: Resolution Amending Emergency Contracting Authority (2654 : Amendments for Local Emergency)
Amending Contracting Authority and Permit Deadlines During Local Emergency
3
for action on a planning application that was approved by the City prior to, but had
not expired as of, March 18, 2020, shall be tolled for a period of one year, starting
on March 18, 2020. These tolling periods shall not apply to any order to abate a
public nuisance or dangerous building or any permit related to work to abate
nuisance or dangerous conditions; further, these tolling periods shall run
concurrent with, not consecutive to, any other extension (provided under State law
or otherwise) granted from and after March 18, 2020. The City Manager, as
Emergency Services Director, is hereby authorized to issue such further orders
and regulations as are necessary and appropriate for processing planning
applications during the period of the local emergency.
Section 3. Except as expressly modified herein, the Emergency Resolution and the Permitting
Resolution shall remain in full force and effect.
Section 4. This Resolution shall take effect immediately and widespread publicity and notices shall
be given said Declaration through the most feasible and adequate means of disseminating such notices
throughout the City; and
PASSED, APPROVED AND ADOPTED this 2nd day of September 2020.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah A. Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
10.4.a
Packet Pg. 40 Attachment: Resolution Amending Emergency Contracting Authority (2654 : Amendments for Local Emergency)
CITY OF MENIFEE
SUBJECT: Agreement with Southern California Edison for the
Relocation of Electrical Facilities for the Holland Road
Overpass Project, CIP 13-03
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Senior Civil Engineer
REVIEWED BY: Jeff Wyman, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Authorize the City Manager to execute Utility Agreement No. 1 between the City of Menifee and
Southern California Edison for reimbursement costs related to the relocation of electrical
facilities for the Holland Road Overpass Project, CIP 13-03.
DISCUSSION
The City of Menifee is proposing to construct a four-lane bridge over I-215 on Holland Road to
alleviate existing and future traffic congestion experienced at the Newport Road/I-215
Interchange and improve east-west connectivity over the interstate.
The City’s Capital Improvement Program (CIP) staff have been working with various utility
companies and agencies in order to relocate existing utilities that are in direct conflict with the
proposed project. One of the major utility conflicts belongs to Southern California Edison (SCE).
SCE owns and maintains an electrical distribution line along I-215 that needs to be relocated in
order to construct the overpass. Through research and coordination with SCE and Caltrans, it
was determined that SCE has prior easement rights that supersede the City’s; therefore, the
City is 100% liable for any relocation costs associated with the project.
The attached Exhibit 14-F Utility Agreement details the scope of the relocation efforts and
mechanisms to reimburse SCE for their work to relocate the facilities. SCE prepared a cost
estimate of their work as shown in the attached Relocation Cost Liability Letter. The estimated
cost of the work is $515,364; final reimbursement costs will be determined at the end of the
work.
City staff originally estimated the cost of SCE’s relocation work to be up to $700,000. This
estimate has already been included in the overall project budget and will not affect the project-
estimated costs.
10.5
Packet Pg. 41
City of Menifee Staff Report
Holland Road Overpass - City-SCE Utility Agreement
September 2, 2020
Page 2 of 2
The relocation work by SCE will clear all major utilities from the project area and leave the work
site clear of utility obstructions for the construction of the Holland Road Overpass Project to start
construction in November 2021 as currently scheduled. A draft Final Design has been attached
for reference.
FISCAL IMPACT
The reimbursement to SCE for the relocation work is funded from the following account:
Fund Name Account Number Available Balance
320 Capital Projects - Holland Road Overpass 320-4555-58021 $1,873,530
ATTACHMENTS
1. Exhibit 14-F Utility Agreement
2. Relocation Cost Liability Letter
3. Final Design
10.5
Packet Pg. 42
Exhibit 14-F Utility Agreements
City of Menifee
UTILITY AGREEMENT
County Route P.M. Project #
Riverside I - 215 17.5 0815000087
Fed. Aid. No.
Owner's File
FEDERAL PARTICIPATION: On the Project : No
On the Utilities: No
UTILITY AGREEMENT NO. 1
The City of Menifee hereinafter called "LOCAL AGENCY" proposes to construct a four-lane bridge over the I-
215 freeway on Holland Road, in the City of Menifee, Riverside County, California.
And: Southern California Edison (SCE) hereinafter called "OWNER," owns and maintains Distribution Electrical
facilities; within the limits of LOCAL AGENCY’s project that requires relocation of said facilities to accommodate
LOCAL AGENCY’s project.
It is hereby mutually agreed that:
I. WORK TO BE DONE:
In accordance with Notice to Owner dated February 6, 2015, OWNER shall perform all removal
and relocation work, as indicated in Exhibit A. All work shall be performed substantially in
accordance with OWNER's Plan No.0942336; TD1287547 dated 7-15-2020, consisting of 4 sheets,
a copy of which is on file in the Office of the LOCAL AGENCY. Deviations from the OWNER’s
plan described above initiated by either the LOCAL AGENCY or the OWNER, shall be agreed upon
by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved
by the LOCAL AGENCY and agreed to/ acknowledged by the OWNER, will constitute an approved
revision of the OWNER’s plan described above and are hereby made a part hereof. No work under
said deviation shall commence prior to written execution by the OWNER of the Revised Notice to
Owner. Changes in the scope of the work will require an amendment to this Agreement in addition
to the revised Notice to Owner.
NOTE: Significant changes in previously approved plans and estimates require a revised FHWA
Specific Authorization.
II. LIABILITY FOR WORK
For existing facilities on the west side of I-215, those existing facilities are located in their present
position pursuant to rights superior to those of LOCAL AGENCY and will be relocated at LOCAL
AGENCY’s expense. For existing facilities on the east side of I-215, those existing facilities are
located within the LOCAL AGENCY's right of way under permit. The LOCAL AGENCY owns and
maintains the existing streetlights and will remove them at their expense. LOCAL AGENCY will pay
for disconnection of existing streetlights.
10.5.a
Packet Pg. 43 Attachment: Exhibit 14-F Utility Agreement (2632 : Holland Road Overpass - City-SCE Utility Agreement)
III. PERFORMANCE OF WORK
OWNER agrees to perform the herein-described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore; and to prosecute said work diligently to completion.
OWNER agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion.
Work performed by OWNER’s contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements; but, work performed directly by OWNER’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.
Engineering services for locating, making of surveys, preparation of plans, specifications, estimates, supervision, inspection, are to be furnished by OWNER and approved by LOCAL AGENCY. Cost principles for determining the reasonableness and allowability of OWNER’s costs shall be determined in accordance with 48 C.F.R. Part 31; 23 C.F.R. Part 645; and 18 C.F.R. Parts 101 and 201; and OMB Circular A-87, as and if applicable.
Use of out-of-state personnel (or personnel requiring lodging and meal per diem expenses) will not be allowed without prior written authorization by LOCAL AGENCY's representative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting Form FA 1301 is to be completed and submitted for all non-State personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines.
IV. PAYMENT FOR WORK
The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described
work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible
official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of
the actual and necessary cost and expense incurred and charged or allocated to said work in
accordance with the uniform system of accounts prescribed for OWNER by the California Public
Utilities Commission (PUC), Federal Energy Regulatory Commission (FERC) or Federal
Communications Commission (FCC), whichever is applicable.
It is understood and agreed that the LOCAL AGENCY will not pay for any betterment or increase in
capacity of OWNER's facilities in the new location and that OWNER shall give credit to the LOCAL
AGENCY for all accrued depreciation of the replaced facilities and for the salvage value of any
material or parts salvaged and retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit
progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less
estimated credits applicable to completed work. Payment of progress bills not to exceed the amount
of this Agreement may be made under the terms of this Agreement. Payment of progress bills which
exceed the amount of this Agreement may be made after receipt and approval by LOCAL AGENCY
of documentation supporting the cost increase and after an Amendment to this Agreement has been
executed by the parties to this Agreement.
The OWNER shall submit a final bill to the LOCAL AGENCY within 360 days after the completion
of the work described in Section I above. If the LOCAL AGENCY has not received a final bill within
10.5.a
Packet Pg. 44 Attachment: Exhibit 14-F Utility Agreement (2632 : Holland Road Overpass - City-SCE Utility Agreement)
360 days after notification of completion of Owner's work described in Section I of this Agreement,
and LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to
Common Use or Joint Use Agreements, if required for OWNER's facilities, LOCAL AGENCY will
provide written notification to OWNER of its intent to close its file within 30 days and OWNER
hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have
been abandoned.
The final billing shall be in the form of an itemized statement of the total costs charged to the project,
less the credits provided for in this Agreement, and less any amounts covered by progress billings.
However, the LOCAL AGENCY shall not pay final bills which exceed the estimated cost of this
Agreement without documentation of the reason for the increase of said cost from the OWNER and
approval of documentation by LOCAL AGENCY. Except, if the final bill exceeds the OWNER's
estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy
of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount
over the estimated cost of this
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended
Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's
final bill. Any and all increases in costs that are the direct result of deviations from the work described
in Section I of this Agreement, shall have the prior concurrence of LOCAL AGENCY.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of
three years from the date of the final payment and will be available for audit by State and or Federal
auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform
System Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are
applicable to OWNER doing work on the project that is the subject of this agreement, the contract
cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1,
Part 645 and 2CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments
to be unallowable, OWNER agrees to reimburse LOCAL AGENCY upon receipt of LOCAL
AGENCY billing. If OWNER is subject to repayment due to failure by State/Local Public Agency
(LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that
OWNER is compensated for actual cost in performing work under this agreement.
The existing facilities described in Section I and II above will be relocated at 100% LOCAL
AGENCY expense in accordance with this agreement. The estimated cost to LOCAL AGENCY for
the above described work is $515,364.00 per Relocation Cost Liability Letter dated July 2, 2020.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of LOCAL AGENCY's request of August 10, 2017 to
review, study and/or prepare relocation plans and estimates for the project associated with this
Agreement may be billed pursuant to the terms and conditions of this Agreement.
If LOCAL AGENCY’s project which precipitated this Agreement is canceled or modified so as to
eliminate the necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing, and
LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment
shall provide mutually acceptable terms and conditions for terminating the Agreement.
OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the
completion of the work described herein.
LOCAL AGENCY will acquire new rights of way in the name of either the LOCAL AGENCY or
OWNER through negotiation or condemnation and when acquired in LOCAL AGENCY's name,
shall convey same to OWNER by Easement Deed. LOCAL AGENCY's liability for such rights of
way will be at the proration shown for relocation work involved under this Agreement. OWNER shall
10.5.a
Packet Pg. 45 Attachment: Exhibit 14-F Utility Agreement (2632 : Holland Road Overpass - City-SCE Utility Agreement)
reimburse the LOCAL AGENCY all costs for the easement.
Where OWNER has prior rights in areas which will be within the highway right of way and where
OWNER's facilities will remain on or be relocated on LOCAL AGENCY highway right of way, a
Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties.
Each Party, shall indemnify, defend, and hold harmless the other Party and its officers, employees,
and agents from and against all liability, including but not limited to demands, claims, actions, fees,
costs and expenses (including attorney and expert witness fees), arising from or connected with
anything done or omitted to be done by said Party, its respective officers, employees, agents,
contractors, or subcontractors, under or in connection with any work, authority, or jurisdiction
delegated to the indemnifying Party under this
All notices, demands, invoices, and communications shall be in writing and delivered to the following
addresses or such other addresses as the Parties may designate by written notice:
City of Menifee:
Jonathan G. Smith
City Engineer / Director of Public Works
29844 Haun Road
Menifee, CA 92586
SCE:
Cynthia Wagner
Project Manager – Transmission Construction & Technical Support
300 N. Pepper Avenue, Bldg. B
Rialto, CA 92376
The date of any notice or communication shall be deemed to be the date of receipt if delivered
personally, or the date of the receipt or refusal of delivery if transmitted by mail or overnight courier.
Any Party may change its address for notice by giving notice to the other Party in accordance with
this section.
LOCAL AGENCY represents and warrants that this Utility Agreement is not subject to 23 CFR
635.410, the BA provisions.
10.5.a
Packet Pg. 46 Attachment: Exhibit 14-F Utility Agreement (2632 : Holland Road Overpass - City-SCE Utility Agreement)
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
LOCAL AGENCY (OWNER)
By: By:
Armando G. Villa Cynthia Wagner
City Manager SCE Project Manager
Date: Date: August 11, 2020
APPROVAL RECOMMENDED
By: By:
Jeffery T. Melching (Name)
City Attorney (Title)
Date: Date:
Distribution: 1) Owner, 2) Utility Coordinator, 3) DLAE –File, 4) District Utility Coordinator – File
10.5.a
Packet Pg. 47 Attachment: Exhibit 14-F Utility Agreement (2632 : Holland Road Overpass - City-SCE Utility Agreement)
Page 14-28
September 28, 2007 LPP 07-04
10.5.a
Packet Pg. 48 Attachment: Exhibit 14-F Utility Agreement (2632 : Holland Road Overpass - City-SCE Utility Agreement)
Cynthia Wagner
Project Manager
Transmission Project Management
300 N. Pepper Avenue, Bldg. B
Rialto, CA 92376
909-265-5038
Cynthia.Wagner@sce.com Page 1
SUBJECT: Relocation Cost Liability Letter
Relocation of SCE Distribution Facilities
SCE Project ID #:1158
Agency’s E.A. Number: 08-1F980
Project Location: Holland Road Overcrossing at I-215 Fwy, Menifee
The following is a breakdown of the relocation costs for the Distribution facilities that are in conflict
with the City of Menifee’s proposed Freeway Overcrossing project.
SCE facilities are to be installed in accordance to the alignment reflected on the previously approved
SCE Design(s).
Distribution Relocation TD1287547
Labor: $ 64,000.00
Materials: $135,500.00
Contract: $316,500.00
Salvage: ($)318.00
Depreciation: ($)318.00
Total: $515,364.00
City Liability (100.00%): $515,364.00
SCE Liability (00.00%): $ 0.00
Labor includes all direct labor associated with the project, SCE crews or contractor crews
(electrical work), project management, supporting analyst, supporting cost and schedule
staff, underground inspectors, reconciliation / billing, etc.
Material includes all direct material associated with the project, including poles, cable,
conductor, hardware, anchors, transformers, switches, equipment, etc.
Contract includes work that is contracted out such as the underground civil contractor that
will install the ducts and structures for the underground work, traffic control, crane services,
etc.
10.5.b
Packet Pg. 49 Attachment: Relocation Cost Liability Letter (2632 : Holland Road Overpass - City-SCE Utility Agreement)
300 N. Pepper Avenue, Bldg. B
Rialto, CA 92376
909-265-5038
Cynthia.Wagner@sce.com Page 2
This estimate is valid for 90 days from the date of this letter, after the 90 day period, it will be
necessary to update the costs.
If the City of Menifee is in agreement with the above claim, please prepare a Utility Agreement for
the amount of $515,364.00 and forward it to my attention.
Should you have any further questions feel free to contact me at
Sincerely,
Cynthia Wagner
Project Manager
Transmission Project Management
cc: Amanda Evans, Volkan Borluca, Monica Contreras, Project File
10.5.b
Packet Pg. 50 Attachment: Relocation Cost Liability Letter (2632 : Holland Road Overpass - City-SCE Utility Agreement)
10.5.cPacket Pg. 51Attachment: Final Design (2632 : Holland Road Overpass - City-SCE Utility Agreement)
10.5.cPacket Pg. 52Attachment: Final Design (2632 : Holland Road Overpass - City-SCE Utility Agreement)
10.5.cPacket Pg. 53Attachment: Final Design (2632 : Holland Road Overpass - City-SCE Utility Agreement)
**TD1715779**10.5.cPacket Pg. 54Attachment: Final Design (2632 : Holland Road Overpass - City-SCE Utility Agreement)
**TD1715779****TD1715779****TD1715779****TD1715779**10.5.cPacket Pg. 55Attachment: Final Design (2632 : Holland Road Overpass - City-SCE Utility Agreement)
CITY OF MENIFEE
SUBJECT: Amendment No. 3 with NV5, Inc. for CIP 13-04 Bradley
Bridge Design Project
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Jeff Wyman, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Approve Amendment No. 3 with NV5 Inc. for CIP 13-04, Bradley Bridge Design Project,
providing funding for Stormwater Pollution Prevention Plan (SWPPP) preparation in the amount
of $8,500 and extending the term of services through June 30, 2021.
DISCUSSION
The City of Menifee Capital Improvement Program (CIP) is administered and implemented by
the Public Works and Engineering Department. To carry out each CIP project involves various
stages from pre-design to final construction. Certain instances require amendments to CIP
consultant agreements in order to carry out tasks not included in the original scope of work due
to unforeseen conditions, addition of necessary design items, or time extensions to complete
the work.
In 2015, the City retained the services of NV5, Inc. (NV5) to prepare construction and
environmental documents, submit necessary permits and prepare cost estimates for the Bradley
Bridge over Salt Creek project, CIP 13-04. The construction documents and environmental
documents are complete, while the permitting process from regulatory agencies are nearing
completion.
City staff worked with NV5 to secure the required CEQA environmental regulatory permit
approvals. On February 2019, the City submitted permit applications to the Army Corps of
Engineers (ACOE), the California Department of Fish and Wildlife (CDFW) and the Santa Ana
Regional Water Quality Control Board (RWQCB). To date, the City has received permit
approvals from CDFW and RWQCB, but is still awaiting permit approval from ACOE.
Additionally, the City also needs an Encroachment Permit from the Riverside County Flood
Control and Water Conservation District (Flood Control) to allow work in their right-of-way. As
condition of encroachment permit issuance, Flood Control requires the preparation of a Storm
10.6
Packet Pg. 56
City of Menifee Staff Report
Amendment No. 3 with NV5, CIP 13-04
September 2, 2020
Page 2 of 2
Water Pollution Prevention Plan (SWPPP). The original contract with NV5 did not include the
preparation of a SWPPP.
Furthermore, NV5’s contract needs to be extended for another year in order to complete the
remaining environmental permitting and obtain the necessary encroachment permit from Flood
Control.
Therefore staff is recommending amending the current agreement with NV5 to extend the terms
of service through June 30, 2021, and increase their contract by a not-to-exceed amount of
$8,500 to prepare the SWPPP, bringing the NV5 contract amount to $738,011.
Pursuant to Menifee Municipal Code Chapter 3.12.090, any time extension exceeding 60 days
from the previously approved or original agreement deadline, whichever is the latest, shall be
approved by City Council. All other terms of the agreements shall remain the same.
FISCAL IMPACT
The not-to-exceed amount of $8,500 for SWPPP preparation has been budgeted under:
Fund Available Balance Requested Amount
509-4555-58000 $84,309 $8,500
Funding is available in FY 19-20 Budget and will be rolled over to the FY 20-21 Budget by the
Finance Department.
ATTACHMENTS
1. Amendment No. 3 to Agreement (CIP 13-04 (NV5))
2. Request for Amendment
10.6
Packet Pg. 57
AMENDMENT NO. 3 TO
AGREEMENT BETWEEN NV5, INC. AND THE CITY OF MENIFEE
FOR CIP 13-04 (BRADLEY BRIDGE) DESIGN SERVICES
This is Amendment No. 3 to that certain AGREEMENT for Professional Services
Agreement (“Agreement”) made on September 2, 2015 by and between the City of Menifee
(“City”) and NV5, Inc. (“Consultant”) for CIP 13-04 (BRADLEY BRIDGE) DESIGN SERVICES
which Amendment is made and entered into on ______________, 2020 to extend the term,
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 September
2, 2015 and shall end on June 30, 2021 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 2, “Compensation” is amended to read as follows, increasing the contract amount
by: $8,500.00 (EIGHT THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS)
Section 2. City hereby agrees to pay Consultant a sum not to exceed $738,011.00
(SEVEN HUNDRED THIRTHY EIGHT THOUSAND ELEVEN DOLLARS AND ZERO
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.
Section 3. Exhibit A, Scope of Services is supplemented to include Amendment No.
3 Scope of Work Additional Work, which supplement is attached as Exhibit A hereto.
“Amendment No. 3 Scope of Work Additional Work (Amendment No. 3)” 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
3. All other terms and conditions of the Agreement remain in full force and effect.
10.6.a
Packet Pg. 58 Attachment: Amendment No. 3 to Agreement (CIP 13-04 (NV5)) [Revision 3] (2634 : Amendment No. 3 with NV5, CIP 13-04)
Professional Services Amendment No. 3 with Nolte Associates, Inc. (NV5)
CITY OF MENIFEE NV5, INC.
_______________________________ _______________________________
Armando G. Villa, City Manager Carmen Kasner, Regional Chief Executive
Attest: ________________________________
MaryJo O'Brien, CAO/Secretary
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
10.6.a
Packet Pg. 59 Attachment: Amendment No. 3 to Agreement (CIP 13-04 (NV5)) [Revision 3] (2634 : Amendment No. 3 with NV5, CIP 13-04)
Professional Services Amendment No. 3 with Nolte Associates, Inc. (NV5)
10.6.a
Packet Pg. 60 Attachment: Amendment No. 3 to Agreement (CIP 13-04 (NV5)) [Revision 3] (2634 : Amendment No. 3 with NV5, CIP 13-04)
Professional Services Amendment No. 3 with Nolte Associates, Inc. (NV5)
10.6.a
Packet Pg. 61 Attachment: Amendment No. 3 to Agreement (CIP 13-04 (NV5)) [Revision 3] (2634 : Amendment No. 3 with NV5, CIP 13-04)
August 14, 2020
Mr. Carlos Geronimo, PE
Principal Engineer
Capital Improvement Projects
City of Menifee
29844 Haun Road
Menifee, California 92586
Subject: Request for Amendment to Prepare a Storm Water Pollution Prevention Plan
(SWPPP) for Bradley Road Bridge Improvements Project
Dear Mr. Geronimo:
Attached please find our proposal for the preparation of the SWPPP document for the Bradley Road Bridge
Improvements Project, plus additional anticipated meetings from Dudek and NV5. If you are in agreement
with this proposal, we respectfully request that you amend our budget by a total of $8,500 based on the
following:
Preparing the SWPPP documentation $6,000
Additional meeting times for Dudek $1,395
Additional meeting times for NV5 $1,105
If this proposal is acceptable to you, please amend our original contract value of $729,511 to the new total of
$738,011.
NV5 appreciates the opportunity to continue being of service on this project. If you have any questions or
require additional information, please do not hesitate to contact me on my direct line at (858) 385-2128 or on
my cellular at (858) 705-2430.
Respectfully submitted,
NV5, Inc.
Jack L. Abcarius, P.E.
Associate
Attachments: SWPPP Proposal
10.6.b
Packet Pg. 62 Attachment: Request for Amendment (2634 : Amendment No. 3 with NV5, CIP 13-04)
Mr. Carlos Geronimo, Senior Engineer
August 14, 2020
Page 2
Storm Water Pollution Prevention Plan (SWPPP)
A Stormwater Pollution Prevention Plan (SWPPPP) will be required for this project since the project will likely
disturb more than one acre of soil. The SWPPP is required under the State’s General Construction Permit for
Stormwater Discharges, Order No. 2009-009-DWQ (CGP) that is regulated by the State Water Resources
Control Board. The City will be required to obtain coverage under the CGP by filing a Notice of Intent (NOI)
online and obtaining a Waste Discharge Identification Number (WDID#) and NV5 can assist with that process.
NV5 will prepare a SWPPP for the project based on the current CGP. The SWPPP will be prepared by a
Qualified SWPPP Developer and will follow the California Storm Water Quality Association (CASQA)
template as a basis for preparing the SWPPP. The SWPPP text will include information on potential pollutants
from the site as well as sampling and monitoring requirements during construction. The SWPPP will include
Water Pollution Control Plans (WPCPs) that will document all Best Management Practices (BMPs) to be
installed prior to the start of construction. BMPs will typically include fiber rolls, storm drain inlet protection,
silt fencing, slope stabilization, etc. The WPCPs will depict only a snapshot of the required BMPs at the start
of construction. It will be the Qualified SWPPP Practitioner’s (QSP’s) responsibility to update the WPCPs as
construction progresses in order to maintain compliance. We will use the project grading plans as base maps
for preparation of our WPCPs. Our fee includes time to respond to one round of comments from the City.
NV5 will transmit all documents in pdf format to the City and can work with the City to upload the necessary
documents to the SMARTS website.
Exclusions
The following are not included within our scope of work and fees: fees associated with submitting and renewing
the NOI, annual reporting to the Regional Board, inspections and sampling required by the SWPPP’s
Monitoring Program, preparing the Notice of Termination and accompanying documentation, any changes
made necessary by plan checks or changes in site conditions (SWPPP Amendments), and soil monitoring
and/or reporting.
Deliverables
Deliverables include one hard copy of the SWPPP document, and all electronic files to be delivered in pdf
format via email or ftp site to the City.
Time and Materials Fee: $6,000
10.6.b
Packet Pg. 63 Attachment: Request for Amendment (2634 : Amendment No. 3 with NV5, CIP 13-04)
CITY OF MENIFEE
SUBJECT: Fiscal Year 2020-2021 Capital Improvement Program
Budget Increase for Ash Dale Way Drainage Improvement
Project, CIP 21-14
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Senior Civil Engineer
REVIEWED BY: Jeff Wyman, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
1. Add CIP 21-14: Ash Dale Way Drainage Improvement Project, to the Fiscal Year
2020/21 CIP Drainage Project Listing; and
2. Adopt a Resolution to appropriate $150,000 from Fund 460 Capital Projects available
fund balance for the Ash Dale Way Drainage Improvement Project.
DISCUSSION
City staff received complaints of consistent flooding during rain events from residents on Ash
Dale Way, located in the Quail Valley community. Over the last year, City Public Works and
Engineering Department staff inspected the site and reviewed the validity of the complaints.
Staff determined that a low point on Ash Dale Way does not properly drain and frequently floods
the area, that may pose risk to nearby properties from water damage. Additionally, the
pavement around this low point area has been significantly damaged over time due to flooding,
and now requires repairs.
Staff recommends adding the Ash Dale Way Drainage Improvement Project to the FY 2020/21
CIP Drainage Project Listing to permanently resolve these flooding concerns. The proposed
work for the project includes installation of drainage inlets at the low points on both sides of the
road and connecting to an underground storm drain system consisting of an existing 24”
corrugated metal pipe culvert located approximately 70’ north of this location. Additionally, the
existing pavement in this area would be re-constructed.
FISCAL IMPACT
The recommended action will modify the approved FY 2020-21 CIP Budget with the following
appropriations:
10.7
Packet Pg. 64
City of Menifee Staff Report
CIP 21-14 Ash Dale Drainage Improvement Project
September 2, 2020
Page 2 of 2
Fund
Account #
Fund
Balance to
be used
Appropriation
Amount Project Account #
460 CSA 86
$150,000 $150,000 CIP 21-14, Ash Dale Way
Drainage Improvements 460-4554-58112
There is no General Fund impact from this fund balance appropriation.
ATTACHMENTS
1. Resolution to Amend FY 2020/21 Operating Budget
2. Ash Dale Way Existing Conditions
10.7
Packet Pg. 65
RESOLUTION NO. 20-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING THE FISCAL YEAR 2020/21 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2020/21
with resolution 20-916 on June 3rd, 2020; and
WHEREAS, the City of Menifee does from time to time have unanticipated expenditures
arise; 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 2020/21
budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
CSA 86 Fund Adopted FY 2020/21 Revenue Budget: $944,017
CITY COUNCIL
MEETING
DESCRIPTION
ACCOUNT #
AMOUNT
CSA 86 Adopted FY 2020/21 Expenditure Budget: $910,459
2. Record Appropriation(s):
CITY COUNCIL
MEETING
DESCRIPTION
ACCOUNT #
AMOUNT
August 19, 2020 CIP 21-14: Ash Dale
Way Drainage
Improvements
460-4554-58112 $150,000
Amended CSA 86 Fund FY 2020/21 Expenditure Budget: $1,060,459
10.7.a
Packet Pg. 66 Attachment: Resolution to Amend FY 2020/21 Operating Budget [Revision 1] (2633 : CIP 21-14 Ash Dale Drainage Improvement Project)
Amending the Fiscal Year 2020/21 CSA 86 Fund Budget
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 CSA 86 Fund for the City of Menifee for fiscal year 2020/21 is
hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Expenditures:
CIP 21-14: Ash Dale Way Drainage Improvements 150,000
Amended CSA 86 Fund FY 2020/21 Budget: $1,060,459
PASSED, APPROVED AND ADOPTED this 2nd day of September 2020.
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
10.7.a
Packet Pg. 67 Attachment: Resolution to Amend FY 2020/21 Operating Budget [Revision 1] (2633 : CIP 21-14 Ash Dale Drainage Improvement Project)
Ash Dale Way Existing Conditions
Looking North:
Looking South
LOW POINT LOW POINT
Downstream
Residence
10.7.b
Packet Pg. 68 Attachment: Ash Dale Way Existing Conditions (2633 : CIP 21-14 Ash Dale Drainage Improvement Project)
CITY OF MENIFEE
SUBJECT: Agreement with Rick Engineering Company for Design
Services of Traffic Signal at Murrieta Road/ Sun City
Boulevard, CIP 21-09
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Jeff Wyman, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Approve a Professional Services Agreement with Rick Engineering Company in an amount not-
to-exceed $65,780 for design services of traffic signal at Murrieta Road/Sun City Boulevard, CIP
21-09.
DISCUSSION
The proposed traffic signal at the intersection of Murrieta Rd. and Sun City Blvd. is identified as
a priority project in the City’s Five-Year Capital Improvement Program for Fiscal Year (FY)
2020-21.
Murrieta Road is classified as a four-lane undivided roadway and Sun City Boulevard is
classified as a two-lane collector road in the City General Plan. The intersection is controlled by
a four-way stop which creates ongoing traffic congestion issues. The proposed project will install
traffic signals, upgrade existing ADA ramps, and fix drainage deficiencies at the intersection.
This project, in conjunction with CIP 21-01 Murrieta Road Resurfacing Phase 1, which will
modify traffic lane striping, create bike lanes and buffer space with curbside parking, will
improve traffic flow and enhance safety for pedestrians and bicyclists through physical
separation with vehicular traffic and controlling traffic speed. The new traffic signal will be
integrated into the citywide automated traffic signal system to provide real-time traffic monitoring
and signal timing adjustments to better match signal cycling with traffic patterns.
The City is requesting the services of Rick Engineering Company to prepare plans,
specifications, cost estimates and utility coordination.
10.8
Packet Pg. 69
City of Menifee Staff Report
Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09
September 2, 2020
Page 2 of 2
CONSULTANT SELECTION
In 2018 the City conducted a competitive Request for Qualifications (RFQ) to establish a short
list of approved consultants to perform professional services for the City’s Capital Improvement
Program. A list of consultants was subsequently established for a variety of services including
Civil Engineering Design. Having a short-list of qualified consultants enables the City to procure
needed professional services effectively an in a timely manner.
On July 2020, an informal request for proposal (RFP) was solicited to two firms listed in the
short list of civil design consulting firms for the FY 20-21 Signal Installation projects. Both firms
on the short list responded to the informal RFP.
City staff evaluated the proposals received for each intersection based on the complexity of the
proposed work, each firm’s past performance, strength and expertise, and quoted price:
Rick Engineering Kimley Horn
Murrieta/ Sun City $65,800 $70,257
City staff selected Rick Engineering Company as the best firm to provide the necessary
preparation of design documents, specifications, costs estimates, and utility coordination of the
traffic signals at Murrieta Road and Sun City Blvd Intersection.
FISCAL IMPACT
The cost of the not-to-exceed design and bid document preparation for $65,780 has been
budgeted in FY 2020-21 under the following account:
Fund Project Account # Available
Balance
Amount
Requested
526 – DIF
Citywide-
Circulation
Murrieta Rd/Sun City Blvd
Traffic Signal 526-4555-58107 $700,000 $65,780
ATTACHMENTS
1. AGREEMENT- RICK ENGINEERING, CIP21-09
10.8
Packet Pg. 70
2671/031858-0001
7630376.2 a02/04/20
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 21-09: MURRIETA ROAD AND SUN CITY BLVD. TRAFFIC SIGNAL
(CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”))
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 RICK ENGINEERING COMPANY, a 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 19, 2020 and
shall end on June 30, 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.
10.8.a
Packet Pg. 71 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -2-
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 SIXTY FIVE THOUSAND
SEVEN HUNDRED EIGHTY DOLLARS AND ZERO CENTS ($65,780.00) 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
10.8.a
Packet Pg. 72 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -3-
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.
10.8.a
Packet Pg. 73 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -4-
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.
10.8.a
Packet Pg. 74 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -5-
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.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
10.8.a
Packet Pg. 75 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -6-
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
21-09: MURRIETA ROAD AND SUN CITY BLVD. TRAFFIC SIGNAL (CIVIL DESIGN
PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”)) 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
10.8.a
Packet Pg. 76 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -7-
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
10.8.a
Packet Pg. 77 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -8-
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.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
10.8.a
Packet Pg. 78 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -9-
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.
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.
10.8.a
Packet Pg. 79 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -10-
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;
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.
10.8.a
Packet Pg. 80 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -11-
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.
10.8.a
Packet Pg. 81 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -12-
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 Carson P. Edgington PE (“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, Run Chen, Senior 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.
10.9 Notices. Any written notice to Consultant shall be sent to:
10.8.a
Packet Pg. 82 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -13-
RICK ENGINEERING COMPANY
Attn: Carson P. Edgington PE
5620 Friars Road
San Diego, CA 92110
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Run Chen, Senior 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.
10.8.a
Packet Pg. 83 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -14-
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]
10.8.a
Packet Pg. 84 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a02/04/20 -15-
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
Kevin Gibson, Principal
Carson Edgington, Associate
[Corporation must have two signatures]
10.8.a
Packet Pg. 85 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a00/00/00 EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include Civil Design Plans, Specifications and Estimate (PS&E) services for the
CIP 21-09: Murrieta Road and Sun City Blvd. Traffic Signal Project in the not to exceed amount
of SIXTY FIVE THOUSAND SEVEN HUNDRED EIGHTY DOLLARS AND ZERO
CENTS ($65,780.00) as further detailed in the following pages.
10.8.a
Packet Pg. 86 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a00/00/00 -2-
10.8.a
Packet Pg. 87 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a00/00/00 -3-
10.8.a
Packet Pg. 88 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a00/00/00 -4-
10.8.a
Packet Pg. 89 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a00/00/00 -5-
10.8.a
Packet Pg. 90 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a00/00/00 -6-
10.8.a
Packet Pg. 91 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a00/00/00 -7-
10.8.a
Packet Pg. 92 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a00/00/00 -8-
10.8.a
Packet Pg. 93 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
2671/031858-0001
7630376.2 a00/00/00 -9-
10.8.a
Packet Pg. 94 Attachment: AGREEMENT- RICK ENGINEERING, CIP21-09 (2618 : Traffic Signal - Rick Engineering Company Design Agreement, CIP 21-09)
CITY OF MENIFEE
SUBJECT: Agreements with STC Traffic, Inc. for Design Services of
Traffic Signals at Menifee Road/La Piedra Road, CIP 21-07
and at Murrieta Road/Rouse Road, CIP 21-10
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Jeff Wyman, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
1. Approve and execute a Professional Services Agreements with STC Traffic, Inc. in the
amount not-to-exceed $30,150 for design services of traffic signals at Murrieta
Road/Rouse Road, 21-10; and
2. Approve and execute a Professional Services Agreements with STC Traffic, Inc. in the
amount not-to-exceed $32,650 for design services of traffic signals at Menifee Road/La
Piedra Road, CIP 21-07.
DISCUSSION
The proposed traffic signals at the intersections of Menifee Road/La Piedra Road and Murrieta
Road/Rouse Road are identified as two priority projects in the City’s Capital Improvement
Program Fiscal Years 2020-2025, Traffic Signal Project Listing, for Fiscal Year (FY) 2020-21.
The intersections are currently controlled by a four-way stop at Menifee Road and Rouse Road
and a three-way stop at Menifee Road and La Piedra Road. Both stop intersections create on-
going traffic congestion issues during peak times of the day. The proposed project will install
traffic signals at both locations, install traffic signal interconnection equipment and upgrade
existing ADA ramps.
Menifee Road at La Piedra Road is a three-way intersection currently controlled by all-way stop
signs. The intersection is at build-out; no additional right-of-way is required to construct this
project. The all-way stop intersection creates on-going traffic congestion issues during peak
times of the day due to the presence of schools and parks. In addition, a future Public Library is
proposed at the north-west corner of this intersection, which will add additional congestion
issues. In addition to the traffic signals, this project will also install high visibility pedestrian
10.9
Packet Pg. 95
City of Menifee Staff Report
Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10
September 2, 2020
Page 2 of 3
crosswalks and make necessary modifications to left turn pocket lanes on Menifee Road and La
Piedra Road.
Rouse Road at Murrieta Road is a major roadway that is controlled by an all-way stop. The curb
configuration at the intersection of Rouse Road and Murrieta Road is at build-out. This project
will replace the existing stop signs with traffic signals to mitigate traffic congestion and
standardize turn pocket lanes.
CONSULTANT SELECTION
In 2018 the City conducted a competitive Request for Qualifications (RFQ) to establish a short
list of approved consultants to perform professional services for the City’s Capital Improvement
Program. A list of consultants was subsequently established for a variety of services including
Civil Engineering Design. Having a short-list of qualified consultants enables the City to procure
needed professional services effectively an in a timely manner.
On July 2020, an informal request for proposal (RFP) was solicited to three firms listed in the
short list of civil design consulting firms for the FY 20-21 Signal Installation projects. All three
firms on the short list responded to the informal RFP.
City staff evaluated the proposals received for each intersection based on the complexity of the
proposed work, each firm’s past performance, strength and expertise, and quoted price:
STC, Inc Rick Engineering Kimley Horn
Murrieta/ Rouse $30,150 $65,780 $32,701
Menifee/ La Priedra $32,650 $32,701
City staff selected STC Traffic, Inc. as the most responsive and best firm to provide the
necessary preparation of design documents, specifications, costs estimates, and utility
coordination for the two traffic signals.
FISCAL IMPACT
The not-to-exceed design and bid document preparation costs of $62,800 has been budgeted in
FY 2020-21 under the following accounts:
Fund Project Account # Available
Balance
Amount
Requested
526 – DIF
Citywide
Circulation
Murrieta/Rouse Traffic
Signal 526-4555-58108 $500,000 $30,150
526 – DIF
Citywide
Circulation
Menifee/La Priedra Traffic
Signal 526-4555-58105 $500,000 $32,650
10.9
Packet Pg. 96
City of Menifee Staff Report
Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10
September 2, 2020
Page 3 of 3
ATTACHMENTS
1. Agreement - STC, CIP 21-10
2. Agreement - STC, CIP 21-07
10.9
Packet Pg. 97
2671/031858-0001
7630376.2 a02/04/20
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 21-10: MURRIETA ROAD AND ROUSE ROAD TRAFFIC SIGNAL
(CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”))
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 STC TRAFFIC, 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 August 19, 2020 and
shall end on June 30, 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.
10.9.a
Packet Pg. 98 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -2-
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 THIRTY THOUSAND ONE
HUNDRED FIFTY DOLLARS AND ZERO CENTS ($30,150.00) 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
10.9.a
Packet Pg. 99 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -3-
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.
10.9.a
Packet Pg. 100 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -4-
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.
10.9.a
Packet Pg. 101 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -5-
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.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
10.9.a
Packet Pg. 102 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -6-
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
21-10: MURRIETA ROAD AND ROUSE ROAD TRAFFIC SIGNAL (CIVIL DESIGN
PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”)) 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
10.9.a
Packet Pg. 103 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -7-
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
10.9.a
Packet Pg. 104 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -8-
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.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
10.9.a
Packet Pg. 105 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -9-
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.
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.
10.9.a
Packet Pg. 106 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -10-
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;
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.
10.9.a
Packet Pg. 107 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -11-
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.
10.9.a
Packet Pg. 108 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -12-
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 Nick Minicilli (“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, Run Chen, Senior 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.
10.9 Notices. Any written notice to Consultant shall be sent to:
10.9.a
Packet Pg. 109 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -13-
STC TRAFFIC, INC.
Attn: Nick Minicilli
5865 Avenida Encinas, Suite 142-B
Carlsbad, CA 92008
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Run Chen, Senior 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.
10.9.a
Packet Pg. 110 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -14-
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]
10.9.a
Packet Pg. 111 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -15-
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
Jason Stack, President
Nick Minicilli, Vice President
[Corporation must have two signatures]
10.9.a
Packet Pg. 112 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include Civil Design Plans, Specifications and Estimate (PS&E) services for the
CIP 21-10: Murrieta Road and Rouse Road Traffic Signal Project in the not to exceed amount of
THIRTY THOUSAND ONE HUNDRED FIFTY DOLLARS AND ZERO
CENTS ($30,150.00) as further detailed in the following pages.
10.9.a
Packet Pg. 113 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -2-
10.9.a
Packet Pg. 114 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -3-
10.9.a
Packet Pg. 115 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -4-
10.9.a
Packet Pg. 116 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -5-
10.9.a
Packet Pg. 117 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a00/00/00 EXHIBIT A
10.9.a
Packet Pg. 118 Attachment: Agreement - STC, CIP 21-10 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 21-07: MENIFEE ROAD AND LA PIEDRA ROAD TRAFFIC SIGNAL
(CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”))
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 STC TRAFFIC, 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 August 19, 2020 and
shall end on June 30, 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.
10.9.b
Packet Pg. 119 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -2-
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 THIRTY TWO THOUSAND
SIX HUNDRED FIFTY DOLLARS AND ZERO CENTS ($32,650.00) 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
10.9.b
Packet Pg. 120 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -3-
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.
10.9.b
Packet Pg. 121 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -4-
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.
10.9.b
Packet Pg. 122 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -5-
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.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
10.9.b
Packet Pg. 123 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -6-
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
21-07: MENIFEE ROAD AND LA PIEDRA ROAD TRAFFIC SIGNAL (CIVIL DESIGN
PLANS, SPECIFICATIONS, AND ESTIMATE (“PS&E”)) 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
10.9.b
Packet Pg. 124 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -7-
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
10.9.b
Packet Pg. 125 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -8-
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.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
10.9.b
Packet Pg. 126 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -9-
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.
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.
10.9.b
Packet Pg. 127 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -10-
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;
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.
10.9.b
Packet Pg. 128 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -11-
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.
10.9.b
Packet Pg. 129 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -12-
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 Nick Minicilli (“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, Run Chen, Senior 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.
10.9 Notices. Any written notice to Consultant shall be sent to:
10.9.b
Packet Pg. 130 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -13-
STC TRAFFIC, INC.
Attn: Nick Minicilli
5865 Avenida Encinas, Suite 142-B
Carlsbad, CA 92008
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Run Chen, Senior 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.
10.9.b
Packet Pg. 131 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -14-
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]
10.9.b
Packet Pg. 132 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 -15-
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
Jason Stack, President
Nick Minicilli, Vice President
[Corporation must have two signatures]
10.9.b
Packet Pg. 133 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a02/04/20 EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include Civil Design Plans, Specifications and Estimate (PS&E) services for the
CIP 21-07: Menifee Road and La Piedra Road Traffic Signal Project in the not to exceed amount
of THIRTY TWO THOUSAND SIX HUNDRED FIFTY DOLLARS AND ZERO
CENTS ($32,650.00) as further detailed in the following pages.
10.9.b
Packet Pg. 134 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a00/00/00 EXHIBIT A
10.9.b
Packet Pg. 135 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a00/00/00 -2-
10.9.b
Packet Pg. 136 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a00/00/00 -3-
10.9.b
Packet Pg. 137 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a00/00/00 -4-
10.9.b
Packet Pg. 138 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
2671/031858-0001
7630376.2 a00/00/00 -5-
10.9.b
Packet Pg. 139 Attachment: Agreement - STC, CIP 21-07 (2617 : Traffic Signal - STC Traffic, Inc. Design Agreements, CIP 21-07 and CIP 21-10)
CITY OF MENIFEE
SUBJECT: Appeal No. PLN20-0159—Appeal of the Approval; And,
Appeal PLN20-0169—Appeal of the Approval; And, Appeal
No. PLN 20-0199—Appeal of the Indemnity Condition of
Approval of “Haun and Holland Mixed Use Center” Tentative
Parcel Map No.37121 (Planning Application No. 2016-135)
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Kevin Ryan, Planning Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
1. Conduct a public hearing; and
2. Adopt a Resolution rescinding the Planning Commission Resolution No. PC20-514 for
the adoption of the Initial Study and Mitigated Negative Declaration and the Planning
Commission Resolution No. PC20-515 approving Tentative Parcel Map No. 2016-185
(Pm 37121) and declaring the appeals of those Planning Commission Resolutions moot.
DISCUSSION
Tentative Parcel Map No. 2016-185 (PM 37121) was approved by the Planning Commission
on June 24, 2020 for the subdivision of 37.06 gross acres into six commercial parcels ranging in
size from 5.10 to 7.76 acres for the potential future development of commercial, office, retail
and/or industrial uses and to also dedicate a portion of the parcels to public streets. Following
the Planning Commission Public Hearing staff received three separate Appeals, two challenging
the merits and conclusions adopted in the Mitigated Negative Declaration prepared for the
project and one by the applicant seeking to amend the Conditions of Approval with respect to
the City’s Indemnification language. Appeals were received from the following:
• Blum/Collins, LLP for Golden State Environmental Justice Alliance (“GSEJA”), received
June 29, 2020
• Lozeau Drury, LLP for Supporters Alliance for Environmental Responsibility (“SAFER”),
received June 29, 2020
• Jim Nelson, applicant JPN Corporation, received July 2, 2020
11.1
Packet Pg. 140
City of Menifee Staff Report
Haun and Holland Mixed Use Center-TPM No. 37121 Appeals
September 2, 2020
Page 2 of 3
All three Appeals were originally noticed and placed on the August 19, 2020 City Council
Agenda, however, these Appeals were continued, by mutual agreement by all parties to the
September 2, 2020 regularly scheduled City Council meeting. Prior to the posting of the
September 2, 2020 City Council agenda, the applicant, Jim Nelson, submitted to the City a
formal written request dated August 19, 2020 to withdraw all entitlements associated with the
project. Therefore, staff is recommending that the City Council adopt a Resolution rescinding
the Planning Commission’s Resolution to adopt the Mitigated Negative Declaration prepared for
Tentative Parcel Map No. 2016-185 (PM 37121) and rescind the Planning Commission’s
Resolution to approve Tentative Parcel Map 37121. Given that the entitlements are to be
withdrawn at the request of the applicant, the Appeals listed above become moot and no longer
require action by the City Council.
PROJECT LOCATION
The project site is bound by Interstate 215 (I-215) to the east, Haun Road to the west, Holland
Road to the south, and vacant property to the north with La Piedra Road located beyond (APN
360-130-003). The Project site is vacant, dominated by non-native grassland and field croplands
with disturbed habitats and a drainage ditch that runs west-to-east on the southern portion of the
Project site.
The project site is situated in a predominately commercial corridor with vacant commercial
property located to the north, a self-storage facility to the south, the Paloma Wash to the west
beyond Haun Road and Mt. San Jacinto Community College and multi-family residential
properties located beyond Interstate 215.
11.1
Packet Pg. 141
City of Menifee Staff Report
Haun and Holland Mixed Use Center-TPM No. 37121 Appeals
September 2, 2020
Page 3 of 3
Tentative Parcel Map 37121
ENVIRONMENTAL DETERMINATION
The City of Menifee Community Development Department has determined that the above action
is exempt from CEQA per Section 15061(b)(3) of the State Guidelines because the project
consists of rescinding the approval of a prior discretionary action at the request of the applicant
including any and all other approvals for entitlement. Therefore, it is with certainty that there is
no possibility that the withdrawal and rescission of the entitlements may have a significant effect
on the environment.
PUBLIC NOTICE
A 10 day Notice of Public Hearing for Appeal No. PLN20-0159—Appeal of the Approval; and,
Appeal PLN20-0169—Appeal of the Approval; and, Appeal No. PLN 20-0199—Appeal of the
Indemnity Condition of Approval of “Haun and Holland Mixed Use Center” Tentative Parcel Map
No.37121 (Planning Application No. 2016-135) was published in the Press Enterprise on August
10, 2020 and mailed to surrounding property owners within 700 feet.
ATTACHMENTS
1. Nelson - Menifee Rescission Letter
2. Resolution - 2016-185 PM 37121 Withdrawal Updated
11.1
Packet Pg. 142
August 19, 2020
VIA E-MAIL (kryan@cityofmenifee)
Mr. Kevin Ryan
Planning Manager
Community Development Department
City of Menifee
29844 Haun Road
Menifee, CA 92586
RE: Rescission of approval of TPM No. 2016-185 (TPM 37121)
Dear Mr. Ryan:
I am the authorized representative of the applicant for the referenced Tentative Parcel
Map, which was approved by the City Planning Commission on June 24, 2020.
By this letter, JPN Corporation, Inc., hereby requests that the City rescind its approval of
TPM No. 2016-185 (TPM 37121), the associated Mitigated Negative Declaration, and any and all
other approvals or entitlements approved by the Planning Commission on June 24, 2020.
Very truly yours,
Jim P. Nelson
cc: Jeffrey T. Melching, Esq.
P.O. Box 27240 -San Diego -California -92198 Ph. 619-985-8220
11.1.a
Packet Pg. 143 Attachment: Nelson - Menifee Rescission Letter (2626 : Haun and Holland Mixed Use Center-TPM No. 37121 Appeals)
RESOLUTION NO. 20-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA RESCINDING PLANNING COMMISSION RESOLUTIONS
NO. 20-514 AND NO. 20-515, IN RESPONSE TO THE APPLICANTS
REQUEST TO WITHDRAW TENTATIVE PARCEL MAP NO. 37121
(PLANNING APPLICATION TPM 2016-185) FOR THE SUBDIVISION
OF 37.06 ACRES INTO SIX (6) PARCELS FOR COMMERCIAL,
RETAIL, AND AUTO RELATED USES LOCATED AT THE
NORTHEAST CORNER OF HAUN AND HOLLAND ROADS AND
WEST OF INTERSTATE 215 (APN: 360-130-003), AND DECLARING
THE APPEALS OF THOSE PLANNING COMMISSION RESOLUTIONS
MOOT
WHEREAS, on August 11, 2016, the applicant, JPN Corporation, filed a formal
application with the City of Menifee for Tentative Parcel Map (TPM) 2016-185 (PM
37121) a subdivision of 37.06 gross acres into six (6) commercial parcels ranging in size
from 5.10 to 7.76 gross acres (collectively, the “Project”); and
WHEREAS, on June 24, 2020, following a properly noticed and conducted public
hearing on the Project, the Planning Commission of the City of Menifee adopted
Planning Commission Resolutions No. 20-514 and No. 20-515, respectively, adopting
the Initial Study and Mitigated Negative Declaration and granting approval of TPM 2016-
185 (PM 37121); and
WHEREAS, on June 29, 2020 the City of Menifee received Appeal No. PLN20-
0159 from Golden State Environmental Justice Alliance/Hannah Bentley, Blum Collins,
LLP., appealing the June 24, 2020 Planning Commission approval of TPM 2016-185
(PM 37121) on the merits and preparation of the Initial Study and Mitigated Negative
Declaration; and
WHEREAS, on June 29, 2020 the City of Menifee received Appeal No. PLN20-
0169 from Supporters Alliance for Environmental Responsibility, appealing the June 24,
2020 Planning Commission approval of TPM 2016-185 (PM 37121) on the merits and
preparation of the Initial Study and Mitigated Negative Declaration; and
WHEREAS, on July 2, 2020, the applicant, Jim Nelson for JPN Corporation, filed
Appeal No. PLN20-0199 appealing the June 24, 2020 Planning Commission approval of
the Indemnification Agreement within the Condition of Approval for TPM 2016-185 (PM
37121), and
WHEREAS, On August 19, 2020, the applicant, Jim Nelson for JPN Corporation
filed a written request with the City of Menifee for the rescission of approval of Tentative
Parcel Map (TPM) 2016-185 (PM 37121) a subdivision of 37.06 gross acres into SIX (6)
commercial parcels ranging in size from 5.10 to 7.76 gross acres (collectively, the
“Project”); and
WHEREAS, on September 2, 2020, the City Council of the City of Menifee held a
public hearing on the Project, considered all public testimony as well as all materials in
the staff report and accompanying documents for the rescission of Tentative Parcel Map
(TPM) 2016-185 (TPM 37121) which hearing was publicly noticed by a publication in
The Press Enterprise, a newspaper of general circulation, an agenda posting, and notice
to property owners within 700 feet of the Project boundaries and to persons requesting
public notice; and
11.1.b
Packet Pg. 144 Attachment: Resolution - 2016-185 PM 37121 Withdrawal Updated (2626 : Haun and Holland Mixed Use Center-TPM No. 37121 Appeals)
PM 37121 / Planning Case PM 2016-185
June 24, 2020
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Menifee
resolves and orders as follows:
1. Planning Commission Resolution No. PC20-514 for the adoption of the
Initial Study and Mitigated Negative Declaration and Planning
Commission Resolution No. PC20-515 approving Tentative Parcel Map
No. 2016-185 (PM 37121) are hereby rescinded and of no further force or
effect.
2. Appeals PLN 20-0159, PLN20-0169, and PLN20-0199 are, by virtue of
the action taken in Section 1, hereby dismissed as moot.
PASSED, APPROVED AND ADOPTED this the 2nd day of September 2020.
_________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah A. Manwaring, City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
11.1.b
Packet Pg. 145 Attachment: Resolution - 2016-185 PM 37121 Withdrawal Updated (2626 : Haun and Holland Mixed Use Center-TPM No. 37121 Appeals)
CITY OF MENIFEE
SUBJECT: Office of Traffic Safety Selective Traffic Enforcement
Program Grant for the Police Department
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst
REVIEWED BY: Pat Walsh, Police Chief
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Adopt a Resolution accepting the grant funds from the Office of Traffic Safety for the Selective
Traffic Enforcement Program grant in the amount of $115,000.
DISCUSSION
The Menifee Police Department was awarded $115,000 by the Office of Traffic Safety (OTS) for
the Selective Traffic Enforcement Program (STEP) grant. Funds will be used for costs incurred
by the Police Department during activities such as driving under the influence (DUI) checkpoints
and saturation patrols; equipment; and distracted driving, traffic, motorcycle safety, and
pedestrian and bicycle safety enforcement.
OTS administers several grant programs including the STEP grant. The purpose of this grant is
to reduce the number of driving under the influence incidents and collisions within the City of
Menifee. The Police Department will send four officers to Standardized Field Sobriety Testing
(SFST) training, two officers to Advanced Roadside Impaired Driving Enforcement (ARIDE)
training, one officer to Drug Recognition Expert (DRE) training, and one officer to DRE instructor
training.
This grant will help the City achieve its goals of educating the public, promoting a safe
environment for our community, and reducing the number of persons killed and injured in
crashes involving alcohol, drugs, and other primary collision factors such as distracted driving
and driving at unsafe speeds.
Additionally, the funds will be used toward operational costs and supplies to conduct
checkpoints, patrols, and enforcement activities.
.
12.1
Packet Pg. 146
City of Menifee Staff Report
OTS Grant for Police Department
September 2, 2020
Page 2 of 2
FISCAL IMPACT
There is no fiscal impact to the general fund. OTS will reimburse any fiscal costs within the
guidelines of this grant to the designated fund. No match by the City is required.
ATTACHMENTS
1. 2020-2021 Grant Agreement
2. Resolution - OTS (STEP) Grant
3. Grant Summary Report (OTS)(STEP)(2020)
12.1
Packet Pg. 147
7/28/2020 8:59:43 AM Page 1 of 17
State of California Office of Traffic Safety
GRANT AGREEMENT GRANT NUMBER
PT21177
1.GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2.NAME OF AGENCY 3.Grant Period
Menifee From:
To:
10/01/2020
09/30/20214.AGENCY UNIT TO ADMINISTER GRANT
Menifee Police Department
5.GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes
involving alcohol and other primary crash factors. The funded strategies may include impaired driving
enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt
enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public
awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These
strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6.Federal Funds Allocated Under This Agreement Shall Not Exceed:$115,000.00
7.TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
Schedule A Problem Statement, Goals and Objectives and Method of Procedure
Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable)
Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable)
Exhibit A Certifications and Assurances
Exhibit B* OTS Grant Program Manual
Exhibit C Grant Electronic Management System (GEMS) Access
*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if
attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8.Approval Signatures
A.GRANT DIRECTOR B.AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Abigail Valle
Lieutenant
avalle@menifeepolice.org
(951) 723-1532
29714 Haun Road
Menifee, CA 92586
ADDRESS:Pat Walsh
Chief of Police
pwalsh@menifeepolice.org
(951) 723-1510
29714 Haun Road
Menifee, CA 92586
{{_es_signer2_signature}} {{_es_signer2_date}}{{_es_signer4_signature}} {{_es_signer4_date}}
(Signature)(Date)(Signature)(Date)
C.FISCAL OFFICIAL D.AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS:Wendy Preece
Deputy Finance Director
wpreece@cityofmenifee.us
(951) 723-3714
29844 Haun Road
Menifee, CA 92586
ADDRESS:Barbara Rooney
Director
barbara.rooney@ots.ca.gov
(916) 509-3030
2208 Kausen Drive Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}}{{_es_signer6_signature}} {{_es_signer6_date}}
(Signature)(Date)(Signature)(Date)
12.1.a
Packet Pg. 148 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 2 of 17
E.ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9.DUNS INFORMATION
NAME:Carolyn Vu DUNS #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
024831918
29844 Haun Road
Menifee
92586-6539
ADDRESS:2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10.PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y.CHAPTER STATUTE PROJECTED
EXPENDITURES
164 AL-21 20.608 0521-0890-101 2020 2020 BA/20 $95,000.00
402PT-21 20.600 0521-0890-101 2020 2020 BA/20 $20,000.00
AGREEMENT
TOTAL $115,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
purpose of the expenditure stated above.
$115,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
{{_es_signer5_signature}}{{_es_signer5_date}}$115,000.00
12.1.a
Packet Pg. 149 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 3 of 17
State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT21177
1.PROBLEM STATEMENT
The City of Menifee is a vibrant new city incorporated on October 1, 2008, and is nestled along Interstate
215, just 20 minutes north of the San Diego County border and 30 minutes south from the City of
Riverside. Interstate 215 provides an abundant opportunity of economic growth for the City. The City of
Menifee is roughly 50 square miles in size with a current population of just over 93,000 residents and is
anticipated to reach 100,000 by 2022. Menifee
Lakes, Sun City, Quail Valley, and portions of Romoland. The City of Menifee is recognized as one of the
top 10 cities for growth in Southern California with a 2.4 percent growth rate per year with a median age of
38 years. The heart of the city is near Newport Road and Interstate 215. The 5-mile radius population from
Newport Road and Interstate 215 is approximately 125,000. The 10-mile radius from Newport Road and
Interstate 215 is approximately 475,000.Fifty-seven percent (57%) of Menifee's population is between the
ages of 18 and 44 and there are approximately 37,000 households within the city.
Since incorporation in 2008, the City of Menifee has contracted with the Riverside County Sheriff's
Department for police services. Effective July 1, 2020, the City of Menifee will begin to provide police
services to their community. The newly formed police department will start with 60 sworn positions which
will include two dedicated traffic officers and one dedicated traffic sergeant with oversight from a police
lieutenant.While we anticipate being able to increase the number of traffic officers in year two and three,
the city was not able to dedicate more than two traffic officers to ensure all other start-up personnel and
equipment costs were covered. As a result of taking over police services, the city of Menifee will now have
more local control and accountability over service deliveries.
In 2019, the City of Menifee recorded 432 traffic collision slightly down from 481 in 2018 and significantly
down from 2017 when the city experienced 644 collisions. Of the 432 collisions reported in 2019, there were
362 people injured and eight fatalities. The eight fatalities represents a 100% increase over 2018 when the
city experienced four fatalities and a 300% increase over 2017 when the city experienced two fatalities. In
2019, the City of Menifee experienced 44 DUI related collisions, down approximately 20 percent over 2018
when the city experienced 55 DUI related collisions. Of the eight fatalities in 2019, five were alcohol
involved.
The City of Menifee recorded 15 vehicle/pedestrian collisions in 2019; of which there were 15 injuries and
two fatalities. The 15 pedestrian injuries in 2019 was an approximate 36 percent increase over 2018 when
the city experienced 11 pedestrian injuries. The two pedestrian fatalities in 2019 was an approximate 33
percent decrease over 2018 when the city experienced three pedestrian fatalities.
The City of Menifee recorded 22 vehicle/motorcycle collisions in 2019; of which there were 22 injuries and
one fatality. The 22 motorcyclist injuries in 2019 was an approximate 29 percent increase over 2018 when
the city experienced 17 motorcyclist injuries. The one motorcyclist fatality in 2019 was the same as 2018
when the city experienced one motorcyclist fatality.
The City of Menifee recorded 10 vehicle/bicyclist collisions in 2019, of which there were 10 injuries and zero
fatalities. The 10 bicyclist injuries in 2019 was an approximate 25 percent increase over 2018 when the city
experienced eight bicyclist injuries.
In 2019, the City of Menifee recorded 128 collisions where the Primary Collision Factor (PCF) was
determined to be unsafe speed. Of the 128 collisions reported, there were 122 injuries reported.Reckless
driving is often associated with unsafe speed. Despite tough penalties associated with reckless driving ,
many drivers still maintain unsafe driving habits, endangering lives. In 2019, the City of Menifee recorded
751 calls for service where reckless drivers were reported. Unsafe speed was the top PCF for 2019, 2018,
and 2017. The new Menifee Police Department will take a proactive stance against reckless driving by
strategically deploying our officers where unsafe speed is most commonly reported.
The Riverside County Sheriff's Department working within the City of Menifee experienced an approximate
five percent increase in 2019 with 132 DUI arrest, compared to 126 DUI arrests in 2018. Of the 132 DUI
12.1.a
Packet Pg. 150 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 4 of 17
related collisions in 2019, 17 of them were DUI/Drugs or combo. There are currently 475 subjects in the City
of Menifee with active DUI arrest warrants.The new Menifee Police Department understands that taking a
proactive approach towards DUI enforcement will assist with reducing the number of people injured or killed
in collisions on our roadways.The Menifee Police Department will utilize OTS DUI checkpoint and
saturation patrol grant funding to combat DUI based on statistical data.
2.PERFORMANCE MEASURES
A.Goals:
1.Reduce the number of persons killed in traffic crashes.
2.Reduce the number of persons injured in traffic crashes.
3.Reduce the number of pedestrians killed in traffic crashes.
4.Reduce the number of pedestrians injured in traffic crashes.
5.Reduce the number of bicyclists killed in traffic crashes.
6.Reduce the number of bicyclists injured in traffic crashes.
7.Reduce the number of persons killed in alcohol-involved crashes.
8.Reduce the number of persons injured in alcohol-involved crashes.
9.Reduce the number of persons killed in drug-involved crashes.
10.Reduce the number of persons injured in drug-involved crashes.
11.Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12.Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13.Reduce the number of motorcyclists killed in traffic crashes.
14.Reduce the number of motorcyclists injured in traffic crashes.
15.Reduce hit & run fatal crashes.
16.Reduce hit & run injury crashes.
17.Reduce nighttime (2100 -0259 hours) fatal crashes.
18.Reduce nighttime (2100 -0259 hours) injury crashes.
B.Objectives:Target Number
1.Issue a press release announcing the kick-off of the grant by November 15.The
kick-off press releases and media advisories, alerts, and materials must be
emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to
your OTS Coordinator, for approval 14 days prior to the issuance date of the
release.
1
2.Participate and report data (as required) in the following campaigns, National Walk
to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization,
National Distracted Driving Awareness Month, National Motorcycle Safety Month,
National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA
Summer Mobilization, National Child Passenger Safety Week, and California's
Pedestrian Safety Month.
10
3.
and traffic officers to be on the lookout for identified repeat DUI offenders with a
suspended or revoked license as a result of DUI convictions. Updated HOT sheets
should be distributed to patrol and traffic officers monthly.
12
4.Send law enforcement personnel to the NHTSA Standardized Field Sobriety
Testing (SFST) (minimum 16 hours) POST-certified training.
4
5.Send law enforcement personnel to the NHTSA Advanced Roadside Impaired
Driving Enforcement (ARIDE) 16 hour POST-certified training.
2
6.Send law enforcement personnel to the Drug Recognition Expert (DRE) training.1
7.Send law enforcement personnel to the DRE Recertification training.1
8.Send law enforcement personnel to SFST Instructor training.1
9.Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted
during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To
enhance the overall deterrent effect and promote high visibility,it is recommended
the grantee issue an advance press release and conduct social media activity for
each checkpoint. For combination DUI/DL checkpoints, departments should issue
press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs
for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead."
OTS does not fund or support independent DL checkpoints. Only on an exception
basis and with OTS pre-approval will OTS fund checkpoints that begin prior to
5
12.1.a
Packet Pg. 151 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 5 of 17
1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE-or
ARIDE-trained.
10.Conduct DUI Saturation Patrol operation(s).9
11.Conduct Traffic Enforcement operation(s), including but not limited to, primary
crash factor violations.
4
12.Conduct highly publicized Distracted Driving enforcement operation(s) targeting
drivers using hand held cell phones and texting.
2
13.Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or
during events with a high number of motorcycle incidents or crashes resulting from
unsafe speed, DUI, following too closely, unsafe lane changes, improper turning,
and other primary crash factor violations by motorcyclists and other drivers.
2
14.Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s).1
15.Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in
areas or during events with a high number of pedestrian and/or bicycle crashes
resulting from violations made by pedestrians, bicyclists, and drivers.
4
16.Conduct Traffic Safety educational presentation(s) with an effort to reach
community members. Note: Presentation(s) may include topics such as distracted
driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger
safety.
1
3.METHOD OF PROCEDURE
A.Phase 1 Program Preparation (1st Quarter of Grant Year)
outlined in the objectives section.
All training needed to implement the program should be conducted this quarter.
All grant related purchases needed to implement the program should be made this quarter.
e as a result of DUI
description, current license status, and the number of times suspended or revoked for DUI. Hot
Sheets should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high
crash locations.Media Requirements
Issue a press release announcing the kick-off of the grant by November 15, but no earlier than
October 1.If unable to meet the November 15 date, communicate reasons to your OTS
Coordinator.The kick-off press releases and any related media advisories, alerts, and materials
must be emailed for approval to the OTS Public Information Officer at pio@ots.ca.gov, and
copied to your OTS Coordinator, 14 days prior to the issuance date of the release.
B.Phase 2 Program Operations (Throughout Grant Year)
The department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.Media Requirements
Send all grant-related activity press releases, media advisories, alerts and general public
materials to the OTS Public Information Officer (PIO) at pio@ots.ca.gov, with a copy to your OTS
Coordinator. The following requirements are for grant-related activities and are different from
those regarding any grant kick-off release or announcement.
If an OTS-supplied, template-based press release is used, there is no need for pre-approval,
however, the OTS PIO and Coordinator should be copied when at the same time as the release
is distributed to the press.
If an OTS-supplied template is not used, or is substantially changed, a draft press release shall
be sent to the OTS PIO for approval. Optimum lead-time would be 10 days prior to the release
distribution date, but should be no less than 5 working days prior to the release distribution date.
Press releases reporting the immediate and time-valued results of grant activities such as
enforcement operations are exempt from the recommended advance approval process, but still
should be copied to the OTS PIO and Coordinator when the release is distributed to the press.
Activities such as warrant or probation sweeps and court stings that could be compromised by
advanced publicity are exempt from pre-publicity, but are encouraged to offer embargoed media
coverage and to report the results.
12.1.a
Packet Pg. 152 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 6 of 17
Use the following standard language in all press, media, and printed materials: Funding for this
program was provided by a grant from the California Office of Traffic Safety, through the National
Highway Traffic Safety Administration.
Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 30 days in
advance, a short description of any significant grant-related traffic safety event or program so
OTS has sufficient notice to arrange for attendance and/or participation in the event.
Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts,
artwork, trailer graphics, etc.) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator
for approval 14 days prior to the production or duplication.
Space permitting, include the OTS logo, on grant-funded print materials; consult your OTS
Coordinator for specifics and format-appropriate logos.
Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for
consultation when deviation from any of the above requirements might be contemplated
C.Phase 3 Data Collection & Reporting (Throughout Grant Year)
Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30,
and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant
media activities. Include status of grant-funded personnel, status of contracts, challenges, or
special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4.METHOD OF EVALUATION
Using the
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
ficant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5.ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities
after grant conclusion.
12.1.a
Packet Pg. 153 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 7 of 17
State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT21177
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-21 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$95,000.00
402PT-21 20.600 State and Community Highway
Safety
$20,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A.PERSONNEL COSTS
Positions and Salaries
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-21 $8,778.00 5 $43,890.00
DUI Saturation Patrols 164AL-21 $813.00 9 $7,317.00
Benefits OT @ 11.68%164AL-21 $51,207.00 1 $5,981.00
Traffic Enforcement 402PT-21 $904.00 4 $3,616.00
Distracted Driving 402PT-21 $904.00 2 $1,808.00
Motorcycle Safety 402PT-21 $904.00 2 $1,808.00
Night-time Click It Or Ticket 402PT-21 $542.00 1 $542.00
Pedestrian and Bicycle Enforcement 402PT-21 $904.00 4 $3,616.00
Traffic Safety Education 402PT-21 $362.00 1 $362.00
Benefits OT @ 11.68%402PT-21 $11,752.00 1 $1,373.00
Category Sub-Total $70,313.00
B.TRAVEL EXPENSES
In State Travel 402PT-21 $3,185.00 1 $3,185.00
$0.00
Category Sub-Total $3,185.00
C.CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D.EQUIPMENT
DUI Trailer 164AL-21 $35,000.00 1 $35,000.00
Category Sub-Total $35,000.00
E.OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-21 $312.00 1 $312.00
PAS Device/Calibration Supplies 164AL-21 $500.00 5 $2,500.00
Lidar Device 402PT-21 $1,845.00 2 $3,690.00
Category Sub-Total $6,502.00
F.INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $115,000.00
12.1.a
Packet Pg. 154 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 8 of 17
State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT21177
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
DUI Saturation Patrols -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Benefits OT @ 11.68% -Benefit % for OT includes Workers Comp, Unemployment, and Medicare, only.
Traffic Enforcement -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Distracted Driving -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Motorcycle Safety -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Night-time Click It Or Ticket -Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Pedestrian and Bicycle Enforcement -Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Traffic Safety Education -Overtime for grant funded traffic safety presentations or campaigns conducted by
appropriate department personnel.
Benefits OT @ 11.68% -Benefit % for OT includes Workers Comp, Unemployment, and Medicare, only.
TRAVEL EXPENSES
In State Travel -Costs are included for appropriate staff to attend conferences and training events
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. Anticipated travel may include Lifesavers conference. All conferences, seminars or
training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must
be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when
registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
DUI Trailer -Fully equipped trailer to transport DUI checkpoint supplies and to serve as a communication
and command post during OTS operations. Costs may include the trailer, sales tax, delivery, installation
costs, and other modifications and accessories or other items necessary to make the trailer usable for grant
purposes, such as a generator, lighting, paint and graphics. The trailer cannot include any furniture or
fixtures not affixed to the trailer.
OTHER DIRECT COSTS
DUI Checkpoint Supplies -On-scene supplies needed to conduct sobriety checkpoints. Costs may include
28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10),
traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares,
PAS device supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items
may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
12.1.a
Packet Pg. 155 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 9 of 17
PAS Device/Calibration Supplies -Preliminary alcohol screening device to detect the presence of alcohol in
a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and
accessories.
Lidar Device -Light detection and ranging device used to measure the speed of motor vehicles. This device
will be used for speed enforcement.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
Program Income default statement:
There will be no program income generated from this grant.
Enforcement Grant Quota Disclaimer:
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and
objectives here under.
12.1.a
Packet Pg. 156 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 10 of 17
State of California Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT21177
CERTIFICATIONS AND ASSURANCES
HIGHWAY SAFETY GRANTS
(23 U.S.C.CHAPTER 4 AND SEC.1906,PUB.L.109-59,AS AMENDED)
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency
officials to civil or criminal penalties and/or place State in a high-risk grantee status in accordance with 49 CFR
18.12.
The Officials named on the grant agreement signature page, that the Grantee Agency complies with all
applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect
with respect to the periods for which it receives grant funding. Applicable provisions include but are not limited
to the following:
GENERAL REQUIREMENTS
23 U.S.C. Chapter 4 Highway Safety Act of 1966, as amended
2 CFR part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
49 CFR Part 18-Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
23 CFR part 1300 Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin) and 49 CFR part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination
on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the
basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or
activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination
on the basis of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (prevents discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations); and
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
(guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP)
by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access
to programs (70 FR 74087-74100).
12.1.a
Packet Pg. 157 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 11 of 17
The State highway safety agency
color, national origin, disability,sex, age, limited English proficiency, or membership in any other class
protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the
program is Federally-assisted;
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non-Discrimination Authorities identified in this Assurance;
all applicable
documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
under these Non-Discrimination Authorities and this Assurance;
in all contracts and funding agreements with other State or private entities the following
clause:
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law
or regulation, as set forth in appendix B of 49 CFR part 2l and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by
the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this
contract/funding agreement, the State highway safety agency will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding
payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient
complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part;
and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in
every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The state will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities
of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
12.1.a
Packet Pg. 158 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 12 of 17
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification
set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary tier participant shall submit an explanation of
why it cannot provide the certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default or may
pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to
which this proposal is submitted if at any time the prospective primary tier participant learns its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of
those regulations.
12.1.a
Packet Pg. 159 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 13 of 17
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the
ation Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
the department or agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to
comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered
Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
12.1.a
Packet Pg. 160 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 14 of 17
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction," without modification, in all
lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower
tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
12.1.a
Packet Pg. 161 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 15 of 17
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal
funds only steel, iron and manufactured products produced in the United States, unless the Secretary of
Transportation determines that such domestically produced items would be inconsistent with the public interest,
that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic
materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal
funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate
basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997,
the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees when operating company-owned, rented, or personally-owned vehicles. The National Highway
Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this
Presidential initiative. For information and resources on traffic safety programs and policies for employers,
please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to
improving the traffic safety practices of employers and employees. You can download information on seat belt
programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at
www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns,
and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving,
and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text
messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or
privately-owned vehicles when on official Government business or when performing any work on or behalf of
the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate
with the size of the business, such as establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees
about the safety risks associated with texting while driving.
12.1.a
Packet Pg. 162 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 16 of 17
INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1.Each agency is allowed a total of FIVE (5) GEMS Users.
2.GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly
Performance Reports (QPRs) and reimbursement claims.
3.Complete the form if adding, removing or editing a GEMS user(s).
4.The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1.David Gutierrez
Title: Captain Media Contact: No
Phone: (951) 723-3876
Email: dgutierrez@menifeepolice.org
State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access
Exhibit C
GRANT NUMBER
PT21177
GRANT DETAILS
Grant Number: PT21177
Agency Name:Menifee Police Department
Grant Title: Selective Traffic Enforcement Program (STEP)
Agreement Total:$115,000.00
Authorizing Official:Pat Walsh
Fiscal Official: Wendy Preece
Grant Director: Abigail Valle
12.1.a
Packet Pg. 163 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
7/28/2020 8:59:43 AM Page 17 of 17
Complete the below information if adding, removing or editing a GEMS user(s)
GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[]c12_es_:signer1}}Add as a media contact? Yes {{[]c1_es_:signer1}}No{{[]c2_es_:signer1}}
{{UserName1_es_:signer1}}{{UserTitle1_es_:signer1}}
Name Job Title
{{UserEmail1_es_:signer1}}{{UserPhone1_es_:signer1}}
Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}}
{{UserName2_es_:signer1}}{{UserTitle2_es_:signer1}}
Name Job Title
{{UserEmail2_es_:signer1}}{{UserPhone2_es_:signer1}}
Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}}Remove Access {{[]c16_es_:signer1}}Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}}
{{UserName3_es_:signer1}}{{UserTitle3_es_:signer1}}
Name Job Title
{{UserEmail3_es_:signer1}}{{UserPhone3_es_:signer1}}
Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}}
{{UserName4_es_:signer1}}{{UserTitle4_es_:signer1}}
Name Job Title
{{UserEmail4_es_:signer1}}{{UserPhone4_es_:signer1}}
Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}}Remove Access {{[]c20_es_:signer1}}
Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}}
{{UserName5_es_:signer1}}{{UserTitle5_es_:signer1}}
Name Job Title
{{UserEmail5_es_:signer1}}{{UserPhone5_es_:signer1}}
Email address Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
{{Sig_es_:signer2:signature}}{{Name1_es_:signer2:fullname}}
Signature Name
{{Dte2_es_:signer2:date}}Grant Director
Date Title
12.1.a
Packet Pg. 164 Attachment: 2020-2021 Grant Agreement (2630 : OTS Grant for Police Department)
RESOLUTION NO. 20-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING THE FISCAL YEAR 2020/21 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2020/21
with Resolution No. 20-916 on June 3rd, 2020; and
WHEREAS, the City of Menifee does from time to time have unanticipated revenues
and/or expenditures arise; and
WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget
resources to continue and enhance the operations of the City of Menifee; and
WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2020/21
budget to reflect an additional revenue source and a corresponding additional expenditure as
follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund Adopted FY 2020/21 Revenue Budget: $0
CITY COUNCIL
MEETING
DESCRIPTION
ACCOUNT #
AMOUNT
August 19, 2020 CalRecycle Beverage
Container Recycling Grant
301-3848 23,125
August 19, 2020 CARES Act Funds 301-3740 1,198,820
September 2, 2020 OTS Grant (STEP) 301-3865 115,000
TOTAL: $1,336,945
Amended Grant Fund FY 2020/21 Revenue Budget: $1,336,945
Grant Fund Adopted FY 2020/21 Expenditure Budget: $0
2. Record Appropriation(s):
CITY COUNCIL
MEETING
DESCRIPTION
ACCOUNT #
AMOUNT
August 5, 2020 CalRecycle Beverage
Container Recycling
Grant
301-4550-52425 23,125
August 19, 2020 Emergency Declaration
Expenses (CARES)
301-4221-52214 1,098,820
August 19, 2020 Small Business
Assistance Grant
Program
301-4221-52215 100,000
September 2, 2020 OTS Grant (STEP) 301-4911-52426 115,000
TOTAL: $1,336,945
12.1.b
Packet Pg. 165 Attachment: Resolution - OTS (STEP) Grant [Revision 2] (2630 : OTS Grant for Police Department)
Amending the Fiscal Year 2020/21 Grant Fund Budget
2
Amended Grant Fund FY 2020/21 Expenditure Budget: $1,336,945
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 2020/21 is
hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
2019 CalRecyle Beverage Container Grant 23,125
CARES Act Funds 1,198,820
OTS Grant (STEP) 115,000
Amended Grant Fund FY 2020/21 Budget $1,336,945
Expenditures:
2019 CalRecycle Beverage Container Grant 23,125
Emergency Declaration Expenses (CARES) 1,098,820
Small Business Assistance Grant Program 100,000
OTS Grant (STEP) 115,000
Amended Grant Fund FY 2020/21 Budget: $1,336,945
12.1.b
Packet Pg. 166 Attachment: Resolution - OTS (STEP) Grant [Revision 2] (2630 : OTS Grant for Police Department)
Amending the Fiscal Year 2020/21 Grant Fund Budget
3
PASSED, APPROVED AND ADOPTED this 2nd day of September 2020
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
12.1.b
Packet Pg. 167 Attachment: Resolution - OTS (STEP) Grant [Revision 2] (2630 : OTS Grant for Police Department)
FISCAL YEAR OF GRANT AWARD:2020/2021
DATE CITY COUNCIL APPROVED:9/2/2020 RELATED RESOLUTION #(s):
City Department: Police Department City Grant Administrator:
Federal Awarding Agency: Federal CFDA No:
20.608/
20.600
Pass-through Agency:California Office of Traffic Safety (OTS) Pass-through No. :
Grant Name from Agency:
Funding Period:Oct 1, 2020 - Sept 30, 2021
Reporting Requirements: Invoice submission, Quarterly Performance Reports
(Example: Report to pass-through agency quarterly.)
Type of Grant:Federal/State Reimbursement
If Other (please describe):N/A Annually
Amount from Granting Agency:$115,000.00
City Matching Funds:$0.00 N/A
Total Grant Amount:$115,000.00
City Expenditure Account Number: 301-3865
City Revenue Account Number: 301-4911-52426
Does the funding agency require a compliance audit?Yes
If yes, what kind of report? Other
Additional reporting required:
Does the funding agency require a copy of the Single Audit report?No
Is this a federal grant (subject to Single Audit)?Yes
Can grant funds be carried over to other fiscal years?Yes
If yes, which years?:21/22
No
City Program and/or Purpose of Grant:
The purpose of this grant is to reduce the number of driving under the influence incidents and collisions within the City of Menifee. The department will send four (4) officers to Standardized Field Sobriety Testing (SFST) training, two (2) officers to Advanced Roadside Impaired Driving Enforcement (ARIDE) training, one (1) officer to Drug Recognition Expert (DRE) training, and one (1) officer to DRE instructor training.
Additional Description:
(Example: Certain Percentage of Amount from Granting Agency)
(If new or unknown, contact Finance Department)
If Other (please describe):
Is allocated interest a grant requirement?
Selective Traffic Enforcement Program (STEP)
Amended Through:
Method of Funding:
Frequency of Funding:
If Other (please describe):
National Highway Traffic Safety Administration
CITY OF MENIFEE
FINANCE DEPARTMENTGRANT SUMMARY REPORT
TBD
Christine Booker
This Report is to be completed for each approved grant, and forwarded along with approved Council Agenda staff report to the Finance Department.
12.1.c
Packet Pg. 168 Attachment: Grant Summary Report (OTS)(STEP)(2020) (2630 : OTS Grant for Police Department)
CITY OF MENIFEE
SUBJECT: Southwest Cities SWAT Memorandum of Understanding
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Chris Karrer, Police Captain
REVIEWED BY: Pat Walsh, Police Chief
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Authorize the City Manager to enter ratify the Memorandum of Understanding (MOU) with the
cities of Hemet and Murrieta for the purposes of establishing a joint Special Weapons and
Tactics team (Southwest Cities SWAT); which includes the City of Menifee.
BACKGROUND
The Hemet and Murrieta police departments’ respective Special Weapons and Tactics (SWAT)
teams have trained and deployed as joint, regional SWAT team since 1998. This collaboration
came to be as a result of a 1998 critical incident involving a hostage rescue in the City of
Hemet. That specific incident proved taxing on a the City of Hemet’s resources and therefore
the need for a memorandum of understanding between the departments was born. The
effectiveness of this collaboration has been evident based on an abundance of successful
tactical operations and effective use of resources over the past several years.
During the initial stages of the Menifee Police Department’s formation, Department leadership
recognized there would be a need for a SWAT team. Riverside County Sheriff Department
leadership advised that, when it was the City’s law enforcement provider, it responded to
several high risk incidents in the City of Menifee annually, including a couple of incidents early in
2020. The Menifee Police Department leadership determined a tactical team needed to be
formed for purposes of officer development, officer safety, and controlling tactics used within the
city.
In early February, Menifee command staff began discussions with the Hemet / Murrieta SWAT
team command staff regarding the potential establishment of a joint municipal regional SWAT
team. The command staff of all three agencies agreed that the consolidation of their SWAT
units into one team would benefit the citizens of all three communities by sharing resources and
equipment and formalizing a joint effort.
12.2
Packet Pg. 169
City of Menifee Staff Report
Swat MOU
September 2, 2020
Page 2 of 3
DISCUSSION
The Menifee Police Department started providing service on July 1, 2020 with the intent of
providing patrol and investigative services to the community. Within three days of service there
was a homicide with an armed suspect inside and refusing to exit. This situation was ultimately
resolved through negotiations with the patrol officers. However, this situation identified a couple
of weaknesses in staffing and proper equipment had this been a prolonged event.
The Menifee Police Department does not currently have the resources to provide effective
SWAT services within the City of Menifee. But the City can meet that need if it joins with Hemet
and Murrieta to form a retinal SWAT team. The attached MOU provides for sharing of resources
for a Menifee/Hemet/Murrieta SWAT team, a team of Tactical Emergency Medics, K-9
personnel, and Crisis Negotiators. The MOU allows for the appropriate response to a high risk
emergency situations and pre-planned high risk events.
SWAT responses to critical incidents can vary in risk and duration, impacting regular patrol
staffing and operations. The strain on staffing and budgeting can be reduced through this MOU
by consolidation of resources and personnel of three municipal police departments.
The MOU between the three police departments was drafted and signed by the three Chiefs of
Police on July 6, 2020. The purpose of the agreement was to recognize administrative policies
and provisions recommended for the functional consolidation of the three participating entities.
The MOU specifically outlines the use of departmental resources, liability, training objectives,
deployment considerations, command structure, billing methodology, the team’s mission, and
other key components that solidify policies and procedures.
An example of resource benefit can be displayed through the recent SWAT activation where the
Menifee Police Department responded to a felony crime involving a barricaded subject. The
SWAT team was called in and the event lasted for nearly five hours. The resources included
over 30 operators, tactical medics, drone operators, two Bearcat armored vehicles, and a
command vehicle. This operation cost roughly $11,000; however the suspect was taken into
custody without injury and the Menifee Police Department was not depleted of nearly half its
operational staff.
There are no foreseen disadvantages with the establishment of joint SWAT efforts between the
three entities.
FISCAL IMPACT
The department budgeted $25,000 for the purchase of equipment and munitions to equip four
SWAT members within the current fiscal year. If additional resources are identified, there may
be additional equipment purchased to add members. There will be additional costs associated
with training of SWAT members, however that is already budgeted in the department training
fund.
ATTACHMENTS
12.2
Packet Pg. 170
City of Menifee Staff Report
Swat MOU
September 2, 2020
Page 3 of 3
1. SWAT MOU
12.2
Packet Pg. 171
12.2.a
Packet Pg. 172 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 173 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 174 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 175 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 176 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 177 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 178 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 179 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 180 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 181 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 182 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12.2.a
Packet Pg. 183 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
12
Section 20: City Manager Signatures
The undersigned represent the City Manager authorizations for the Cities
of Hemet, Menifee and Murrieta. The City Managers listed below report
directly to their elected councils and have the authority to execute this
agreement on behalf of their respective cities.
_________________________________
Kim Summers, City Manager
City of Murrieta
Date: ____________
_________________________________
Christopher Lopez, City Manager
City of Hemet
Date: ____________
_________________________________
Armando G. Villa, City Manager
City of Menifee
Date: ____________
12.2.a
Packet Pg. 184 Attachment: SWAT MOU [Revision 1] (2644 : Swat MOU)
CITY OF MENIFEE
SUBJECT: Armored Rescue Vehicle Purchase
MEETING DATE: September 2, 2020
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst
REVIEWED BY: Pat Walsh, Police Chief
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
Approve the attached budget amendment Resolution authorizing the Menifee Police
Department’s budget carryovers, as of June 30, 2020 for purchase of refurbished G3 BearCat
Armored Rescue Vehicle (ARV), to fiscal year 2020/21.
DISCUSSION
The Menifee Police Department has joined the Southwest Cities Special Weapons and Tactics
(SWAT) team. This regional SWAT team consists of personnel and equipment supplied by the
Hemet Police Department, the Murrieta Police Department, and the Menifee Police
Department. Between the three cities, the SWAT team covers approximately 113 square miles:
Menifee being the largest at close to 50 square miles. The population of the three cities is just
under 300,000.
The Hemet Police Department and the Murrieta Police both have Armored Rescue Vehicles
(ARVs). The Menifee Police Department currently does own an ARV. Due to the large service
area, staff believes each city needs to have their own ARV. Menifee has many large parcels
where ARVs provide safer response options for all personnel involved in a SWAT callout. In
addition, there is no guarantee that when an ARV is needed in Menifee, the other two ARVs
would be available due to already being deployed or being out of service.
ARVs are armored vehicles used for high risk operations including being a mobile shield in an
active shooter situation, providing protection to officers during high risk warrant services or other
high-risk tactical situations, and removing of downed officers or injured citizens in a hazardous
or hostile environment. The Menifee Police department will no doubt be able to save lives, and
safely deliver equipment, supplies and other necessities during these types of operations. The
ARV can also be used for citizen rescues and evacuations during emergencies such as flooded
roadways due to its high ground clearance and ability to carry more than 12 occupants.
12.3
Packet Pg. 185
City of Menifee Staff Report
Armored Rescue Vehicle Purchase
September 2, 2020
Page 2 of 2
Staff has found Lenco Industries, Inc. to have a product that will meet the Menifee Police
Department’s needs. In addition Lenco Industries, Inc. vehicles have features currently not
available through other manufactures including one piece solid through, bumper to bumper
ballistic panels, a zero gravity counter balanced roof hatch, and a 131” wheel base which allows
it to have an inside turning radius of 17’8”. All other manufactures utilize the OEM wheelbase of
145 inches.
Lenco’s Refurbished ARV’s have new engines, new steering, new suspension, new ballistic
glass, new interior and exterior paint, and new air conditioning, among other features. The ARV
has a one-year vehicle warranty and a two-year engine warranty.
The cost of a new ARV with similar specifications would be approximately $338,617 and the
City would not be able to take delivery of the vehicle for approximately a year.
FISCAL IMPACT
The cost of the Armored Rescue Vehicle is $228,378.63. The purchase will be funded utilizing
salary savings and operational savings from the police department’s FY 19/20 operating budget
as approved for carry-over at the July 15, 2020 City Council meeting. Specifically, this purchase
will be funded through Account #100-4911-53155 (Capital Outlay).
There will be some ongoing maintenance and fuel costs, however these minimal costs will be
funded utilizing the department’s already approved FY 20/21 vehicle maintenance and fuel
budget. Future years’ maintenance costs will be incorporated as part of the respective year’s
annual budget process for future years. No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Resolution - Armored Response Vehicle Purchase
2. Lenco Industries, Inc. Quote (Refurbished)
3. Lenco Industries, Inc. Quote (New)
4. Lenco Industries Sole Source Letter
5. Information Sheet
12.3
Packet Pg. 186
RESOLUTION NO. 20-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING THE PURCHASE OF AN ARMORED RESCUE VEHICLE IN THE
AMOUNT OF $228,378.63 FROM LENCO INDUSTRIES INCORPORATED
WHEREAS, the Menifee Police Department has joined the Southwest Cities
SWAT team along with the Hemet Police Department and the Murrieta Police
Department, and
WHEREAS, the Southwest Cities SWAT team provides SWAT services to
approximately 300,000 people and is responsible for a geographical area of
approximately 113 square miles, and
WHEREAS, the Menifee Police Department wishes to acquire a refurbished G3
BearCat Armored Rescue Vehicle from Lenco Industries, Inc., and
WHEREAS, Lenco Industries, Inc. Armored Rescue Vehicles meet all of the needs
of the Menifee Police Department, and
WHEREAS, Lenco Industries, Inc. Armored Rescue Vehicles have safety and
operational features currently not available from other manufactures, and
WHEREAS, the Armored Rescue Vehicle will be used for citizen rescues and
evacuations during emergencies, and for high risk operations including providing
protection to officers and staff during high-risk tactical situations.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City of Menifee
does hereby authorize the City Manager to acquire a refurbished G3 BearCat Armored
Rescue Vehicle from Lenco Industries, Incorporated in the amount of $228,378.63.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Menifee, California, this 2nd day of September, 2020.
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
12.3.a
Packet Pg. 187 Attachment: Resolution - Armored Response Vehicle Purchase [Revision 1] (2638 : Armored Rescue Vehicle Purchase)
19507B
Quotation Date:August 12, 2020
10 Betnr Industrial Drive – Pittsfield, MA 01201 Lenco Tax ID#:04-2719777
PH (413) 443-7359 – FAX (413) 445-7865
CUST#: MELCA Menifee, CA
Common Carrier
Menifee Police Department Net 30 Days
29714 Haun Rd.
Menifee, CA 92586
Item:Product #Qty Unit Price TOTAL
Lenco BearCat (4WD, Rotating Hatch; Counter Balanced)UBC55003 1 $196,670.00 $196,670.00
NIJ IV & Multi-hit .50 CAL BMG Armor Protection
Paint Color: Desert Tan (CARC) #18-094
LED Lights: CA Mandated Solid Burn Red & Blue Front, Amber & Blue Rear
Vendor Int: No
Included Options:
Rear Auxiliary AC/Heating System UBCHAC 1 N/C
Hydraulic Ram Upgrade UBCHYDRAM 1 N/C
Backup Camera UBCBU 1 N/C
Subtotal $196,670.00
Menifee, CA 8.75% Tax (not collected by Lenco)$17,208.63
$14,500.00
Total Due Lenco $211,170.00
$228,378.63
Specifications Subject to Change PROPRIETARY
ACCEPTANCE OF PROPOSAL – The above prices are satisfactory and are hereby
accepted. You are authorized to do the work as specified. Payment will be made as outlined
above.
Authorized
Signature: _____________________________________________
Authorized
Signature:
Please sign and return
Thank You
James Massery
James Massery
Shipping and Handling, FOB Menifee, CA
WARNING: Information Subject to Export Control Laws
The technical data in this document is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979, as
amended, Title 50, U.S.C., App. 2401 et seq. and which may not be exported, released or disclosed to non-U.S. persons (i.e. persons who are not U.S. citizens or lawful
permanent residents [“green card” holders]) inside or outside the United States, without first obtaining an export license. Violations of these export laws are subject
to severe civil, criminal and administrative penalties.
THE WRITTEN APPROVAL OF THE DIRECTORATE OF US DEFENSE TRADE CONTROLS AND LENCO INDUSTRIES, INC. MUST BE OBTAINED BEFORE RESELLING, TRANSFERRING,
TRANSSHIPING, OR DISPOSING OF A DEFENSE ARTICLE TO ANY END USER, END USE OR DESTINATION OTHER THAN AS STATED ON THIS LENCO QUOTE OR THE SHIPPER’S EXPORT
DECLARATION IN CASES WHERE AN EXEMPTION IS CLAIMED UNDER THIS SUBCHAPTER ITAR 123.9(A).
WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL
RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR 90 DAYS. THEREAFTER, IT IS SUBJECT TO CHANGE WITHOUT NOTICE.
Notes:
2008 Pre-Owned Lenco BearCat Stock #4455U (subject to availability)
Total
Quotation
Terms and Conditions: 1) Transfer of Vehicle Certificate of Origin to New Owner Done Upon Receipt of Payment in Full. 2) Lenco Does Not Collect Tax or
Register Vehicles with DMV. 3) Cooperative Purchasing available under Lenco's GSA Contract# GS-07F-169DA (Schedule 84) or the 1122 Program. 4)
Acceptance of this Quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request.
Inspection & Acceptance:At Lenco's Facility, Pittsfield, MA
52 Weeks ARO (Est.)
F.O.B.:
Ship Via:
Payment Terms:
Estimated Completion:
Page 1 of 1
12.3.b
Packet Pg. 188 Attachment: Lenco Industries, Inc. Quote (Refurbished) (2638 : Armored Rescue Vehicle Purchase)
19508
Quotation Date:August 10, 2020
10 Betnr Industrial Drive – Pittsfield, MA 01201 Lenco Tax ID#:04-2719777
PH (413) 443-7359 – FAX (413) 445-7865
CUST#: MELCA Menifee, CA
Common Carrier
Menifee Police Department Net 30 Days
29714 Haun Rd.
Menifee, CA 92586
Item:Product #Qty Unit Price TOTAL
Lenco BearCat (4WD, Rotating Hatch; Counter Balanced)BC55003 1 $200,704.00 $200,704.00
NIJ IV & Multi-hit .50 CAL BMG Armor Protection
Paint Color: Desert Tan (CARC) #18-094
LED Lights: CA Mandated Solid Burn Red & Blue Front, Amber & Blue Rear
Vendor Int: No
Options:
BearCat G3 4-Wheel Off-Road Upgrade Pkg w/Run-Flats BC3WOFFRD 1 $34,958.00 $34,958.00
Diesel Engine, 6.7L Turbo BCDLEN 1 $8,859.00 $8,859.00
Back up Camera System with Monitor BCBU 1 $2,297.00 $2,297.00
Electric Power Mirrors BCMIR 1 $1,508.00 $1,508.00
Intercom System; Inside to Outside BCINT 1 $2,871.00 $2,871.00
Radio Prep Package, (1) Max (2)BCINSRA 1 $502.00 $502.00
Rear A/C - Heating System: High Capacity BCHAC 1 $2,972.00 $2,972.00
Rear A/C - Heating System: High Capacity Upgrade BCHACUP 1 $4,210.00 $4,210.00
Roof Mounted Remote Control Spot Light - LED BCSLLED 2 $1,404.00 $2,808.00
(1) 7" Vertical GunPort Upgrade BCGP7 8 $152.00 $1,216.00
4-Door Configuration BC4DR 1 $7,858.00 $7,858.00
Armored Oil Pan Guard BCAOPG 1 $1,936.00 $1,936.00
Hydraulic Front Mounted Receiver with Ram Post and Plate BCHYDRAM 1 $12,479.00 $12,479.00
Subtotal $285,178.00
Menifee, CA 8.75% Tax (not collected by Lenco)$24,953.08
4% Performance Bond (Including vehcile, tax and shipping)$12,985.24
$14,500.00
Total Due Lenco $312,663.24
$337,616.32
Specifications Subject to Change PROPRIETARY
ACCEPTANCE OF PROPOSAL – The above prices are satisfactory and are hereby
accepted. You are authorized to do the work as specified. Payment will be made as outlined
above.
Authorized
Signature: _____________________________________________
Authorized
Signature:
Please sign and return
Quotation
Terms and Conditions: 1) Transfer of Vehicle Certificate of Origin to New Owner Done Upon Receipt of Payment in Full. 2) Lenco Does Not Collect Tax or
Register Vehicles with DMV. 3) Cooperative Purchasing available under Lenco's GSA Contract# GS-07F-169DA (Schedule 84) or the 1122 Program. 4)
Acceptance of this Quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request.
Inspection & Acceptance:At Lenco's Facility, Pittsfield, MA
52 Weeks ARO (Est.)
F.O.B.:
Ship Via:
Payment Terms:
Estimated Completion:
Thank You
James Massery
James Massery
Shipping and Handling, FOB Menifee, CA
WARNING: Information Subject to Export Control Laws
The technical data in this document is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979, as
amended, Title 50, U.S.C., App. 2401 et seq. and which may not be exported, released or disclosed to non-U.S. persons (i.e. persons who are not U.S. citizens or lawful
permanent residents [“green card” holders]) inside or outside the United States, without first obtaining an export license. Violations of these export laws are subject
to severe civil, criminal and administrative penalties.
THE WRITTEN APPROVAL OF THE DIRECTORATE OF US DEFENSE TRADE CONTROLS AND LENCO INDUSTRIES, INC. MUST BE OBTAINED BEFORE RESELLING, TRANSFERRING,
TRANSSHIPING, OR DISPOSING OF A DEFENSE ARTICLE TO ANY END USER, END USE OR DESTINATION OTHER THAN AS STATED ON THIS LENCO QUOTE OR THE SHIPPER’S EXPORT
DECLARATION IN CASES WHERE AN EXEMPTION IS CLAIMED UNDER THIS SUBCHAPTER ITAR 123.9(A).
WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL
RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR 90 DAYS. THEREAFTER, IT IS SUBJECT TO CHANGE WITHOUT NOTICE.
Notes:
Total
Page 1 of 1
12.3.c
Packet Pg. 189 Attachment: Lenco Industries, Inc. Quote (New) (2638 : Armored Rescue Vehicle Purchase)
August 11, 2020
Dave Gutierrez
Menifee Police Department
29714 Haun Road
Menifee, CA 92586
Re: Lenco Sole Source for the Lenco BearCat®
Dear Mr. Gutierrez:
This letter is to inform you that Lenco Armored Vehicles is the Sole Source Manufacturer for the Lenco
BearCat® or the equivalent.
• We employ secret and proprietary processes in the design and manufacture of the Lenco BearCat to provide
superior ballistic performance at a lighter weight than any competitive vehicles.
• We employ a patented, zero gravity counter balanced roof hatch system which enhances operator safety and
security.
• We have developed secret engineering processes to offer a turning radius of 17’ 8”, which is shorter than the
overall length of the vehicle, thereby providing enhanced tactical maneuverability.
• We employ secret and proprietary processes to modify the vehicle chassis to re-distribute the armor, chassis and
occupant weights proportionately between the front & rear axles.
We are the only manufacturer, distributor, authorized dealer or supplier of this product or its equivalent.
Expanded explanations on the above Sole Source statements:
1. With regard to the secret and proprietary process to provide superior ballistic performance at a lighter
weight, the Lenco BearCat armor is made with ½ inch thick Mil Spec steel. Specifically, the walls are 1 piece
solid through, and they extend from the front bumper to the rear bumper as one solid contiguous unit. This
process is not done by any other armored vehicle manufacturer. Other armored vehicle companies utilize
sections, which increases the number of vulnerable areas through the excessive use of seams, welds, and
overlaps; also making the vehicle heavier. Other manufacturers also use layered armor systems, such as 2
layers of ¼ inch connected by tubular framing. This process reduces their vehicle’s ability to repel even
medium caliber rifle rounds on their outer shell and also dramatically increases total weight, thereby making
the vehicle less responsive.
2. With regard to the zero gravity counter balanced roof hatch, this Lenco exclusive option is critical in that
during a gun battle or other emergency, should the roof hatch need to be rapidly closed to protect occupants
from gun fire, the zero gravity system prevents unnecessary overpull, commonly seen in lesser vehicles that
use gas rods for holding the hatch open. Gas rods resist closure up until the 50% aperture, then completely
release all pressure, commonly causing head and/or facial injuries.
3. The Lenco BearCat is the only armored rescue vehicles with a 131” wheelbase, allowing it to have an
inside turning radius of 17’8”. All other armored vehicle manufacturers use the OEM wheel base of 145
inches. Being able to turn the vehicle around in a city street with one quick revolution, without having to
make a three point turn is critical in tactical response, especially against a potential terror threat that may be
actively terrorizing a community, as was the case in San Bernardino, CA.
12.3.d
Packet Pg. 190 Attachment: Lenco Industries Sole Source Letter (2638 : Armored Rescue Vehicle Purchase)
Designer and Manufacturer of Tactical Armored Security Vehicles
10 Betnr Industrial Drive · Pittsfield, MA 01201 · Tel (413) 443-7359 · Fax (413) 445-7865
www.LencoArmor.com · e-mail: Info@LencoArmor.com
Further to the point above, the shorter wheel base allows for overhang/cantilever weight off the back
end, assisting in the braking process. Armored vehicles that do not have enough rear end weight extending
past the rear tires have dangerous braking attributes. The Lenco process also reduces forward pressure on the
front axle and front brakes, which are the primary components to all safe braking distances.
4. Attached is U.S. Army Aberdeen Performance testing demonstrating our braking capability along with
many other useful characteristics, such as tilt table strengths. No other commercial armored vehicle builder
has conducted U.S. Army Aberdeen performance testing.
Sole Source References:
Burbank Police Department Lt. Mike Albanese 805-857-9243
Kansas Highway Patrol Chris Bowling 913-982-7263
McKinney Police Department, TX Carl Rogers 479-431-7971
Rhode Island State Police Tom Chabot 401-474-5164
Fairfax County Police Department, VA Lance Guckenberger 571-722-6443
Oklahoma Highway Patrol Lance Schroyer 918-304-9021
FBI Hostage Rescue Team K.C. Hughes 703-258-2194
Sincerely,
James J. Massery
James J. Massery
Government Sales Manager
12.3.d
Packet Pg. 191 Attachment: Lenco Industries Sole Source Letter (2638 : Armored Rescue Vehicle Purchase)
12.3.e
Packet Pg. 192 Attachment: Information Sheet (2638 : Armored Rescue Vehicle Purchase)